[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2017 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, 2017

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2017
                    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........................     829
      Alphabetical List of Agencies Appearing in the CFR......     849
      List of CFR Sections Affected...........................     859

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2017), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
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citations for the regulations are referred to by volume number and page 
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Code a note has been inserted to reflect the future effective date. In 
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inserted following the text.

OMB CONTROL NUMBERS

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

[[Page vi]]

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

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

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

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
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if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
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    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
that volume.
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This index is based on a consolidation of the ``Contents'' entries in 
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    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

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the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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    The e-CFR is a regularly updated, unofficial editorial compilation 
of CFR material and Federal Register amendments, produced by the Office 
of the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register.
    July 1, 2017.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-seven 
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-
60.499), part 60 (60.500-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 
72-79, part 80, part 81, parts 82-86, 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-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to 
end. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2017.

    Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. Regulations issued by the Council on Environmental 
Quality, including an Index to Parts 1500 through 1508, appear in the 
volume containing parts 1060 to end. The OMB control numbers for title 
40 appear in Sec.  9.1 of this chapter.

    For this volume, Gabrielle E. Burns was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




       (This book contains part 52, Sec. Sec. 52.1019 to 52.2019)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


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

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

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





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



                             Subpart U_Maine

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

                           Subpart V_Maryland

52.1070 Identification of plan.
52.1071 Classification of regions.
52.1072 [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 [Reserved]
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.
52.1171 Classification of regions.
52.1172 Approval status.

[[Page 6]]

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 Control strategy: Lead (Pb).
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.
52.1238 Control strategy: Lead (Pb).
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 Control strategy: Ozone.
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.
52.1397 Original identification of plan.

[[Page 7]]

52.1398 Control strategy: Sulfur dioxide.

                           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 [Reserved]
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]]

52.1628-52.1633 [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.
52.1773-52.1774 [Reserved]
52.1775 Rules and regulations.
52.1776-52.1777 [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.
52.1889 Small business stationary source technical and environmental 
          compliance assistance program.
52.1890-52.1891 [Reserved]
52.1892 Determination of attainment.
52.1893 Control strategy: Lead (Pb).
52.1894 Original Identification of plan section.

[[Page 9]]

                           Subpart LL_Oklahoma

52.1919 [Reserved]
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]

    Editorial Note: Nomenclature changes to part 52 appear at 81 FR 
74586, Oct. 26, 2016.



                             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 (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

[[Page 10]]

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

                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                                      EPA Approval Date EPA
         State citation            Title/Subject         State          approval date and         Explanations
                                                    effective date         citation \1\
----------------------------------------------------------------------------------------------------------------
Chapter 1......................  Regulations for         5/20/1985  3/23/1993, 58 FR 15422     Portions of
                                  the Processing                                                Chapter 1. EPA
                                  of 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......       5/22/2016  8/1/2016, 81 FR 50357
Chapter 101....................  Visible Emissions      10/10/1979  2/17/1982, 47 FR 6829
Chapter 102....................  Open Burning.....       3/17/2005  2/21/2008, 73 FR 9459
Chapter 103....................  Fuel Burning            1/24/1983  2/26/1985, 50 FR 7770
                                  Equipment
                                  Particular
                                  Emission
                                  Standard.
Chapter 104....................  Incinerator             1/31/1972  5/31/1972, 37 FR 10842
                                  Particulate
                                  Emission
                                  Standard.
Chapter 105....................  General Process         1/31/1972  5/31/1972, 37 FR 10842
                                  Source
                                  Particulate
                                  Emission
                                  Standard.
Chapter 106....................  Low Sulfur Fuel          2/8/1978  1/8/1982, 47 FR 947
                                  Regulations.
Chapter 107....................  Sulfur Dioxide          1/31/1972  5/31/1972, 37 FR 10842
                                  Emission
                                  Standards for
                                  Sulfate Pulp
                                  Mills.
Chapter 109....................  Emergency Episode       8/14/1991  1/12/1995, 60 FR 2885
                                  Regulation.
Chapter 110....................  Ambient Air              8/6/2012  6/24/2014, 79 FR 35698
                                  Quality
                                  Standards.
Chapter 111....................  Petroleum Liquid        9/29/1999  11/5/2014, 79 FR 65589
                                  Storage Vapor
                                  Control.
Chapter 112....................  Bulk Terminal           2/22/1998  11/5/2014, 79 FR 65589
                                  Petroleum Liquid
                                  Transfer
                                  Requirements.
Chapter 113....................  Growth Offset           6/22/1994  2/14/1996, 61 FR 5690
                                  Regulation.
Chapter 114....................  Classification of       8/29/2012  6/24/2014, 79 FR 35698
                                  Air Quality
                                  Control Regions.
Chapter 115....................  Emission License        11/6/2012  8/1/2016, 81 FR 50357
                                  Regulation.
Chapter 116....................  Prohibited             10/25/1989  3/23/1993, 58 FR 15422
                                  Dispersion
                                  Techniques.
Chapter 117....................  Source                   8/9/1988  3/21/1989, 54 FR 11524
                                  Surveillance.

[[Page 11]]

 
Chapter 118....................  Gasoline                7/19/1995  10/15/1996, 61 FR 53636
                                  Dispensing
                                  Facilities.
Chapter 119....................  Motor Vehicle            6/1/2000  3/6/2002, 67 FR 10099      Controls fuel
                                  Fuel Volatility                                               volatility in
                                  Limit.                                                        the state. 7.8
                                                                                                psi RVP fuel
                                                                                                required in 7
                                                                                                southern
                                                                                                counties.
Chapter 120....................  Gasoline Tank           6/22/1994  6/29/1995, 60 FR 33730
                                  Trucks.
Chapter 123....................  Control of              5/18/2010  5/22/2012, 77 FR 30216.
                                  Volatile Organic
                                  Compounds from
                                  Paper, Film, and
                                  Foil Coating
                                  Operations.
Chapter 126....................  Capture                 5/22/1991  3/22/1993, 58 FR 15281
                                  Efficiency Test
                                  Procedures.
Chapter 126 Appendix A.........  Capture                 5/22/1991  3/22/1993, 58 FR 15281     Appendix.
                                  Efficiency Test
                                  Procedures.
Chapter 127 and Appendix A.....  New Motor Vehicle      12/31/2000  4/28/2005, 70 FR 21959     Including
                                  Emission                                                      Appendix A. Low
                                  Standards.                                                    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          7/7/2015  5/26/2016, 81 FR 33397     Added
                                  Facilities.                                                   requirements for
                                                                                                metal parts and
                                                                                                plastic parts
                                                                                                coating
                                                                                                operations.
Chapter 129 Appendix A.........  Surface Coating          1/6/1993  6/17/1994, 59 FR 31154     Appendix.
                                  Facilities.
Chapter 130....................  Solvent Cleaners.       6/17/2004  5/26/2005, 70 FR 30367
Chapter 131....................  Cutback Asphalt         9/15/2009  5/22/2012, 77 FR 30216.
                                  and Emulsified
                                  Asphalt.
Chapter 132....................  Graphic Arts:            1/6/1993  6/17/1994, 59 FR 31154
                                  Rotogravure and
                                  Flexography.
Chapter 132 Appendix A.........  Graphic Arts:            1/6/1993  6/17/1994, 59 FR 31154     Appendix.
                                  Rotogravure and
                                  Flexography.
Chapter 133....................  Gasoline Bulk           6/22/1994  6/29/1995, 60 FR 33730
                                  Plants.
Chapter 134....................  Reasonably               2/8/1995  4/18/2000, 65 FR 20749     Regulations fully
                                  Available                                                     approved for the
                                  Control                                                       following
                                  Technology for                                                counties: York,
                                  Facilities that                                               Sagadahoc,
                                  Emit Volatile                                                 Cumberland,
                                  Organic                                                       Androscoggin,
                                  Compounds.                                                    Kennebec, Knox,
                                                                                                Lincoln,
                                                                                                Hancock, Waldo,
                                                                                                Aroostock,
                                                                                                Franklin,
                                                                                                Oxford, and
                                                                                                Piscataquis.
                                                                                                Regulation
                                                                                                granted a
                                                                                                limited approval
                                                                                                for Washington,
                                                                                                Somerset, and
                                                                                                Penobscot
                                                                                                Counties.
Chapter 137....................  Emission                11/8/2008  5/1/2017, 82 FR 20257      The entire
                                  Statements.                                                   chapter is
                                                                                                approved with
                                                                                                the exception of
                                                                                                HAP and
                                                                                                greenhouse gas
                                                                                                reporting
                                                                                                requirements
                                                                                                which were
                                                                                                withdrawn from
                                                                                                the State's SIP
                                                                                                revision:
                                                                                                Sections 1(C),
                                                                                                (E), and (F);
                                                                                                Definitions 2(A)
                                                                                                through (F) and
                                                                                                (I); Sections
                                                                                                3(B) and (C);
                                                                                                the last
                                                                                                sentence of
                                                                                                Section 4(D)(5);
                                                                                                and Appendix A
                                                                                                and B.
Chapter 138....................  Reasonably               8/3/1994  9/9/2002, 67 FR 57148      Affects sources
                                  Available                                                     in York,
                                  Control                                                       Cumberland,
                                  Technology for                                                Sagadahoc,
                                  Facilities that                                               Androscoggin,
                                  Emit Nitrogen                                                 Kennebec,
                                  Oxides.                                                       Lincoln, and
                                                                                                Knox counties.
Chapter 139....................  Transportation          9/19/2007  2/8/2008, 73 FR 7465
                                  Conformity.
Chapter 145....................  NOX Control             6/21/2001  3/10/2005, 70 FR 11879
                                  Program.
Chapter 148....................  Emissions from          7/15/2004  5/26/2005, 70 FR 30373
                                  Smaller-Scale
                                  Electric
                                  Generating
                                  Resources.

[[Page 12]]

 
Chapter 149....................  General Permit          4/27/2014  10/9/2015, 80 FR 61118     All of Chapter
                                  Regulation for                                                149 is approved
                                  Nonmetallic                                                   with the
                                  Mineral                                                       exception of the
                                  Processing                                                    ``director
                                  Plants.                                                       discretion''
                                                                                                provisions in
                                                                                                sections
                                                                                                5(A)(8),
                                                                                                5(A)(9)(a), and
                                                                                                5(A)(9)(b), and
                                                                                                the opacity
                                                                                                provisions in
                                                                                                sections
                                                                                                5(A)(15),
                                                                                                5(C)(7), and
                                                                                                5(E), which were
                                                                                                formally
                                                                                                withdrawn from
                                                                                                consideration as
                                                                                                part of the SIP.
Chapter 150....................  Control of              4/11/2010  4/24/2012, 77 FR 24385
                                  Emissions from
                                  Outdoor Wood
                                  Boilers.
Chapter 151....................  Architectural and       10/6/2005  3/17/2006, 71 FR 13767
                                  Industrial
                                  Maintenance
                                  (AIM) Coatings.
Chapter 152....................  Control of             12/15/2007  5/22/2012, 77 FR 30216.
                                  Volatile Organic
                                  Compounds from
                                  Consumer
                                  Products.
Chapter 153....................  Mobile Equipment         2/5/2004  5/26/2005, 70 FR 30367
                                  Repair and
                                  Refinishing.
Chapter 154....................  Control of              7/20/2010  11/5/2014, 79 FR 65589
                                  Volatile Organic
                                  Compounds from
                                  Flexible Package
                                  Printing.
Chapter 155....................  Portable Fuel           7/14/2004  2/7/2005, 70 FR 6352       With the
                                  Container                                                     exception of the
                                  Spillage Control.                                             word ``or'' in
                                                                                                Subsection 7C
                                                                                                which Maine did
                                                                                                not submit as
                                                                                                part of the SIP
                                                                                                revision.
Chapter 159....................  Control of               6/2/2014  11/5/2014, 79 FR 65589
                                  Volatile Organic
                                  Compounds from
                                  Adhesives and
                                  Sealants.
Chapter 161....................  Graphic Arts--           4/6/2010  5/22/2012, 77 FR 30216.
                                  Offset
                                  Lithography and
                                  Letterpress
                                  Printing.
Chapter 162....................  Fiberglass Boat         7/30/2013  5/26/2016, 81 FR 33397
                                  Manufacturing
                                  Materials.
Chapter 164....................  General Permit          4/27/2014  10/9/2015, 80 FR 61118     All of Chapter
                                  Regulation for                                                164 is approved
                                  Concrete Batch                                                with the
                                  Plants.                                                       exception of the
                                                                                                ``director
                                                                                                discretion''
                                                                                                provisions in
                                                                                                sections
                                                                                                5(C)(2),
                                                                                                5(C)(3)(a), and
                                                                                                5(C)(3)(b), and
                                                                                                the opacity
                                                                                                provisions in
                                                                                                sections
                                                                                                5(A)(10),
                                                                                                5(B)(3),
                                                                                                5(B)(4), 5(E),
                                                                                                5(F)(5) and
                                                                                                5(G)(4), which
                                                                                                were formally
                                                                                                withdrawn from
                                                                                                consideration as
                                                                                                part of the SIP.
Vehicle I/M....................  Vehicle                  7/9/1998  1/10/2001, 66 FR 1871      ``Maine Motor
                                  Inspection and                                                Vehicle
                                  Maintenance.                                                  Inspection
                                                                                                Manual,''
                                                                                                revised in 1998,
                                                                                                pages 1-12
                                                                                                through 1-14,
                                                                                                and page 2-14,
                                                                                                D.1.g.
Vehicle I/M....................  Vehicle                  7/9/1998  1/10/2001, 66 FR 1871      Maine Motor
                                  Inspection and                                                Vehicle
                                  Maintenance.                                                  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.''

[[Page 13]]

 
38 MRSA Sec. 603-A sub Sec. ``An Act To             9/12/2009  4/24/2012, 77 FR 24385     Only approving
 2(A).                            Improve Maine's                                               Sec. 1. 38 MRSA
                                  Air Quality and                                               Sec. 603-A,
                                  Reduce Regional                                               sub-Sec. 2,
                                  Haze at Acadia                                                (2)
                                  National Park                                                 Prohibitions.
                                  and Other
                                  Federally
                                  Designated Class
                                  I Areas''.
----------------------------------------------------------------------------------------------------------------
\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 Maine Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source             Permit number    effective date    EPA approval date \2\      Explanations
----------------------------------------------------------------------------------------------------------------
Central Maine Power, W.F. Wyman  Department Finding        1/1/1977  1/8/1982, 47 FR 947
 Station, Cousins Island,         of Fact and Order
 Yarmouth, Maine.                 Air Emission
                                  License.
Lincoln Pulp and Paper Company,  Air Emission              3/9/1983  5/1/1985, 50 FR 18483
 Kraft Pulp Mill, (Lincoln,       License Renewal;
 Maine).                          and New License
                                  for No. 6 Boiler.
JJ Nissen Baking Company,        Air Emission             2/27/1997  4/18/2000, 65 FR 20749    VOC RACT
 Cumberland County, Portland      License A-440-74-                                             Determination
 Maine.                           C-A.                                                          issued by Maine
                                                                                                Department of
                                                                                                Environmental
                                                                                                Protection (ME
                                                                                                DEP) on February
                                                                                                25, 1997.
Prime Tanning Company, York      Air Emission             3/23/1997  4/18/2000, 65 FR 20749    VOC RACT
 County, Berwick, Maine.          License Amendment                                             Determination
                                  5 A-376-72-E-A.                                              issued by ME DEP
                                                                                                on July 23,
                                                                                                1997.
Prime Tanning Company, York      Air Emission            10/28/1997  4/18/2000, 65 FR 20749    VOC RACT
 County, Berwick, Maine.          License Amendment                                             Determination
                                  6 A-376-72-F-M.                                              issued by ME DEP
                                                                                                on October 27,
                                                                                                1997.
Portsmouth Naval Shipyard, York  Air Emission             7/25/1997  4/18/2000, 65 FR 20749    VOC RACT
 County, Kittery, Maine.          License Amendment                                             Determination
                                  4 A-452-71-F-M.                                              issued by ME DEP
                                                                                                on July 25,
                                                                                                1997.
Dexter Shoe Company, Penobscot   Air Emission             12/5/1996  4/18/2000, 65 FR 20749    VOC RACT
 County, Dexter, Maine.           License A-175-72-                                             Determination
                                  H-A/R.                                                        issued by ME DEP
                                                                                                on December 5,
                                                                                                1996.
Dexter Shoe Company, Penobscot   Air Emission            10/22/1997  4/18/2000, 65 FR 20749    VOC RACT
 County, Dexter, Maine.           License Amendment                                             Determination
                                  1 A-175-71-I-M.                                              issued by ME DEP
                                                                                                on October 20,
                                                                                                1997.
Pioneer Plastics Corporation,    Air Emission             6/16/1997  4/18/2000, 65 FR 20749    VOC RACT
 Androscoggin County, Auburn,     License Amendment                                             Determination
 Maine.                           3 A-448-71-P-A.                                              issued by ME DEP
                                                                                                on June 16,
                                                                                                1997.
Georgia Pacific Corporation,     Air Emission              1/5/1996  4/18/2000, 65 FR 20749    VOC RACT
 Washington County, Woodland,     License Minor                                                 Determination
 Maine.                           Revision/                                                     issued by ME DEP
                                  Amendment 10 A-                                              on January 4,
                                  215-71-T-M.                                                   1996.
Champion International           Air Emission             1/19/1996  4/18/2000, 65 FR 20749    VOC RACT
 Corporation, Hancock County,     License Amendment                                             Determination
 Bucksport, Maine.                5 A-22-71-K-A.                                               issued by ME DEP
                                                                                                on January 18,
                                                                                                1996.
International Paper Company,     Air Emission             10/4/1995  4/18/2000, 65 FR 20749    VOC RACT
 Franklin County, Jay, Maine.     License Amendment                                             Determination
                                  8 A-203-71-R-A.                                              issued by ME DEP
                                                                                                on October 4,
                                                                                                1995.
International Paper Company,     Air Emission            12/13/1995  4/18/2000, 65 FR 20749    VOC RACT
 Franklin County, Jay, Maine.     License Amendment                                             Determination
                                  9 A-203-71-S-M.                                              issued by ME DEP
                                                                                                on December 13,
                                                                                                1995.
James River Corporation,         Air Emission            12/11/1995  4/18/2000, 65 FR 20749    VOC RACT
 Penobscot County, Old Town,      License Minor                                                 Determination
 Maine.                           Revision/                                                     issued by ME DEP
                                  Amendment 6 A-                                               on December 8,
                                  180-71-R-M.                                                   1995.
Lincoln Pulp and Paper Company,  Air Emission            12/19/1995  4/18/2000, 65 FR 20749    VOC RACT
 Penobscot County, Lincoln,       License Amendment                                             Determination
 Maine.                           8 A-177-71-J-M.                                              issued by ME DEP
                                                                                                on December 18,
                                                                                                1995.

[[Page 14]]

 
S.D. Warren Paper Company,       Air Emission            12/19/1995  4/18/2000, 65 FR 20749    VOC RACT
 Cumberland County, Westbrook,    License Minor                                                 Determination
 Maine.                           Revision/                                                     issued by ME DEP
                                  Amendment 14 A-                                              on December 18,
                                  29-71-Z-M.                                                    1995.
S.D. Warren Paper Company,       Air Emission             10/4/1995  4/18/2000, 65 FR 20749    VOC RACT
 Somerset County, Skowhegan,      License Amendment                                             Determination
 Maine.                           14 A-19-71-W-M.                                              issued by ME DEP
                                                                                                on October 4,
                                                                                                1995.
S.D. Warren Paper Company,       Air Emission             1/10/1996  4/18/2000, 65 FR 20749    VOC RACT
 Somerset County, Skowhegan,      License Amendment                                             Determination
 Maine.                           15 A-19-71-Y-M.                                              issued by ME DEP
                                                                                                on January 9,
                                                                                                1996.
Boise Cascade Corporation,       Air Emission            12/21/1995  4/18/2000, 65 FR 20749    VOC RACT
 Oxford County, Rumford, Maine.   License Amendment                                             Determination
                                  11 A-214-71-X-A.                                             issued by ME DEP
                                                                                                on December 20,
                                                                                                1995.
Bath Iron Works Corporation,     Departmental             4/11/2001  5/20/2002, 67 FR 35439    VOC RACT
 Sagadahoc County, Bath, Maine.   Finding of Fact                                               determination
                                  and Order Air                                                 for Bath Iron
                                  Emission License                                              Works.
                                  Amendment 10 A-
                                  333-71-M-M.
United Technologies Pratt &      Departmental             4/26/2001  5/20/2002, 67 FR 35439    VOC RACT
 Whitney, York County, North      Finding of Fact                                               determination
 Berwick, Maine.                  and Order Air                                                 for Pratt &
                                  Emission License                                              Whitney.
                                  Amendment 6 A-
                                  453-71-N-M.
United Technologies Pratt &      Departmental              7/2/2001  5/20/2002, 67 FR 35439    VOC RACT
 Whitney, York County, North      Finding of Fact                                               determination
 Berwick, Maine.                  and Order Air                                                 for Pratt &
                                  Emission License                                              Whitney.
                                  Amendment 7 A-
                                  453-71-O-M.
Moosehead Manufacturing          Departmental             5/10/2001  5/20/2002, 67 FR 35439    VOC RACT
 Company, Piscataquis County,     Finding of Fact                                               determination
 Dover-Foxcroft, Maine.           and Order Air                                                 for Moosehead
                                  Emission License                                              Manufacturing's
                                  Amendment 2 A-                                               Dover-Foxcroft
                                  338-71-F-M.                                                   plant.
Moosehead Manufacturing          Departmental             5/10/2001  5/20/2002, 67 FR 35439    VOC RACT
 Company, Piscataquis County,     Finding of Fact                                               determination
 Monson, Maine.                   and Order Air                                                 for Moosehead
                                  Emission License                                              Manufacturing's
                                  Amendment 2 A-                                               Monson plant.
                                  339-71-F-M.
Central Maine Power Company,     Departmental             5/18/1995  9/9/2002, 67 FR 57148     Case-specific NOX
 W.F. Wyman Station, Cumberland   Finding of Fact                                               RACT. Air
 County, Yarmouth, Maine.         and Order Air                                                 emission license
                                  Emission License                                              A-388-71-C-A,
                                  Amendment 1 A-                                               Amendment 1,
                                  388-71-C-A.                                                   condition (q)
                                                                                                for FPL Energy's
                                                                                                (formerly
                                                                                                Central Maine
                                                                                                Power) W.F.
                                                                                                Wyman Station.
Central Maine Power Company,     Departmental             2/16/1996  9/9/2002, 67 FR 57148     Case-specific NOX
 W.F. Wyman Station, Cumberland   Finding of Fact                                               RACT. Air
 County, Yarmouth, Maine.         and Order Air                                                 emission license
                                  Emission License                                              A-388-71-D-M,
                                  Amendment 1 A-                                               amendment 1,
                                  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             6/12/1996  9/9/2002, 67 FR 57148     Case-specific NOX
 Kennebec County, Augusta,        Finding of Fact                                               RACT. Air
 Maine.                           and Order Air                                                 emission license
                                  Emission License                                              A-195-71-G-M,
                                  Amendment 1 A-                                               Amendment 1,
                                  195-71-G-M.                                                   for Tree Free
                                                                                                Fiber Company,
                                                                                                LLC, (formerly
                                                                                                Statler
                                                                                                Industries
                                                                                                Inc.).
Tree Free Fiber Company, LLC,    Departmental             6/16/1995  9/9/2002, 67 FR 57148     Case-specific NOX
 Kennebec County, Augusta,        Finding of Fact                                               RACT. Air
 Maine.                           and Order Air                                                 emission license
                                  Emission License                                              A-195-71-D-A/R,
                                  Amendment 1 A-                                               section (II)(D),
                                  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.).

[[Page 15]]

 
Pioneer Plastics Corporation,    Departmental             8/23/1995  9/9/2002, 67 FR 57148     Case-specific NOX
 Androscoggin County, Auburn,     Finding of Fact                                               RACT. Air
 Maine.                           and Order Air                                                 emission license
                                  Emission License                                              A-448-72-K-A/R,
                                  A-448-72-K-A/R.                                               paragraphs
                                                                                                (II)(D)(2),
                                                                                                (II)(D)(3) and
                                                                                                conditions
                                                                                                (13)(f) and
                                                                                                14(k) for
                                                                                                Pioneer Plastics
                                                                                                Corporation.
Pioneer Plastics Corporation,    Departmental             3/10/1997  9/9/2002, 67 FR 57148     Case-specific NOX
 Androscoggin County, Auburn,     Finding of Fact                                               RACT. Air
 Maine.                           and Order Air                                                 emission license
                                  Emission License                                              A-448-71-O-M,
                                  Amendment 2 A-                                               Amendment 2,
                                  448-71-O-M.                                                   condition
                                                                                                (14)(k), for
                                                                                                Pioneer Plastics
                                                                                                Corporation.
Scott Paper Company, Kennebec    Departmental            11/15/1995  9/9/2002, 67 FR 57148     Case-specific NOX
 County, Winslow, Maine.          Finding of Fact                                               RACT. Air
                                  and Order Air                                                 emission license
                                  Emission License                                              A-188-72-E-A,
                                  Amendment 2 A-                                               Amendment 2,
                                  188-72-E-A.                                                   conditions 8,
                                                                                                paragraph 1, and
                                                                                                9, paragraphs 1,
                                                                                                2 and 4, for
                                                                                                Scott Paper
                                                                                                Company.
The Chinet Company, Kennebec     Departmental             1/18/1996  9/9/2002, 67 FR 57148     Case-specific NOX
 County, Waterville, Maine.       Finding of Fact                                               RACT. Air
                                  and Order Air                                                 emission license
                                  Emission License                                              A-416-72-B-A,
                                  A-416-72-B-A.                                                 conditions (l)
                                                                                                1, 2, 3a, 3b,
                                                                                                3c, 3e, and (m)
                                                                                                for The Chinet
                                                                                                Company.
FMC Corporation-Food             Departmental              2/7/1996  9/9/2002, 67 FR 57148     Case-specific NOX
 Ingredients Division, Knox       Finding of Fact                                               RACT. Air
 County, Rockland, Maine.         and Order Air                                                 emission license
                                  Emission License                                              A-366-72-H-A,
                                  Amendment 5 A-                                               Amendment 5,
                                  366-72-H-A.                                                   conditions 3, 4,
                                                                                                5, 7, 9, 11, 12,
                                                                                                15, 16, and 18
                                                                                                for FMC
                                                                                                Corporation-Food
                                                                                                Ingredients
                                                                                                Division.
Dragon Products Company, Inc.,   Departmental              6/5/1996  9/9/2002, 67 FR 57148     Case-specific NOX
 Knox County, Thomaston, Maine.   Finding of Fact                                               RACT.
                                  and Order Air
                                  Emission License
                                  Amendment 5 A-
                                  326-72-N-A.
Dragon Products Company, Inc.,   Departmental              3/5/1997  9/9/2002, 67 FR 57148     Case-specific NOX
 Knox County, Thomaston, Maine.   Finding of Fact                                               RACT.
                                  and Order Air
                                  Emission License
                                  Amendment 7 A-
                                  326-71-P-M.
S.D. Warren Paper Company,       Departmental             6/12/1996  9/9/2002, 67 FR 57148     Case-specific NOX
 Cumberland County, Westbrook,    Finding of Fact                                               RACT. Air
 Maine.                           and Order Air                                                 emission license
                                  Emission License                                              A-29-71-Y-A,
                                  Amendment 13 A-                                              Amendment 13,
                                  29-71-Y-A.                                                    conditions (k)2,
                                                                                                (k)3, (q)8 and
                                                                                                (p) for S.D.
                                                                                                Warren Company.
Mid-Maine Waste Action           Departmental            10/16/1996  9/9/2002, 67 FR 57148     Case-specific NOX
 Corporation, Androscoggin        Finding of Fact                                               RACT.
 County, Auburn, Maine.           and Order Air
                                  Emission License
                                  Amendment 2 A-
                                  378-72-E-A.
Portsmouth Naval Shipyard, York  Departmental            10/21/1996  9/9/2002, 67 FR 57148     Case-specific NOX
 County, Kittery, Maine.          Finding of Fact                                               RACT. Air
                                  and Order Air                                                 emission license
                                  Emission License                                              A-452-71-D-A,
                                  Amendment 2 A-                                               Amendment 2,
                                  452-71-D-A.                                                   conditions 3, 4,
                                                                                                5, 7, 9, 11, 16,
                                                                                                17, 18, 19, and
                                                                                                20 for
                                                                                                Portsmouth Naval
                                                                                                Shipyard.

[[Page 16]]

 
Portsmouth Naval Shipyard, York  Departmental             7/25/1997  9/9/2002, 67 FR 57148     Case-specific NOX
 County, Kittery, Maine.          Finding of Fact                                               RACT. Air
                                  and Order Air                                                 emission license
                                  Emission License                                              A-452-71-F-M,
                                  Amendment 4 A-                                               Amendment 4,
                                  452-71-F-M.                                                   condition 4 for
                                                                                                Portsmouth Naval
                                                                                                Shipyard.
Maine Energy Recovery Company,   Departmental            11/12/1996  9/9/2002, 67 FR 57148     Case-specific NOX
 York County, Biddeford, Maine.   Finding of Fact                                               RACT.
                                  and Order Air
                                  Emission License
                                  Amendment 4 A-46-
                                  71-L-A.
Katahdin Paper Company.........  A-406-77-3-M......        7/8/2009  4/24/2012, 77 FR 24385    Approving license
                                                                                                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    A-388-77-2-M......       11/2/2010  4/24/2012, 77 FR 24385
 IV, LLC.
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.,          Amendment 2 of          3/19/2003  5/22/2012, 77 FR 30216
 Tatermeal Facility.              Air Emission
                                  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
----------------------------------------------------------------------------------------------------------------
                                    Applicable
  Name of non regulatory SIP      geographic or     State submittal
           provision              nonattainment      date/effective     EPA approved date \3\     Explanations
                                       area               date
----------------------------------------------------------------------------------------------------------------
Impact of Projected Growth for  Maine's Standard           6/26/1974  4/29/1975, 40 FR 18726
 Next 10 Years on Air Quality    Metropolitan
 for Maine Standard              Statistical
 Metropolitan Statistical        Areas.
 Areas.
Incinerator Emission Standard-- Maine............          5/21/1975  4/10/1978, 43 FR 14964    Revision to
 Regulation Implementation                                                                       incinerator
 Plan Change, Findings of Fact                                                                   particulate
 and Order.                                                                                      emission
                                                                                                 standard which
                                                                                                 would exempt
                                                                                                 wood waste cone
                                                                                                 burners from
                                                                                                 the plan until
                                                                                                 1980.
Incinerator Emission Standard-- Maine............          9/24/1975  4/10/1978, 43 FR 14964    Revision to
 Regulation and Implementation                                                                   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............          3/10/1978  3/23/1979, 44 FR 17674    Revision to
                                                                                                 Chapter 5 of
                                                                                                 the SIP.
New Sources and Modifications.  Maine............          3/10/1978  3/23/1979, 44 FR 17674    Revision to
                                                                                                 Chapter 6 of
                                                                                                 the SIP.
Review of New Sources and       Maine............         12/19/1979  1/30/1980, 45 FR 6784     Revision to
 Modifications.                                                                                  Chapter 6 of
                                                                                                 the SIP.
Revisions to State Air          Maine............          3/28/1979  2/19/1980, 45 FR 10766    Includes Control
 Implementation Plan as                                                                          Strategies for
 Required by the Federal Clean                                                                   Particulates,
 Air Act.                                                                                        Carbon
                                                                                                 Monoxide, and
                                                                                                 ozone.
Plan for Public Involvement in  Maine............          5/28/1980  9/9/1980, 45 FR 59314     A plan to
 Federally Funded Air                                                                            provide for
 Pollution Control Activities.                                                                   public
                                                                                                 involvement in
                                                                                                 federally
                                                                                                 funded air
                                                                                                 pollution
                                                                                                 control
                                                                                                 activities.

[[Page 17]]

 
Air Quality Surveillance......  Maine............           7/1/1980  1/22/1981, 46 FR 6941     Revision to
                                                                                                 Chapter 5 of
                                                                                                 the SIP.
Attain and Maintain the NAAQS   Maine............          11/5/1980  8/27/1981, 46 FR 43151    Control Strategy
 for Lead.                                                                                       for Lead.
                                                                                                 Revision to
                                                                                                 Chapter 2.5.
Establishment of Air Quality    Metropolitan              10/30/1975  1/8/1982, 47 FR 947       Department
 Control Sub-Region.             Portland Air                                                    Findings of
                                 Quality Control                                                 Fact and Order--
                                 Region.                                                         Sulfur Dioxide
                                                                                                 Control
                                                                                                 Strategy.
Sulfur Dioxide Control          Portland-                 10/30/1975  1/8/1982, 47 FR 947       Department
 Strategy--Low Sulfur Fuel       Peninsula Air                                                   Findings of
 Regulation.                     Quality Control                                                 Fact and Order--
                                 Region.                                                         Implementation
                                                                                                 Plan Revision.
Letter from the Maine DEP       Maine............           6/3/1991  2/3/1992, 57 FR 3046.
 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.
Withdrawal of Air Emission      Maine............          10/3/1990  2/3/1992, 57 FR 3046      Department of
 Licenses for: Pioneer                                                                           Environmental
 Plastics; Eastern Fine Paper;                                                                   Protection
 and S.D. Warren, Westbrook.                                                                     Letter dated
                                                                                                 December 5,
                                                                                                 1989,
                                                                                                 withdrawing
                                                                                                 three source-
                                                                                                 specific
                                                                                                 licenses as of
                                                                                                 October 3,
                                                                                                 1990.
Portions of Chapter 1 entitled  Maine............           2/8/1984  3/23/1993, 58 FR 15422.
 ``Regulations for the
 Processing of Applications''.
Review of New Sources and       Maine............          11/6/1989  3/23/1993, 58 FR 15422    Revision to
 Modifications.                                                                                  Chapter 6 of
                                                                                                 the SIP.
Letter from the Maine DEP       Maine............           5/1/1989  3/23/1993, 58 FR 15422.
 regarding implementation of
 BACT.
Review of New Sources and       Maine............          11/2/1990  3/18/1994, 59 FR 12853    Revision to
 Modifications.                                                                                  Chapter 6 of
                                                                                                 the SIP.
Joint Memorandum of             City of Presque            3/11/1991  1/12/1995, 60 FR 2885     Part B of the
 Understanding (MOU) Among:      Isle, Maine.                                                    MOU which the
 City of Presque Isle; ME DOT                                                                    Maine
 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      City of Presque            8/14/1991  1/12/1995, 60 FR 2885     An attainment
 Plan to Attain the NAAQS for    Isle, Maine.                                                    plan and
 Particulate Matter (PM10)                                                                       demonstration
 Presque Isle Maine.                                                                             which outlines
                                                                                                 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            5/25/1994  8/30/1995, 60 FR 45056    Revisions to
 among: City of Presque Isle;    Isle, Maine.                                                    Part B of the
 ME DOT and ME DEP.                                                                              MOU which the
                                                                                                 ME DEP entered
                                                                                                 into (and
                                                                                                 effective) on
                                                                                                 May 25, 1994,
                                                                                                 with the City
                                                                                                 of Presque
                                                                                                 Isle, and the
                                                                                                 ME DOT.
Maintenance Demonstration and   City of Presque            4/27/1994  8/30/1995, 60 FR 45056    A maintenance
 Contingency Plan for Presque    Isle, Maine.                                                    demonstration
 Isle.                                                                                           and contingency
                                                                                                 plan which
                                                                                                 outline Main's
                                                                                                 control
                                                                                                 strategy
                                                                                                 maintenance of
                                                                                                 the PM10 NAAQS
                                                                                                 and contingency
                                                                                                 measures and
                                                                                                 provision for
                                                                                                 Presque Isle.

[[Page 18]]

 
Letter from the Maine DEP       Maine............           7/7/1994  9/12/1995, 60 FR 47285    Letter from the
 dated July 7, 1994,                                                                             Maine
 submitting Small Business                                                                       Department of
 Technical Assistance Program.                                                                   Environmental
                                                                                                 Protection
                                                                                                 submitting a
                                                                                                 revision to the
                                                                                                 Maine SIP.
Revisions to the SIP for the    Maine Statewide..          5/12/1994  9/12/1995, 60 FR 47285    Revisions to the
 Small Business Stationary                                                                       SIP for the
 Source Technical and                                                                            Small Business
 Environmental Compliance                                                                        Stationary
 Assistance Program.                                                                             Source
                                                                                                 Technical and
                                                                                                 Environmental
                                                                                                 Compliance
                                                                                                 Assistance
                                                                                                 Program Dated
                                                                                                 July 12, 1994
                                                                                                 and effective
                                                                                                 on May 11,
                                                                                                 1994.
Corrected page number 124 of    Maine............          8/16/1994  9/12/1995, 60 FR 47285    Letter from ME
 the Small Business Stationary                                                                   DEP dated
 Source Technical and                                                                            August 16, 1994
 Environmental Compliance                                                                        submitting a
 Assistance Program SIP.                                                                         corrected page
                                                                                                 to the July 12,
                                                                                                 1994 SIP
                                                                                                 revision.
Negative Declaration for        Maine Statewide..         11/15/1994  4/18/2000, 65 FR 20749    Letter from ME
 Synthetic Organic Chemical                                                                      DEP dated
 Manufacturing Industry                                                                          November 15,
 Distillation and Reactors                                                                       1994 stating a
 Control Technique Guideline                                                                     negative
 Categories.                                                                                     declaration for
                                                                                                 the Synthetic
                                                                                                 Organic
                                                                                                 Chemical
                                                                                                 Manufacturing
                                                                                                 Industry
                                                                                                 Distillation
                                                                                                 and Reactors
                                                                                                 Control
                                                                                                 Technique
                                                                                                 Guideline
                                                                                                 Categories.
Letter from the Maine           Greater Portland          11/19/1998  1/10/2001, 66 FR 1875     Letter from the
 Department of Environmental     Metropolitan                                                    Maine
 Protection regarding Control    Statistical Area.                                               Department of
 of Motor Vehicle Pollution                                                                      Environmental
 (Inspection and Maintenance                                                                     Protection
 Program).                                                                                       dated November
                                                                                                 19, 1998
                                                                                                 submitting a
                                                                                                 revision to the
                                                                                                 Maine SIP.
State of Maine Implementation   Greater Portland          11/11/1998  1/10/2001, 66 FR 1875     Maine Motor
 Plan for Inspection/            Metropolitan                                                    Vehicle
 Maintenance dated November      Statistical Area.                                               Inspection and
 11, 1998.                                                                                       Maintenance
                                                                                                 Program.
Letter from the Maine DEP       Southern Maine...          5/29/2001  3/6/2002, 67 FR 10099     Letter from the
 submitting additional                                                                           Maine
 technical support and an                                                                        Department of
 enforcement plan for Chapter                                                                    Environmental
 119 as an amendment to the                                                                      Protection
 SIP.                                                                                            dated 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...          5/25/2001  3/6/2002, 67 FR 10099     Additional
 Federally-Preempted Gasoline                                                                    technical
 Standards.                                                                                      support.
Letter from the Maine DEP       Maine............           7/1/1997  9/9/2002, 67 FR 57148     Letter from the
 dated July 1, 1997,                                                                             Maine
 submitting case-specific NOX                                                                    Department of
 RACT determinations.                                                                            Environmental
                                                                                                 Protection
                                                                                                 submitting a
                                                                                                 revision to the
                                                                                                 Maine SIP.
Letter from the Maine DEP       Maine............          10/9/1997  9/9/2002, 67 FR 57148     Letter from the
 dated October 9, 1997,                                                                          Maine
 submitting case-specific NOX                                                                    Department of
 RACT determinations.                                                                            Environmental
                                                                                                 Protection
                                                                                                 submitting a
                                                                                                 revision to the
                                                                                                 Maine SIP.

[[Page 19]]

 
Letter from the Maine DEP       Maine............          8/14/1998  9/9/2002, 67 FR 57148     Letter from the
 dated August 14, 1998,                                                                          Maine
 submitting case-specific NOX                                                                    Department of
 RACT determinations.                                                                            Environmental
                                                                                                 Protection
                                                                                                 submitting a
                                                                                                 revision to the
                                                                                                 Maine SIP.
Chapter 127 Basis Statement...  Maine............         12/31/2000  4/28/2005, 70 FR 21959.
Correspondence from Maine DEP   Maine............           6/6/2006  11/21/2007, 72 FR 65462   Correspondence
 indicating which portions of                                                                    from David W.
 Chapter 137 should not be                                                                       Wright of the
 incorporated into the State's                                                                   Maine DEP
 SIP.                                                                                            indicating
                                                                                                 which portions
                                                                                                 of Chapter 137
                                                                                                 Emission
                                                                                                 Statements
                                                                                                 should not be
                                                                                                 incorporated
                                                                                                 into the
                                                                                                 State's SIP.
State of Maine MAPA 1 form for  Maine                      9/10/2007  02/08/2008, 73 FR 7465    Certification
 Chapter 139 Transportation      nonattainment                                                   that the
 Conformity.                     areas, and                                                      Attorney
                                 attainment areas                                                General
                                 with a                                                          approved the
                                 maintenance plan.                                               Rule as to form
                                                                                                 and legality.
Amendment to Chapter 141        Maine                      4/19/2007  2/20/2008, 73 FR 9203     Maine Department
 Conformity of General Federal   nonattainment                                                   of
 Actions.                        areas, and                                                      Environmental
                                 attainment areas                                                Protection
                                 with a                                                          amended its
                                 maintenance plan.                                               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.
State of Maine MAPA 1 form for  Maine............           1/3/2003  02/21/2008, 73 FR 9459    Certification
 Chapter 102 Open Burning                                                                        that the
 Regulation.                                                                                     Attorney
                                                                                                 General
                                                                                                 approved the
                                                                                                 Rule as to form
                                                                                                 and legality.
Submittal to meet Clean Air     State of Maine...           1/3/2008  7/8/2011, 76 FR 40258     This action
 Act Section 110(a)(2)                                                                           addresses the
 Infrastructure Requirements                                                                     following Clean
 for the 1997 8-Hour Ozone                                                                       Air Act
 National Ambient Air Quality                                                                    requirements:
 Standard.                                                                                       110(a)(2)(A),
                                                                                                 (B), (C),
                                                                                                 (D)(ii), (E),
                                                                                                 (F), (G), (H),
                                                                                                 (J), (K), (L),
                                                                                                 and (M).
Maine Regional Haze SIP and     Statewide........          12/9/2010  4/24/2012, 77 FR 24385
 its supplements.                                        supplements
                                                           submitted
                                                           9/14/2011
                                                           11/9/2011
Reasonably Available Control    Statewide........          Submitted  5/22/2012, 77 FR 30216.
 Technology Demonstration                                  8/27/2009
 (RACT) for the 1997 8-hour
 Ozone National Ambient Air
 Quality Standard.
Submittal to meet Section       Statewide........         9/10/2008;  10/16/2012, 77 FR 63228   This submittal
 110(a)(2) Infrastructure                                 supplement                             is approved
 Requirements for the 1997                                 submitted                             with respect to
 PM2.5 NAAQS.                                               6/1/2011                             the 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).

[[Page 20]]

 
Submittal to meet Section       Statewide........         7/27/2009;  10/16/2012, 77 FR 63228   This submittal
 110(a)(2) Infrastructure                                 supplement                             is approved
 Requirements for the 2006                                 submitted                             with respect to
 PM2.5 NAAQS.                                               6/1/2011                             the 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).
Negative Declarations for       Maine Statewide..          4/23/2013  5/26/2016, 81 FR 33397
 Large Appliance Coatings and
 Automobile and Light-Duty
 Truck Assembly Coatings
 Control Technique Guidelines.
Transport SIP for the 2008      Statewide........          Submitted  10/13/2016, 81 FR 70632   State submitted
 Ozone Standard.                                          10/26/2015                             a transport SIP
                                                                                                 for the 2008
                                                                                                 ozone standard
                                                                                                 which shows it
                                                                                                 does not
                                                                                                 significantly
                                                                                                 contribute to
                                                                                                 ozone
                                                                                                 nonattainment
                                                                                                 or maintenance
                                                                                                 in any other
                                                                                                 state. EPA
                                                                                                 approved this
                                                                                                 submittal as
                                                                                                 meeting the
                                                                                                 requirements of
                                                                                                 Clean Air Act
                                                                                                 Section
                                                                                                 110(a)(2)(D)(i)
                                                                                                 (I).
Transport SIP for the 1997      Statewide........          Submitted  4/10/2017, 82 FR 17124    State submitted
 Ozone Standard.                                           4/24/2008                             a transport SIP
                                                                                                 for the 1997
                                                                                                 ozone standards
                                                                                                 which shows it
                                                                                                 does not
                                                                                                 significantly
                                                                                                 contribute to
                                                                                                 ozone
                                                                                                 nonattainment
                                                                                                 or maintenance
                                                                                                 in any other
                                                                                                 state. EPA
                                                                                                 approved this
                                                                                                 submittal as
                                                                                                 meeting the
                                                                                                 requirements of
                                                                                                 Clean Air Act
                                                                                                 Section
                                                                                                 110(a)(2)(D)(i)
                                                                                                 (I).
----------------------------------------------------------------------------------------------------------------
\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; 79 FR 35698, June 24, 2014; 79 FR 
65589, Nov. 5, 2014; 80 FR 61118, Oct. 9, 2015; 80 FR 73122, Nov. 24, 
2015; 81 FR 33397, May 26, 2016; 81 FR 50357, Aug. 1, 2016; 81 FR 70632, 
Oct. 13, 2016; 82 FR 17126, Apr. 10, 2017; 82 FR 20259, May 1, 2017]



Sec. 52.1021  Classification of regions.

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

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


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

[[Page 21]]



Sec. 52.1022  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Maine's plan, as identified in Sec. 52.1020, for the 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act.
    (b)(1) Insofar as the Prevention of Significant Deterioration (PSD) 
provisions found in this subpart apply to stationary sources of 
greenhouse gas (GHGs) emissions, the Administrator approves that 
application only to the extent that GHGs are ``subject to regulation'', 
as provided in this paragraph (b), and the Administrator takes no action 
on that application to the extent that GHGs are not ``subject to 
regulation.''
    (2) Beginning January 2, 2011, the pollutant GHGs is subject to 
regulation if:
    (i) The stationary source is a new major stationary source for a 
regulated NSR pollutant that is not GHGs, and also will emit or will 
have the potential to emit 75,000 tpy CO2e or more; or
    (ii) The stationary source is an existing major stationary source 
for a regulated NSR pollutant that is not GHGs, and also will have an 
emissions increase of a regulated NSR pollutant, and an emissions 
increase of 75,000 tpy CO2e or more; and,
    (3) Beginning July 1, 2011, in addition to the provisions in 
paragraph (b)(2) of this section, the pollutant GHGs shall also be 
subject to regulation:
    (i) At a new stationary source that will emit or have the potential 
to emit 100,000 tpy CO2e; or
    (ii) At an existing stationary source that emits or has the 
potential to emit 100,000 tpy CO2e, when such stationary 
source undertakes a physical change or change in the method of operation 
that will result in an emissions increase of 75,000 tpy CO2e 
or more.
    (4) For purposes of this paragraph (b)--
    (i) The term greenhouse gas shall mean the air pollutant defined in 
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: 
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 
perfluorocarbons, and sulfur hexafluoride.
    (ii) The term tpy CO2 equivalent emissions 
(CO2e) shall represent an amount of GHGs emitted, and shall 
be computed as follows:
    (A) Multiplying the mass amount of emissions (tpy), for each of the 
six greenhouse gases in the pollutant GHGs, by the gas's associated 
global warming potential published at Table A-1 to subpart A of 40 CFR 
part 98--Global Warming Potentials.
    (B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this 
section for each gas to compute a tpy CO2e.
    (iii) the term emissions increase shall mean that both a significant 
emissions increase (as calculated using the procedures in 06-096 1. of 
Chapter 100 of Maine's Bureau of Air Quality Control regulations) and a 
significant net emissions increase (as defined in 06-096, paragraphs 89 
and 144 A of Chapter 100 of Maine's Bureau of Air Quality Control 
regulations) occur. For the pollutant GHGs, an emissions increase shall 
be based on tpy CO2e, and shall be calculated assuming the 
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is 
defined as 75,000 tpy CO2e instead of applying the value in 
06-096, paragraphs 143 and 144 D of Chapter 100 of Maine's Bureau of Air 
Quality Control regulations.

[75 FR 82555, Dec. 30, 2010]



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

[[Page 22]]

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

[[Page 23]]

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.
    (j) Approval. EPA is approving an exemption request from the 
nitrogen oxides (NOx) requirements contained in Section 182(f) of the 
Clean Air Act for the entire state of Maine for purposes of the 2008 
ozone National Ambient Air Quality Standard. The exemption request was 
submitted by the Maine Department of Environmental Protection on October 
13, 2012. This approval exempts, for purposes of the 2008 ozone 
standard, major sources of nitrogen oxides in Maine from:
    (1) The requirement to implement controls meeting reasonably 
available control technology (RACT) for NOX; and
    (2) Nonattainment area new source review requirements for major new 
and modified sources as they apply to emissions of NOX.

[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; 79 FR 43955, July 29, 2014]



Sec. 52.1024  Attainment dates for national standards.

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

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


[60 FR 33352, June 28, 1995]

[[Page 24]]



Sec. 52.1025  Control strategy: Particulate matter.

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

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

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

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



Sec. 52.1026  Review of new sources and modifications.

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

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



Sec. 52.1027  Rules and regulations.

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

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



Sec. 52.1028  [Reserved]



Sec. 52.1029  Significant deterioration of air quality.

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

[45 FR 6786, Jan. 30, 1980]



Sec. 52.1030  Control strategy: Sulfur oxides.

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

[47 FR 948, Jan. 8, 1982]



Sec. 52.1031  EPA-approved Maine regulations.

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

[[Page 25]]

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

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

[[Page 26]]

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

[[Page 27]]

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

[[Page 28]]

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

[[Page 29]]

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

[[Page 30]]

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


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

[50 FR 3336, Jan. 24, 1985]

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



Sec. 52.1033  Visibility protection.

    (a)-(c) [Reserved]

[52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993; 
82 FR 3129, Jan. 10, 2017]



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]

[[Page 31]]



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

    Maine must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1036  Emission inventories.

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

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



Sec. 52.1037  Original identification of plan section.

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

[[Page 32]]

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

[[Page 33]]

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

[[Page 34]]

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

[[Page 35]]

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

[[Page 36]]

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

[[Page 37]]

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

[[Page 38]]

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

[[Page 39]]

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

[[Page 40]]

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

[[Page 41]]

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

[[Page 42]]

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

[37 FR 10870, May 31, 1972]

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



                           Subpart V_Maryland



Sec. 52.1070  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Maryland under section 110 of the Clean Air Act, 
42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality 
standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to July 1, 
2016, 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. 
Entries in paragraphs (c) and (d) of this section with the EPA approval 
dates after July 1, 2016 for the State of Maryland, have been approved 
by EPA for inclusion in the state implementation plan and for 
incorporation by reference into the plan as it is contained in this 
section, and will be considered by the Director of the Federal Register 
for approval in the next update to the SIP compilation.
    (2) EPA Region III certifies that the following materials provided 
by EPA at the addresses in paragraph (b)(3) of this section are an exact 
duplicate of the officially promulgated state rules/regulations which 
have been approved as part of the state implementation plan as of the 
dates referenced in paragraph (b)(1) of this section.
    (3) Copies of the materials incorporated by reference into the state 
implementation plan may be inspected at the Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
To obtain the material, please call the Regional Office at (215) 814-
3376. You may also inspect the material with an EPA approval date prior 
to July 1, 2016 for the State of Maryland at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, go to: http://www.archives.gov/federal-register/
cfr/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...........  5/17/2010         11/7/2016, 81 FR 78051  New definition for
                                                                                            COMs and clarify
                                                                                            definition for CEMs.
26.11.01.02............  Relationship of         8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(1).
                          Provisions in this
                          Subtitle.
26.11.01.03............  Delineation of Areas..  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(1).
26.11.01.04............  Testing and Monitoring  3/5/2012          1/25/2013, 78 FR 5290   Amended section 04C.

[[Page 43]]

 
26.11.01.05............  Records and             5/17/2010         11/7/2016, 81 FR 78051  (c)(172)
                          Information.                                                      Administrative
                                                                                            changes to reporting
                                                                                            and recordkeeping
                                                                                            requirements.
26.11.01.05-1..........  Emission Statements...  12/7/1992         10/12/1994, 59 FR       (c)(109).
                                                                    51517
26.11.01.06............  Circumvention.........  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(1).
26.11.01.07............  Malfunctions and Other  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(1).
                          Temporary Increases
                          in Emissions.
26.11.01.08............  Determination of        8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(5).
                          Ground Level
                          Concentrations--Accep
                          table Techniques.
26.11.01.09............  Vapor Pressure of       8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(5)
                          Gasoline.
26.11.01.10............  Continuous Opacity      8/22/2010         11/7/2016, 81 FR 78051  (c)(106) Requirement
                          Monitoring.                                                       to use TM 90-01 is
                                                                                            removed. Exceptions:
                                                                                            A(4), B(4), D(2)(c),
                                                                                            and F.
26.11.01.11............  Continuous Emissions    8/22/2010         11/7/2016, 81 FR 78051
                          Monitoring.
----------------------------------------------------------------------------------------------------------------
                                  26.11.02 Permits, Approvals, and Registration
----------------------------------------------------------------------------------------------------------------
26.11.02.01............  Definitions...........  5/8/1995          2/27/2003, 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...........  3/5/2012          2/28/2013, 78 FR 13497  Revised .01B(44) and
                                                                                            .01C(1).
26.11.02.02............  General Provisions....  5/8/1995          2/27/2003, 68 FR 9012   (c)(182); Exception:
                                                                                            .02D.
26.11.02.03............  Federally Enforceable   5/8/1995          2/27/2003, 68 FR 9012   (c)(182).
                          Permits to Construct
                          and State Permits to
                          Operate.
26.11.02.04............  Duration of Permits...  5/8/1995          2/27/2003, 68 FR 9012   (c)(182); Exception:
                                                                                            .04C(2).
26.11.02.05............  Violation of Permits    5/8/1995          2/27/2003, 68 FR 9012   (c)(182).
                          and Approvals.
26.11.02.06............  Denial of Applications  5/8/1995,         2/27/2003, 68 FR 9012   (c)(182).
                          for State Permits and  6/16/1997
                          Approvals.
26.11.02.07............  Procedures for          5/8/1995          2/27/2003, 68 FR 9012   (c)(182).
                          Denying, Revoking, or
                          Reopening and
                          Revising a Permit or
                          Approval.
26.11.02.08............  Late Applications and   5/8/1995          2/27/2003, 68 FR 9012   (c)(182).
                          Delays in Acting on
                          Applications.
26.11.02.09............  Sources Subject to      7/8/2013          7/6/2015, 80 FR 38404   .09A(3) and .09A(4)
                          Permits to Construct.                                             are amended. Limited
                                                                                            approval remains in
                                                                                            effect.
26.11.02.10............  Sources Exempt from     8/11/2011         6/12/2012, 77 FR 34808  Revised .10X
                          Permits to Construct
                          and Approvals.
26.11.02.11............  Procedures for          5/8/1995,         2/27/2003, 68 FR 9012   (c)(182); Exception:
                          Obtaining Permits to   6/16/1997                                  .11C.
                          Construct Certain
                          Significant Sources.
26.11.02.12............  Procedures for          5/16/2011         8/2/2012, 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      5/8/1995          2/27/2003, 68 FR 9012   (c)(182).
                          State Permits to
                          Operate.
26.11.02.14............  Procedures for          5/8/1995,         2/27/2003, 68 FR 9012   (c)(182).
                          Obtaining State        6/16/1997
                          Permits to Operate
                          and Permits to
                          Construct Certain
                          Sources and Permits
                          to Construct Control
                          Equipment on Existing
                          Sources.
----------------------------------------------------------------------------------------------------------------

[[Page 44]]

 
                                     26.11.04 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
26.11.04.02............  Ambient Air Quality     9/17/2012         2/11/2013, 78 FR 9593
                          Standards,
                          Definitions,
                          Reference Conditions,
                          and Methods of
                          Measurement.
----------------------------------------------------------------------------------------------------------------
                                       26.11.05 Air Quality Episode System
----------------------------------------------------------------------------------------------------------------
26.11.05.01............  Definitions...........  6/18/1990         4/14/1994, 59 FR 17698  (c)(100).
26.11.05.02............  General Requirements..  6/18/1990         4/14/1994, 59 FR 17698  (c)(100).
26.11.05.03............  Air Pollution Episode   6/18/1990         4/14/1994, 59 FR 17698  (c)(100).
                          Criteria.
26.11.05.04............  Standby Emissions       8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(4).
                          Reduction Plan.
26.11.05.05............  Control Requirements    6/18/1990         4/14/1994, 59 FR 17698  (c)(100).
                          and Standby Orders.
26.11.05.06............  Tables................  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(4).
----------------------------------------------------------------------------------------------------------------
                      26.11.06 General Emissions Standards, Prohibitions, and Restrictions
----------------------------------------------------------------------------------------------------------------
26.11.06.01............  Definitions...........  5/8/1991          11/29/1994, 59 FR       (c)(102)(i)(B)(14).
                                                                    60908
26.11.06.02 [Except:     Visible Emissions.....  11/24/2003        8/1/2007, 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....  11/11/2002        8/6/2003, 68 FR 46487   (c)(181).
26.11.06.04............  Carbon Monoxide in      1/5/1988;         4/7/1993, 58 FR 18010   (c)(92).
                          Areas III and IV.       recodified,
                                                  8/1/1988
26.11.06.05............  Sulfur Compounds from   11/11/2002        8/6/2003, 68 FR 46487   (c)(181).
                          Other than Fuel
                          Burning Equipment.
26.11.06.06............  Volatile Organic        9/22/1997         5/7/2001, 66 FR 22924   (c)(156) Note: On 2/
                          Compounds.                                                        27/2003 (68 FR
                                                                                            9012), EPA approved
                                                                                            a revised rule
                                                                                            citation with a
                                                                                            State effective date
                                                                                            of 5/8/1995
                                                                                            [(c)(182)(i)(C)].
26.11.06.10............  Refuse Burning          8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(5).
                          Prohibited in Certain
                          Installations.
26.11.06.14............  Control of PSD Sources  7/8/2013          11/25/2014, 79 FR       Revised .14B(1).
                                                                    70099
26.11.06.15............  Nitrogen Oxides from    8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(5).
                          Nitric Acid Plants.
26.11.06.16............  Tables................  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(5).
----------------------------------------------------------------------------------------------------------------
                                               26.11.07 Open Fires
----------------------------------------------------------------------------------------------------------------
26.11.07.01............  Definitions...........  5/22/1995         6/11/2002, 67 FR 39856  (c)(173).
26.11.07.02............  General...............  5/22/1995         2/25/1997, 62 FR 8380   (c)(120).
26.11.07.03............  Control Officer May     8/11/1997         6/11/2002, 67 FR 39856  (c)(173).
                          Authorize Certain
                          Open Fires.
26.11.07.04............  Public Officers May     5/22/1995         2/25/1997, 62 FR 8380   (c)(120).
                          Authorize Certain
                          Fires.
26.11.07.05............  Open Fires Allowed      5/22/1995         2/25/1997, 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   8/11/1997         6/11/2002, 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...........  9/12/2005         9/15/2008, 73 FR 53130  Definition of
                                                                                            ``crematory'' is
                                                                                            added.
10.18.08.02............  Applicability.........  7/18/1980         8/5/1981, 46 FR 39818   (c)(45).
10.18.08.03............  Prohibition of Certain  6/8/1981          5/11/1982, 47 FR 20126  (c)(58).
                          Incinerators in Areas
                          III and IV.
10.18.08/26.11.08.04...  Visible Emissions.....  11/24/2003        8/1/2007, 72 FR 41891   Revised paragraph
                                                                                            26.11.08.04C.

[[Page 45]]

 
10.18.08/26.11.08.05...  Particulate Matter....  9/12/2005         9/15/2008, 73 FR 53130  Sections .05A(3) and
                                                                                            .05B(2)(a) are
                                                                                            revised.
10.18.08.06............  Prohibition of          3/25/1984         7/2/1985, 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...........  4/28/2014         6/9/2015, 80 FR 32474   Definition of
                                                                                            ``biomass'' is
                                                                                            added.
26.11.09.02............  Applicability.........  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(7).
26.11.09.03............  General Conditions for  6/21/2004         7/6/2005, 70 FR 38774   Revised paragraphs
                          Fuel Burning                                                      26.11.09.03C(1) and
                          Equipment.                                                        .03C(2).
26.11.09.04............  Prohibition of Certain  4/28/2014         6/9/2015, 80 FR 32474   Revised (C)(1).
                          New Fuel Burning
                          Equipment.
26.11.09.05............  Visible Emissions.....  11/24/2003        8/1/2007, 72 FR 41891   Revised paragraph
                                                                                            26.11.09.05A(3).
26.11.09.06............  Control of Particulate  4/28/2014         6/9/2015, 80 FR 32474   Revised (D)(1) and
                          Matter.                                                           (D)(2).
26.11.09.07............  Control of Sulfur       4/28/2014         6/9/2015, 80 FR 32474   Revised (B)(5).
                          Oxides from Fuel
                          Burning Equipment.
26.11.09.08............  Control of NOX          3/3/2014          8/30/2016, 81 FR 59488  Removed and relocated
                          Emissions for Major                                               existing NOX RACT
                          Stationary Sources.                                               requirements under
                                                                                            COMAR 26.11.14.07.
                                                                                            Conditional
                                                                                            Approval.
26.11.09.09............  Tables and Diagrams...  4/28/2014         6/9/2015, 80 FR 32474   Amended incorrect
                                                                                            reference.
26.11.09.10............  Requirements to Burn    4/28/2014         6/9/2015, 80 FR 32474   New regulation.
                          Used Oil and Waste
                          Combustible Fluid as
                          Fuel.
26.11.09.12............  Standards for Biomass   4/28/2014         6/9/2015, 80 FR 34274   New regulation.
                          Fuel-Burning
                          Equipment Equal to or
                          Greater Than 350,000
                          Btu/hr.
----------------------------------------------------------------------------------------------------------------
                           26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
26.11.10.01............  Definitions...........  12/25/2000        11/7/2001, 66 FR 56222  (c)(163).
26.11.10.02............  Applicability.........  11/2/1998         9/7/2001, 66 FR 46727   (c)(153).
26.11.10.03............  Visible Emissions.....  6/29/2009         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  11/2/1998         9/7/2001, 66 FR 46727   (c)(153).
                          Matter.
26.11.10.05............  Sulfur Content          11/2/1998         9/7/2001, 66 FR 46727   (c)(153).
                          Limitations for Coke
                          Oven Gas.
26.11.10.05-1..........  Control of Carbon       9/12/2005         2/9/2010, 75 FR 6307
                          Monoxide Emissions
                          from Basic Oxygen
                          Furnaces.
26.11.10.06............  Control of Volatile     12/25/2000        11/7/2001 66 FR 56222   (c)(163).
                          Organic Compounds
                          from Iron and Steel
                          Production
                          Installations.
26.11.10.07............  Testing and             12/25/2000        11/7/2001, 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.........  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(9).
26.11.11.02............  Asphalt Paving........  4/26/1993         1/6/1995, 60 FR 2018    (c)(113)(i)(B)(1).
26.11.11.03............  Asphalt Concrete        8/1/1988          11/3/1992, 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    8/1/1988          11/3/1992, 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...........  5/8/1995          7/25/2000, 64 FR 45743  (c)(149).
26.11.12.02............  Applicability.........  5/8/1995          7/25/2000, 64 FR 45743  (c)(149).
26.11.12.03............  Prohibitions and        5/8/1995          7/25/2000, 64 FR 45743  (c)(149).
                          Exemptions.
26.11.12.04............  Visible Emissions.....  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(10).

[[Page 46]]

 
26.11.12.05............  Particulate Matter....  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(10).
26.11.12.06............  Reporting Requirements  8/1/1988          11/3/1992, 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...........  10/18/2007        7/18/2008, 73 FR 41268
26.11.13.02............  Applicability and       4/26/1993         1/6/1995, 60 FR 2018    (c)(113)(i)(B)(3).
                          Exemption.
26.11.13.03............  Large Storage Tanks...  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(12).
26.11.13.04............  Loading Operations....  5/28/2014         8/3/2015, 80 FR 45892   Addition of
                                                                                            alternative
                                                                                            compliance procedure
                                                                                            and administrative
                                                                                            changes.
26.11.13.05............  Gasoline Leaks from     5/28/2014         8/3/2015, 80 FR 45892   Administrative
                          Tank Trucks.                                                      changes.
26.11.13.06............  Plans for Compliance..  4/26/1993         1/6/1995, 60 FR 2018    (c)(113)(i)(B)(5).
26.11.13.07............  Control of Gasoline     6/18/2007         7/17/2008, 73 FR 40970
                          and VOC Emissions
                          from Portable Fuel
                          Containers.
26.11.13.08............  Control of VOC          10/18/2007        7/18/2008, 73 FR 41268  New Regulation.
                          Emissions from Marine
                          Vessel Loading.
----------------------------------------------------------------------------------------------------------------
                               26.11.14 Control of Emissions From Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
26.11.14.01............  Definitions...........  1/8/2001,         11/7/2001, 66 FR 56220  (c)(170).
                                                 10/15/2001
26.11.14.02............  Applicability.........  1/8/2001          11/7/2001, 66 FR 56220  (c)(170).
26.11.14.06............  Control of Volatile     3/3/2014          8/30/2016, 81 FR 59488  Amended to clarify
                          Organic Compounds.                                                volatile organic
                                                                                            compound (VOC)
                                                                                            control system and
                                                                                            requirements at
                                                                                            Kraft pulp mills.
                                                                                            Conditional
                                                                                            Approval.
26.11.14.07............  Control of NOX          3/3/2014          8/30/2016, 81 FR 59488  Regulation Added.
                          Emissions from Fuel                                               Conditional
                          Burning Equipment.                                                Approval.
----------------------------------------------------------------------------------------------------------------
                          26.11.17 Requirements for Major New Sources and Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01............  Definitions...........  7/8/2013          7/13/2015, 80 FR 39969
26.11.17.02............  Applicability.........  7/8/2013          7/13/2015, 80 FR 39969
26.11.17.03............  General Conditions....  10/22/2007        8/2/2012, 77 FR 45949.
26.11.17.04............  Creating Emission       10/22/2007        8/2/2012, 77 FR 45949   Revised; Former
                          Reduction Credits                                                 Regulation .04 is
                          (ERCs).                                                           repealed and
                                                                                            replaced in its
                                                                                            entirety.
26.11.17.05............  Information on          10/22/2007        8/2/2012, 77 FR 45949   Revised; Former
                          Emission Reductions                                               Regulation .05 is
                          and Certification.                                                repealed and
                                                                                            replaced in its
                                                                                            entirety.
26.11.17.06............  Transferring Emission   10/22/2007        8/2/2012, 77 FR 45949   Added.
                          Reduction Credits.
26.11.17.07............  Plantwide               10/22/2007        8/2/2012, 77 FR 45949   Added.
                          Applicability Limit
                          (PAL)--General.
26.11.17.08............  Plantwide               10/22/2007        8/2/2012, 77 FR 45949   Added.
                          Applicability Limit
                          (PAL)--Permits.
26.11.17.09............  Plantwide               10/22/2007        8/2/2012, 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...........  6/5/1995          9/2/1997, 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,          3/5/2012          1/25/2013, 78 FR 5290   Amended sections
                          Determining                                                       .02D, .02E, .02G and
                          Compliance,                                                       .02I.
                          Reporting, and
                          General Requirements.
26.11.19.03............  Automotive and Light-   9/22/1997         11/5/1998, 63 FR 59720  (c)(140).
                          Duty Truck Coating.

[[Page 47]]

 
26.11.19.04............  Can Coating...........  8/1/1988          11/3/1992, 57 FR 49651  (C)(90)(i)(B)(12).
26.11.19.05............  Coil Coating..........  8/1/1988          11/3/1992, 57 FR 49651  (C)(90)(i)(B)(12).
26.11.19.06............  Large Appliance         10/1/2010         5/12/2011, 76 FR
                          Coating.                                  27610.
26.11.19.07............  Paper, Fabric, Film,    5/16/2011         10/17/2011, 76 FR       Revisions to Section
                          and Foil Coating.                         64022                   title and Sections
                                                                                            .07A and .07C(3).
26.11.19.07-1..........  Control of VOC          6/15/1998         6/17/1999, 64 FR 32415  (c)(142).
                          Emissions from Solid
                          Resin Decorative
                          Surface Manufacturing.
26.11.19.07-2..........  Plastic Parts and       5/16/2011         10/17/2011, 76 FR       New Regulation.
                          Business Machines                         64022
                          Coating.
26.11.19.08............  Metal Parts and         5/26/2014         10/1/2015, 80 FR 59056  Amends section title.
                          Products Coating.                                                Adds definitions.
                                                                                           Section
                                                                                            26.11.19.08(B),
                                                                                            Emission Standards,
                                                                                            removed.
                                                                                           Section
                                                                                            26.11.19.08(B),
                                                                                            Incorporation by
                                                                                            Reference, added.
                                                                                           Section
                                                                                            26.11.19.08(C),
                                                                                            Applicability and
                                                                                            Exemptions, added.
                                                                                           Section
                                                                                            26.11.19.08(D),
                                                                                            Emission Standards,
                                                                                            added.
26.11.19.09............  Control of Volatile     6/5/1995          8/4/1997, 62 FR 41853   (c)(123).
                          Organic Compounds
                          (VOC) Emissions from
                          Cold and Vapor
                          Degreasing.
26.11.19.09-1..........  Control of VOC          4/19/2010         2/22/2011, 76 FR 9656   New Regulation.
                          Emissions from
                          Industrial Solvent
                          Cleaning Operations
                          Other Than Cold and
                          Vapor Degreasing..
26.11.19.10............  Flexographic and        4/19/2010         9/27/2010, 75 FR 59086  Revision to section
                          Rotogravure Printing.                                             .10B(2).
26.11.19.10-1..........  Flexible packaging      4/19/2010         9/27/2010, 75 FR 59086  New Regulation.
                          printing.
26.11.19.11............  Lithographic and        5/16/2011         7/23/2012, 77 FR 43001  Sections .11A through
                          Letterpress Printing.                                             .11E are revised;
                                                                                            sections .11F
                                                                                            through .11H are
                                                                                            added.
26.11.19.12............  Dry Cleaning            9/22/1997         9/2/1998, 63 FR 46662   (c)(131).
                          Installations.
26.11.19.13............  Drum and Pail Coating.  5/16/2011         10/17/2011, 76 FR       Revisions to Section
                                                                    64017                   title and Sections
                                                                                            .13A, .13B, and .13C
                                                                                            and addition of new
                                                                                            Section .13D.
26.11.19.13-1..........  Aerospace Coating       10/2/2000,        11/7/2001, 66 FR 56220  (c)(169).
                          Operations.            10/15/2001
26.11.19.13-2..........  Brake Shoe Coating      8/24/1998         6/17/1999, 64 FR 32415  (c)(142).
                          Operations.
26.11.19.13-3..........  Control of VOC          6/29/1998         6/17/1999, 64 FR 32415  (c)(142).
                          Emissions from
                          Structural Steel
                          Coating Operations.
26.11.19.14............  Manufacture of          5/8/1991          11/29/1994, 59 FR       (c)(102)(i)(B)(14).
                          Synthesized                               60908
                          Pharmaceutical
                          Products.
26.11.19.15............  Paint, Resin, and       4/19/2010         10/18/2011, 76 FR       Amendments to
                          Adhesive                                  64237                   Sections .15A and
                          Manufacturing and                                                 .15C.
                          Adhesive and Sealant
                          Applications.
26.11.19.16............  Control of VOC          8/19/1991         9/7/1994, 59 FR 46180   (c)(103)(i)(B)(9).
                          Equipment Leaks.
26.11.19.17............  Control of Volatile     9/12/2005         3/31/2006, 71 FR 16237
                          Organic Compounds
                          (VOC) Emissions from
                          Yeast Manufacturing.
26.11.19.18............  Control of Volatile     6/10/2002         1/15/2003, 68 FR 1972   (c)(177).
                          Organic Compounds
                          (VOC) Emissions from
                          Screen Printing and
                          Digital Imaging.
26.11.19.19............  Control of Volatile     10/2/2000         5/7/2001, 66 FR 22924   (c)(156).
                          Organic Compounds
                          (VOC) Emissions from
                          Expandable
                          Polystyrene
                          Operations.

[[Page 48]]

 
26.11.19.21............  Control of Volatile     7/3/1995          10/15/1997, 62 FR       (c)(125)(i)(B)(4).
                          Organic Compounds                         53544
                          (VOC) Emissions from
                          Commercial Bakery
                          Ovens.
26.11.19.22............  Control of Volatile     8/11/1997         9/23/1999, 64 FR 41445  (c)(137).
                          Organic Compounds
                          (VOC) Emissions from
                          Vinegar Generators.
26.11.19.23............  Control of VOC          4/16/2012         9/26/2012, 77 FR 59093  Entire regulation
                          Emissions from                                                    revised.
                          Vehicle Refinishing.
26.11.19.24............  Control of VOC          8/11/1997         9/23/1999, 64 FR 41445  (c)(137).
                          Emissions from
                          Leather Coating.
26.11.19.25............  Control of Volatile     8/11/1997         1/26/1999, 64 FR 3852   (c)(141).
                          Organic Compounds
                          from Explosives and
                          Propellant
                          Manufacturing.
26.11.19.26............  Control of Volatile     9/28/2015         12/23/2016, 81 FR       Amendment to .26A.
                          Organic Compound                          94261
                          Emissions from
                          Reinforced Plastic
                          Manufacturing.
26.11.19.26-1..........  Control of Volatile     9/28/2015         12/23/2016, 81 FR       New Regulation.
                          Organic Compound                          94261
                          Emissions from
                          Fiberglass Boat
                          Manufacturing.
26.11.19.27............  Control of Volatile     10/20/1997        9/5/2001, 66 FR 46379   (c)(166).
                          Organic Compounds
                          from Marine Vessel
                          Coating Operations.
26.11.19.27-1..........  Control of Volatile     10/12/2012        9/26/2013, 78 FR 59240  Regulation Added.
                          Organic Compounds
                          from Pleasure Craft
                          Coating Operations.
26.11.19.28............  Control of Volatile     10/2/2000         5/7/2001, 66 FR 22924   (c)(157).
                          Organic Compounds
                          from Bread and Snack
                          Food Drying
                          Operations.
26.11.19.29............  Control of Volatile     10/2/2000,        11/7/2001, 66 FR 56220  (c)(160).
                          Organic Compounds      10/15/2001
                          from Distilled
                          Spirits Facilities.
26.11.19.30............  Control of Volatile     4/21/2008         10/18/2011, 76 FR       Amendments to
                          Organic Compounds                         64237                   Sections .30A, .30B,
                          from Chemical                                                     .30C and .30E.
                          Production and
                          Flouropolymer
                          Material
                          Installations.
26.11.19.31............  Control of Volatile     6/5/2006          1/11/2007, 72 FR 1289
                          Organic Compounds
                          from Medical Device
                          Manufacturing.
26.11.19.33............  Control of Volatile     4/19/2010         1/26/2011, 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  8/1/1988          11/3/1992, 57 FR 49651  (c)(90)(i)(B)(13) [as
                          Control Devices.                                                  26.11.20.06].
26.11.20.03............  Motor Vehicle Fuel      10/26/1992        6/10/1994, 59 FR 29957  (c)(101)(i)(B)(3).
                          Specifications.
26.11.20.04............  National Low Emission   3/22/1999         12/28/1999, 64 FR       (c)(146).
                          Vehicle Program.                          72564
----------------------------------------------------------------------------------------------------------------
                       26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
26.11.24.01............  Definitions...........  1/29/2007         1/17/2008, 73 FR 3187   Addition of
                                                                                            ``Certified
                                                                                            Inspector'' and ``
                                                                                            `Vapor Recovery
                                                                                            System.''
26.11.24.01-1..........  Incorporation by        4/15/2002         5/7/2003, 68 FR 24363   (c)(178).
                          Reference.
26.11.24.02............  Applicability,          4/15/2002         5/7/2003, 68 FR 24363   (c)(178).
                          Exemptions, and
                          Effective Date.
26.11.24.03............  General Requirements..  4/15/2002         5/7/2003, 68 FR 24363   (c)(178).
26.11.24.04............  Testing Requirements..  2/28/2005         5/8/2006, 71 FR 26688
26.11.24.05............  Inspection              2/15/1993         6/9/1994, 59 FR 29730   (c)(107).
                          Requirements.
26.11.24.05-1..........  Inspections by a        1/29/2007         1/17/2008, 73 FR 3187   Added Section.
                          Certified Inspector.
26.11.24.06............  Training Requirements   2/15/1993         6/9/1994, 59 FR 29730   (c)(107).
                          for Operation and
                          Maintenance of
                          Approved Systems.
26.11.24.07............  Record-Keeping and      2/28/2005         5/8/2006, 71 FR 26688
                          Reporting
                          Requirements.

[[Page 49]]

 
26.11.24.08............  Instructional Signs...  2/15/1993         6/9/1994, 59 FR 29730   (c)(107).
26.11.24.09............  Sanctions.............  2/15/1993         6/9/1994, 59 FR 29730   (c)(107).
----------------------------------------------------------------------------------------------------------------
                                   26.11.25 Control of Glass Melting Furnaces
----------------------------------------------------------------------------------------------------------------
26.11.25.01............  Definitions...........  10/5/1998         10/19/2005, 70 FR
                                                                    60738
26.11.25.02............  Applicability and       10/5/1998         10/19/2005, 70 FR
                          Exemptions.                               60738
26.11.25.03............  Visible Emissions from  10/5/1998         10/19/2005, 70 FR
                          Glass Melting                             60738
                          Furnaces.
26.11.25.04............  Particulate Matter      10/5/1998         10/19/2005, 70 FR
                          Emissions from Glass                      60738
                          Melting Furnaces.
----------------------------------------------------------------------------------------------------------------
                                               26.11.26 Conformity
----------------------------------------------------------------------------------------------------------------
26.11.26.01............  Purpose...............  6/30/2008         9/26/2011, 76 FR 59254  New Regulation.
26.11.26.02............  Definitions...........  6/30/2008         9/26/2011, 76 FR 59254  Definitions added for
                                                                                            transportation
                                                                                            conformity;
                                                                                            definitions for
                                                                                            general conformity
                                                                                            were approved at
                                                                                            (c)(136).
26.11.26.03............  Transportation          6/30/2008         9/26/2011, 76 FR 59254  New Regulation.
                          Conformity.
26.11.26.04............  Transportation          6/30/2008         9/26/2011, 76 FR 59254  New Regulation.
                          Conformity--Consultat
                          ion in General.
26.11.26.05............  Transportation          6/30/2008         9/26/2011, 76 FR 59254  New Regulation.
                          Conformity--Interagen
                          cy Consultation
                          Requirements.
26.11.26.06............  Transportation          6/30/2008         9/26/2011, 76 FR 59254  New Regulation.
                          Conformity--Dispute
                          Resolution.
26.11.26.07............  Transportation          6/30/2008         9/26/2011, 76 FR 59254  New Regulation.
                          Conformity--Public
                          Consultation
                          Procedures.
26.11.26.08............  Transportation          6/30/2008         9/26/2011, 76 FR 59254  New Regulation.
                          Conformity--Interagen
                          cy Consultation.
26.11.26.09............  General Conformity....  6/30/2008         9/26/2011, 76 FR 59254  Formerly SIP
                                                                                            regulation
                                                                                            26.11.26.03.
----------------------------------------------------------------------------------------------------------------
                                 26.11.27 Emission Limitations for Power Plants
----------------------------------------------------------------------------------------------------------------
26.11.27.01............  Definitions...........  7/16/2007         9/4/2008, 73 FR 51599
26.11.27.02............  Applicability and       7/16/2007         9/4/2008, 73 FR 51599
                          Exceptions.
26.11.27.03............  General Requirements..  7/16/2007         9/4/2008, 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          7/16/2007         9/4/2008, 73 FR 51599
                          Reporting
                          Requirements.
26.11.27.06............  Judicial Review of      7/16/2007         9/4/2008, 73 FR 51599
                          Penalty Waivers.
----------------------------------------------------------------------------------------------------------------
                                       26.11.28 Clean Air Interstate Rule
----------------------------------------------------------------------------------------------------------------
26.11.28.01............  Definitions...........  6/16/2008         10/30/2009, 74 FR
                                                                    56117
26.11.28.02............  Incorporation by        6/16/2008         10/30/2009, 74 FR
                          Reference.                                56117
26.11.28.03............  Affected Units and      6/16/2008         10/30/2009, 74 FR
                          General Requirements.                     56117
26.11.28.04............  Requirements for New    6/16/2008         10/30/2009, 74 FR
                          Affected Trading                          56117
                          Units and NOX Set
                          Aside Pool.
26.11.28.05............  NOX Allowances for      6/16/2008         10/30/2009, 74 FR
                          Renewable Energy                          56117
                          Projects and
                          Consumers of Electric
                          Power.
26.11.28.06............  NOX Allowances To Be    6/16/2008         10/30/2009, 74 FR
                          Distributed to                            56117
                          Consumers of Electric
                          Power.
26.11.28.07............  Distribution of Unused  6/16/2008         10/30/2009, 74 FR
                          NOX Allowances in the                     56117
                          Set Aside Pool.

[[Page 50]]

 
26.11.28.08............  Allocation of NOX       6/16/2008         10/30/2009, 74 FR       Annual and Ozone
                          Allowances.                               56117                   Season Allocations
                                                                                            start in 2010
                                                                                            instead of 2009.
----------------------------------------------------------------------------------------------------------------
                                   26.11.29 NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
26.11.29.01............  Definitions...........  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
26.11.29.02............  Incorporation by        5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
                          Reference.
26.11.29.03............  Scope and               5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
                          Applicability.
26.11.29.04............  General Requirements    5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
                          for Affected Trading
                          Sources.
26.11.29.05............  NOX Allowance           5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
                          Allocations.
26.11.29.06............  Compliance Supplement   5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
                          Pool.
26.11.29.07............  Allowance Banking.....  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
26.11.29.08............  Emission Monitoring...  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
26.11.29.09............  Requirements for New    11/24/2003        3/22/2004, 69 FR 13236  (c)(186)(i)(C)(1)-(5)
                          Sources and Set-Aside                                             .
                          Pool.
26.11.29.10............  Reporting.............  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
26.11.29.11............  Record Keeping........  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
26.11.29.12............  End-of-Season           5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
                          Reconciliation.
26.11.29.13............  Compliance              5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
                          Certification.
26.11.29.14............  Penalties.............  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(1).
26.11.29.15............  Requirements for        5/1/2000          1/10/2001, 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               5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(2).
                          Applicability.
26.11.30.02............  Definitions...........  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(2).
26.11.30.03............  Procedures Relating to  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(2).
                          Compliance Accounts
                          and Overdraft
                          Accounts.
26.11.30.04............  Procedures Relating to  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(2).
                          General Accounts.
26.11.30.05............  Allowance Banking.....  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(2).
26.11.30.06............  Allowance Transfers...  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(2).
26.11.30.07............  Early Reductions......  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(2).
26.11.30.08............  Opt-In Procedures.....  5/1/2000          1/10/2001, 66 FR 1866   (c)(154)(i)(B)(2).
26.11.30.09............  Allocation of           6/19/2006         11/03/2006, 71 FR       New column for 2008
                          Allowances.                               64647                   allocations.
26.11.31...............  Quality Assurance       6/13/2011         11/7/2016, 81 FR 78051
                          Requirements for
                          Opacity Monitors
                          (COMs).
26.11.31.01............  Scope.................  6/13/2011         11/7/2016, 81 FR 78048
26.11.31.02............  Applicability.........  6/13/2011         11/7/2016, 81 FR 78048
26.11.31.03............  Incorporation by        6/13/2011         11/7/2016 81 FR 78048
                          Reference.
26.11.31.04............  Definitions...........  6/13/2011         11/7/2016, 81 FR 78048
26.11.31.05............  Principle.............  6/13/2011         11/7/2016, 81 FR 78048
26.11.31.06............  Quality Control         6/13/2011         11/7/2016, 81 FR 78048
                          Requirements.
26.11.31.07............  Opacity Calibration     6/13/2011         11/7/2016, 81 FR 78048
                          Drift Assessment.
26.11.31.08............  Audit Frequency.......  6/13/2011         11/7/2016, 81 FR 78048
26.11.31.09............  Performance Audit.....  6/13/2011         11/7/2016, 81 FR 78048
26.11.31.10............  Calibration Error       6/13/2011         11/7/2016, 81 FR 78048
                          Methods.
26.11.31.11............  Zero Alignment Audit..  6/13/2011         11/7/2016, 81 FR 78048
26.11.31.12............  Corrective Actions....  6/13/2011         11/7/2016, 81 FR 78048
----------------------------------------------------------------------------------------------------------------
               26.11.32 Control of Emissions of Volatile Organic Compounds From Consumer Products
----------------------------------------------------------------------------------------------------------------
26.11.32.01............  Applicability and       6/18/2007         12/10/2007, 72 FR
                          Exemptions.                               69621
26.11.32.02............  Incorporation by        6/18/2007         12/10/2007, 72 FR
                          Reference.                                69621
26.11.32.03............  Definitions...........  6/18/2007         12/10/2007, 72 FR
                                                                    69621
26.11.32.04............  Standards--General....  6/18/2007         12/10/2007, 72 FR
                                                                    69621
26.11.32.05............  Standards--Requirement  8/18/2003         12/09/2003, 68 FR       (c)(185).
                          s for Charcoal                            68523
                          Lighter Materials.
26.11.32.06............  Standards--Requirement  6/18/2007         12/10/2007, 72 FR
                          s for Aerosol                             69621
                          Adhesives.
26.11.32.07............  Standards--Requirement  8/18/2003         12/09/2003, 68 FR       (c)(185).
                          s for Floor Wax                           68523
                          Strippers.

[[Page 51]]

 
26.11.32.08............  Requirements for        6/18/2007         12/10/2007, 72 FR       New Regulation.
                          Contact Adhesives,                        69621
                          Electronic Cleaners,
                          Footwear, or Leather
                          Care Products, and
                          General Purpose
                          Cleaners.
26.11.32.09............  Requirements for        6/18/2007         12/10/2007, 72 FR       New Regulation.
                          Adhesive Removers,                        69621
                          Electrical Cleaners,
                          and Graffiti Removers.
26.11.32.10............  Requirements for Solid  6/18/2007         12/10/2007, 72 FR       New Regulation.
                          Air Fresheners and                        69621
                          Toilet and Urinal
                          Care Products.
26.11.32.11............  Innovative Products--   6/18/2007         12/10/2007, 72 FR       Recodification of
                          CARB Exemption.                           69621                   existing Regulation
                                                                                            .08.
26.11.32.12............  Innovative Products--   6/18/2007         12/10/2007, 72 FR
                          Department Exemption.                     69621
26.11.32.13............  Administrative          6/18/2007         12/10/2007, 72 FR       Recodification of
                          Requirements.                             69621                   existing Regulation
                                                                                            .10; Amended.
26.11.32.14............  Reporting Requirements  6/18/2007         12/10/2007, 72 FR       Recodification of
                                                                    69621                   existing Regulation
                                                                                            .11; Amended.
26.11.32.15............  Variances.............  6/18/2007         12/10/2007, 72 FR       Recodification of
                                                                    69621                   existing Regulation
                                                                                            .12; Amended.
26.11.32.16............  Test Methods..........  6/18/2007         12/10/2007, 72 FR       Recodification of
                                                                    69621                   existing Regulation
                                                                                            .13; Amended.
26.11.32.17............  Alternative Control     6/18/2007         12/10/2007, 72 FR       Recodification of
                          Plan (ACP).                               69621                   existing Regulation
                                                                                            .14; Amended.
26.11.32.18............  Approval of an ACP      6/18/2007         12/10/2007, 72 FR       Recodification of
                          Application.                              69621                   existing Regulation
                                                                                            .15; Amended.
26.11.32.19............  Record Keeping and      6/18/2007         12/10/2007, 72 FR       Recodification of
                          Availability of                           69621                   existing Regulation
                          Requested Information.                                            .16.
26.11.32.20............  Violations............  6/18/2007         12/10/2007, 72 FR       Recodification of
                                                                    69621                   existing Regulation
                                                                                            .17.
26.11.32.21............  Surplus Reduction and   6/18/2007         12/10/2007, 72 FR       Recodification of
                          Surplus Trading.                          69621                   existing Regulation
                                                                                            .18; Amended.
26.11.32.22............  Limited-use surplus     6/18/2007         12/10/2007, 72 FR       Recodification of
                          reduction credits for                     69621                   existing Regulation
                          early formulations of                                             .19; Amended.
                          ACP Products.
26.11.32.23............  Reconciliation of       6/18/2007         12/10/2007, 72 FR       Recodification of
                          Shortfalls.                               69621                   existing Regulation
                                                                                            .20; Amended.
26.11.32.24............  Modifications to an     6/18/2007         12/10/2007, 72 FR       Recodification of
                          ACP.                                      69621                   existing Regulation
                                                                                            .21; Amended.
26.11.32.25............  Cancellation of an ACP  6/18/2007         12/10/2007, 72 FR       Recodification of
                                                                    69621                   existing Regulation
                                                                                            .22; Amended.
26.11.32.26............  Transfer of an ACP....  6/18/2007         12/10/2007, 72 FR       Recodification of
                                                                    69621                   existing Regulation
                                                                                            .23
----------------------------------------------------------------------------------------------------------------
                                     26.11.34 Low Emissions Vehicle Program
----------------------------------------------------------------------------------------------------------------
26.11.34.01............  Purpose...............  12/17/2007        6/11/2013, 78 FR 34911
26.11.34.02 (except      Incorporation by        2/16/2015         7/14/2015, 80 FR 40921  Update to incorporate
 .02B(20)).               Reference.                                                        by reference
                                                                                            California's
                                                                                            Advanced Clean Car
                                                                                            Program rules, with
                                                                                            the exception of
                                                                                            Title 13, California
                                                                                            Code of Regulations,
                                                                                            Division 3, Chapter
                                                                                            2, Article 5,
                                                                                            Section 2030.
26.11.34.03............  Applicability and       12/17/2007        6/11/2013, 78 FR 34911
                          Exemptions.
26.11.34.04............  Definitions...........  12/17/2007        6/11/2013, 78 FR 34911
26.11.34.05............  Emissions Requirements  12/17/2007        6/11/2013, 78 FR 34911
26.11.34.06............  Fleet Average NMOG      12/17/2007        6/11/2013, 78 FR 34911
                          Requirements.
26.11.34.07............  Initial NMOG Credit     12/17/2007        6/11/2013, 78 FR 34911
                          Account Balances.
26.11.34.08............  Fleet Average           12/17/2007        6/11/2013, 78 FR 34911
                          Greenhouse Gas
                          Requirements.
26.11.34.09............  Zero Emission Vehicle   12/17/2007        6/11/2013, 78 FR 34911
                          (ZEV) Requirements.

[[Page 52]]

 
26.11.34.10............  Initial ZEV Credit      12/17/2007        6/11/2013, 78 FR 34911
                          Account Balances.
26.11.34.11............  Vehicle Testing.......  12/17/2007        6/11/2013, 78 FR 34911
26.11.34.12............  Warranty..............  12/17/2007        6/11/2013, 78 FR 34911
26.11.34.13............  Manufacturer            12/17/2007        6/11/2013, 78 FR 34911
                          Compliance
                          Demonstration.
26.11.34.14............  Enforcement...........  12/17/2007        6/11/2013, 78 FR 34911
----------------------------------------------------------------------------------------------------------------
                         26.11.35 Volatile Organic Compounds from Adhesives and Sealants
----------------------------------------------------------------------------------------------------------------
26.11.35.01............  Applicability and       4/21/2008         10/18/2011, 76 FR       New Section.
                          Exemptions.            6/1/2009           64237
26.11.35.02............  Incorporation by        4/21/2008         10/18/2011, 76 FR       New Section.
                          Reference.                                64237
26.11.35.03............  Definitions...........  4/21/2008         10/18/2011, 76 FR       New Section.
                                                                    64237
26.11.35.04............  Standards.............  4/21/2008         10/18/2011, 76 FR       New Section.
                                                                    64237
26.11.35.05............  Administrative          4/21/2008         10/18/2011, 76 FR       New Section.
                          Requirements.                             64237
26.11.35.06............  Compliance Procedures   4/21/2008         10/18/2011, 76 FR       New Section.
                          and Test Methods.                         64237
26.11.35.07............  Container Labeling....  4/21/2008         10/18/2011, 76 FR       New Section.
                                                                    64237
----------------------------------------------------------------------------------------------------------------
             26.11.38 Control of Nitrogen Oxide Emissions From Coal-Fired Electric Generating Units
----------------------------------------------------------------------------------------------------------------
26.11.38.01............  Definitions...........  8/31/2015         5/30/2017, 82 FR 24546
26.11.38.02............  Applicability.........  8/31/2015         5/30/2017, 82 FR 24546
26.11.38.03............  2015 NOX Emission       8/31/2015         5/30/2017, 82 FR 24546
                          Control Requirements.
26.11.38.04............  Compliance              8/31/2015         5/30/2017, 82 FR 24546
                          Demonstration
                          Requirements.
26.11.38.05............  Reporting Requirements  8/31/2015         5/30/2017, 82 FR 24546
----------------------------------------------------------------------------------------------------------------
                        26.11.39 Architectural and Industrial Maintenance (AIM) Coatings
----------------------------------------------------------------------------------------------------------------
26.11.39.01............  Applicability and       4/25/2016         5/8/2017, 82 FR 21312
                          Exemptions.
26.11.39.02............  Test Methods-           4/25/2016         5/8/2017, 82 FR 21312
                          Incorporation by
                          Reference.
26.11.39.03............  Definitions...........  4/25/2016         5/8/2017, 82 FR 21312
26.11.39.04............  General Requirements    4/25/2016         5/8/2017, 82 FR 21312
                          and Standards.
26.11.39.05............  VOC Content Limits....  4/25/2016         5/8/2017, 82 FR 21312
26.11.39.06............  Container Labeling      4/25/2016         5/8/2017, 82 FR 21312
                          Requirements.
26.11.39.07............  Reporting Requirements  4/25/2016         5/8/2017, 82 FR 21312
26.11.39.08............  Compliance Procedures.  4/25/2016         5/8/2017, 82 FR 21312
----------------------------------------------------------------------------------------------------------------
                                  11.14.08 Vehicle Emissions Inspection Program
----------------------------------------------------------------------------------------------------------------
11.14.08.01............  Title.................  1/2/1995          10/29/1999, 64 FR       (c)(144).
                                                                    58340
11.14.08.02............  Definitions...........  1/2/1995,         10/29/1999, 64 FR       (c)(144).
                                                 10/19/1998         58340
11.14.08.03............  Applicability.........  6/10/2002         1/16/2003, 68 FR 2208   (c)(179).
11.14.08.04............  Exemptions............  1/2/1995          10/29/1999, 64 FR       (c)(144).
                                                                    58340
11.14.08.05............  Schedule of the         1/2/1995,         10/29/1999, 64 FR       (c)(144).
                          Program.               12/16/1996         58340
11.14.08.06............  Certificates..........  6/10/2002         1/16/2003, 68 FR 2208   (c)(179).
11.14.08.07............  Extensions............  1/2/1995,         10/29/1999, 64 FR       (c)(144).
                                                 10/19/1998         58340
11.14.08.08............  Enforcement...........  1/2/1995          10/29/1999, 64 FR       (c)(144).
                                                                    58340
11.14.08.09............  Inspection Standards..  6/10/2002         1/16/2003, 68 FR 2208   (c)(179).
11.14.08.10............  General Requirements    1/2/1995,         10/29/1999, 64 FR       (c)(144).
                          for Inspection and     12/16/1996,        58340
                          Preparation for        10/19/1998
                          Inspection.
11.14.08.11............  Idle Exhaust Emissions  10/18/1998        10/29/1999, 64 FR       (c)(144).
                          Test and Equipment                        58340
                          Checks.
11.14.08.11-1..........  Transient Exhaust       12/16/1996,       10/29/1999, 64 FR       (c)(144).
                          Emissions Test and     10/19/1998         58340
                          Evaporative Purge
                          Test Sequence.
11.14.08.12............  Evaporative Integrity   6/10/2002         1/16/2003, 68 FR 2208   (c)(179).
                          Test, Gas Cap Leak
                          Test, and On-Board
                          Diagnostics
                          Interrogation
                          Procedures.

[[Page 53]]

 
11.14.08.13............  Failed Vehicle and      1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Reinspection                              58340
                          Procedures.
11.14.08.14............  Dynamometer System      1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Specifications.                           58340
11.14.08.15............  Constant Volume         1/2/1995,         10/29/1999, 64 FR       (c)(144).
                          Sampler, Analysis      10/19/1998         58340
                          System, and Inspector
                          Control
                          Specifications.
11.14.08.16............  Evaporative Test        6/10/2002         1/16/2003, 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   1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Maintenance--General                      58340
                          Requirements.
11.14.08.18............  Test Assurance          1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Procedures.                               58340
11.14.08.19............  Dynamometer Periodic    1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Quality Assurance                         58340
                          Checks.
11.14.08.20............  Constant Volume         1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Sampler Periodic                          58340
                          Quality Assurance
                          Checks.
11.14.08.21............  Analysis System         1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Periodic Quality                          58340
                          Assurance Checks.
11.14.08.22............  Evaporative Test        1/2/1995,         10/29/1999 64 FR 58340  (c)(144).
                          Equipment, Gas Cap     10/19/1998
                          Leak Test Equipment
                          and On-Board
                          Diagnostics
                          Interrogation
                          Equipment Periodic
                          Quality Assurance
                          Checks.
11.14.08.23............  Overall System          1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Performance Quality                       58340
                          Assurance.
11.14.08.24............  Control Charts........  1/2/1995          10/29/1999, 64 FR       (c)(144).
                                                                    58340
11.14.08.25............  Gas Specifications....  1/2/1995          10/29/1999, 64 FR       (c)(144).
                                                                    58340
11.14.08.26............  Vehicle Emissions       1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Inspection Station.                       58340
11.14.08.27............  Technician's Vehicle    1/2/1995,         10/29/1999, 64 FR       (c)(144).
                          Report.                10/19/1998         58340
11.14.08.28............  Feedback Reports......  1/02/1995,        10/29/1999, 64 FR       (c)(144).
                                                 10/19/1998         58340
11.14.08.29............  Certified Emissions     1/2/1995,         10/29/1999, 64 FR       (c)(144).
                          Technician.            12/16/1996         58340
11.14.08.30............  Certified Emissions     1/2/1995,         10/29/1999, 64 FR       (c)(144).
                          Repair Facility.       12/16/1996         58340
11.14.08.31............  On-Highway Emissions    1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Test.                                     58340
11.14.08.32............  Fleet Inspection        1/2/1995,         10/29/1999, 64 FR       (c)(144).
                          Station.               12/16/1996,        58340
                                                 10/19/1998
11.14.08.33............  Fleet Inspection        1/02/1995         10/29/1999, 64 FR       (c)(144).
                          Standards.                                58340
11.14.08.34............  Fleet Inspection and    1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Reinspection Methods.                     58340
11.14.08.35............  Fleet Equipment and     1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Quality Assurance                         58340
                          Requirements.
11.14.08.36............  Fleet Personnel         1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Requirements.                             58340
11.14.08.37............  Fleet Calibration Gas   1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Specifications and                        58340
                          Standard Reference
                          Materials.
11.14.08.38............  Fleet Recordkeeping     1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Requirements.                             58340
11.14.08.39............  Fleet Fees............  1/2/1995          10/29/1999, 64 FR       (c)(144).
                                                                    58340
11.14.08.40............  Fleet License           1/2/1995          10/29/1999, 64 FR       (c)(144).
                          Suspension and                            58340
                          Revocation.
11.14.08.41............  Audits................  1/2/1995          10/29/1999, 64 FR       (c)(144).
                                                                    58340
11.14.08.42............  Fleet Inspection After  1/2/1995,         10/29/1999, 64 FR       (c)(144).
                          1998.                  2/16/1996,         58340
                                                 10/19/1998
----------------------------------------------------------------------------------------------------------------

[[Page 54]]

 
                            03.03.05 Motor Fuel Inspection [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.05.01............  Definitions...........  12/18/1995        1/30/1996, 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                12/18/1995        1/30/1996, 61 FR 2982
                          Specifications for
                          Gasoline.
03.03.05.02-1..........  Other Motor Vehicle     10/26/1992        6/10/1994, 58 FR 29957
                          Fuels.
03.03.05.05............  Labeling of Pumps.....  12/18/1995        1/30/1996, 61 FR 2982
03.03.05.08............  Samples and Test        10/26/1992        6/10/1994, 58 FR 29957
                          Tolerance.
03.03.05.15............  Commingled Products...  10/26/1992        6/10/1994, 58 FR 29957
----------------------------------------------------------------------------------------------------------------
                         03.03.06 Emissions Control Compliance [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.06.01............  Definitions...........  12/18/1995        1/30/1996, 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          10/26/1992        6/10/1994, 58 FR 29957
                          Determination.
03.03.06.03............  Oxygen Content          12/18/1995        1/30/1996, 61 FR 2982
                          Determination.
03.03.06.04............  Registration..........  10/26/1992        6/10/1994, 58 FR 29957
03.03.06.05............  Record Keeping........  10/26/1992        6/10/1994, 58 FR 29957
03.03.06.06............  Transfer Documentation  12/18/1995        1/30/1996, 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.................  12/28/2009        2/10/2012, 77 FR 6963   Added; limited
 .01D.                                                                                      approval.
20.79.01.02A and         Definitions...........  12/28/2009        2/10/2012, 77 FR 6963   Added; limited
 .02B(1) through (13),                                                                      approval.
 (14)(a), (15), (16),
 and (18) through (20).
20.79.01.06............  Modifications to        12/28/2009        2/10/2012, 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...  2/10/1997         2/10/2012, 77 FR 6963   Added; limited
                                                                                            approval.
20.79.02.02............  Distribution of         2/10/1997,        2/10/2012, 77 FR 6963   Added; limited
                          Application.           11/8/2004                                  approval.
20.79.02.03............  Proceedings on the      2/10/1997,        2/10/2012, 77 FR 6963   Added; Limited
                          Application.           11/8/2004                                  approval.
----------------------------------------------------------------------------------------------------------------
      20.79.03 Applications Concerning the Construction or Modification of Generating Stations and Overhead
                     Transmission Lines--Details of Filing Requirements--Generating Stations
----------------------------------------------------------------------------------------------------------------
20.79.03.01............  Description of          2/10/1997,        2/10/2012, 77 FR 6963   Added; limited
                          Generating Station.    11/8/2004                                  approval.
20.79.03.02A and         Environmental           2/10/1997,        2/10/2012, 77 FR 6963   Added; limited
 .02B(1) and (2).         Information.           11/8/2004                                  approval.
----------------------------------------------------------------------------------------------------------------
                                             TM Technical Memoranda
----------------------------------------------------------------------------------------------------------------
TM91-01 [Except Methods  Test Methods and        11/2/1998         9/7/2001, 66 FR 46727   (c)(153)(i)(D)(5)
 1004A through E].        Equipment                                                         (Supplement 3 is
                          Specifications for                                                added).
                          Stationary Sources.

[[Page 55]]

 
   Annotated Code of          Title/subject       State effective     EPA approval date          Additional
   Maryland citation                                    date                                explanation/citation
                                                                                              at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
                       Public Utility Companies Article of the Annotated Code of Maryland
----------------------------------------------------------------------------------------------------------------
Section 7-205..........  Electric Companies--    7/01/2006         2/10/2012, 77 FR 6963   Added; limited
                          Modification of Power                                             approval.
                          Plant.
Section 7-207(a),        Generating Stations or  7/01/2007         2/10/2012, 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  7/1/2007          2/10/2012, 77 FR 6963   Added; limited
 (e).                     Transmission Lines--                                              approval.
                          Onsite Generated
                          Electricity; Approval
                          Process.
Section 7-208 (a)(1),    Generating Stations or  7/1/2001          2/10/2012, 77 FR 6963   Added; limited
 (b) through (f), and     Transmission Lines--                                              approval.
 (h)(2).                  Joint Construction of
                          Station and
                          Associated Lines.
----------------------------------------------------------------------------------------------------------------
 General Provisions Article of the Annotated Code of Maryland (formerly cited at Section 15 of State Government
                                                    Article)
----------------------------------------------------------------------------------------------------------------
Section 5-101            Definitions...........  10/1/2014         5/2/2016, 81 FR 26135   Added; addresses CAA
 (a),(e),(f), (g)(1)and                                                                     section 128.
 (2), (h), (i), (j),
 (m), (n), (p),
 (s),(t),(bb),
 (ff),(gg), (ll).
Section 5-103(a)         Designation of          10/1/2014         5/2/2016, 81 FR 26135   Added; addresses CAA
 through (c).             Individuals as Public                                             section 128.
                          Officials.
Section 5-208(a).......  Determination of        10/1/2014         5/2/2016, 81 FR 26135   Added; addresses CAA
                          public official in                                                section 128.
                          executive agency.
Section 5-501(a) and     Restrictions on         10/1/2014         5/2/2016, 81 FR 26135   Added; addresses CAA
 (c).                     participation.                                                    section 128.
Section 5-601(a).......  Individuals required    10/1/2014         5/2/2016, 81 FR 26135   Added; addresses CAA
                          to file statement.                                                section 128.
Section 5-602(a).......  Financial Disclosure    10/1/2014         5/2/2016, 81 FR 26135   Added; addresses CAA
                          Statement--Filing                                                 section 128.
                          Requirements.
Section 5-606(a).......  Public Records........  10/1/2014         5/2/2016, 81 FR 26135   Added; addresses CAA
                                                                                            section 128.
Section 5-607(a)         Content of statements.  10/1/2014         5/2/2016, 81 FR 26135   Added; addresses CAA
 through (j).                                                                               section 128.
Section 5-608(a)         Interests attributable  10/1/2014         5/2/2016, 81 FR 26135   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
----------------------------------------------------------------------------------------------------------------
Potomac Electric Power Company    49352 Amended      7/26/1978.........  12/6/1979, 44 FR    52.1100(c)(25).
 (PEPCO)--Dickerson.               Consent Order.                          70141.
Northeast Maryland Waste          Secretarial Order.  11/20/1981........  7/7/1982, 47 FR     52.1100(c)(65)
 Disposal Authority.                                                       29531.              (Wheelabrator-
                                                                                               Frye, Inc.).
Northeast Maryland Waste          Secretarial Order.  2/25/1983.........  8/24/1983, 48 FR    52.1100(c)(70)
 Disposal Authority and                                                    38465.              (Shutdown of
 Wheelabrator-Frye, Inc. and the                                                               landfill for
 Mayor and City Council of                                                                     offsets).
 Baltimore and BEDCO Development
 Corp.
Westvaco Corp...................  Consent Order.....  9/6/1983;.........  12/20/1984, 49 FR   52.1100(c)(74).
                                                      Rev. 1/26/1984....   49457.

[[Page 56]]

 
Potomac Electric Power Company    Administrative      9/13/1999.........  12/15/2000, 65 FR   52.1100(c)(151).
 (PEPCO).                          Consent Order.                          78416.
Thomas Manufacturing Corp.......  Consent Decree....  2/15/2001.........  11/15/2001, 66 FR   52.1100(c)(167).
                                                                           57395.
Kaydon Ring and Seal, Inc.......  Consent Order.....  3/5/2004..........  8/31/2004, 69 FR    (c)(190).
                                                                           53002.
Perdue Farms, Inc...............  Consent Order.....  2/1/2005..........  1/11/2007, 72 FR    52.1070(d)(1).
                                                                           1291.
GenOn Chalk Point Generating      The 2011 Consent    3/10/2011.........  5/4/2012, 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.
Raven Power Fort Smallwood, LLC-- Consent Agreement   2/28/2016.........  5/8/2017, 82 FR
 Brandon Shores units 1 and 2;     and NOX Averaging                       21309.
 and H. A. Wagner units 1, 2, 3,   Plan.
 and 4.
----------------------------------------------------------------------------------------------------------------

    (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        9/20/1995.........  10/30/1995, 60 FR   52.1075(a) CO.
                                   Baltimore Ozone                         55321.
                                   Nonattainment
                                   Area 1990.
1990 Base Year Emissions          Metropolitan        3/21/1994.........  1/30/1996, 61 FR    52.1075(b) CO.
 Inventory.                        Washington Ozone   10/12/1995........   2931.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          All ozone           3/21/1994.........  9/27/1996, 61 FR    52.1075(c) VOC,
 Inventory.                        nonattainment                           50715.              NOX, CO.
                                   areas.
1990 Base Year Emissions          Kent & Queen        3/21/1994.........  9/27/1996, 61 FR    52.1075(d) VOC,
 Inventory.                        Anne's Counties.                        50715.              NOX, CO.
1990 Base Year Emissions          Metropolitan        3/21/1994.........  4/23/1997, 62 FR    52.1075(e) VOC,
 Inventory.                        Washington Ozone                        19676.              NOX, CO.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Metropolitan        12/24/1997........  7/8/1998, 63 FR     52.1075(f) VOC,
 Inventory.                        Washington Ozone                        36854.              NOX.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Metropolitan        12/24/1997........  2/3/2000, 65 FR     52.1075(g) VOC,
 Inventory.                        Baltimore Ozone                         5245.               NOX.
                                   Nonattainment
                                   Area.
1990 Base Year Emissions          Philadelphia-       12/24/1997,.......  2/3/2000, 65 FR     52.1075(h) VOC,
 Inventory.                        Wilmington-        4/29/1998,........   5252,.              NOX.
                                   Trenton Ozone      12/21/1999,.......  9/19/2001, 66 FR
                                   Nonattainment      12/28/2000........   48209.
                                   Area (Cecil
                                   County).
15% Rate of Progress Plan.......  Philadelphia-       7/12/1995, 95-20.  7/29/1997, 62 FR    52.1076(a).
                                   Wilmington-                             40457.
                                   Trenton Ozone
                                   Nonattainment
                                   Area (Cecil
                                   County).
Stage II Vapor Recovery           Western Maryland &  11/5/1997.........  12/9/1998, 63 FR    52.1076(b).
 Comparability Plan.               Eastern Shore                           67780.
                                   Counties.
15% Rate of Progress Plan.......  Metropolitan        10/7/1998.........  2/3/2000, 65 FR     52.1076(c).
                                   Baltimore Ozone                         5245.
                                   Nonattainment
                                   Area.
15% Rate of Progress Plan.......  Metropolitan        5/5/1998..........  7/19/2000, 65 FR    52.1076(d).
                                   Washington Ozone                        44686.
                                   Nonattainment
                                   Area.
Post-1996 Rate of Progress Plan   Philadelphia-       12/24/1997,.......  2/3/2000, 65 FR     52.1076(f).
 & contingency measures.           Wilmington-        4/24/1998.........   5252.
                                   Trenton Ozone
                                   Nonattainment
                                   Area (Cecil
                                   County).
                                                      8/18/1998,........  9/19/2001, 66 FR
                                                      12/21/1999........   44809.
                                                      12/28/2000,.......  4/15/2004, 69 FR    52.1076(f)(3).
                                                      3/8/2004..........   19939.

[[Page 57]]

 
Ozone Attainment Plan...........  Philadelphia-       4/29/1998,........  10/29/2001, 66 FR   52.1076(h).
                                   Wilmington-        8/18/1998,........   54578.
                                   Trenton Ozone      12/21/1999,.......
                                   Nonattainment      12/28/2000,.......
                                   Area (Cecil        8/31/2001.........
                                   County).
                                                      9/2/2003..........  10/27/2003, 68 FR
                                                                           61103.
Transportation Conformity         Philadelphia-       4/29/1998,........  10/29/2001, 66 FR   52.1076(i).
 Budgets.                          Wilmington-        8/18/1998,........   54578.
                                   Trenton Ozone      12/21/1999,.......
                                   Nonattainment      12/28/2000........
                                   Area (Cecil
                                   County).
Post-1996 Rate of Progress Plan   Metropolitan        12/24/1997,.......  9/26/2001, 66 FR    52.1076(j).
 & contingency measures.           Baltimore Ozone    4/24/1998,........   49108.
                                   Nonattainment      8/18/1998,........
                                   Area.              12/21/1999,.......
                                                      12/28/2000........
Ozone Attainment Plan...........  Metropolitan        4/29/1998,........  10/30/2001, 66 FR   52.1076(k).
                                   Baltimore Ozone    8/18/1998,........   54666.
                                   Nonattainment      12/21/1999,.......
                                   Area.              12/28/2000,.......
                                                      8/31/2001.........
                                                      9/2/2003..........  10/27/2003, 68 FR   52.1076(k).
                                                                           61103.
Mobile budgets..................  Metropolitan        8/31/2001.........  10/30/2001, 66 FR   52.1076(l).
                                   Baltimore Ozone                         54666.
                                   Nonattainment
                                   Area.
                                                      9/2/2003..........  10/27/2003, 68 FR
                                                                           61103.
Mobile budgets (2005)...........  Metropolitan        9/2/2003..........  10/27/2003, 68 FR   52.1076(m).
                                   Baltimore Ozone                         61103.
                                   Nonattainment
                                   Area.
                                  Philadelphia-
                                   Wilmington-
                                   Trenton Ozone
                                   Nonattainment
                                   Area (Cecil
                                   County).
Mobile budgets (2005 Rate of      Metropolitan        11/3/2003.........  2/13/2004, 69 FR    52.1076(n).
 Progress Plan).                   Baltimore Ozone                         7133.
                                   Nonattainment
                                   Area.
Extension for incorporation of    All ozone           7/9/2002..........  1/16/2003, 68 FR    52.1078(b).
 the on-board diagnostics (OBD)    nonattainment                           2208.
 testing program into the          areas.
 Maryland I/M SIP.
Photochemical Assessment          Metropolitan        3/24/1994.........  9/11/1995, 60 FR    52.1080.
 Monitoring Stations (PAMS)        Baltimore and                           47081.
 Program.                          Metropolitan
                                   Washington Ozone
                                   Nonattainment
                                   Areas.
Consultation with Local           All nonattainment   10/8/1981.........  4/8/1982, 47 FR     52.1100(c)(63).
 Officials (CAA Sections 121 &     & PSD areas.                            15140.
 127).
Lead (Pb) SIP...................  City of Baltimore.  10/23/1980........  2/23/1982, 47 FR    52.1100(c)(60),
                                                                           7835.               (61).
TM90-01--``Continuous Emission   Statewide.........  9/18/1991.........  2/28/1996, 61 FR    52.1100(c)(106);
 Monitoring Policies and                                                   7418.               approved into SIP
 Procedures''--October 1990.                                                                   as ``additional
                                                                                               material'', but
                                                                                               not IBR'd.
Carbon Monoxide Maintenance Plan  City of Baltimore-- 9/20/1995.........  10/31/1995, 60 FR   52.1100(c)(117).
                                   Regional Planning  7/15/2004.........   55321.             Revised Carbon
                                   District 118.      7/15/2004.........  4/4/2005, 70 FR      Monoxide
                                                                           16958.              Maintenance Plan
                                                                                               Base Year
                                                                                               Emissions
                                                                                               Inventory using
                                                                                               MOBILE6.
Carbon Monoxide Maintenance Plan  Montgomery County   10/12/1995........  1/30/1996, 61 FR    52.1100(c)(118).
                                   Election           3/3/2004..........   2931.              Revised Carbon
                                   Districts 4, 7,                        4/04/2005, 70 FR     Monoxide
                                   and 13; Prince                          16958.              Maintenance Plan
                                   Georges County                                              Base Year
                                   Election                                                    Emissions
                                   Districts 2, 6,                                             Inventory using
                                   12, 16, 17, and                                             MOBILE6.
                                   18.
Ozone Maintenance Plan..........  Kent and Queen      2/4/2004..........  10/21/2004, 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-    12/20/1997,.......  5/16/2005, 70 FR    Only the TCMs in
 SIP and the Transportation        hour ozone         5/20/1999.........   25688.              Appendix H of the
 Control Measures (TCMs) in        nonattainment                                               5/20/1999
 Appendix H.                       area.                                                       revision.

[[Page 58]]

 
                                                                                              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-    9/2/2003,.........  5/16/2005, 70 FR    .
 Revisions.                        hour ozone         2/24/2004.........   25688.
                                   nonattainment
                                   area.
1999-2005 Rate-of-Progress Plan   Washington DC 1-    9/2/2003,.........  5/16/2005, 70 FR    Only the TCMs in
 SIP Revision and the              hour ozone         2/24/2004.........   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-    9/2/2003,.........  5/16/2005, 70 FR
                                   hour ozone         2/24/2004.........   25688.
                                   nonattainment
                                   area.
Contingency Measure Plan........  Washington, DC      9/2/2003,.........  5/16/2005, 70 FR
                                   Area.              2/24/2004.........   25688.
1-hour Ozone Modeled              Washington DC 1-    9/2/2003,.........  5/16/2005, 70 FR
 Demonstration of Attainment.      hour ozone         2/24/2004.........   25688.
                                   nonattainment
                                   area.
Attainment Demonstration and      Washington County.  12/20/2004,.......  8/17/2005, 70 FR
 Early Action Plan for the                            2/28/2005.........   48283.
 Washington County Ozone Early
 Action Compact Area.
1-Hour Ozone Attainment Plan....  Washington DC 1-    9/2/2003,.........  11/16/2005, 70 FR
                                   hour ozone         2/24/2004.........   69440.
                                   nonattainment
                                   area.
8-Hour Ozone Maintenance Plan     Kent and Queen      5/2/2006,.........  12/22/2006, 71 FR
 for the Kent and Queen Anne's     Anne's Counties.   5/19/2006.........   76920.
 Area.
Reasonable Further Progress Plan  Baltimore 1997 8-   6/4/2007..........  6/4/2010, 75 FR
 (RFP), Reasonably Available       hour ozone                              31709.
 Control Measures, and             moderate
 Contingency Measures.             nonattainment
                                   area.
2002 Base Year Inventory for      Baltimore 1997 8-   6/4/2007..........  6/4/2010, 75 FR
 VOC, NOX, and CO.                 hour ozone                              31709.
                                   moderate
                                   nonattainment
                                   area.
2008 RFP Transportation           Baltimore 1997 8-   6/4/2007..........  6/4/2010, 75 FR
 Conformity Budgets.               hour ozone                              31709.
                                   moderate
                                   nonattainment
                                   area.
Reasonable Further Progress Plan  Maryland portion    6/4/2007..........  6/11/2010, 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    6/4/2007..........  6/11/2010, 75 FR
 VOC, NOX, and CO.                 of the                                  33172.
                                   Philadelphia 1997
                                   8-hour ozone
                                   moderate
                                   nonattainment
                                   area.
2008 RFP Transportation           Maryland portion    6/4/2007..........  6/11/2010, 75 FR
 Conformity Budgets.               of the                                  33172.
                                   Philadelphia 1997
                                   8-hour ozone
                                   moderate
                                   nonattainment
                                   area.
Reasonable Further Progress Plan  Washington DC-MD-   6/12/2007.........  9/20/2011, 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-   6/12/2007.........  9/20/2011, 76 FR
 VOC, NOX, and CO.                 VA 1997 8-hour                          58116..
                                   ozone moderate
                                   nonattainment
                                   area.

[[Page 59]]

 
2008 RFP Transportation           Washington DC-MD-   6/12/2007.........  9/20/2011, 76 FR
 Conformity Budgets.               VA 1997 8-hour                          58116.
                                   ozone moderate
                                   nonattainment
                                   area.
Section 110(a)(2) Infrastructure  Statewide.........  7/27/07,..........  11/25/2011, 76 FR   This action
 Requirements for the 1997 8-                         11/30/2007,.......   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).
                                                      7/31/2009,........  8/2/2012, 77 FR     This action
                                                      6/23/2011.........   45949.              addresses the
                                                                                               following CAA
                                                                                               elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(C),
                                                                                               (D)(i)(II), and
                                                                                               (J).
Section 110(a)(2) Infrastructure  Statewide.........  4/3/2008,.........  11/25/2011, 76 FR   This action
 Requirements for the 1997 PM2.5                      4/16/2010.........   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).
                                                      7/31/2009,........  8/2/2012, 77 FR     This action
                                                      6/23/2011.........   45949.              addresses the
                                                                                               following CAA
                                                                                               elements or
                                                                                               portions thereof:
                                                                                               110(a)(2)(C),
                                                                                               (D)(i)(II), and
                                                                                               (J).
Section 110(a)(2) Infrastructure  Statewide.........  4/16/2010,........  11/25/2011, 76 FR   This action
 Requirements for the 2006 PM2.5                      7/21/2010.........   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).
                                                      7/31/2009,........  8/2/2012, 77 FR     This action
                                                      6/23/2011.........   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.........  10/17/2011........  7/13/2012, 77 FR
 NAAQS.                                                                    41278.
Maryland Regional Haze Plan.....  Statewide.........  2/13/2012.........  7/6/2012, 77 FR
                                                                           33938.
2002 Base Year Emissions          Maryland portion    4/3/2008..........  10/10/2012, 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-           6/4/2007..........  10/29/2012, 77 FR
 1997 8-Hour Ozone National        Philadelphia-                           65488.
 Ambient Air Quality Standard      Wilmington-
 and its Associated Motor          Atlantic City
 Vehicle Emissions Budgets.        Moderate
                                   Nonattainment
                                   Area.
2002 Base Year Emissions          Washington County,  6/6/2008..........  12/7/2012, 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,          6/8/2008..........  12/10/2012, 77 FR   Sec. 52.1075(n)
 Inventory for the 1997 fine       Maryland 1997                           73313.
 particulate matter (PM2.5)        PM2.5
 standard.                         nonattainment
                                   area.
Section 110(a)(2) Infrastructure  Statewide.........  8/14/2013.........  7/14/2014, 79 FR    This action
 Requirements for the 2010                                                 40665.              addresses the
 Nitrogen Dioxide NAAQS.                                                                       following CAA
                                                                                               elements:
                                                                                               110(a)(2) (A),
                                                                                               (B), (C), (D),
                                                                                               (E), (F), (G),
                                                                                               (H), (J), (K),
                                                                                               (L), and (M).

[[Page 60]]

 
Section 110(a)(2) Infrastructure  Statewide.........  1/3/2013..........  7/16/2014, 79 FR    This action
 Requirements for the 2008 Lead                       8/14/2013.........   41437.              addresses the
 NAAQS.                                                                                        following CAA
                                                                                               elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C), (D),
                                                                                               (E), (F), (G),
                                                                                               (H), (J), (K),
                                                                                               (L) and (M)
Maintenance plan for the          Statewide.........  7/10/2013.........  10/6/2014, 79 FR    See Sec.
 Maryland Portion of the                              7/26/2013.........   60084.              52.1081(d)
 Washington, DC-MD-VA
 Nonattainment Area for the 1997
 annual fine particulate matter
 (PM2.5) National Ambient Air
 Quality Standard.
Infrastructure Requirements for   Statewide.........  12/27/2012........  10/16/2014,79 FR    This action
 the 2008 Ozone NAAQS.                                                     62018.              addresses the
                                                                                               following CAA
                                                                                               elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(i)(II),
                                                                                               D(ii), (E), (F),
                                                                                               (G), (H), (J),
                                                                                               (K), (L), and (M)
1997 Annual fine particulate      Baltimore, MD 1997  12/12/2013........  12/16/2014, 79 FR   See Sec.
 (PM2.5) Maintenance Plan for      annual PM2.5                            75033.              52.2526(k) and
 the Baltimore, MD Area.           nonattainment                                               Sec.
                                   area.                                                       52.2531(h).
1997 Annual fine particulate      Washington County.  12/12/2013........  12/16/2014, 79 FR   See Sec.
 (PM2.5) Maintenance Plan for                                              75037.              52.2526(k) and
 the Maryland portion of the                                                                   Sec.
 Martinsburg WV-Hagerstown, MD                                                                 52.2531(h).
 Area.
Attainment Demonstration          Washington, DC-MD-  6/4/2007..........  4/10/2015, 80 FR    2010 motor vehicle
 Contingency Measure Plan.         VA 1997 8-Hour                          19218.              emissions budgets
                                   Ozone                                                       of 144.3 tons per
                                   Nonattainment                                               day (tpd) NOX.
                                   Area.
8-hour Ozone Modeled              Washington, DC-MD-  6/4/2007..........  4/10/2015, 80 FR    2009 motor vehicle
 Demonstration of Attainment and   VA 1997 8-Hour                          19218.              emissions budgets
 Attainment Plan for the 1997      Ozone                                                       of 66.5 tons per
 ozone national ambient air        Nonattainment                                               day (tpd) for VOC
 quality standards.                Area.                                                       and 146.1 tpd of
                                                                                               NOX.
2011 Base Year Emissions          Maryland portion    8/4/2014..........  5/13/2015, 80 FR    Sec. 52.1075(o).
 Inventory for the 2008 8-hour     of the                                  27258.
 Ozone standard.                   Washington, DC-MD-
                                   VA 2008 ozone
                                   nonattainment
                                   area.
Negative Declaration for the      Statewide.........  6/25/2015.........  12/11/2015, 80 FR
 Automobile and Light-Duty Truck                                           76862.
 Assembly Coatings CTG.
Serious Area Reasonable Further   Baltimore 1997 8-   7/22/2013.........  8/1/2016, 81 FR     Sec. 52.1076(cc)
 Progress (RFP) Plan and 2012      hour ozone                              50362.
 RFP Contingency Measures.         serious
                                   nonattainment
                                   area.
Updates to the 2002 Base Year     Baltimore 1997 8-   7/22/2013.........  8/1/2016, 81 FR     Sec. 52.1075(p)
 Inventory for VOC, NOX and CO.    hour ozone                              50362.
                                   serious
                                   nonattainment
                                   area.
2012 Transportation Conformity    Baltimore 1997 8-   7/22/2013.........  8/1/2016, 81 FR     Sec. 52.1076(dd)
 Budgets.                          hour ozone                              50362.
                                   serious
                                   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:

[[Page 61]]



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


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



Sec. 52.1072  [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, 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).

[[Page 62]]

    (f) EPA approves as a revision to the Maryland State Implementation 
Plan an amendment to the 1990 base year emission inventories for the 
Maryland portion of the Metropolitan Washington DC ozone nonattainment 
area submitted by the Secretary of Maryland of the Department 
Environment on December 24, 1997. This submittal consists of amendments 
to the 1990 base year point, area, highway mobile, and non-road mobile 
source emission inventories in the area for the following pollutants: 
Volatile organic compounds (VOC), and oxides of nitrogen 
(NOX).
    (g) EPA approves revisions to the Maryland State Implementation Plan 
amending the 1990 base year emission inventories for the Baltimore ozone 
nonattainment area, submitted by the Secretary of Maryland Department of 
the Environment on December 24, 1997. This submittal consists of 
amendments to the 1990 base year point, area, highway mobile and non-
road mobile source emission inventories for volatile organic compounds 
and nitrogen oxides in the Baltimore ozone nonattainment area.
    (h) EPA approves revisions to the Maryland State Implementation Plan 
amending the 1990 base year emission inventories for the Cecil County 
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area, 
submitted by the Secretary of the Maryland Department of the Environment 
on December 24, 1997. This submittal consists of amendments to the 1990 
base year point, area, highway mobile and non-road mobile source 
emission inventories for volatile organic compounds and nitrogen oxides 
in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area.
    (i) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventories for the Baltimore 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of the 
Maryland Department of the Environment on June 4, 2007. This submittal 
consists of the 2002 base year point, area, non-road mobile, and on-road 
mobile source inventories in area for the following pollutants: Volatile 
organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides 
(NOX).
    (j) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventories for the Maryland portion 
of the Philadelphia 1997 8-hour ozone moderate nonattainment area 
submitted by the Secretary of the Maryland Department of the Environment 
on June 4, 2007. This submittal consists of the 2002 base year point, 
area, non-road mobile, and on-road mobile source inventories in area for 
the following pollutants: volatile organic compounds (VOC), carbon 
monoxide (CO) and nitrogen oxides (NOX).
    (k) EPA approves as a revision to the Maryland State Implementation 
Plan the 2002 base year emissions inventories for the Washington DC-MD-
VA 1997 8-hour ozone moderate nonattainment area submitted by the 
Secretary 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

[[Page 63]]

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).
    (o) EPA approves as a revision to the Maryland State Implementation 
Plan the 2011 base year emissions inventory for the Maryland portion of 
the Washington, DC-MD-VA 2008 8-hour ozone nonattainment area submitted 
by the Maryland Department of Environment on August 4, 2014. The 2011 
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 carbon monoxide (CO), 
nitrogen oxides (NOX) and volatile organic compounds (VOC).
    (p) EPA approves, as a revision to the Maryland State Implementation 
Plan, updates to the 2002 base year emissions inventories previously 
approved under paragraph (i) of this section for the Baltimore 1997 8-
hour ozone serious nonattainment area (Area) submitted by the Secretary 
of the Maryland Department of the Environment on July 22, 2013. This 
submittal consists of updated 2002 base year point, area, non-road 
mobile, and on-road mobile source inventories in the Area for the 
following pollutants: Volatile organic compounds (VOC), carbon monoxide 
(CO) and nitrogen oxides (NOX).

[60 FR 55326, Oct. 31, 1995]

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



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

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

[[Page 64]]

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

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

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

[[Page 65]]

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

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

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

[[Page 66]]

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

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

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

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

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

[[Page 67]]



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

    (aa) EPA approves revisions to the Maryland State Implementation 
Plan consisting of the attainment demonstration required under 40 CFR 
51.908 demonstrating attainment of the 1997 ozone NAAQS by the 
applicable attainment date of June 15, 2010 and the failure to attain 
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.
    (bb) EPA approves the following 2009 attainment demonstration and 
2010 motor vehicle emissions budgets (MVEBs) for the Washington, DC-MDVA 
1997 8-hour ozone moderate nonattainment area submitted by the Secretary 
of the Maryland Department of the Environment on June 4, 2007:

[[Page 68]]



                  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
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration............            2009             66.5            146.1   February 22, 2013 (78
                                                                                          FR 9044), published
                                                                                          February 7, 2013.
Contingency Measures Plan...........            2010   ...............           144.3   February 22, 2013 (78
                                                                                          FR 9044), published
                                                                                          February 7, 2013.
----------------------------------------------------------------------------------------------------------------

    (cc) EPA approves revisions to the Maryland State Implementation 
Plan consisting of the serious area reasonable further progress (RFP) 
plan for the Baltimore 1997 8-hour ozone serious nonattainment area, 
including 2011 and 2012 RFP milestones, updates to the 2008 RFP 
milestones previously approved by EPA under paragraph (q) of this 
section, and contingency measures for failure to meet 2012 RFP, 
submitted by the Secretary of the Maryland Department of the Environment 
on July 22, 2013.
    (dd) EPA approves the following 2012 RFP motor vehicle emissions 
budgets (MVEBs) for the Baltimore 1997 8-hour ozone serious 
nonattainment area, in tons per day (tpd) of volatile organic compounds 
(VOC) and nitrogen oxides (NOX), submitted by the Secretary 
of the Maryland Department of the Environment on July 22, 2013:

                       Transportation Conformity Emissions Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
                                                                                            Effective date of
    Type of control strategy SIP            Year          VOC (tpd)        NOX (tpd)      adequacy determination
                                                                                             or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan...............            2012             40.2             93.5   March 8, 2016 (81 FR
                                                                                          8711), published
                                                                                          February 22, 2016.
----------------------------------------------------------------------------------------------------------------


[62 FR 40458, July 29, 1997]

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



Sec. 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,

[[Page 69]]

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.
    (d) Maintenance Plan and Transportation Conformity Budgets. EPA 
approves the maintenance plan for the Maryland portion of the 
Washington, DC-MD-VA nonattainment area for the 1997 annual 
PM2.5 NAAQS submitted by the State of Maryland for the entire 
Area on July 10, 2013 and supplemented on July 26, 2013. The maintenance 
plan includes motor vehicle emission budgets (MVEBs) to be applied to 
all future transportation conformity determinations and analyses for the 
entire Washington, DC-MD-VA PM2.5 Area for the 1997 
PM2.5 NAAQS. The MVEBs are based on a tiered approach: Tier 1 
MVEBs are effective as EPA has determined them adequate for 
transportation conformity purposes; Tier 2 mobile budgets will become 
effective upon the completion of the interagency consultation process 
and fully documented within the first conformity analysis that uses the 
Tier 2 MVEBs.

 Washington, DC-MD-VA PM2.5 Area's Tier 1 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                                      Effective
           Type of control strategy SIP                  Year             NOX            PM2.5       date of SIP
                                                                                                      approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan..................................            2017          41,709           1,787      11/5/14
                                                              2025          27,400           1,350
----------------------------------------------------------------------------------------------------------------


                     Washington, DC-MD-VA PM2.5 Area's Tier 2 Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Type of control strategy SIP               Year             NOX            PM2.5                    Effective date of SIP approval
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maintenance Plan.............................            2017          50,051           2,144  Contingent and effective upon interagency consultation.
                                                         2025          32,880           1,586
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (e) Maintenance Plan and Transportation Conformity Budgets. EPA 
approves the maintenance plan for the Baltimore, MD nonattainment area 
for the 1997 annual PM2.5 NAAQS submitted by the State of 
Maryland on December 12, 2013. The maintenance plan includes motor 
vehicle emission budgets (MVEBs) to be applied to all future 
transportation conformity determinations and analyses for the Baltimore, 
MD Area for the 1997 PM2.5 NAAQS.

           Baltimore, MD Area's Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective date
                Type of control strategy SIP                    Year         NOX        PM2.5    of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...........................................        2017   29,892.01    1,218.60        12/16/14
                                                                   2025   21,594.96    1,051.39
----------------------------------------------------------------------------------------------------------------


[[Page 70]]

    (f) Maintenance Plan and Transportation Conformity Budgets. EPA 
approves the maintenance plan for the Maryland portion of the 
Martinsburg, WV-Hagerstown, MD nonattainment area for the 1997 annual 
PM2.5 NAAQS submitted by the State of Maryland on December 
12, 2013. The maintenance plan includes motor vehicle emission budgets 
(MVEBs) to be applied to all future transportation conformity 
determinations and analyses for the Maryland portion of the Martinsburg, 
WV-Hagerstown, MD Area for the 1997 PM2.5 NAAQS.

   Maryland Portion of the Martinsburg, WV-Hagerstown, MD Area's Motor Vehicle Emissions Budgets for the 1997
                                            Annual PM2.5 NAAQS, (tpy)
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective date
                Type of control strategy SIP                    Year         NOX        PM2.5    of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...........................................        2017    4,057.00      149.63        12/16/14
                                                                   2025    2,774.63       93.35
----------------------------------------------------------------------------------------------------------------


[74 FR 1148, Jan. 12, 2009, as amended at 74 FR 60203, Nov. 20, 2009; 77 
FR 30212, May 22, 2012; 79 FR 60084, Oct. 6, 2014; 79 FR 75034, 75037, 
Dec. 16, 2014]



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 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

[[Page 71]]

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.
    (h) EPA has determined, as of May 26, 2015, that based on 2012 to 
2014 ambient air quality data, the Baltimore nonattainment area has 
attained the 1997 8-hour ozone NAAQS. This determination, in accordance 
with 40 CFR 51.1118, suspends the requirement 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.
    (i) EPA has determined, as of June 1, 2015, that based on 2012 to 
2014 ambient air quality data, the Baltimore nonattainment area has 
attained the 2008 8-hour ozone NAAQS. This determination, in accordance 
with 40 CFR 51.1118, suspends the requirement 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 8-hour ozone NAAQS.

[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; 80 FR 29972, May 26, 2015; 80 FR 30946, June 1, 2015]



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 CSAPR 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 CSAPR 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 CSAPR 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 CSAPR NOX Annual 
allowances to units in the State for each such control period shall 
continue to apply, unless provided otherwise by such approval of the 
State's SIP revision.
    (b)(1) The owner and operator of each source and each unit located 
in the State of Maryland and for which requirements are set forth under 
the CSAPR NOX Ozone Season Group 1

[[Page 72]]

Trading Program in subpart BBBBB of part 97 of this chapter must comply 
with such requirements with regard to emissions occurring in 2015 and 
2016.
    (2) 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 
CSAPR NOX Ozone Season Group 2 Trading Program in subpart 
EEEEE of part 97 of this chapter must comply with such requirements with 
regard to emissions occurring in 2017 and each subsequent year. 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 CSAPR Federal Implementation Plan 
(FIP) under Sec. 52.38(b), except to the extent the Administrator's 
approval is partial or conditional, provided that because the CSAPR FIP 
was promulgated as a partial rather than full remedy for an obligation 
of the State to address interstate air pollution, the SIP revision 
likewise will constitute a partial rather than full remedy for the 
State's obligation unless provided otherwise in the Administrator's 
approval of the SIP revision.
    (3) Notwithstanding the provisions of paragraph (b)(2) of this 
section, if, at the time of the approval of Maryland's SIP revision 
described in paragraph (b)(2) of this section, the Administrator has 
already started recording any allocations of CSAPR NOX Ozone 
Season Group 2 allowances under subpart EEEEE of part 97 of this chapter 
to units in the State for a control period in any year, the provisions 
of subpart EEEEE of part 97 of this chapter authorizing the 
Administrator to complete the allocation and recordation of CSAPR 
NOX Ozone Season 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 48366, Aug. 8, 2011, as amended at 81 FR 74586, 74596, Oct. 26, 
2016]



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 
CSAPR 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 CSAPR 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 CSAPR 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 CSAPR 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, as amended at 81 FR 74586, Oct. 26, 2016]



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

[[Page 73]]

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. 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.

[[Page 74]]

    (2) [Reserved]
    (3) Massachusetts submitted an infrastructure State Implementation 
Plan (ISIP) for the 1997 ozone national ambient air quality standard 
(NAAQS) on December 14, 2007, submitted an ISIP for the 2008 Pb NAAQS on 
December 4, 2012, and submitted ISIPs for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS on June 6, 2014. On June 
14, 2016, Massachusetts submitted a letter committing to add a 
definition of NAAQS to Massachusetts regulation 310 CMR 7.00, and to 
submit the amended version of this regulation to EPA as a SIP revision 
request, by a date no later than one year from the effective date of 
EPA's actions on these ISIPs. In light of this commitment, the portion 
of the Commonwealth's ISIP submittals mentioned above made to address 
Clean Air Act section 110(a)(2)(A), Emission limits and other control 
measures, is conditionally approved.
    (4) Massachusetts submitted an infrastructure State Implementation 
Plan (ISIP) for the 1997 ozone national ambient air quality standard 
(NAAQS) on December 14, 2007, submitted an ISIP for the 2008 Pb NAAQS on 
December 4, 2012, and submitted ISIPs for the 2008 ozone, 2010 
NO2, and 2010 SO2 NAAQS on June 6, 2014. On June 
14, 2016, Massachusetts submitted a letter committing to submit portions 
of 310 CMR 7.00: Appendix A: Emission Offsets and Nonattainment Review, 
to EPA as a SIP revision request, by a date no later than one year from 
the effective date of EPA's actions on these ISIPs. In light of this 
commitment, the portions of the Commonwealth's ISIP submittals mentioned 
above made to address Clean Air Act section 110 (a)(2)(D)(i)(II), PSD, 
is conditionally approved.
    (5) Massachusetts submitted an infrastructure State Implementation 
Plan (ISIP) for the 1997 ozone national ambient air quality standard 
(NAAQS) on December 14, 2007, and submitted ISIPs for the 2008 ozone and 
2010 SO2 NAAQS on June 6, 2014. On June 14, 2016, 
Massachusetts submitted a letter committing to submit 310 CMR 8.00, The 
Prevention and/or Abatement of Air Pollution Episode and Air Pollution 
Incident Emergencies, to EPA as a SIP revision request, by a date no 
later than one year from the effective date of EPA's actions on these 
ISIPs. In light of this commitment, the portions of the Commonwealth's 
ISIP submittals mentioned above made to address Clean Air Act section 
110 (a)(2)(G), Emergency power, is conditionally approved.

[59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996; 
65 FR 19326, Apr. 11, 2000; 81 FR 93623, Dec. 21, 2016]



Sec. 52.1120  Identification of plan.

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

[[Page 75]]

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 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

[[Page 76]]

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.
    (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

[[Page 77]]

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.
    (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

[[Page 78]]

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 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.

[[Page 79]]

    (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.
    (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.

[[Page 80]]

    (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, 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.

[[Page 81]]

    (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.
    (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

[[Page 82]]

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.
    (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.

[[Page 83]]

    (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.
    (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.

[[Page 84]]

    (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.
    (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.

[[Page 85]]

    (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.
    (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.

[[Page 86]]

    (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 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.

[[Page 87]]

    (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.
    (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

[[Page 88]]

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.
    (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

[[Page 89]]

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.
    (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

[[Page 90]]

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.
    (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.

[[Page 91]]

    (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,'' ``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

[[Page 92]]

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]
    (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.

[[Page 93]]

    (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.
    (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).''

[[Page 94]]

    (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 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.

[[Page 95]]

    (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'' 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;

[[Page 96]]

    (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;
    (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:

[[Page 97]]

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.
    (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.

[[Page 98]]

    (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) 
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),

[[Page 99]]

``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.
    (142) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority; 
Legend; Preamble; Definitions,'' the definition for volatile organic 
compound, effective on March 6, 2009.
    (B) Massachusetts Regulation 310 CMR 7.00, Appendix B, ``U Emissions 
Banking, Trading, and Averaging,'' section (4), ``Emissions Averaging 
(Bubble),'' paragraph (b)7, effective August 30, 2013.
    (C) Massachusetts Regulation 310 CMR 7.18, ``U Volatile and 
Halogenated Organic Compounds,'' section (1), ``U Applicability and 
Handling Requirements,'' paragraphs (d) and (f); section (2), ``U 
Compliance with Emission Limitations,'' paragraphs (b), (e), and (f); 
section (20), ``Emission Control Plans for Implementation of Reasonably 
Available Control Technology,'' paragraph (a); and section (30), 
``Adhesives and Sealants;'' effective August 30, 2013.
    (D) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available 
Control Technology (RACT) for Sources of Oxides of Nitrogen 
(NOX),'' section (1), ``Applicability,'' paragraph (c)9, 
effective August 30, 2013.
    (E) Massachusetts Regulation 310 CMR 7.25, ``U Best Available 
Controls for Consumer and Commercial Products,'' effective October 19, 
2007.
    (143) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 6, 
2013.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.36 entitled ``U Transit 
System Improvements,'' effective in the Commonwealth of Massachusetts on 
October 25, 2013.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 6, 2013 submitting a revision to the 
Massachusetts State Implementation Plan.
    (144) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on May 5, 2015.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 7.00 entitled ``Air Pollution Control: 
Definitions,'' the definitions listed below, effective January 2, 2015, 
as published in the Massachusetts Register, Issue S1277, January 2, 
2015:
    (1) Aboveground Storage Tank or AST;
    (2) Business Day;
    (3) California Air Resources Board (or California ARB or CARB);
    (4) Commence Operations;
    (5) Emergency Motor Vehicle;
    (6) Emergency Situation;
    (7) Executive Order;
    (8) Minor Modification;
    (9) Monthly Throughput;
    (10) Motor Vehicle;
    (11) Motor Vehicle Fuel;
    (12) Motor Vehicle Fuel Dispensing Facility;
    (13) Responsible Official;
    (14) Routine Maintenance;
    (15) Stage I CARB Enhanced Vapor Recovery (EVR) Component or EVR;
    (16) Stage I CARB Enhanced Vapor Recovery (EVR) System;
    (17) Stage I Component Enhanced Vapor Recovery (EVR) System;
    (18) Stage I Minor Modification;
    (19) Stage I Non-Enhanced Vapor Recovery System;
    (20) Stage I Routine Maintenance;
    (21) Stage I Substantial Modification;
    (22) Stage I System;
    (23) Stage II Minor Modification;
    (24) Stage II Routine Maintenance;
    (25) Stage II Substantial Modification;
    (26) Stage II System;
    (27) Submerged Filling;
    (28) Tank Truck;
    (29) Vacuum Assist System;
    (30) Vapor;
    (31) Vapor Balance System;
    (32) Vapor-Mounted Seal; and
    (33) Vapor-Tight.
    (B) Regulation 310 CMR 7.24, ``Organic Material Storage and 
Distribution,'' the sections listed below, effective January 2, 2015, as 
published in the

[[Page 100]]

Massachusetts Register, Issue S1277, January 2, 2015:
    (1) 7.24(3) ``Distribution of Motor Vehicle Fuel'';
    (2) 7.24(4) ``Motor Vehicle Fuel Tank Trucks''; and
    (3) 7.24(6) ``Dispensing of Motor Vehicle Fuel''.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated May 5, 2015, submitting a revision to the 
Massachusetts State Implementation Plan.
    (145) Revisions to the State Implementation Plan (SIP) submitted by 
the Massachusetts Department of Environmental Protection on December 14, 
2007. The submittal consists of an Infrastructure SIP for the 1997 ozone 
national ambient air quality standard.
    (146) Revisions to the State Implementation Plan (SIP) submitted by 
the Massachusetts Department of Environmental Protection on December 4, 
2012. The submittal consists of an Infrastructure SIP for the 2008 lead 
national ambient air quality standard.
    (147) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 6, 2014. 
The submittal consists of Infrastructure SIPs for the 2008 ozone, 2010 
NO2, and 2010 SO2 national ambient air quality 
standards.
    (i) Incorporation by reference.
    (A) Section 6, ``Financial interest of state employee, relative, or 
associates; disclosure,'' of the Massachusetts General Laws Annotated, 
chapter 268A, ``Conduct of Public Officials and Employees,'' as amended 
by Statute 1978, chapter 210, Sec. 9.
    (B) Section 6A, ``Conflict of interest of public officials; 
reporting requirement,'' of the Massachusetts General Laws Annotated, 
chapter 268A, ``Conduct of Public Officials and Employees,'' as amended 
by Statute 1984, chapter 189, Sec. 163.

[37 FR 10871, May 31, 1972]

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



Sec. 52.1121  Classification of regions.

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

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


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



Sec. 52.1122  [Reserved]



Sec. 52.1123  Approval status.

    (a) With the exceptions set forth in this subpart the Administrator 
approves the Massachusetts plan as identified in Sec. 52.1120 for 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act. Furthermore, the Administrator finds that the plan 
identified in Sec. 52.1120 satisfies all requirements of Part D, Title 
I of the Clean Air Act as amended in 1977, except as noted below. In 
addition, continued satisfaction of the requirements of Part D of the 
ozone portion of the SIP depends on the adoption and submittal of RACT 
requirements by July 1, 1980 for the sources covered by CTGs issued 
between January 1978 and January 1979 and adoption and submittal by each 
subsequent January of additional RACT requirements for sourceovered by 
CTGs issued by the previous January.

[[Page 101]]

    (b) The above requirements for continued satisfaction of Part D are 
fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative 
commitment to review CTG IIIs issued in the future. Both were submitted 
on September 9, 1982. Additionally, each individual RACT determination 
made under 310 CMR 7.18(17) will be submitted as a SIP revision to 
incorporate the limitation into the SIP, and DEQE will propose 
regulations for CTG III category controls if the controls are 
appropriate for the State.

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



Sec. 52.1124  Review of new sources and modifications.

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

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



Sec. 52.1125  Emission inventories.

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


[[Page 102]]

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

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

                           Pioneer Valley APCD

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

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

Strathmore Paper Co., Montague.

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

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

                       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

[[Page 103]]

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

                     Southeastern Massachusetts APCD

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

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

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

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

                        Metropolitan Boston APCD

General Motors, Framingham.
Polaroid Corporation, Norwood.
Bird and Son, East Walpole.
Massachusetts Correctional Institute, South Walpole.
Bridgewater State College, Bridgewater.
Hanscom Field, Bedford.
Wellesley College, Wellesley.
National Tanning and Trading, Peabody.
General Tire, Reading.
General Food Corporation, Atlantic Gelatin, Woburn.
Massachusetts Correctional Institute, Bridgewater.
W. R. Grace, Acton.
Massachusetts Correctional Institute, Concord.
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.

[[Page 104]]



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


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



Sec. 52.1128  Transportation and land use controls.

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

[[Page 105]]



Sec. 52.1129  Control strategy: Ozone.

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

[[Page 106]]

hour ozone nonattainment area has attained the 1997 eight-hour ozone 
standard. Under the provisions of EPA's ozone implementation rule (see 
40 CFR 51.918), this determination suspends the reasonable further 
progress and attainment demonstration requirements of section 182(b)(1) 
and related requirements of section 172(c)(9) of the Clean Air Act for 
as long as the area continues to attain the 1997 eight-hour ozone 
standard. If EPA determines, after notice-and comment rulemaking, that 
the Boston-Lawrence-Worcester, MA area no longer meets the 1997 ozone 
NAAQS, this determination shall be withdrawn.
    (h) Determinations of Attainment: Effective July 19, 2012.
    (1) Determination of Attainment. EPA is determining that the 
Springfield (Western Massachusetts) 8-hour ozone nonattainment area has 
attained the 1997 8-hour ozone standard. Under the provisions of EPA's 
ozone implementation rule (see 40 CFR 51.918), this determination 
suspends the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act for as long as the area continues to 
attain the 1997 8-hour ozone standard. If EPA determines, after notice-
and comment rulemaking, that the Western Massachusetts area no longer 
meets the 1997 ozone NAAQS, this determination shall be withdrawn.
    (2) Determination of Attainment by the Area's Attainment Date. EPA 
has determined that the Springfield (Western Massachusetts) 8-hour ozone 
nonattainment area met the applicable June 15, 2010 attainment deadline 
for the 1997 8-hour ozone standard.
    (i) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 31, 
2008. These revisions are for the purpose of satisfying the rate of 
progress requirement of section 182(b)(1) from 2002 through 2008, and 
the contingency measure requirement of sections 172(c)(9) and of the 
Clean Air Act, for the Boston-Lawrence-Worcester (E. MA) moderate 8-hour 
ozone nonattainment area, and the Springfield (W. MA) moderate 8-hour 
ozone nonattainment area. These revisions establish motor vehicle 
emission budgets for 2008 of 68.30 tons per day of volatile organic 
compounds (VOCs) and 191.30 tons per day of nitrogen oxides 
(NOX) to be used in transportation conformity in the Boston-
Lawrence-Worcester (E. MA) moderate 8-hour ozone nonattainment area. 
These revisions also establish motor vehicle emission budgets for 2008 
for the Springfield (W. MA) moderate 8-hour ozone nonattainment area of 
11.80 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.
    (k) Determination of attainment for the eight-hour ozone standard. 
Effective June 3, 2016, the EPA is determining that complete quality-
assured and certified ozone monitoring data for 2012 to 2014 show the 
Dukes County, Massachusetts eight-hour ozone nonattainment area attained 
the 2008 eight-hour ozone standard by its July 20, 2015 attainment 
deadline. Therefore, the 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. The 
EPA also determined that the Dukes County nonattainment area will not be 
reclassified for failure to attain by its applicable attainment date 
under section 181(b)(2)(A).

[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; 81 FR 26709, May 4, 
2016]

[[Page 107]]



Sec. 52.1130  [Reserved]



Sec. 52.1131  Control strategy: Particulate matter.

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

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



Sec. 52.1132  Control strategy: Carbon Monoxide.

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

[[Page 108]]

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

[[Page 109]]



Sec. 52.1133  [Reserved]



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

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

[[Page 110]]

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

[40 FR 25162, June 12, 1975]



Sec. 52.1135  Regulation for parking freeze.

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

[[Page 111]]

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

[[Page 112]]

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

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



Sec. Sec. 52.1136-52.1144  [Reserved]



Sec. 52.1145  Regulation on organic solvent use.

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

[[Page 113]]

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

[[Page 114]]

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

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



Sec. 52.1146  [Reserved]



Sec. 52.1147  Federal compliance schedules.

    (a) Except as provided in paragraph (c) of this section, the owner 
or operator of a source subject to regulation under paragraph (c)(1) of 
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of 
progress contained in the following schedule:
    (1) Final control plans for emission control systems or process 
modifications must be submitted on or before June 1, 1974, for sources 
subject to Sec. 52.1144(c)(1) and on or before May 1, 1974 for sources 
subject to Sec. 52.1145.
    (2) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modifications on or 
before March 1, 1975, for sources subject to Sec. 52.1144(c)(1) and on 
or before July 1, 1974, for sources subject to Sec. 52.1145.
    (3) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin on or before May 1, 
1975, for sources subject to Sec. 52.1144(c)(1) and on or before August 
15, 1974, for sources subject to Sec. 52.1145.
    (4) On-site construction or installation of emission control 
equipment or

[[Page 115]]

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

[[Page 116]]

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

[38 FR 30970, Nov. 8, 1973]

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



Sec. Sec. 52.1148-52.1158  [Reserved]



Sec. 52.1159  Enhanced Motor Vehicle Inspection and Maintenance.

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

[65 FR 69257, Nov. 16, 2000]



Sec. 52.1160  [Reserved]



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

[[Page 117]]

which the base number of single-passenger commuter vehicles at a 
particular employment facility or educational institution must be 
determined.
    (9) The Secretary means the Secretary of Transportation and 
Construction of the Commonwealth of Massachusetts.
    (b) Commencing with the effective date of this section, each 
employer and educational institution (except as provided below) shall 
diligently and expeditiously implement and thereafter continuously 
maintain the following mandatory measures which are designed to achieve 
a goal of reducing the number of single-passenger commuter vehicles 
customarily commuting daily to each affected facility as of its base 
date by 25 percent (or as adjusted pursuant to paragraph (g) of this 
section):
    (1) Making available to commuters any pass program offered by the 
Massachusetts Bay Transportation Authority, if any commuter to the 
facility uses the mass transit facilities of such Authority as part of 
his daily commuting trip, including making all administrative 
arrangements for commuters to purchase the pass and thereby participate 
in the pass program and encouraging commuters to participate by such 
means as publicizing the availability of the pass program and the cost 
advantages thereof.
    (2)-(8) [Reserved]

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



Sec. 52.1162  Regulation for bicycle use.

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

[[Page 118]]

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

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

[[Page 119]]

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

[40 FR 25168, June 12, 1975]



Sec. 52.1163  Additional control measures for East Boston.

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

[[Page 120]]

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

[[Page 121]]

and for fiscal management of such pass program.

[40 FR 25169, June 12, 1975]



Sec. 52.1164  Localized high concentrations--carbon monoxide.

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

[40 FR 25170, June 12, 1975]

[[Page 122]]



Sec. 52.1165  Significant deterioration of air quality.

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

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



Sec. 52.1166  [Reserved]



Sec. 52.1167  EPA-approved Massachusetts State regulations.

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

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

[[Page 123]]

 
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 124]]

 
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........  Definitions........     6/1/10      10/9/15  80 FR 61101         142   Approved update to
                                                                                              definition for
                                                                                              volatile organic
                                                                                              compound.
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          U Emissions            7/10/14      10/9/15  80 FR 61101         142   Approved amended
 Appendix B.           Banking, Trading,                                                      language regarding
                       and Averaging..                                                        emissions
                                                                                              averaging bubbles.
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 125]]

 
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 126]]

 
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 7.00........  Air Pollution           5/5/15     11/29/16  81 FR 85901         144   Revises definitions
                       Control:                                                               that relate to
                       Definitions.                                                           Stage I and Stage
                                                                                              II vapor recovery
                                                                                              systems.
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

[[Page 127]]

 
310 CMR               Organic material,     12/31/78      9/16/80  45 FR 61293          30
 7.02(12)(a)(b).       bulk plants and       5/16/79
                       terminals handling
                       organic material.
310 CMR               Gasoline liquid        12/2/83       3/8/84  49 FR 8611           56   Approved for
 7.02(12)(a)1e.        storage in                                                             secondary seals or
                       external floating                                                      equivalent weather
                       roof tanks.                                                            roofs.
310 CMR 7.02(12)(b)2  Stage I vapor          5/20/77      5/25/78  43 FR 22356          15   Provisions for
                       recovery.                                                              Pioneer APCD Stage
                                                                                              I vapor recovery.
                                            12/31/78      9/16/80  45 FR 61293          30
                                             5/16/79
                                             3/25/83       7/7/83  48 FR 31200          55   Exempt Berkshire
                                                                                              APCD.
310 CMR 7.02(12)(b)3  Stage I vapor         11/21/86      3/10/89  54 FR 10148          72   7.02(12)(b)3 is
                       recovery.             1/15/87                                          deleted.
310 CMR 7.02(12) (c)  Gasoline Tank          2/14/85      9/25/85  50 FR 38804          64   Tank trucks.
 and (d).              Trucks.               5/22/85
310 CMR 7.02(12)(d).  Test Methods          11/21/86      3/10/89  54 FR 10148          72   Requires EPA
                       applicable to 310     1/15/87                                          approved test
                       CMR 7.02(12).                                                          methods or EPA
                                                                                              approved
                                                                                              alternatives.
310 CMR 7.02(12)(e).  Gasoline Volatility    7/18/88       5/4/89  54 FR 19184          78   Approves a
                                             9/15/88                                          limitation on
                                             4/12/89                                          volatility of
                                                                                              gasoline from June
                                                                                              30 for Sept. 15,
                                                                                              1989, and May 1 to
                                                                                              Sept. 15 in
                                                                                              subsequent years.
310 CMR 7.03(13)....  Paint spray booths.    2/17/93     9/3/1999  64 FR 48303      c(117)   Adds the following
                                                                                              coating
                                                                                              operations:
                                                                                              plastic parts
                                                                                              surface coating,
                                                                                              leather surface
                                                                                              coating, wood
                                                                                              product surface
                                                                                              coating, and flat
                                                                                              wood paneling
                                                                                              surface coating.
310 CMR 7.04(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 128]]

 
                                             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 129]]

 
                      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 130]]

 
                      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 131]]

 
                                             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(1)(d)    U Applicability and    7/10/14      10/9/15  80 FR 61101         142   Revisions made to
 and (f)..             Handling                                                               clarify
                       Requirements.                                                          applicability
                                                                                              requirements.
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.

[[Page 132]]

 
                                             7/21/81       6/2/82  47 FR 23927          48   Adds miscellaneous
                                             3/10/81                                          metal parts and
                                                                                              products and
                                                                                              graphic arts-
                                                                                              rotogravure and
                                                                                              flexography.
                                              9/9/82       2/3/83  48 FR 5014           53   Adds metal
                                                                                              furniture.
310 CMR 7.18(2)(b),   U Compliance with      7/10/14      10/9/15  80 FR 61101         142   Revisions made
 (e), (f)..            Emission                                                               clarifying
                       Limitations.                                                           eligibility for
                                                                                              bubbling coating
                                                                                              lines together for
                                                                                              compliance
                                                                                              purposes.
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).

[[Page 133]]

 
310 CMR 7.18(8).....  U Solvent Metal         6/7/91      6/30/93  58 FR 34911          58   Approval of 310 CMR
                       Degreasing.                                                            7.18 (8), (8)(a),
                                                                                              (8)(a)1.,
                                                                                              (8)(a)2.,
                                                                                              (8)(a)3.,
                                                                                              (8)(a)4.,
                                                                                              (8)(a)5.,
                                                                                              (8)(a)6., (8)(b),
                                                                                              (8)(b)1.,
                                                                                              (8)(b)2.,
                                                                                              (8)(b)3.,
                                                                                              (8)(b)4.,
                                                                                              (8)(b)5.,
                                                                                              (8)(b)6.,
                                                                                              (8)(b)7.,
                                                                                              (8)(b)8.,
                                                                                              (8)(b)9.,
                                                                                              (8)(b)10.,
                                                                                              (8)(b)11.,
                                                                                              (8)(b)12.,
                                                                                              (8)(b)13., (8)(c),
                                                                                              (8)(c)1.,
                                                                                              (8)(c)2.,
                                                                                              (8)(c)3.,
                                                                                              (8)(c)4.,
                                                                                              (8)(c)5.,
                                                                                              (8)(c)6.,
                                                                                              (8)(c)7.,
                                                                                              (8)(c)8.,
                                                                                              (8)(c)9.,
                                                                                              (8)(d)2., (8)(d)3.
310 CMR 7.18(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.

[[Page 134]]

 
310 CMR 7.18(14)....  Paper surface           3/6/81       3/8/82  47 FR 9836           40
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(14)....  U Paper Surface       8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(14).
310 CMR 7.18(15)....  Fabric surface          3/6/81       3/8/82  47 FR 9836           40
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(15)....  U Fabric Surface      8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(15).
310 CMR 7.18(16)....  Vinyl surface           3/6/81       3/8/82  47 FR 9836           40
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(16)....  U Vinyl Surface       8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(16).
310 CMR 7.18(17)....  RACT...............     9/9/82      11/9/83  48 FR 51480          53   All 100 ton per
                                                                                              year sources not
                                                                                              covered by a CTG.
                      RACT...............  .........       3/6/89  54 FR 9213    ..........  Enforceability of
                                                                                              plan approvals
                                                                                              issued under 310
                                                                                              CMR 7.18(17).
                                             6/20/89      11/3/89  54 FR 46388          81   RACT for Cranston
                                                                                              Print Works
                                                                                              Company dated June
                                                                                              20, 1989.
                                             7/12/89      11/8/89  54 FR 46895          80   RACT for Spalding
                                                                                              Corporation Plan
                                                                                              Approval dated
                                                                                              October 7, 1985
                                                                                              and amended Plan
                                                                                              Approval dated
                                                                                              July 12, 1989.
                                              8/8/89      11/8/89  54 FR 46897          82   RACT for Duro
                                                                                              Textile Printers
                                                                                              (SM-85-168-IF).
                                             6/20/89      2/21/90  55 FR 5990           79   RACT Compliance
                                                                                              Plan Conditional
                                                                                              Approval for
                                                                                              Monsanto Chemical
                                                                                              Company in Indian
                                                                                              Orchard dated 6/20/
                                                                                              89.
                                            11/17/89       8/3/90  55 FR 31590          85   RACT for Boston
                                                                                              Whaler in Norwell.
                                                                                              Amended Plan
                                                                                              Approval 4P89005
                                                                                              dated October 19,
                                                                                              1989 and Plan
                                                                                              Approval 4P89005
                                                                                              Correction dated
                                                                                              Nov. 17, 1989.
                                            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.

[[Page 135]]

 
                      RACT...............    4/22/90      10/8/91  56 FR 50660          91   RACT amendment for
                                                                                              Erving.
310 CMR 7.18(17)....  RACT...............    5/13/91     12/14/92  57 FR 58993          95   RACT for Dartmouth
                                                                                              Finishing
                                                                                              Corporation.
310 CMR 7.18(17)....  U Reasonable          8/17/89;      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Available Control      6/7/91                                          7.18(17), (17)(a),
                       Technology.                                                            (17)(b), (17)(c),
                                                                                              (17)(d), (17)(e)
                                                                                              and (17)(f).
310 CMR 7.18(17)....  RACT...............    5/22/92      7/28/94  59 FR 38374        (99)   RACT Approval for
                                                                                              S. Bent & Bros.
310 CMR 7.18(17)....  RACT...............    7/19/93       1/6/95  60 FR 2017          100   RACT Approval for
                                                1993                                          Nichols & Stone
                                                                                              Co.
310 CMR 7.18(17)....  Reasonably             3/31/94       3/6/95  60 FR 12125         104   RACT for Brittany
                       Available Control                                                      Dyeing and
                       Technology.                                                            Finishing of New
                                                                                              Bedford, MA.
310 CMR 7.18(17)....  Reasonable             2/17/93     9/3/1999  64 FR 48304      c(117)   Adds new VOC RACT
                       available control                                                      requirements in
                       technology.                                                            the Springfield,
                                                                                              Mass. ozone
                                                                                              nonattainment area
                                                                                              only.
310 CMR 7.18(17)....  Reasonable             2/17/93      10/4/02  67 FR 62183         129   Approves VOC RACT
                       Available Control                                                      requirements for
                       Technology.                                                            the eastern
                                                                                              Massachusetts
                                                                                              ozone
                                                                                              nonattainment
                                                                                              area. (These
                                                                                              requirements were
                                                                                              previously
                                                                                              approved for the
                                                                                              western
                                                                                              Massachusetts
                                                                                              ozone
                                                                                              nonattainment
                                                                                              area.)
310 CMR 7.18(17)....  Reasonable             10/7/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for
                       Technology.                                                            Gilette.
310 CMR 7.18(17)....  Reasonable             10/7/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for
                       Technology.                                                            Norton.
310 CMR 7.18(17)....  Reasonable             4/16/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for Rex.
                       Technology.
310 CMR 7.18(17)....  Reasonable             4/16/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      Available for
                       Technology.                                                            Barnet.
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.

[[Page 136]]

 
310 CMR 7.18(20)(a),  Emission Control       7/10/14      10/9/15  80 FR 61101         142   Clarification of
 (b).                  Plans for                                                              entities required
                       Implementation of                                                      to submit emission
                       RACT.                                                                  control plans.
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.
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 7.18(30)....  Adhesives and          7/10/14      10/9/15  80 FR 61101         142   Regulation limiting
                       Sealants.                                                              emissions from
                                                                                              adhesives and
                                                                                              sealants.
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.

[[Page 137]]

 
                                            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.
                                              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.

[[Page 138]]

 
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...........    7/10/14      10/9/15  80 FR 61101         142   Update made to
 7.19(1)(c)(9).                                                                               section 1,
                                                                                              applicability.
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.
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(3).....  Distribution of         5/5/15     11/29/16  81 FR 85901         144   Revised to require
                       Motor Vehicle Fuel.                                                    Stage I Enhanced
                                                                                              Vapor Recovery
                                                                                              systems certified
                                                                                              by the California
                                                                                              Air Resources
                                                                                              Board.
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(4).....  Motor Vehicle Fuel      5/5/15     11/29/16  81 FR 85901         144   Revised to make
                       Tank Trucks.                                                           minor clarifying
                                                                                              amendments.
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).

[[Page 139]]

 
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(6).....  Dispensing of Motor     5/5/15     11/29/16  81 FR 85901         144   Revised to require
                       Vehicle Fuel.                                                          the
                                                                                              decommissioning of
                                                                                              Stage II vapor
                                                                                              recovery systems.
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 7.25........  Best Available          6/1/10      10/9/15  80 FR 61101         142   Amended existing
                       Controls for                                                           consumer products
                       Consumer and                                                           related
                       Commercial                                                             requirements,
                       Products.                                                              added provisions
                                                                                              concerning AIM
                                                                                              coatings.
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
                                            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.

[[Page 140]]

 
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).
                      ...................   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.

[[Page 141]]

 
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 7.36........  Transit System         11/6/13      12/8/15  80 FR 76225         143   Removes from the
                       improvements.                                                          SIP the commitment
                                                                                              to design the Red
                                                                                              Line/Blue Line
                                                                                              Connector project.
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.
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.

[[Page 142]]

 
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.
M.G.L. c. 268A,       Conduct of Public      June 6,     12/21/16  81 FR 93630         147   Approved Section 6:
 sections 6 and 6A.    Officials and            2014                                          Financial interest
                       Employees.                                                             of state employee,
                                                                                              relative or
                                                                                              associates;
                                                                                              disclosure, and
                                                                                              Section 6A:
                                                                                              Conflict of
                                                                                              interest of public
                                                                                              official;
                                                                                              reporting
                                                                                              requirement.
----------------------------------------------------------------------------------------------------------------
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 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

[[Page 143]]

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 May 
1, 2016, 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 May 1, 2016, 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 May 
1, 2016.
    (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, and the National 
Archives and Records Administration. For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA approved regulations.

                                        EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
       Michigan citation               Title        effective date      EPA approval date           Comments
----------------------------------------------------------------------------------------------------------------
                                           Hazardous Waste Management
----------------------------------------------------------------------------------------------------------------
R 299.9109(p)..................  Used oil.........       9/11/2000  4/17/2015, 80 FR 21183
----------------------------------------------------------------------------------------------------------------
                                                Annual Reporting
----------------------------------------------------------------------------------------------------------------
R 336.202......................  Annual reports...      11/11/1986  3/8/1994, 59 FR 10752
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101.....................  Definitions; A...       4/28/1993  9/7/1994, 59 FR 46182      Only: actual
                                                                                                emissions, air-
                                                                                                dried coating,
                                                                                                air quality
                                                                                                standard,
                                                                                                allowable
                                                                                                emissions, and
                                                                                                alternate
                                                                                                opacity.
R 336.1101.....................  Definitions; A...       2/22/1985  6/11/1992, 57 FR 24752
R 336.1102.....................  Definitions; B...       3/28/2008  12/16/2013, 78 FR 76064
R 336.1103.....................  Definitions; C...       4/28/1993  9/7/1994, 59 FR 46182      Only: creditable.
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

[[Page 144]]

 
R 336.1106.....................  Definitions; F...       2/22/1985  6/11/1992, 57 FR 24752
R 336.1107.....................  Definitions; G...       5/28/2002  2/24/2003, 68 FR 8550
R 336.1108.....................  Definitions; H...       5/28/2002  2/24/2003, 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...       8/22/1981  7/26/1982, 47 FR 32116
R 336.1116.....................  Definitions; P...      11/30/2012  4/4/2014, 79 FR 18802
R 336.1118.....................  Definitions; R...       5/28/2002  2/24/2003, 68 FR 8550
R 336.1119.....................  Definitions; S...       2/22/1985  6/11/1992, 57 FR 24752
R 336.1120.....................  Definitions; T...       5/28/2002  2/24/2003, 68 FR 8550
R 336.1121.....................  Definitions; U...       4/19/1989  9/15/1994, 59 FR 47254
R 336.1122.....................  Definitions; V...      11/30/2012  4/4/2014, 79 FR 18802
R 336.1123.....................  Definitions; W...       8/22/1981  7/26/1982, 47 FR 32116
R 336.1127.....................  Terms defined in        1/19/1980  5/6/1980, 45 FR 29790
                                  the act.
----------------------------------------------------------------------------------------------------------------
                                            Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
R 336.1201.....................  Permits to              1/19/1980  5/6/1980, 45 FR 29790
                                  install.
R 336.1202.....................  Waivers of              1/19/1980  5/6/1980, 45 FR 29790
                                  approval.
R 336.1203.....................  Information             1/19/1980  5/6/1980, 45 FR 29790
                                  required.
R 336.1204.....................  Authority of            1/19/1980  5/6/1980, 45 FR 29790
                                  agents.
R 336.1206.....................  Processing of           1/19/1980  5/6/1980, 45 FR 29790
                                  applications for
                                  other facilities.
R 336.1207.....................  Denial of permits       1/19/1980  5/6/1980, 45 FR 29790
                                  to install.
R 336.1208.....................  Permits to              1/19/1980  5/6/1980, 45 FR 29790
                                  operate.
R 336.1221.....................  Construction of         7/17/1980  1/12/1982, 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            1/19/1980  5/6/1980, 45 FR 29790
                                  quality models.
R 336.1241.....................  Air quality             1/19/1980  5/6/1980, 45 FR 29790
                                  modeling
                                  demonstration
                                  requirements.
R 336.1280.....................  Permit system           1/19/1980  5/6/1980, 45 FR 29790
                                  exemptions;
                                  cooling and
                                  ventilation
                                  equipment.
R 336.1281.....................  Permit system           1/19/1980  5/6/1980, 45 FR 29790
                                  exemptions;
                                  cleaning,
                                  washing and
                                  drying equipment.
R 336.1282.....................  Permit system           1/19/1980  5/6/1980, 45 FR 29790
                                  exemptions;
                                  cooling and
                                  ventilation
                                  equipment.
R 336.1283.....................  Permit system           7/17/1980  8/28/1981, 46 FR 43422
                                  exemptions;
                                  testing and
                                  inspection
                                  equipment.
R 336.1284.....................  Permit system           1/19/1980  5/6/1980, 45 FR 29790
                                  exemptions;
                                  containers.
R 336.1285.....................  Permit system           1/19/1980  5/6/1980, 45 FR 29790
                                  exemptions;
                                  miscellaneous.
----------------------------------------------------------------------------------------------------------------
                        Part 3. Emission Limitations and Prohibitions--Particulate Matter
----------------------------------------------------------------------------------------------------------------
R 336.1301.....................  Standards for           3/19/2002  6/1/2006, 71 FR 31093
                                  density of
                                  emissions.
R 336.1303.....................  Grading visible         3/19/2002  6/1/2006, 71 FR 31093
                                  emissions.
R 336.1310.....................  Open burning.....        4/1/2013  6/2/2015, 80 FR 31305
R 336.1331.....................  Emissions of            3/19/2002  6/1/2006, 71 FR 31093      All except Table
                                  particulate                                                   31, section C.8.
                                  matter.
R 336.1331, Table 31...........  Particulate             1/19/1980  5/22/1981, 46 FR 27923     Only Section C.7,
                                  matter emission                                               preheater
                                  schedule.                                                     equipment.
R 336.1350.....................  Emissions from          2/22/1985  6/11/1992, 57 FR 24752
                                  larry-car
                                  charging of coke
                                  ovens.
R 336.1351.....................  Charging hole           2/22/1985  6/11/1992, 57 FR 24752
                                  emissions from
                                  coke ovens.

[[Page 145]]

 
R 336.1352.....................  Pushing operation       2/22/1985  6/11/1992, 57 FR 24752
                                  fugitive
                                  emissions from
                                  coke ovens.
R 336.1353.....................  Standpipe               2/22/1985  6/11/1992, 57 FR 24752
                                  assembly
                                  emissions during
                                  coke cycle from
                                  coke ovens.
R 336.1354.....................  Standpipe               2/22/1985  6/11/1992, 57 FR 24752
                                  assembly
                                  emissions during
                                  decarbonization
                                  from coke ovens.
R 336.1355.....................  Coke oven gas           1/19/1980  5/22/1981, 46 FR 27923
                                  collector main
                                  emissions from
                                  slot-type coke
                                  ovens.
R 336.1356.....................  Coke oven door          2/22/1985  6/11/1992, 57 FR 24752
                                  emissions from
                                  coke ovens;
                                  doors that are 5
                                  meters or
                                  shorter.
R 336.1357.....................  Coke oven door          2/22/1985  6/11/1992, 57 FR 24752
                                  emissions from
                                  coke oven doors;
                                  doors that are
                                  taller than 5
                                  meters.
R 336.1358.....................  Roof monitor            4/30/1998  6/1/2006, 71 FR 31093
                                  visible
                                  emissions at
                                  steel
                                  manufacturing
                                  facilities from
                                  electric arc
                                  furnaces and
                                  blast furnaces.
R 336.1359.....................  Visible emissions       2/22/1985  6/11/1992, 57 FR 24752
                                  from scarfer
                                  operation stacks
                                  at steel
                                  manufacturing
                                  facilities.
R 336.1360.....................  Visible emissions       2/22/1985  6/11/1992, 57 FR 24752
                                  from coke oven
                                  push stacks.
R 336.1361.....................  Visible emissions       4/30/1998  6/1/2006, 71 FR 31093
                                  from blast
                                  furnace
                                  casthouse
                                  operations at
                                  steel
                                  manufacturing
                                  facilities.
R 336.1362.....................  Visible emissions       4/30/1998  6/1/2006, 71 FR 31093
                                  from electric
                                  arc furnace
                                  operations at
                                  steel
                                  manufacturing
                                  facilities.
R 336.1363.....................  Visible emissions       4/30/1998  6/1/2006, 71 FR 31093
                                  from argon-
                                  oxygen
                                  decarburization
                                  operations at
                                  steel
                                  manufacturing
                                  facilities.
R 336.1364.....................  Visible emissions       2/22/1985  6/11/1992, 57 FR 24752
                                  from basic
                                  oxygen furnace
                                  operations.
R 336.1365.....................  Visible emissions       2/22/1985  6/11/1992, 57 FR 24752
                                  from hot metal
                                  transfer
                                  operations at
                                  steel
                                  manufacturing
                                  facilities.
R 336.1366.....................  Visible emissions       2/22/1985  6/11/1992, 57 FR 24752
                                  from hot metal
                                  desulphurization
                                  operations at
                                  steel
                                  manufacturing
                                  facilities.
R 336.1367.....................  Visible emissions       2/22/1985  6/11/1992, 57 FR 24752
                                  from sintering
                                  operations.
R 336.1370.....................  Collected air           2/18/1981  11/15/1982, 47 FR 51398
                                  contaminants.
R 336.1371.....................  Fugitive dust           3/19/2002  6/1/2006, 71 FR 31093
                                  control programs
                                  other than areas
                                  listed in Table
                                  36.
R 336.1372.....................  Fugitive dust           3/19/2002  6/1/2006, 71 FR 31093
                                  control program;
                                  required
                                  activities;
                                  typical control
                                  methods.

[[Page 146]]

 
R 336.1374.....................  Particulate             3/19/2002  6/1/2006, 71 FR 31093
                                  matter
                                  contingency
                                  measures: Areas
                                  listed in Table
                                  37.
----------------------------------------------------------------------------------------------------------------
                     Part 4. Emission Limitations and Prohibitions--Sulfur-Bearing Compounds
----------------------------------------------------------------------------------------------------------------
R 336.1401.....................  Emissions of            3/11/2013  4/17/2015, 80 FR 21183
                                  sulfur dioxide
                                  from power
                                  plants.
R 336.1401a....................  Definitions......       3/11/2013  4/17/2015, 80 FR 21183
R 336.1402.....................  Emission of SO2         3/11/2013  4/17/2015, 80 FR 21183
                                  from fuel-
                                  burning sources
                                  other than power
                                  plants.
R 336.1403.....................  Oil- and natural        3/19/2002  4/17/2015, 80 FR 21183
                                  gas-producing or
                                  transporting
                                  facilities and
                                  natural gas-
                                  processing
                                  facilities;
                                  emissions;
                                  operation.
R 336.1404.....................  Emissions of SO2        3/11/2013  4/17/2015, 80 FR 21183
                                  and sulfuric
                                  acid mist from
                                  sulfuric acid
                                  plants.
R 336.1405.....................  Emissions from          1/31/2008  4/17/2015, 80 FR 21183
                                  sulfur recovery
                                  plants located
                                  within Wayne
                                  county.
R 336.1406.....................  Hydrogen sulfide        1/31/2008  4/17/2015, 80 FR 21183
                                  emissions from
                                  facilities
                                  located within
                                  Wayne county.
R 336.1407.....................  Sulfur compound         3/11/2013  4/17/2015, 80 FR 21183
                                  emissions from
                                  sources located
                                  within Wayne
                                  county and not
                                  previously
                                  specified.
----------------------------------------------------------------------------------------------------------------
     Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1601.....................  Definitions......       3/19/2002  6/1/2006, 71 FR 31093
R 336.1602.....................  General                 4/10/2000  6/28/2002, 67 FR 43548
                                  provisions for
                                  existing sources
                                  of volatile
                                  organic compound
                                  emissions.
R 336.1604.....................  Storage of              3/19/2002  6/1/2006, 71 FR 31093
                                  organic
                                  compounds having
                                  a true vapor
                                  pressure of more
                                  than 1.5 psia,
                                  but less than 11
                                  psia, in
                                  existing fixed
                                  roof stationary
                                  vessels of more
                                  than 40,000
                                  gallon capacity.
R 336.1605.....................  Storage of              3/19/2002  6/1/2006, 71 FR 31093
                                  organic
                                  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        3/19/2002  6/1/2006, 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        3/19/2002  6/1/2006, 71 FR 31093
                                  into existing
                                  stationary
                                  vessels of more
                                  than 2,000
                                  capacity at
                                  loading
                                  facilities.

[[Page 147]]

 
R 336.1608.....................  Loading gasoline        3/19/2002  6/1/2006, 71 FR 31093
                                  into existing
                                  delivery vessels
                                  at loading
                                  facilities
                                  handling less
                                  than 5,000,000
                                  gallons per year.
R 336.1609.....................  Loading existing        4/20/1989  9/15/1994, 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        4/28/1993  9/7/1994, 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           6/15/1997  7/21/1999, 64 FR 39034
                                  cleaners.
R 336.1612.....................  Existing open top       6/15/1997  7/21/1999, 64 FR 39034
                                  vapor degreasers.
R 336.1613.....................  Existing                6/15/1997  7/21/1999, 64 FR 39034
                                  conveyorized
                                  cold cleaners.
R 336.1614.....................  Existing                6/15/1997  7/21/1999, 64 FR 39034
                                  conveyorized
                                  vapor degreasers.
R 336.1615.....................  Existing vacuum-        3/19/2002  6/1/2006, 71 FR 31093
                                  producing system
                                  at petroleum
                                  refineries.
R 336.1616.....................  Process unit            3/19/2002  6/1/2006, 71 FR 31093
                                  turnarounds at
                                  petroleum
                                  refineries.
R 336.1617.....................  Existing organic        3/19/2002  6/1/2006, 71 FR 31093
                                  compound-water
                                  separators at
                                  petroleum
                                  refineries.
R 336.1618.....................  Use of cutback          3/19/2002  6/1/2006, 71 FR 31093
                                  paving asphalt.
R 336.1619.....................  Perchloroethylene       3/19/2002  6/1/2006, 71 FR 31093
                                  ; emission from
                                  existing dry
                                  cleaning
                                  equipment;
                                  disposal.
R 336.1620.....................  Emission of             4/28/1993  9/7/1994, 59 FR 46182
                                  volatile organic
                                  compounds from
                                  the coating of
                                  flat wood
                                  paneling from
                                  existing coating
                                  lines.
R 336.1621.....................  Emission of             4/28/1993  9/7/1994, 59 FR 46182
                                  volatile organic
                                  compounds from
                                  the coating of
                                  metallic
                                  surfaces from
                                  existing coating
                                  lines.
R 336.1622.....................  Emission of             3/19/2002  6/1/2006, 71 FR 31093
                                  volatile organic
                                  compound from
                                  existing
                                  component of a
                                  petroleum
                                  refinery;
                                  refinery
                                  monitoring
                                  program.
R 336.1623.....................  Storage of              3/19/2002  6/1/2006, 71 FR 31093
                                  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.

[[Page 148]]

 
R 336.1624.....................  Emission of            11/18/1993  9/7/1994, 59 FR 46182
                                  volatile organic
                                  compound from an
                                  existing graphic
                                  arts line.
R 336.1625.....................  Emission of            11/30/2000  6/1/2006, 71 FR 31093
                                  volatile organic
                                  compound from
                                  existing
                                  equipment
                                  utilized in the
                                  manufacturing of
                                  synthesized
                                  pharmaceutical
                                  products.
R 336.1627.....................  Delivery Vessels;       2/22/2006  8/3/2007, 72 FR 43169
                                  Vapor Collection
                                  Systems.
R 336.1628.....................  Emission of             3/19/2002  6/1/2006, 71 FR 31093
                                  volatile organic
                                  compounds from
                                  components of
                                  existing process
                                  equipment used
                                  in manufacturing
                                  synthetic
                                  organic
                                  chemicals and
                                  polymers.
R 336.1629.....................  Emission of             3/19/2002  6/1/2006, 71 FR 31093
                                  volatile organic
                                  compounds from
                                  components of
                                  existing process
                                  equipment used
                                  in processing
                                  natural gas;
                                  monitoring
                                  program.
R 336.1630.....................  Emission of             3/19/2002  6/1/2006, 71 FR 31093
                                  volatile organic
                                  compounds from
                                  existing paint
                                  manufacturing
                                  processes.
R 336.1631.....................  Emission of             3/19/2002  6/1/2006, 71 FR 31093
                                  volatile organic
                                  compounds from
                                  existing process
                                  equipment
                                  utilized in
                                  manufacture of
                                  polystyrene of
                                  other organic
                                  resins.
R 336.1632.....................  Emission of             4/28/1993  9/7/1994, 59 FR 46182
                                  volatile organic
                                  compounds form
                                  existing
                                  automobile,
                                  truck, and
                                  business machine
                                  plastic part
                                  coating lines.
R 336.1651.....................  Standards for           6/15/1997  7/21/1999, 64 FR 39034
                                  degreasers.
R 336.1660.....................  Standards for           10/3/2007  5/22/2009, 74 FR 23952
                                  Volatile Organic
                                  Compounds
                                  Emissions from
                                  Consumer
                                  Products.
R 336.1661.....................  Definitions for         10/3/2007  5/22/2009, 74 FR 23952
                                  Consumer
                                  Products.
----------------------------------------------------------------------------------------------------------------
        Part 7. Emission Limitations and Prohibitions--New Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1702.....................  General                 3/19/2002  6/1/2006, 71 FR 31093
                                  provisions for
                                  new sources of
                                  volatile organic
                                  compound
                                  emissions.
R 336.1705.....................  Loading gasoline        3/19/2002  6/1/2006, 71 FR 31093
                                  into delivery
                                  vessels at new
                                  loading
                                  facilities
                                  handling less
                                  than 5,000,000
                                  gallons per year.

[[Page 149]]

 
R 336.1706.....................  Loading delivery        6/15/1997  7/21/1999, 64 FR 39034
                                  vessels with
                                  organic
                                  compounds having
                                  a true vapor
                                  pressure of more
                                  than 1.5 psia at
                                  new loading
                                  facilities
                                  handling
                                  5,000,000 or
                                  more gallons of
                                  such compounds
                                  per year.
R 336.1707.....................  New cold cleaners       6/15/1997  7/21/1999, 64 FR 39034
R 336.1708.....................  New open top            6/15/1997  7/21/1999, 64 FR 39034
                                  vapor degreasers.
R 336.1709.....................  New conveyorized        6/15/1997  7/21/1999, 64 FR 39034
                                  cold cleaners.
R 336.1710.....................  New conveyorized        6/15/1997  7/21/1999, 64 FR 39034
                                  vapor degreasers.
----------------------------------------------------------------------------------------------------------------
                        Part 8. Emission Limitations and Prohibitions--Oxides of Nitrogen
----------------------------------------------------------------------------------------------------------------
R 336.1801.....................  Emission of             5/28/2009  8/18/2009, 74 FR 41637
                                  oxides of
                                  nitrogen from
                                  non-SIP call
                                  stationary
                                  sources.
R 336.1802.....................  Applicability           5/20/2004  5/4/2005, 70 FR 23029
                                  under oxides of
                                  nitrogen budget
                                  trading program.
R 336.1802a....................  Adoption by             5/28/2009  8/18/2009, 74 FR 41637
                                  reference.
R 336.1803.....................  Definitions......       5/28/2009  8/18/2009, 74 FR 41637
R 336.1804.....................  Retired unit            5/20/2004  5/4/2005, 70 FR 23029
                                  exemption from
                                  oxides of
                                  nitrogen budget
                                  trading program.
R 336.1805.....................  Standard                12/4/2002  5/4/2005, 70 FR 23029
                                  requirements of
                                  oxides of
                                  nitrogen budget
                                  trading program.
R 336.1806.....................  Computation of          12/4/2002  5/4/2005, 70 FR 23029
                                  time under
                                  oxides of
                                  nitrogen budget
                                  trading program.
R 336.1807.....................  Authorized              12/4/2002  5/4/2005, 70 FR 23029
                                  account
                                  representative
                                  under oxides of
                                  nitrogen budget
                                  trading program.
R 336.1808.....................  Permit                  12/4/2002  5/4/2005, 70 FR 23029
                                  requirements
                                  under oxides of
                                  nitrogen budget
                                  trading program.
R 336.1809.....................  Compliance              12/4/2002  5/4/2005, 70 FR 23029
                                  certification
                                  under oxides of
                                  nitrogen budget
                                  trading program.
R 336.1810.....................  Allowance               12/4/2002  5/4/2005, 70 FR 23029
                                  allocations
                                  under oxides of
                                  nitrogen budget
                                  trading program.
R 336.1811.....................  New source set-         5/20/2004  5/4/2005, 70 FR 23029
                                  aside under
                                  oxides of
                                  nitrogen budget
                                  trading program.
R 336.1812.....................  Allowance               12/4/2002  5/4/2005, 70 FR 23029
                                  tracking system
                                  and transfers
                                  under oxides of
                                  nitrogen budget
                                  trading program.
R 336.1813.....................  Monitoring and          12/4/2002  5/4/2005, 70 FR 23029
                                  reporting
                                  requirements
                                  under oxides of
                                  nitrogen budget
                                  trading program.
R 336.1814.....................  Individual opt-         12/4/2002  5/4/2005, 70 FR 23029
                                  ins under oxides
                                  of nitrogen
                                  budget trading
                                  program.

[[Page 150]]

 
R 336.1815.....................  Allowance banking       12/4/2002  5/4/2005, 70 FR 23029
                                  under oxides of
                                  nitrogen budget
                                  trading program.
R 336.1816.....................  Compliance              12/4/2002  5/4/2005, 70 FR 23029
                                  supplement pool
                                  under oxides of
                                  nitrogen budget
                                  trading program.
R 336.1817.....................  Emission                12/4/2002  5/4/2005, 70 FR 23029
                                  limitations and
                                  restrictions for
                                  Portland cement
                                  kilns.
R 336.1818.....................  Emission               11/20/2006  1/29/2008, 73 FR 5101
                                  limitations for
                                  stationary
                                  internal
                                  combustion
                                  engines.
R 336.1821.....................  CAIR NOX ozone          5/28/2009  8/18/2009, 74 FR 41637
                                  and annual
                                  trading
                                  programs;
                                  applicability
                                  determinations.
R 336.1822.....................  CAIR NOX ozone          5/28/2009  8/18/2009, 74 FR 41637
                                  season trading
                                  program;
                                  allowance
                                  allocations.
R 336.1823.....................  New EGUs, new non-      5/28/2009  8/18/2009, 74 FR 41637
                                  EGUs, and newly
                                  affected EGUs
                                  under CAIR NOX
                                  ozone season
                                  trading program;
                                  allowance
                                  allocations.
R 336.1824.....................  CAIR NOX ozone          6/25/2007  8/18/2009, 74 FR 41637
                                  season trading
                                  program;
                                  hardship set-
                                  aside.
R 336.1825.....................  CAIR NOX ozone          6/25/2007  8/18/2009, 74 FR 41637
                                  season trading
                                  program;
                                  renewable set-
                                  aside.
R 336.1826.....................  CAIR NOX ozone          6/25/2007  8/18/2009, 74 FR 41637
                                  season trading
                                  program; opt-in
                                  provisions.
R 336.1830.....................  CAIR NOX annual         5/28/2009  8/18/2009, 74 FR 41637
                                  trading program;
                                  allowance
                                  allocations.
R 336.1831.....................  New EGUs under          5/28/2009  8/18/2009, 74 FR 41637
                                  CAIR NOX annual
                                  trading program;
                                  allowance
                                  allocations.
R 336.1832.....................  CAIR NOX annual         5/28/2009  8/18/2009, 74 FR 41637
                                  trading program;
                                  hardship set-
                                  aside.
R 336.1833.....................  CAIR NOX annual         5/28/2009  8/18/2009, 74 FR 41637
                                  trading program;
                                  compliance
                                  supplement pool.
R 336.1834.....................  Opt-in provisions       6/25/2007  8/18/2009, 74 FR 41637
                                  under the CAIR
                                  NOX annual
                                  trading program.
----------------------------------------------------------------------------------------------------------------
                          Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
R 339.1906.....................  Diluting and            5/20/2015  12/19/2016, 81 FR 91839
                                  concealing
                                  emissions.
R 339.1910.....................  Air-cleaning            1/19/1980  5/6/1980, 45 FR 29790
                                  devices.
R 339.1911.....................  Malfunction             5/20/2015  12/19/2016, 81 FR 91839
                                  abatement plans.
R 336.1912.....................  Abnormal                5/20/2015  12/19/2016, 81 FR 91839
                                  conditions,
                                  start-up,
                                  shutdown, and
                                  malfunction of a
                                  source, process,
                                  or process
                                  equipment,
                                  operating,
                                  notification,
                                  and reporting
                                  requirements.

[[Page 151]]

 
R 339.1915.....................  Enforcement             5/28/2002  2/24/2003, 68 FR 8550
                                  discretion in
                                  instances of
                                  excess emission
                                  resulting from
                                  malfunction,
                                  start-up, or
                                  shutdown.
R 339.1916.....................  Affirmative             5/28/2002  2/24/2003, 68 FR 8550
                                  defense for
                                  excess emissions
                                  during start-up
                                  or shutdown.
R 339.1930.....................  Emission of             3/19/2002  6/1/2006, 71 FR 31093
                                  carbon monoxide
                                  from ferrous
                                  cupola
                                  operations.
----------------------------------------------------------------------------------------------------------------
                                   Part 10. Intermittent Testing and Sampling
----------------------------------------------------------------------------------------------------------------
R 336.2001.....................  Performance tests       3/19/2002  6/1/2006, 71 FR 31093
                                  by owner.
R 336.2002.....................  Performance tests       3/19/2002  6/1/2006, 71 FR 31093
                                  by commission.
R 336.2003.....................  Performance test        3/19/2002  6/1/2006, 71 FR 31093
                                  criteria.
R 336.2004.....................  Appendix A;             2/22/2006  8/3/2007, 72 FR 43169
                                  reference test
                                  methods;
                                  adoption of
                                  federal
                                  reference test
                                  methods.
R 336.2005.....................  Reference test          2/22/2006  8/3/2007, 72 FR 43169
                                  methods for
                                  state-requested
                                  tests of
                                  delivery vessels.
R 336.2006.....................  Reference test          4/28/1993  9/7/1994, 59 FR 46182
                                  method serving
                                  as alternate
                                  version of
                                  federal
                                  reference test
                                  method 25 by
                                  incorporating
                                  Byron analysis.
R 336.2007.....................  Alternate version       3/19/2002  6/1/2006, 71 FR 31093
                                  of procedure L,
                                  referenced in R
                                  336.2040(10).
R 336.2011.....................  Reference test          4/29/2005  6/1/2006, 71 FR 31093
                                  method 5B.
R 336.2012.....................  Reference test         10/15/2004  6/1/2006, 71 FR 31093
                                  method 5C.
R 336.2013.....................  Reference test          3/19/2002  6/1/2006, 71 FR 31093
                                  method 5D.
R 336.2014.....................  Reference test         10/15/2004  6/1/2006, 71 FR 31093
                                  method 5E.
R 336.2021.....................  Figures..........       3/19/2002  6/1/2006, 71 FR 31093
R 336.2030.....................  Reference test          2/22/1985  6/11/1992, 57 FR 24752
                                  method 9A.
R 336.2031.....................  Reference test          2/22/1985  6/11/1992, 57 FR 24752
                                  method 9B.
R 336.2032.....................  Reference test          2/22/1985  6/11/1992, 57 FR 24752
                                  method 9C.
R 336.2033.....................  Test methods for        2/22/1985  6/11/1992, 57 FR 24752
                                  coke oven quench
                                  towers.
R 336.2040.....................  Method for              3/19/2002  6/1/2006, 71 FR 31093      All except
                                  determination of                                              sections (9) and
                                  volatile organic                                              (10).
                                  compound
                                  emissions from
                                  coating lines
                                  and graphic arts
                                  lines.
R 336.2041.....................  Recording               4/28/1993  9/7/1994, 59 FR 46182
                                  requirements for
                                  coating lines
                                  and graphic arts
                                  lines.
----------------------------------------------------------------------------------------------------------------
                                     Part 11. Continuous Emission Monitoring
----------------------------------------------------------------------------------------------------------------
R 336.2101.....................  Continuous              3/19/2002  6/1/2006, 71 FR 31093
                                  emission
                                  monitoring,
                                  fossil fuel-
                                  fired steam
                                  generators.
R 336.2102.....................  Continuous              1/19/1980  11/2/1988, 53 FR 44189
                                  emission
                                  monitoring,
                                  sulfuric acid-
                                  producing
                                  facilities.

[[Page 152]]

 
R 336.2103.....................  Continuous              1/19/1980  11/2/1988, 53 FR 44189
                                  emission
                                  monitoring,
                                  fluid bed
                                  catalytic
                                  cracking unit
                                  catalyst
                                  regenerators at
                                  petroleum
                                  refineries.
R 336.2150.....................  Performance             3/19/2002  6/1/2006, 71 FR 31093
                                  specifications
                                  for continuous
                                  emission
                                  monitoring
                                  systems.
R 336.2151.....................  Calibration gases       1/19/1980  11/2/1988, 53 FR 44189
                                  for continuous
                                  emission
                                  monitoring
                                  systems.
R 336.2152.....................  Cycling time for        1/19/1980  11/2/1988, 53 FR 44189
                                  continuous
                                  emission
                                  monitoring
                                  systems.
R 336.2153.....................  Zero and drift          1/19/1980  11/2/1988, 53 FR 44189
                                  for continuous
                                  emission
                                  monitoring
                                  systems.
R 336.2154.....................  Instrument span         1/19/1980  11/2/1988, 53 FR 44189
                                  for continuous
                                  emission
                                  monitoring
                                  systems.
R 336.2155.....................  Monitor location        3/19/2002  6/1/2006, 71 FR 31093
                                  for continuous
                                  emission
                                  monitoring
                                  systems.
R 336.2159.....................  Alternative             3/19/2002  6/1/2006, 71 FR 31093
                                  continuous
                                  emission
                                  monitoring
                                  systems.
R 336.2170.....................  Monitoring data         3/19/2002  6/1/2006, 71 FR 31093
                                  reporting and
                                  recordkeeping.
R 336.2175.....................  Data reduction         11/15/2004  6/1/2006, 71 FR 31093
                                  procedures for
                                  fossil fuel-
                                  fired steam
                                  generators.
R 336.2176.....................  Data reduction          1/19/1980  11/2/1988, 53 FR 44189
                                  procedures for
                                  sulfuric acid
                                  plants.
R 336.2189.....................  Alternative data        3/19/2002  6/1/2006, 71 FR 31093
                                  reporting or
                                  reduction
                                  procedures.
R 336.2190.....................  Monitoring System       3/19/2002  6/1/2006, 71 FR 31093
                                  Malfunctions.
R 336.2199.....................  Exemptions from         1/19/1980  11/2/1988, 53 FR 44189     All except
                                  continuous                                                    section (c),
                                  emission                                                      which was
                                  monitoring                                                    removed 7/21/
                                  requirements.                                                 1999, 64 FR
                                                                                                39034.
----------------------------------------------------------------------------------------------------------------
                                 Part 16. Organization, Operation and Procedures
----------------------------------------------------------------------------------------------------------------
R 336.2606.....................  Declaratory             1/19/1980  11/2/1988, 53 FR 44189
                                  rulings requests.
R 336.2607.....................  Consideration and       1/19/1980  11/2/1988, 53 FR 44189
                                  disposition of
                                  declaratory
                                  rulings requests.
----------------------------------------------------------------------------------------------------------------
                                                Part 17. Hearings
----------------------------------------------------------------------------------------------------------------
R 336.2701.....................  Procedures from         4/10/2000  6/28/2002, 67 FR 43548
                                  Administrative
                                  Procedures Act.
R 336.2702.....................  Service of              4/10/2000  6/28/2002, 67 FR 43548
                                  notices and
                                  orders;
                                  appearances.
R 336.2704.....................  Hearing                 1/19/1980  11/2/1988, 53 FR 44189
                                  commissioner's
                                  hearings.
R 336.2705.....................  Agency files and        1/19/1980  11/2/1988, 53 FR 44189
                                  records, use in
                                  connection with
                                  hearings.
R 336.2706.....................  Commission              1/19/1980  11/2/1988, 53 FR 44189
                                  hearings after
                                  hearing
                                  commissioner
                                  hearings.
----------------------------------------------------------------------------------------------------------------
                         Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
R 336.2801.....................  Definitions......      11/30/2012  4/4/2014, 79 FR 18802
R 336.2802.....................  Applicability....       12/4/2006  3/25/2010, 75 FR 14352

[[Page 153]]

 
R 336.2803.....................  Ambient Air            11/30/2012  4/4/2014, 79 FR 18802
                                  Increments.
R 336.2804.....................  Ambient Air             12/4/2006  3/25/2010, 75 FR 14352
                                  Ceilings.
R 336.2805.....................  Restrictions on         12/4/2006  3/25/2010, 75 FR 14352
                                  Area
                                  Classifications.
R 336.2806.....................  Exclusions from         12/4/2006  3/25/2010, 75 FR 14352
                                  Increment
                                  Consumption.
R 336.2807.....................  Redesignation....       12/4/2006  3/25/2010, 75 FR 14352
R 336.2808.....................  Stack Heights....       12/4/2006  3/25/2010, 75 FR 14352
R 336.2809.....................  Exemptions.......      11/30/2012  4/4/2014, 79 FR 18802      All except for
                                                                                                section
                                                                                                (5)(a)(iii).
R 336.2810.....................  Control                 12/4/2006  3/25/2010, 75 FR 14352
                                  Technology
                                  Review.
R 336.2811.....................  Source Impact           12/4/2006  3/25/2010, 75 FR 14352
                                  Analysis.
R 336.2812.....................  Air Quality             12/4/2006  3/25/2010, 75 FR 14352
                                  Models.
R 336.2813.....................  Air Quality             12/4/2006  3/25/2010, 75 FR 14352
                                  Analysis.
R 336.2814.....................  Source                  12/4/2006  3/25/2010, 75 FR 14352
                                  Information.
R 336.2815.....................  Additional Impact       12/4/2006  3/25/2010, 75 FR 14352
                                  Analyses.
R 336.2816.....................  Sources impacting      11/30/2012  4/4/2014, 79 FR 18802
                                  federal class I
                                  areas;
                                  additional
                                  requirements.
R 336.2817.....................  Public                  12/4/2006  3/25/2010, 75 FR 14352
                                  Participation.
R 336.2818.....................  Source Obligation       9/11/2008  9/27/2010, 75 FR 59081
R 336.2819.....................  Innovative              12/4/2006  3/25/2010, 75 FR 14352
                                  Control
                                  Technology.
R 336.2823.....................  Actuals Plantwide       12/4/2006  3/25/2010, 75 FR 14352     Only sections (1)
                                  Applicability                                                 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 76064
                                  reference.
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 76064
                                  requirements for
                                  sources
                                  impacting
                                  nonattainment
                                  areas.
R 336.2907.....................  Plantwide               6/20/2008  12/16/2013, 78 FR 76064
                                  applicability
                                  limits or PALs.
R 336.2908.....................  Conditions for          6/20/2008  12/16/2013, 78 FR 76064
                                  approval of a
                                  major new source
                                  review permit in
                                  a nonattainment
                                  area.
----------------------------------------------------------------------------------------------------------------
                                                Executive Orders
----------------------------------------------------------------------------------------------------------------
1991-31........................  Commission of            1/7/1992  11/6/1997, 62 FR 59995     Introductory and
                                  Natural                                                       concluding words
                                  Resources,                                                    of issuance;
                                  Department of                                                 Title I:
                                  Natural                                                       General, Part A
                                  Resources,                                                    Sections 1, 2, 4
                                  Michigan                                                      & 5 and Part B;
                                  Department of                                                 Title III:
                                  Natural                                                       Environmental
                                  Resources,                                                    Protection, Part
                                  Executive                                                     A Sections 1 & 2
                                  Reorganization.                                               and Part D;
                                                                                                Title IV:
                                                                                                Miscellaneous,
                                                                                                Parts A & B,
                                                                                                Part C Sections
                                                                                                1, 2 & 4 and
                                                                                                Part D.
1995-18........................  Michigan                9/30/1995  11/6/1997, 62 FR 59995     Introductory and
                                  Department of                                                 concluding words
                                  Environmental                                                 of issuance;
                                  Quality,                                                      Paragraphs 1, 2,
                                  Michigan                                                      3(a) & (g), 4,
                                  Department of                                                 7, 8, 9, 10, 11,
                                  Natural                                                       12, 13, 15, 16,
                                  Resources,                                                    17, and 18.
                                  Executive
                                  Reorganization.
----------------------------------------------------------------------------------------------------------------
                                                 State Statutes
----------------------------------------------------------------------------------------------------------------
Act 12 of 1993.................  Small Business           4/1/1993  6/3/1994, 59 FR 28785
                                  Clean Air
                                  Assistance Act.
Act 44 of 1984, as amended.....  Michigan Motor         11/13/1993  5/5/1997, 62 FR 24341      Only 290.642,
                                  Fuels Quality                                                 643, 645, 646,
                                  Act.                                                          647, and 649.

[[Page 154]]

 
Act 127 of 1970................  Michigan                7/27/1970  5/31/1972, 37 FR 10841
                                  Environmental
                                  Protection Act.
Act 250 of 1965, as amended....  Tax Exemption Act            1972  5/31/1972, 37 FR 10841
Act 283 of 1964, as amended....  Weights and             8/28/1964  5/5/1997, 62 FR 24341      Only 290.613 and
                                  Measures Act.                                                 290.615.
Act 348 of 1965, as amended....  Air Pollution Act            1972  5/31/1972, 37 FR 10841
Act 348 of 1965, as amended....  Air Pollution Act            1986  2/17/1988, 53 FR 4622      Only section 7a.
Act 348 of 1965, as amended....  Air Pollution Act            1990  3/8/1994, 59 FR 10752      Only sections 5
                                                                                                and 14a.
Act 451 of 1994, as amended....  Natural Resources       3/30/1995  2/10/1998, 63 FR 6650      Only sections
                                  and                                                           324.5524 and
                                  Environmental                                                 324.5525.
                                  Protection Act.
House Bill 4165................  Motor Vehicle          11/13/1993  6/21/1996, 61 FR 31831
                                  Emissions
                                  Inspection and
                                  Maintenance
                                  Program Act.
House Bill 4898................  An Act to amend        11/13/1993  10/11/1994, 59 FR 51379
                                  section 3 of Act
                                  44 of 1984.
House Bill 5016................  Motor Vehicle          11/13/1993  3/7/1995, 60 FR 12459
                                  Emissions
                                  Testing Program
                                  Act.
House Bill 5508................  Amendment to             4/6/2006  3/2/2007, 72 FR 4432
                                  Motor Fuels
                                  Quality Act, Act
                                  44 of 1984.
Michigan Civil Service           Disclosure.......       10/1/2013  8/31/2015, 80 FR 52399
 Commission Rule 2-8.3(a)(1).
Michigan Civil Service           Disclosure.......       10/1/2013  8/31/2015, 80 FR 52399
 Commission Rule 2-8.3(a)(1).
Senate Bill 726................  An Act to amend        11/13/1993  9/7/1994, 59 FR 46182
                                  sections 2, 5,
                                  6, 7, and 8 of
                                  Act 44 of 1984.
Michigan Civil Service           Disclosure.......       10/1/2013  8/31/2015, 80 FR 52399
 Commission Rule 2-8.3(a)(1).
----------------------------------------------------------------------------------------------------------------
                                                Local Regulations
----------------------------------------------------------------------------------------------------------------
City of Grand Rapids Ordinance   City of Grand                1972  5/31/1972, 57 FR 10841     Ordinance amends
 72-34.                           Rapids Air                                                    sections 9.35
                                  Pollution                                                     and 9.36 of
                                  Control                                                       article 4,
                                  Regulations.                                                  Chapter 151
                                                                                                Title IX of the
                                                                                                Code of the City
                                                                                                of Grand Rapids.
Muskegon County Air Pollution    Muskegon County         3/27/1973  5/16/1984, 49 FR 20650     Only article 14,
 Control Rules.                   Air Pollution                                                 section J.
                                  Control Rules
                                  and Regulations,
                                  as amended.
Wayne County Air Pollution       Wayne County Air       11/18/1985  5/13/1993, 58 FR 28359     Only: chapters 1,
 Control Ordinance.               Pollution                                                     2, 3, 5 (except
                                  Control                                                       for the portions
                                  Ordinance.                                                    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.

[[Page 155]]

 
Wayne County Air Pollution       Wayne County Air        3/20/1969  5/6/1980, 45 FR 29790      All except for
 Control Regulations.             Pollution            and amended                              Section 6.3 (A-
                                  Control                7/22/1971                              H), which was
                                  Regulations.                                                  removed 4/17/
                                                                                                2015, 80 FR
                                                                                                21186.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved state source-specific requirements.

                                EPA-Approved Michigan Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                                         State
         Name of source             Order number    effective date      EPA Approval date           Comments
----------------------------------------------------------------------------------------------------------------
Allied Signal, Inc., Detroit                4-1993      10/12/1994  1/17/1995, 60 FR 3346
 Tar Plant, Wayne County.
American Colloid Plant.........             Permit      12/18/1979  9/15/1983, 48 FR 41403
                                            341-79
American Colloid Plant.........             Permit      11/23/1979  9/15/1983, 48 FR 41403
                                            375-79
Asphalt Products Company, Plant             5-1993      10/12/1994  1/17/1995, 60 FR 3346
 5A, Wayne County.
Clark Oil and Refining                      6-1981       6/24/1982  12/13/1982, 47 FR 55678
 Corporation, Calhoun County.
Clawson Concrete Company, Plant             6-1993      10/12/1994  1/17/1995, 60 FR 3346
 1, Wayne County.
Conoco, Inc., Berrien County...            17-1981       9/28/1981  2/17/1982, 47 FR 6828
Consumers Power Company, B. C.              6-1979      12/10/1979  5/1/1981, 46 FR 24560
 Cobb Plant, Muskegon County.
Consumers Power Company, J.H.              12-1984       10/1/1984  1/12/1987, 52 FR 1183
 Campbell Plant, Units 1 and 2,
 Ottawa County.
Continental Fibre Drum, Inc.,              14-1987       12/9/1987  6/11/1992, 57 FR 24752
 Midland County.
Cummings-Moore Graphite                     7-1993      10/12/1994  1/17/1995, 60 FR 3346
 Company, Wayne County.
CWC Castings Division of                   12-1979       2/15/1980  5/16/1984, 49 FR 20650
 Textron, Muskegon County.
Delray Connecting Railroad                  8-1993      10/12/1994  1/17/1995, 60 FR 3346
 Company, Wayne County.
Detroit Edison Company,                     7-1981       4/28/1981  5/4/1982, 47 FR 19133
 Boulevard Heating Plant, Wayne
 County.
Detroit Edison Company, City of             4-1978      11/14/1978  8/25/1980, 45 FR 56344
 St. Clair, St. Clair County.
Detroit Edison Company, Monroe              9-1977        7/7/1977  12/21/1979, 44 FR 75635
 County.                                                            (correction: 3/20/1980,
                                                                     45 FR 17997)
Detroit Edison Company, River               9-1993      10/12/1994  1/17/1995, 60 FR 3346
 Rouge Power Plant, Wayne
 County.
Detroit Edison Company, Sibley             10-1993      10/12/1994  1/17/1995, 60 FR 3346
 Quarry, Wayne County.
Detroit Water and Sewerage                 11-1993      10/12/1994  1/17/1995, 60 FR 3346
 Department, Wastewater
 Treatment Plant, Wayne County.
Diamond Crystal Salt Company,              13-1982        9/8/1982  3/14/1983, 48 FR 9256
 St. Clair County.
Dow Chemical Company, Midland              12-1981       6/15/1981  3/24/1982, 47 FR 12625
 County.
Dow Chemical Company, West Side            19-1981       7/21/1981  3/24/1982, 47 FR 12625     Only sections
 and South Side Power Plants,                                                                   A(3), B, C, D,
 Midland County.                                                                                and E.
Dundee Cement Company, Monroe               8-1979      10/17/1979  8/11/1980, 45 FR 53137
 County.
Dundee Cement Company, Monroe              16-1980      11/19/1980  12/3/1981, 46 FR 58673
 County.
Eagle Ottawa Leather Company,               7-1994       7/13/1994  10/23/1995, 60 FR 54308
 Ottawa County.
Edward C. Levy Company, Detroit            15-1993      10/12/1994  1/17/1995, 60 FR 3346
 Lime Company, Wayne County.

[[Page 156]]

 
Edward C. Levy Company, Plant              16-1993      10/12/1994  1/17/1995, 60 FR 3346
 1, Wayne County.
Edward C. Levy Company, Plant              17-1993      10/12/1994  1/17/1995, 60 FR 3346
 3, Wayne County.
Edward C. Levy Company, Plant              19-1993      10/12/1994  1/17/1995, 60 FR 3346
 4 and 5, Wayne County.
Edward C. Levy Company, Plant              18-1993      10/12/1994  1/17/1995, 60 FR 3346
 6, Wayne County.
Edward C. Levy Company, Scrap              20-1993      10/12/1994  1/17/1995, 60 FR 3346
 Up-Grade Facility, Wayne
 County.
Enamalum Corporation, Oakland               6-1994       6/27/1994  2/21/9196, 61 FR 6545
 County.
Ferrous Processing and Trading             12-1993      10/12/1994  1/17/1995, 60 FR 3346
 Company, Wayne County.
Ford Motor Company, Rouge                  13-1993      10/12/1994  1/17/1995, 60 FR 3346
 Industrial Complex, Wayne
 County.
Ford Motor Company, Utica Trim             39-1993      11/12/1993  9/7/1994, 59 FR 46182
 Plant, Macomb County.
Ford Motor Company, Vulcan                 14-1993      10/12/1994  1/17/1995, 60 FR 3346
 Forge, Wayne County.
General Motors Corporation,                10-1979        5/5/1980  2/10/1982, 47 FR 6013
 Buick Motor Division Complex,
 Flint, Genesee County.
General Motors Corporation,                 8-1982        4/2/1984  8/22/1988, 53 FR 31861     Original order
 Buick Motor Division, Genesee                                                                  effective 7/12/
 County.                                                                                        1982, as altered
                                                                                                effective 4/2/
                                                                                                1982.
General Motors Corporation,                12-1982       7/22/1982  7/5/1983, 48 FR 31022
 Cadillac Motor Car Division,
 Wayne County.
General Motors Corporation,                 8-1983        6/9/1983  12/13/1985, 50 FR 50907    Supersedes
 Central Foundry Division,                                                                      paragraph 7.F of
 Saginaw Malleable Iron Plant,                                                                  order 6-1980.
 Saginaw County.
General Motors Corporation,                 6-1980       7/30/1982  8/15/1983, 48 FR 36818     Paragraph 7.F
 Central Foundry Division,                                                                      superseded by
 Saginaw Malleable Iron Plant,                                                                  order 8-1983.
 Saginaw County.                                                                                Original order
                                                                                                effective 6/3/
                                                                                                1980, as altered
                                                                                                effective 7/30/
                                                                                                1982.
General Motors Corporation,                10-1982       7/12/1982  7/5/1983, 48 FR 31022
 Chevrolet Flint Truck
 Assembly, Genesee County.
General Motors Corporation,                 1-1980       4/16/1980  2/10/1982, 47 FR 6013
 Chevrolet Motor Division,
 Saginaw Grey Iron Casting
 Plant and Nodular Iron Casting
 Plant, Saginaw County.
General Motors Corporation,                11-1982       7/22/1982  7/5/1983, 48 FR 31022
 Fisher Body Division,
 Fleetwood, Wayne County.
General Motors Corporation,                 9-1982       7/12/1982  7/5/1983, 48 FR 31022
 Fisher Body Division, Flint
 No. 1, Genesee County.
General Motors Corporation, GM              5-1983        5/5/1983  12/13/1984, 49 FR 5345
 Assembly Division, Washtenaw
 County.
General Motors Corporation,                 3-1982       6/24/1982  3/4/1983, 48 FR 9256
 Hydra-Matic Division,
 Washtenaw County.
General Motors Corporation,                 4-1983        5/5/1983  12/13/1984, 49 FR 5345
 Oldsmobile Division, Ingham
 County.
General Motors Corporation,                18-1981       7/28/1983  5/16/1984, 49 FR 20649     Original order
 Warehousing and Distribution                                                                   effective 12/1/
 Division, Genesee County.                                                                      1981, as altered
                                                                                                effective 7/28/
                                                                                                1983.
Hayes-Albion Corporation                    2-1980        2/2/1982  9/15/1983, 48 FR 41403     Original order
 Foundry, Calhoun County.                                                                       effective 2/15/
                                                                                                1980, as altered
                                                                                                effective 2/2/
                                                                                                1982.
J. H. Campbell Plant, Ottawa                5-1979        2/6/1980  12/24/1980, 45 FR 85004    Original order
 County.                                                            (correction: 3/16/1981 46   effective 6/25/
                                                                     FR 16895)                  1979, as altered
                                                                                                effective 2/6/
                                                                                                1980.

[[Page 157]]

 
Keywell Corporation, Wayne                 31-1993      10/12/1994  1/17/1995, 60 FR 3346
 County.
Lansing Board of Water and                  4-1979       5/23/1979  12/17/1980, 45 FR 82926    All except
 Light.                                                                                         sections 7 A, B,
                                                                                                C1, D, E, F, and
                                                                                                section 8.
Marathon Oil Company, Muskegon             16-1981       7/31/1981  2/22/1982, 47 FR 7661
 County.
Marblehead Lime Company,                   21-1993      10/12/1994  1/17/1995, 60 FR 3346
 Brennan Avenue Plant, Wayne
 County.
Marblehead Lime Company, River             22-1993      10/12/1994  1/17/1995, 60 FR 3346
 Rouge Plant, Wayne County.
McLouth Steel Company, Trenton             23-1993      10/12/1994  1/17/1995, 60 FR 3346
 Plant, Wayne County.
Michigan Foundation Company,               24-1993      10/12/1994  1/17/1995, 60 FR 3346
 Cement Plant, Wayne County.
Michigan Foundation Company,               25-1993      10/12/1994  1/17/1995, 60 FR 3346
 Sibley Quarry, Wayne County.
Monitor Sugar Company, Bay                 21-1981      10/29/1981  5/19/1982, 47 FR 21534
 County.
Morton International, Inc.,                26-1993      10/12/1994  1/17/1995, 60 FR 3346
 Morton Salt Division, Wayne
 County.
National Steel Corporation,                27-1993      10/12/1994  1/17/1995, 60 FR 3346
 Great Lakes Division, Wayne
 County.
National Steel Corporation,                28-1993      10/12/1994  1/17/1995, 60 FR 3346
 Transportation and Materials
 Handling Division, Wayne
 County.
New Haven Foundry, Inc., Macomb            12-1980       8/14/1980  2/10/1982, 47 FR 6013
 County.
Northern Michigan Electric                 16-1979       1/10/1980  7/2/1981, 46 FR 34584
 Cooperative Advance Steam
 Plant, Charlevoix County.
Packaging Corporation of                   23-1984        7/8/1985  5/4/1987, 52 FR 16246
 America, Manistee County.
Peerless Metal Powders,                    29-1993      10/12/1994  1/17/1995, 60 FR 3346
 Incorporated, Wayne County.
Rouge Steel Company, Wayne                 30-1993      10/12/1994  1/17/1995, 60 FR 3346
 County.
S. D. Warren Company, Muskegon.             9-1979      10/31/1999  1/27/1981, 46 FR 8476
St. Marys Cement Company, Wayne            32-1993      10/12/1994  1/17/1995, 60 FR 3346
 County.
Traverse City Board of Light               23-1981        1/4/1982  5/19/1982, 47 FR 21534
 and Power, Grand Traverse
 County.
Union Camp Corporation, Monroe             14-1979        1/3/1980  5/14/1981, 46 FR 26641
 County.
United States Gypsum Company,              33-1993      10/12/1994  1/17/1995, 60 FR 3346
 Wayne County.
VCF Films, Inc., Livingston                 3-1993       6/21/1993  9/7/1994, 59 FR 46182
 County.
Woodbridge Corporation,                    40-1993      11/12/1993  9/7/1994, 59 FR 46182
 Washtenaw County.
Wyandotte Municipal Power                  34-1993      10/12/1994  1/17/1995, 60 FR 3346
 Plant, Wayne County.
----------------------------------------------------------------------------------------------------------------


[[Page 158]]

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

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP       geographic or         State
           provision               nonattainment    submittal date      EPA Approval date           Comments
                                        area
----------------------------------------------------------------------------------------------------------------
Implementation plan for the      Statewide........        2/3/1972  5/31/1972, 37 FR 10841     Sections include:
 control of suspended                                                                           Air quality
 particulates, sulfur oxides,                                                                   control regions,
 carbon monoxide, hydrocarbons,                                                                 legal authority,
 nitrogen oxides, and                                                                           air quality
 photochemical oxidants in the                                                                  data, emission
 state of Michigan.                                                                             data, 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
                                                                                                intergovernmenta
                                                                                                l cooperation.
Reevaluation of control          Berrien and              3/3/1972  10/28/1972, 37 FR 23085
 strategies.                      Ingham Counties.
Reasons and justifications.....  Statewide........       7/12/1972  10/28/1972, 37 FR 23085    Concerning
                                                                                                general
                                                                                                requirements of
                                                                                                control strategy
                                                                                                for nitrogen
                                                                                                dioxide,
                                                                                                compliance
                                                                                                schedules, and
                                                                                                review of new
                                                                                                sources and
                                                                                                modifications.
Compliance schedules...........  Alpena, Baraga,    5/4/1973, 9/19/ 8/5/1974, 39 FR 28155
                                  Charlevoix,         1973, 10/23/
                                  Huron, Ionia,      1973, and 12/
                                  Marquette,               13/1973
                                  Midland,
                                  Muskegon,
                                  Oakland, Otsego,
                                  and St. Clair
                                  Counties.
Compliance schedules...........  Allegan, Eaton,     2/16/1973 and  9/10/1974, 39 FR 32606
                                  Emmet, Genesee,         5/4/1973
                                  Huron, Ingham,
                                  Macomb, Monroe,
                                  Ottawa, Saginaw,
                                  and St. Clair
                                  Counties.
Carbon monoxide control          Saginaw area.....       4/25/1979  5/6/1980, 45 FR 29790
 strategy.
Transportation control plans...  Detroit urban       4/25/1979, 7/  6/2/1980, 45 FR 37188
                                  area.             25/1979, 10/12/
                                                      1979, 10/26/
                                                       1979, 11/8/
                                                      1979, 12/26/
                                                              1979
Ozone control strategy for       Marquette,          4/25/1979, 7/  6/2/1980, 45 FR 37188
 rural ozone nonattainment        Muskegon,         25/1979, 10/12/
 areas.                           Gratiot,            1979, 10/26/
                                  Midland,             1979, 11/8/
                                  Saginaw, Bay,       1979, 12/26/
                                  Tuscola, Huron,             1979
                                  Sanilac, Ottawa,
                                  Ionia,
                                  Shiawassee,
                                  Lapeer, Allegan,
                                  Barry, Van
                                  Buren,
                                  Kalamazoo,
                                  Calhoun,
                                  Jackson,
                                  Berrien, Cass,
                                  Branch,
                                  Hillsdale, and
                                  Lenawee Counties.

[[Page 159]]

 
Transportation control plan....  Niles............  4/25/1979, 10/  4/17/1981, 46 FR 22373
                                                    26/1979, 11/8/
                                                      1979, 12/26/
                                                        1979, 8/4/
                                                    1980, and 8/8/
                                                              1980
Total suspended particulate      Detroit area.....  3/7/1980 and 4/ 2/18/1982, 47 FR 7227
 studies.                                                  21/1981
Lead plan......................  Statewide........  12/27/1979 and  4/13/1982, 47 FR 15792
                                                          2/9/1981
Reduction in size of Detroit     Wayne, Oakland,          9/1/1982  7/7/1983, 48 FR 31199
 ozone area.                      Macomb,
                                  Livingston,
                                  Monroe, St.
                                  Clair, and
                                  Washtenaw
                                  Counties.
Information relating to order 8- Genesee County...        9/6/1984  8/22/1988, 53 FR 31861
 1982: letter dated 9/6/84 from
 Michigan Department of Natural
 Resources to EPA.
Information relating to order    Midland County...      12/17/1987  10/3/1989, 54 FR 40657
 14-1987: letter dated 12/17/87
 from Michigan Department of
 Natural Resources to EPA.
Appendices A and D of Wayne      Wayne County.....      10/10/1986  5/13/1993, 58 FR 28359     Effective 11/18/
 County Air Pollution Control                                                                   1985.
 Ordinance.
Information supporting           Statewide........  11/16/1992, 10/ 3/8/1994, 59 FR 10752      1991 Michigan air
 emissions statement program.                       25/1993, and 2/                             pollution
                                                            7/1994                              reporting forms,
                                                                                                reference
                                                                                                tables, and
                                                                                                general
                                                                                                instructions.
I/M program....................  Grand Rapids and   11/12/1993 and  10/11/1994, 59 FR 51379    Includes:
                                  Muskegon areas.        7/19/1994                              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.
PM-10 implementation plan......  Wayne County.....  6/11/1993, 4/7/ 1/17/1995, 60 FR 3346      Reasonable
                                                     1994, and 10/                              further
                                                           14/1994                              progress, RACM,
                                                                                                contingency
                                                                                                measures, 1985
                                                                                                base year
                                                                                                emission
                                                                                                inventory.
General conformity.............  Statewide........      11/29/1994  12/18/1996, 61 FR 66607
Transportation conformity......  Statewide........      11/24/1994  12/18/1996, 61 FR 66609
7.8 psi Reid vapor pressure      Wayne, Oakland,    5/16/1996, 1/5/ 5/5/1997, 62 FR 24341      Includes: letter
 gasoline-supplemental            Macomb,           1996, and 5/14/                             from Michigan
 materials.                       Washtenaw,                  1996                              Governor John
                                  Livingston, St.                                               Engler to
                                  Clair, and                                                    Regional
                                  Monroe Counties.                                              Administrator
                                                                                                Valdas Adamkus,
                                                                                                dated 1/5/1996,
                                                                                                letter from
                                                                                                Michigan
                                                                                                Director of
                                                                                                Environmental
                                                                                                Quality Russell
                                                                                                Harding to
                                                                                                Regional
                                                                                                Administrator
                                                                                                Valdas Adamkus,
                                                                                                dated 5/14/1996,
                                                                                                and state report
                                                                                                entitled
                                                                                                ``Evaluation of
                                                                                                Air Quality
                                                                                                Contingency
                                                                                                Measures for
                                                                                                Implementation
                                                                                                in Southeast
                                                                                                Michigan''.

[[Page 160]]

 
Regional Haze Plan.............  Statewide........       11/5/2010  12/3/2012, 77 FR 71533     Addresses all
                                                                                                regional haze
                                                                                                plan elements
                                                                                                except BART
                                                                                                emission
                                                                                                limitations for
                                                                                                EGUs, St. Marys
                                                                                                Cement, Escanaba
                                                                                                Paper, and
                                                                                                Tilden Mining.
----------------------------------------------------------------------------------------------------------------
                                            Attainment Demonstrations
----------------------------------------------------------------------------------------------------------------
1-hour ozone attainment          Flint, Lansing      4/25/1979, 7/  6/2/1980, 45 FR 37188
 demonstrations and               and Grand Rapids  25/1979, 10/12/
 transportation control plans.    urban areas.        1979, 10/26/
                                                       1979, 11/8/
                                                      1979, 12/26/
                                                              1979
Carbon monoxide and 1-hour       Detroit urban       4/25/1979, 7/  6/2/1980, 45 FR 37192
 ozone attainment                 area.             25/1979, 10/12/
 demonstrations and I/M program.                      1979, 10/26/
                                                       1979, 11/8/
                                                      1979, 12/26/
                                                       1979, 3/20/
                                                       1980, 5/12/
                                                    1980, and 5/21/
                                                              1980
----------------------------------------------------------------------------------------------------------------
                                              Emissions Inventories
----------------------------------------------------------------------------------------------------------------
1-hour ozone 1990 base year....  Grand Rapids             1/5/1993  7/26/1994, 59 FR 37944
                                  (Kent and Ottawa
                                  Counties) and
                                  Muskegon areas.
1-hour ozone 1990 base year....  Detroit-Ann Arbor    1/5/1993 and  3/7/1995, 60 FR 12459
                                  area                  11/29/1993
                                  (Livingston,
                                  Macomb, Monroe,
                                  Oakland, St.
                                  Clair,
                                  Washtenaw, and
                                  Wayne Counties).
1-hour ozone 1990 base year....  Flint (Genesee           5/9/2000  11/13/2000, 65 FR 67629
                                  County) and
                                  Saginaw-Midland-
                                  Bay City (Bay,
                                  Midland, and
                                  Saginaw
                                  Counties).
1-hour ozone 1991 base year....  Allegan County...    9/1/2000 and  11/24/2000, 65 FR 70490
                                                        10/13/2000
1997 8-hour ozone 2005 base      Detroit-Ann Arbor        3/6/2009  6/29/2009, 74 FR 30950
 year.                            (Lenawee,
                                  Livingston,
                                  Macomb, Monroe,
                                  Oakland, St.
                                  Clair,
                                  Washtenaw, and
                                  Wayne Counties).
1997 annual PM2.5 2005 base      Detroit-Ann Arbor       6/13/2008  11/6/2012, 77 FR 66547
 year.                            area
                                  (Livingston,
                                  Macomb, Monroe,
                                  Oakland, St.
                                  Clair,
                                  Washtenaw, and
                                  Wayne Counties).
----------------------------------------------------------------------------------------------------------------
                                                 Infrastructure
----------------------------------------------------------------------------------------------------------------
Public availability of           Statewide........       7/24/1972  10/28/1972, 37 FR 23085
 emissions data.
Ambient air quality monitoring,  Statewide........      12/19/1979  3/4/1981, 46 FR 15138
 data reporting, and
 surveillance provisions.
Provisions addressing sections   Statewide........   4/25/1979 and  6/5/1981, 46 FR 30082      Concerns permit
 110(a)(2)(K), 126(a)(2), 127,                          10/12/1979                              fees, interstate
 and 128 of the Clean Air Act                                                                   pollution,
 as amended in 1977.                                                                            public
                                                                                                notification,
                                                                                                and state
                                                                                                boards.

[[Page 161]]

 
Section 121, intergovernmental   Statewide........       5/25/1979  11/27/1981, 46 FR 57893
 consultation.
Section 110(a)(2)                Statewide........   12/6/2007, 7/  7/13/2011, 76 FR 41075     Approved CAA
 infrastructure requirements                        19/2008, and 4/                             elements:
 for the 1997 8-hour ozone                                  6/2011                              110(a)(2)(A),
 NAAQS.                                                                                         (B), (C),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).
Section 110(a)(2)                Statewide........   12/6/2007, 7/  7/13/2011, 76 FR 41075     Approved CAA
 infrastructure requirements                        19/2008, and 4/                             elements:
 for the 1997 PM2.5 NAAQS.                                  6/2011                              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/ 10/20/2015, 80 FR 63451    Approved CAA
 infrastructure requirements                           2012, 7/10/                              elements:
 for the 2006 24-hour PM2.5                                   2014                              110(a)(2)(A),
 NAAQS.                                                                                         (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).
Section 110(a)(2)                Statewide........  4/3/2012, 8/9/  10/20/2015, 80 FR 63451    Approved CAA
 infrastructure requirements                           2013, 7/10/                              elements:
 for the 2008 lead (Pb) NAAQS.                                2014                              110(a)(2)(A),
                                                                                                (B), (C), (D),
                                                                                                (E), (F), (G),
                                                                                                (H), (J), (K),
                                                                                                (L), and (M).
Section 110(a)(2)                Statewide........       7/10/2014  10/13/2015, 80 FR 61311    Approved CAA
 Infrastructure Requirements                                                                    elements:
 for the 2008 ozone NAAQS.                                                                      110(a)(2)(A),
                                                                                                (B), (C), (D),
                                                                                                (E), (F), (G),
                                                                                                (H), (J), (K),
                                                                                                (L), and (M). We
                                                                                                are not taking
                                                                                                action on
                                                                                                (D)(i)(I) and
                                                                                                the visibility
                                                                                                portion of
                                                                                                (D)(i)(II).
Section 110(a)(2)                Statewide........       7/10/2014  10/13/2015, 80 FR 61311    Approved CAA
 Infrastructure Requirements                                                                    elements:
 for the 2010 nitrogen dioxide                                                                  110(a)(2)(A),
 (NO2) NAAQS.                                                                                   (B), (C), (D),
                                                                                                (E), (F), (G),
                                                                                                (H), (J), (K),
                                                                                                (L), and (M). We
                                                                                                are not taking
                                                                                                action on the
                                                                                                visibility
                                                                                                portion of
                                                                                                (D)(i)(II).
Section 110(a)(2)                Statewide........       7/10/2014  10/13/2015, 80 FR 61311    Approved CAA
 Infrastructure Requirements                                                                    elements:
 for the 2008 sulfur dioxide                                                                    110(a)(2)(A),
 (SO2) NAAQS.                                                                                   (B), (C), (D),
                                                                                                (E), (F), (G),
                                                                                                (H), (J), (K),
                                                                                                (L), and (M). We
                                                                                                are not taking
                                                                                                action on
                                                                                                (D)(i)(I) and
                                                                                                the visibility
                                                                                                portion of
                                                                                                (D)(i)(II).
Section 110(a)(2)                Statewide........       7/10/2014  10/13/2015, 80 FR 61311    Approved CAA
 Infrastructure Requirements                                                                    elements:
 for the 2012 particulate                                                                       110(a)(2)(A),
 matter (PM2.5) NAAQS.                                                                          (B), (C), (D),
                                                                                                (E), (F), (G),
                                                                                                (H), (J), (K),
                                                                                                (L), and (M). We
                                                                                                are not taking
                                                                                                action on
                                                                                                (D)(i)(I) and
                                                                                                the visibility
                                                                                                portion of
                                                                                                (D)(i)(II).
----------------------------------------------------------------------------------------------------------------
                                                Maintenance Plans
----------------------------------------------------------------------------------------------------------------
Carbon monoxide................  Detroit area            3/18/1999  6/30/1999, 64 FR 35017
                                  (portions of
                                  Wayne, Oakland,
                                  and Macomb
                                  Counties).

[[Page 162]]

 
Carbon monoxide................  Detroit area           12/19/2003  1/28/2005, 64 FR 35017     Revision to motor
                                  (portions of                                                  vehicle emission
                                  Wayne, Oakland,                                               budgets.
                                  and Macomb
                                  Counties).
1-hour ozone...................  Detroit-Ann Arbor      11/12/1994  3/7/1995, 60 FR 12459
                                  area
                                  (Livingston,
                                  Macomb, Monroe,
                                  Oakland, St.
                                  Clair,
                                  Washtenaw, and
                                  Wayne Counties).
1-hour ozone...................  Grand Rapids area        3/9/1995  6/21/1996, 61 FR 31831
1-hour ozone...................  Muskegon County..        3/9/1995  8/30/2000, 65 FR 52651
1-hour ozone...................  Allegan County...    9/1/2000 and  11/24/2000, 65 FR 70490
                                                        10/13/2000
1-hour ozone...................  Flint (Genesee           5/9/2000  11/13/2000, 65 FR 67629
                                  County) and
                                  Saginaw-Midland-
                                  Bay City (Bay,
                                  Midland, and
                                  Saginaw
                                  Counties).
1-hour ozone...................  Muskegon County..       3/22/2001  8/6/2001, 66 FR 40895      Revision to motor
                                                                                                vehicle emission
                                                                                                budgets.
1-hour ozone update............  Detroit-Ann Arbor      12/19/2003  5/20/2005, 70 FR 29202
                                  area
                                  (Livingston,
                                  Macomb, Monroe,
                                  Oakland, St.
                                  Clair,
                                  Washtenaw, and
                                  Wayne Counties).
1997 8-hour ozone..............  Grand Rapids       5/9/2006, 5/26/ 5/16/2007, 72 FR 27425
                                  (Kent and Ottawa  2006, and 8/25/
                                  Counties),                  2006
                                  Kalamazoo-Battle
                                  Creek (Calhoun,
                                  Kalamazoo, and
                                  Van Buren
                                  Counties),
                                  Lansing-East
                                  Lansing
                                  (Clinton, Eaton,
                                  and Ingham
                                  Counties),
                                  Benzie County,
                                  Huron County,
                                  and Mason County.
1997 8-hour ozone..............  Flint (Genesee      6/13/2006, 8/  5/16/2007, 72 FR 27425
                                  and Lapeer          25/2006, and
                                  Counties),            11/30/2006
                                  Muskegon
                                  (Muskegon
                                  County), Benton
                                  Harbor (Berrien
                                  County), and
                                  Cass County.
1997 8-hour ozone..............  Detroit-Ann Arbor        3/6/2009  6/29/2009, 74 FR 30950
                                  (Lenawee,
                                  Livingston,
                                  Macomb, Monroe,
                                  Oakland, St.
                                  Clair,
                                  Washtenaw, and
                                  Wayne Counties).
Particulate matter.............  Macomb, Oakland,    6/27/1974 and  6/2/1975, 40 FR 23746
                                  Wayne and Monroe      10/18/1974
                                  Counties.
PM-10..........................  Wayne County.....       7/24/1995  8/5/1996, 61 FR 40516
1997 Annual PM2.5..............  Detroit-Ann Arbor       7/05/2011  8/29/2013, 78 FR 53274
                                  area
                                  (Livingston,
                                  Macomb, Monroe,
                                  Oakland, St.
                                  Clair,
                                  Washtenaw, and
                                  Wayne Counties).

[[Page 163]]

 
2006 24-Hour PM2.5.............  Detroit-Ann Arbor       7/05/2011  8/29/2013, 78 FR 53274
                                  area
                                  (Livingston,
                                  Macomb, Monroe,
                                  Oakland, St.
                                  Clair,
                                  Washtenaw, and
                                  Wayne Counties).
----------------------------------------------------------------------------------------------------------------
                                              Negative Declarations
----------------------------------------------------------------------------------------------------------------
Negative declarations..........  Wayne, Oakland     10/10/1983, 5/  11/24/1986, 51 FR 42221    Includes large
                                  and Macomb        17/1985, and 6/                             petroleum dry
                                  Counties.                12/1985                              cleaners, high-
                                                                                                density
                                                                                                polyethylene,
                                                                                                polypropylene,
                                                                                                and polystyrene
                                                                                                resin
                                                                                                manufacturers,
                                                                                                and synthetic
                                                                                                organic chemical
                                                                                                manufacturing
                                                                                                industry--oxidat
                                                                                                ion.
Negative declarations..........  Detroit-Ann Arbor       3/30/1994  9/7/1994, 59 FR 46182      Includes: Large
                                  Area                                                          petroleum dry
                                  (Livingston,                                                  cleaners, SOCMI
                                  Macomb, Monroe,                                               air oxidation
                                  Oakland, St.                                                  processes, high-
                                  Clair, Washtenaw                                              density
                                  and Wayne                                                     polyethylene and
                                  Counties) Grand                                               polypropylene
                                  Rapids Area                                                   resin
                                  (Kent and Ottawa                                              manufacturing
                                  Counties), and                                                and pneumatic
                                  Muskegon County.                                              rubber tire
                                                                                                manufacturing.
----------------------------------------------------------------------------------------------------------------
                                          Section 182(f) NOX Exemptions
----------------------------------------------------------------------------------------------------------------
1-hour ozone...................  Detroit-Ann Arbor      11/12/1993  8/10/1994, 59 FR 40826
                                  area
                                  (Livingston,
                                  Macomb, Monroe,
                                  Oakland, St.
                                  Clair,
                                  Washtenaw, and
                                  Wayne Counties).
1-hour ozone...................  Clinton, Ingham,   7/1/1994 and 7/ 4/27/1995, 60 FR 20644
                                  Eaton, and                8/1994
                                  Genesee Counties.
1-hour ozone...................  Kent, Ottawa,           7/13/1994  1/26/1996, 61 FR 2428
                                  Muskegon,
                                  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...................  Muskegon County..      11/22/1995  9/26/1997, 62 FR 50512
1997 8-hour ozone..............  Grand Rapids            1/17/2015  6/6/2006, 71 FR 32448
                                  (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.
----------------------------------------------------------------------------------------------------------------


[[Page 164]]


[71 FR 52469, Sept. 6, 2006]

    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 at www.fdsys.gov.

    Effective Date Note: At 82 FR 24870, May 31, 2017, Sec. 52.1170 was 
amended in the table in paragraph (e), under ``Emissions Inventories,'' 
by adding an entry for ``2008 lead (Pb) 2013 base year'' after the entry 
for ``1997 annual PM2.5 2005 base year;'' and, under 
``Maintenance Plans,'' by adding an entry for ``2008 lead (Pb)'' after 
the entry for ``2006 24-Hour PM2.5.'', effective July 31, 
2017. For the convenience of the user, the added and revised text is set 
forth as follows:



Sec. 52.1170  Identification of plan.

                                * * * * *

    (e) * * *

                       EPA-Approved Michigan Nonregulatory And Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
    Name of  nonregulatory SIP        geographic or        submittal     EPA approval date         Comments
            provision              nonattainment  area       date
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                              Emissions Inventories
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 lead (Pb) 2013 base year....  Belding area (Ionia       1/12/2016  5/31/2017, 82 FR
                                    County, part).                       24864.
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
                                                Maintenance Plans
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 lead (Pb)...................  Belding area (Ionia       1/12/2016  5/31/2017, 82 FR
                                    County, part).                       24864.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *



Sec. 52.1171  Classification of regions.

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

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


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



Sec. 52.1172  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Michigan's plan for the attainment and maintenance of the 
National Ambient Air Quality Standards under section 110 of the Clean 
Air Act. Furthermore,

[[Page 165]]

the Administrator finds the plan satisfies all requirements of Part D, 
Title I of the Clean Air Act as amended in 1977, except as noted below. 
In addition, continued satisfaction of the requirements of Part D for 
the ozone portion of the SIP depends on the adoption and submittalof 
RACT requirements by July 1, 1980 for the sources covered by CTGs 
between January 1978 and January 1979 and adoption and submittal by each 
subsequent January of additional RACT requirements for sources covered 
by CTGs issued by the previous January.

[45 FR 29801, May 6, 1980]



Sec. 52.1173  Control strategy: Particulates.

    (a) Part D--Disapproval. The following specific revisions to the 
Michigan Plan are disapproved:
    (1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth 
Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering 
Plants, Blast Furnaces, Heating and Reheating Furnaces.
    (2) Rules 336.1371 (Fugitive dust control programs other than areas 
listed in table 36.), 336.1372 (Fugitive dust control programs; required 
activities; typical control methods.) and 336.1373 (Fugitive dust 
control programs; areas listed in table 36.) for control of industrial 
fugitive particulate emissions sources.
    (b) Part D--Conditional Approval--The Michigan overall Plan for 
primary and secondary nonattainment areas is approved provided that the 
following conditions are satisfied:
    (1) The State officially adopts final industrial fugitive 
regulations that represent RACT for traditional sources and submits 
these finally effective regulations to USEPA by January 31, 1981.
    (2) The State adopts and submits regulations reflecting RACT for 
Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast 
Furnaces and Heating and Reheating Furnaces.
    (3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment 
Effective After July 1, 1979--The State clarifies the compliance test 
method to include measurement of the whole train.
    (4) Rule 336.1349--The State submits consent orders containing 
enforceable increments insuring reasonable further progress for each 
source subject to Rules 336.1350 through 336.1357.
    (5) Rule 336.1350--The State adopts and submits an acceptable 
inspection method for determining compliance with the rule.
    (6) Rule 336.1352--The State adopts and submits the following 
clarifications to the rule: (a) The rule regulates emissions from the 
receiving car itself during the pushing operation; (b) in the phrase 
``eight consecutive trips,'' ``consecutive'' is defined as 
``consecutively observed trips''; (c) the word ``trips'' is defined as 
``trips per battery'' or ``trips per system''; (d) the 40% opacity 
fugitive emissions limitation refers to an instantaneous reading and not 
an average; (e) the method of reading opacity is defined.
    (7) Rule 336.1353--The State adopts and submits: (a) An acceptable 
test methodology for determining compliance with the rule; and (b) a 
clarification that the exception to the visible emission prohibition of 
4% of standpipe emission points refers to ``operating'' ovens.
    (8) Rule 336.1356--The State adopts and submits a clarification of 
the test methodology to determine compliance with the rule.
    (9) Rule 336.1357--The State adopts and submits a clarification of 
the test methodology to determine compliance with the rule.
    (10) The State adopts and submits a regulation reflecting RACT for 
coke battery combustion stacks.
    (11) The State adopts and submits an acceptable test method for 
application of Rule 336.1331, Table 32 to quench towers, or, in the 
alternative, adopts and submits a limitation reflecting RACT for quench 
tower emissions 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

[[Page 166]]

generating operations), electric arc furnaces and for each of the three 
emission points at sinter plants.
    (14) The State conducts additional particulate studies in the 
Detroit area by September, 1980.
    (c) Disapprovals. EPA disapproves the following specific revisions 
to the Michigan Plan:
    (1) The State submitted Consent Order No. 16-1982 on June 24, 1982, 
Great Lakes Steel, a Division of the National Steel Corporation as a 
revision to the Michigan State Implementation Plan. EPA disapproves this 
revision, because it does not satisfy all the requirements of EPA's 
proposed Emission Trading Policy Statement of April 7, 1982 (47 FR 
15076).
    (d) Approval--On April 29, 1988, the State of Michigan submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for Michigan's Group II 
areas. The Group II areas of concern are in the City of Monroe and an 
area surrounding the City of Carrollton. The committal SIP contains all 
the requirements identified in the July 1, 1987, promulgation of the SIP 
requirements for PM10 at 52 FR 24681.
    (e) [Reserved]
    (f) On July 24, 1995, the Michigan Department of Natural Resources 
requested the redesignation of Wayne County to attainment of the 
National Ambient Air Quality Standard for particulate matter. The 
State's maintenance plan is complete and the redesignation satisfies all 
of the requirements of the Act.
    (g) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the particulate State 
Implementation Plan for general conformity rules. The general conformity 
SIP revisions enable the State of Michigan to implement and enforce the 
Federal general conformity requirements in the nonattainment or 
maintenance areas at the State or local level in accordance with 40 CFR 
part 93, subpart B--Determining Conformity of General Federal Actions to 
State or Federal Implementation Plans.
    (h) Determination of Attainment. EPA has determined, as of November 
6, 2012, that based on 2009-2011 ambient air quality data, the Detroit-
Ann Arbor nonattainment area has attained the 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.
    (l) Approval--On October 3, 2016, the State of Michigan submitted a 
revision to their Particulate Matter State Implementation Plan. The 
submittal established transportation conformity ``Conformity'' criteria 
and procedures related to interagency consultation, and enforceability 
of certain transportation related control and mitigation measures.

[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; 82 FR 17135, Apr. 10, 2017]

[[Page 167]]



Sec. 52.1174  Control strategy: Ozone.

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

[[Page 168]]

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

[[Page 169]]

Bay, Berrien, Branch, Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, 
Hillsdale, Ingham, Ionia, Jackson, Kalamazoo, Lenawee, Midland, 
Montcalm, St. Joseph, Saginaw, Shiawasse, and Van Buren.
    (m) Approval--On November 24, 1994, the Michigan Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The submittal pertained to a plan for the implementation and 
enforcement of the Federal transportation conformity requirements at the 
State or local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation 
Plans, Programs, and Projects Developed, Funded or Approved Under Title 
23 U.S.C. or the Federal Transit Act.
    (n) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan for general conformity rules. The general conformity SIP revisions 
enable the State of Michigan to implement and enforce the Federal 
general conformity requirements in the nonattainment or maintenance 
areas at the State or local level in accordance with 40 CFR part 93, 
subpart B--Determining Conformity of General Federal Actions to State or 
Federal Implementation Plans.
    (o) Approval--On March 9, 1996, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Grand 
Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties) 
to attainment for ozone. As part of the redesignation request, the State 
submitted a maintenance plan as required by 175A of the Clean Air Act, 
as amended in 1990. Elements of the section 175A maintenance plan 
include an attainment emission inventory for NOX and VOC, a 
demonstration of maintenance of the ozone NAAQS with projected emission 
inventories to the year 2007 for NOX and VOC, a plan to 
verify continued attainment, a contingency plan, and a commitment to 
submit a subsequent maintenance plan revision in 8 years as required by 
the Clean Air Act. If a violation of the ozone NAAQS, determined not to 
be attributable to transport from upwind areas, is monitored, Michigan 
will implement one or more appropriate contingency measure(s) contained 
in the contingency plan. Once a violation of the ozone NAAQS is 
recorded, the State will notify EPA, review the data for quality 
assurance, and conduct a technical analysis, including an analysis of 
meteorological conditions leading up to and during the exceedances 
contributing to the violation, to determine local culpability. This 
preliminary analysis will be submitted to EPA and subjected to public 
review and comment. The State will solicit and consider EPA's technical 
advice and analysis before making a final determination on the cause of 
the violation. The Governor or his designee will select the contingency 
measure(s) to be implemented within 6 months of a monitored violation 
attributable to ozone and ozone precursors from the Grand Rapids area. 
The menu of contingency measures includes a motor vehicle inspection and 
maintenance program, Stage II vapor recovery, RVP reduction to 7.8 psi, 
RACT on major non-CTG VOC sources in the categories of coating of 
plastics, coating of wood furniture, and industrial cleaning solvents. 
The redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(E) and 175A of the Act as amended in 
1990, respectively. The redesignation meets the Federal requirements of 
section 182(a)(1) of the Clean Air Act as a revision to the Michigan 
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

[[Page 170]]

Rule, R336.1901 (Rule 901)--Air Contaminant or Water Vapor, has been 
removed from the approved plan pursuant to section 110(k)(6) of the 
Clean Air Act (as amended in 1990).
    (r) Approval--On March 9, 1995, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Muskegon 
County ozone nonattainment area to attainment. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by 175A of the Clean Air Act, as amended in 1990. Elements of 
the section 175A maintenance plan include a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If the area records a violation of the 
1-hour ozone NAAQS, determined not to be attributable to transport from 
upwind areas, Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes a motor vehicle inspection and maintenance 
program, stage II vapor recovery, a low Reid vapor pressure gasoline 
program, and rules for industrial cleanup solvents, plastic parts 
coating, and wood furniture coating.
    (s) Approval--On May 9, 2000, the State of Michigan submitted a 
revision to the Michigan State Implementation Plan for ozone containing 
a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay 
City areas as part of Michigan's request to redesignate the areas from 
nonattainment to attainment for ozone. Elements of the section 175A 
maintenance plan include a contingency plan, and an obligation to submit 
a subsequent maintenance plan revision in 8 years as required by the 
Clean Air Act. If monitors in any of these areas record a violation of 
the ozone NAAQS (which must be confirmed by the State), Michigan will 
adopt, submit to EPA, and implement one or more appropriate contingency 
measure(s) which are in the contingency plan and will submit a full 
maintenance plan under section 175A of the Clean Air Act. The menu of 
contingency measures includes a low Reid vapor pressure gasoline 
program, stage I gasoline vapor recovery, and rules for industrial 
cleanup solvents, plastic parts coating, and wood furniture coating.
    (t) Approval--On March 9, 1995, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Allegan 
County ozone nonattainment area to attainment. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by 175A of the Clean Air Act, as amended in 1990. Elements of 
the section 175A maintenance plan include a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If the area records a violation of the 
1-hour ozone NAAQS, determined not to be attributable to transport from 
upwind areas, Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes rules for plastic parts coating, wood 
furniture coating, and gasoline loading (Stage I vapor recovery).
    (u) Approval--On March 22, 2001, Michigan submitted a revision to 
the ozone maintenance plan for the Muskegon County area. The revision 
consists of allocating a portion of the Muskegon County area's Volatile 
Organic Compounds (VOC) and Oxides of Nitrogen (NOX) safety 
margin to the transportation conformity Motor Vehicle Emission Budget 
(MVEB). The MVEB for transportation conformity purposes for the Muskegon 
County area are now: 8.5 tons per day of VOC emissions and 10.2 tons per 
day of NOX emissions for 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

[[Page 171]]

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

[[Page 172]]

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

[45 FR 58528, Sept. 4, 1980]

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



Sec. 52.1175  Compliance schedules.

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

[[Page 173]]

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

[[Page 174]]

him the opportunity to have an observer present.
    (vii) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to 
a source which is presently in compliance with Table 3 or Table 4 of 
Rule 336.49 and which has certified such compliance to the Administrator 
by October 1, 1973. The Administrator may request whatever supporting 
information he considers necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (4) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (d)(2) of this section fails to 
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this 
chapter.
    (e) The compliance schedules for the sources identified below are 
approved as meeting the requirements of Sec. 51.104 and subpart N of 
this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

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

[[Page 175]]

 
Dundee Cement Company...........  Dundee............  336.41, 44........  Oct. 17, 1979.....  Dec. 31, 1983.
                                                      (336.1301,
                                                       336.1331).
Union Camp......................  Monroe............  336.1401..........  Jan. 3, 1980......  Jan. 1, 1985.
                                                      (336.49)..........
----------------------------------------------------------------------------------------------------------------
                                                 muskegon county
----------------------------------------------------------------------------------------------------------------
Consumers Power Company (B. C.    Muskegon..........  336.1401..........  Dec. 10, 1979.....  Jan. 1, 1985.
 Cobb).                                               (336.49)..........
S. D. Warren Co.................  Muskegon..........  336.49 (336.1401).  Oct. 31, 1979.....  Nov. 1, 1984.
Marathon Oil....................  ......do..........  336.1603..........  July 31, 1981.....  Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
                                                 saginaw county
----------------------------------------------------------------------------------------------------------------
Grey Iron Casting and Nodular     Saginaw...........  R336.1301.........  Apr. 16, 1980.....  Dec. 31, 1982.
 Iron Casting Plants.
----------------------------------------------------------------------------------------------------------------
                                                  wayne county
----------------------------------------------------------------------------------------------------------------
Boulevard Heating Plant.........  Wayne.............  R336.1331.........  Apr. 28, 1981.....  Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
Footnotes:
\1\ For the attainment of the primary standard.
\2\ For the attainment of the secondary standard.
\3\ For the maintenance of the secondary standard.

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

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


[37 FR 10873, May 31, 1972]

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



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

[[Page 176]]

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.
    (c) Approval--On October 3, 2016, the State of Michigan submitted a 
revision to their Carbon Monoxide State Implementation Plan. The 
submittal established transportation conformity ``Conformity'' criteria 
and procedures related to interagency consultation, and enforceability 
of certain transportation related control and mitigation measures.

[70 FR 4023, Jan. 28, 2005, as amended at 82 FR 17136, Apr. 10, 2017]



Sec. 52.1180  Significant deterioration of air quality.

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

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



Sec. 52.1181  Interstate pollution.

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

[46 FR 30084, June 5, 1981]



Sec. 52.1182  State boards.

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

[46 FR 30084, June 5, 1981]



Sec. 52.1183  Visibility protection.

    (a) [Reserved]
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Sec. 52.28 are hereby incorporated and made a part of the 
applicable plan for the State of Michigan.
    (c) [Reserved]
    (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

[[Page 177]]

measures for meeting the requirements of 40 CFR 51.308(d)(3) and 
51.308(e) with respect to emissions of NOX and SO2 
from electric generating units. EPA has given limited approval and 
limited disapproval to the plan provisions addressing these 
requirements.
    (e) Measures Addressing Limited Disapproval Associated With NOX. The 
deficiencies associated with NOX identified in EPA's limited 
disapproval of the regional haze plan submitted by Michigan on November 
5, 2010, are satisfied by Sec. 52.1186.
    (f) Measures Addressing Limited Disapproval Associated With SO2. The 
deficiencies associated with SO2 identified in EPA's limited 
disapproval of the regional haze plan submitted by Michigan on November 
5, 2010, are satisfied by Sec. 52.1187.
    (g) The requirements of section 169A of the Clean Air Act are not 
met because the regional haze plan submitted on November 5, 2010, does 
not meet the best available retrofit technology requirements of 40 CFR 
51.308(e) with respect to emissions of NOX and SO2 
from Saint Marys Cement in Charlevoix and NOX from Escanaba 
Paper Company in Escanaba. These requirements for these two facilities 
are satisfied by 40 CFR 52.1183(h) and 40 CFR 52.1183(i), respectively.
    (h)(1) For the 30-day period beginning January 1, 2017, and 
thereafter, Saint Marys Cement, or any subsequent owner or operator of 
the Saint Marys Cement facility located in Charlevoix, Michigan, shall 
not cause or permit the emission of oxides of nitrogen (expressed as 
NO2) to exceed 2.80 lb per ton of clinker as a 30-day rolling 
average.
    (2) For the 12-month period beginning January 1, 2017, and 
thereafter, Saint Marys Cement, or any subsequent owner or operator of 
the Saint Marys Cement facility located in Charlevoix, Michigan, shall 
not cause or permit the emission of NOX (expressed as 
NO2) to exceed 2.40 lb per ton of clinker as a 12-month 
average.
    (3) Saint Marys Cement, or any subsequent owner or operator of the 
Saint Marys Cement facility located in Charlevoix, Michigan, shall not 
cause or permit the emission of SO2 to exceed 7.50 lb per ton 
of clinker as a 12-month average.
    (4) Saint Marys Cement, or any subsequent owner or operator of the 
Saint Marys Cement facility located in Charlevoix, Michigan, shall 
operate continuous emission monitoring systems to measure NOX 
and SO2 emissions from its kiln system in conformance with 40 
CFR part 60 appendix F procedure 1.
    (5) The reference test method for assessing compliance with the 
limit in paragraph (h)(1) of this section shall be use of a continuous 
emission monitoring system operated in conformance with 40 CFR part 60, 
appendix F, procedure 1. A new 30-day average shall be computed at the 
end of each calendar day in which the kiln operates, based on the 
following procedure: First, sum the total pounds of NOX 
(expressed as NO2) emitted during the operating day and the 
previous twenty-nine operating days, second, sum the total tons of 
clinker produced during the same period, and third, divide the total 
number of pounds by the total clinker produced during the thirty 
operating days.
    (6) The reference test method for assessing compliance with the 
limit in paragraphs (h)(2) and (h)(3) of this section shall be use of a 
continuous emission monitoring system operated in conformance with 40 
CFR part 60, appendix F, procedure 1. A new 12-month average shall be 
computed at the end of 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

[[Page 178]]

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

[[Page 179]]

    (v) Records of all major maintenance activities conducted on 
emission units, air pollution control equipment, and CEMS.
    (vi) Any other records identified in 40 CFR 60.49b(g) or 40 CFR part 
60, appendix F, Procedure 1.
    (7) Reporting. All reports under this section shall be submitted to 
the Chief, Air Enforcement and Compliance Assurance Branch, U.S. 
Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W. 
Jackson Blvd., Chicago, IL 60604-3590.
    (i) Owner/operator of Boiler 8 shall submit quarterly excess 
emissions reports for the limit in paragraph (i)(1) no later than the 
30th day following the end of each calendar quarter. Excess emissions 
means emissions that exceed the emissions limit specified in paragraph 
(i)(1) of this section. The reports shall include the magnitude, 
date(s), and duration of each period of excess emissions, specific 
identification of each period of excess emissions that occurs during 
startups, shutdowns, and malfunctions of the unit, the nature and cause 
of any malfunction (if known), and the corrective action taken or 
preventative measures adopted.
    (ii) Owner/operator of Boiler 8 shall submit quarterly CEMS 
performance reports, to include dates and duration of each period during 
which the CEMS was inoperative (except for zero and span adjustments and 
calibration checks or when Boiler 8 is not operating), reason(s) why the 
CEMS was inoperative and steps taken to prevent recurrence, and any CEMS 
repairs or adjustments.
    (iii) Owner/operator of Boiler 8 shall also submit results of any 
CEMS performance tests required by 40 CFR part 60, appendix F, procedure 
1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder 
Gas Audits).
    (iv) When no excess emissions have occurred or the CEMS has not been 
inoperative, repaired, or adjusted during the reporting period, such 
information shall be stated in the quarterly reports required by 
paragraph (i)(7) of this section.
    (v) Owner/operator of Boiler 9 shall submit reports of any 
compliance test measuring NOX emissions from Boiler 9 within 
60 days of the last day of the test. If owner/operator commences 
operation of a continuous NOX emission monitoring system for 
Boiler 9, owner/operator shall submit reports for Boiler 9 as specified 
for Boiler 8 in paragraphs (i)(7)(i) to (i)(7)(iv) of this section.
    (j) [Reserved]
    (k) Tilden Mining Company, or any subsequent owner/operator of the 
Tilden Mining Company facility in Ishpeming, Michigan, shall meet the 
following requirements:
    (1) NOX Emission Limits. (i) An emission limit of 2.8 lbs 
NOX/MMBTU, based on a 720-hour rolling average, shall apply 
to Tilden Grate Kiln Line 1 when burning natural gas, and an emission 
limit of 1.5 lbs NOX/MMBTU, based on a 720-hour rolling 
average, shall apply to Tilden Grate Kiln Line 1 when burning coal or a 
mixture of coal and natural gas. These emission limits will become 
enforceable 60 months after May 12, 2016 and only after EPA's 
confirmation or modification of the emission limit in accordance with 
the procedures set forth in paragraphs (k)(1)(ii) through (viii) of this 
section.
    (ii) Compliance with these emission limits shall be demonstrated 
with data collected by a continuous emissions monitoring system (CEMS) 
for NOX. The owner or operator must start collecting CEMS 
data for NOX upon May 12, 2016 and submit the data to EPA no 
later than 30 days from the end of each calendar quarter. Any remaining 
data through the end of the 57th month from May 12, 2016, that does not 
fall within a calendar quarter, must be submitted to EPA no later than 
30 days from the end of the 57th month. Although CEMS data must continue 
to be collected, it does not need to be submitted to EPA starting 57 
months after May 12, 2016.
    (iii) No later than 48 months from May 12, 2016, the owner or 
operator must submit to EPA a report, including any final report(s) 
completed by the selected NOX reduction technology supplier 
and furnace retrofit engineer, containing a detailed engineering 
analysis and modeling of the NOX reduction control technology 
being installed on Tilden Grate Kiln Line 1. This report must include a 
list of all variables that can reasonably be expected to have an

[[Page 180]]

impact on NOX emission control technology performance, as 
well as a description of how these variables can be adjusted to reduce 
NOX emissions to meet the NOX design emission 
limit. This NOX reduction control technology must be designed 
to meet emission limits of 2.8 lbs NOX/MMBTU when burning 
natural gas and 1.5 lbs NOX/MMBTU when burning coal or a 
mixture of coal and natural gas.
    (iv) The NOX reduction control technology shall be 
installed on Tilden Grate Kiln Line 1 furnace no later than 50 months 
from May 12, 2016.
    (v) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology or 50 months from May 
12, 2016, the owner or operator must provide to EPA the results from 
pellet quality analyses. The owner or operator shall provide the results 
from pellet quality analyses no later than 30 days from the end of each 
calendar quarter up until 57 months after May 12, 2016. Any remaining 
results through the end of the 57th month that do not fall within a 
calendar quarter must be submitted to EPA no later than 30 days from the 
end of the 57th month. The pellet quality analyses shall include results 
for the following factors: Compression, reducibility, before tumble, 
after tumble, and low temperature disintegration. For each of the pellet 
quality analysis factors the owner or operator must explain the pellet 
quality analysis factor as well as the defined acceptable range for each 
factor using the applicable product quality standards based upon 
customers' pellet specifications that are contained in Tilden's ISO 9001 
quality management system. The owner or operator shall provide pellet 
quality analysis testing results that state the date and time of the 
analysis and, in order to define the time period when pellets were 
produced outside of the defined acceptable range for the pellet quality 
factors listed, provide copies of the production logs that document the 
starting and ending times for such periods. The owner or operator shall 
provide an explanation of causes for pellet samples that fail to meet 
the acceptable range for any pellet quality analysis factor. Pellet 
quality information and data may be submitted to EPA as Confidential 
Business Information.
    (vi) No later than 57 months after May 12, 2016, the owner or 
operator may submit to EPA a report to either confirm or modify the 
NOX limits for Tilden Grate Kiln Line 1 within the upper and 
lower bounds described below. EPA will review the report and either 
confirm or modify the NOX limits. If the CEMS data collected 
during operating periods between months 50 and 57 that both meet pellet 
quality specifications and proper furnace/burner operation is normally 
distributed, the limit adjustment determination shall be based on the 
appropriate (depending upon whether data are statistically independent 
or dependent) 95% upper predictive limit (UPL) equations in paragraph 
(p) of this section. If the CEMS data collected during operating periods 
between months 50 and 57 that both meet pellet quality specifications 
and proper furnace/burner operation are not normally distributed, the 
limit adjustment determination shall be based on the non-parametric 
equation provided in paragraph (p) of this section. The data set for the 
determination shall exclude periods when pellet quality did not fall 
within the defined acceptable ranges of the pellet quality factors 
identified pursuant to paragraph (k)(1)(v) of this section and for any 
subsequent period when production had been reduced in response to pellet 
quality concerns consistent with Tilden's ISO 9001 operating standards. 
Any excluded period will commence at the time documented on the 
production log demonstrating pellet quality did not fall within the 
defined acceptable range and shall end when pellet quality within the 
defined acceptable range has been re-established at planned production 
levels, which will be presumed to be the level that existed immediately 
prior to the reduction in production due to pellet quality concerns. EPA 
may also exclude data where operations are inconsistent with the 
reported design parameters of the NOX reduction control 
technology that were installed.
    (vii) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limits in the Federal 
Register no later than

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60 months after May 12, 2016. The confirmed or modified NOX 
limit for Tilden Grate Kiln Line 1 when burning only natural gas may be 
no lower than 2.8 lbs NOX/MMBTU, based on a 720-hour rolling 
average, and may not exceed 3.0 lbs NOX/MMBTU, based on a 
720-hour rolling average. The confirmed or modified NOX limit 
for Tilden Grate Kiln Line 1 when burning coal or a mixture of coal and 
natural gas may be no lower than 1.5 lbs NOX/MMBTU, based on 
a 720-hour rolling average, and may not exceed 2.5 lbs NOX/
MMBTU, based on a 720-hour rolling average.
    (viii) If the owner or operator submits a report proposing a single 
NOX limit for all fuels, EPA may approve the proposed 
NOX limit for all fuels based on a 30-day rolling average. 
The confirmed or modified limit will be established and enforceable 
within 60 months from May 12, 2016.
    (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 three 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 Tilden Grate Kiln Line 1 furnace 
shall meet an emission limit of 500 lbs SO2/hr based on a 30-
day rolling average beginning six months after May 12, 2016. Compliance 
with these emission limits shall be demonstrated with data collected by 
a continuous emissions monitoring system (CEMS) for SO2. The 
owner or operator must start collecting CEMS data for SO2 
beginning six months after May 12, 2016 and submit the data to EPA no 
later than 30 days from the end of each calendar quarter. The Tilden 
Grate Kiln Line 1 furnace shall not be limited to natural gas fuel. 
Beginning six months after May 12, 2016, any coal burned on Tilden Grate 
Kiln Line 1 shall have no more than 0.60 percent sulfur by weight based 
on a monthly block average. The sampling and calculation methodology for 
determining the sulfur content of coal must be described in the 
monitoring plan required for this furnace. The owner or operator must 
calculate an SO2 limit based on 12 continuous months of CEMS 
emissions data and submit such limit, calculations, and CEMS data to EPA 
no later than 36 months after May 12, 2016. If the submitted CEMS 
SO2 hourly data are normally distributed, the SO2 
lbs/hr emission rate shall be based on the appropriate (depending upon 
whether data are statistically independent or dependent) 99% upper 
predictive limit (UPL) equation. If the submitted CEMS SO2 
hourly data are not normally distributed, the SO2 lbs/hr 
emission rate shall be based on the non-parametric equation provided in 
paragraph (p) of this section. Compliance with the SO2 lbs/hr 
emission rate shall be determined on a 30-day rolling average basis. EPA 
will take final agency action by publishing a confirmation or 
modification of the SO2 limit in the Federal Register no 
later than 39 months after May 12, 2016. EPA may adjust the 500 lbs 
SO2/hr limit downward to reflect the calculated 
SO2 emission rate; however, EPA will not increase the 
SO2 limit above 500 lbs SO2/hr.
    (4) Starting 26 months from May 12, 2016, 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 May 12, 2016, the SO2 limit 
for Grate Kiln Line 1 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

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restricted to coal with no greater than 0.60 percent sulfur by weight.
    (l) Testing and monitoring. (1) The owner or operator shall install, 
certify, calibrate, maintain, and operate a CEMS for NOX on 
Tilden Grate Kiln Line 1. 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 Grate Kiln 
Line 1. 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 Grate Kiln Line 1 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) through (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 upon May 12, 2016. All CEMS associated 
with monitoring SO2 must be installed and operational no 
later than six months after May 12, 2016. 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) through (C) of this section.
    (A) Complete a minimum of one cycle of operation (sampling, 
analyzing, and data recording) for each successive 15-minute quadrant of 
an hour.
    (B) Sample, analyze, and record emissions data for all periods of 
process operation except as described in paragraph (l)(4)(viii)(C) of 
this section.
    (C) When emission data from CEMS are not available due to continuous 
monitoring system breakdowns, repairs, calibration checks, or zero and 
span adjustments, emission data must be obtained using other monitoring 
systems or emission estimation methods approved by the EPA. The other 
monitoring systems or emission estimation methods to be used must be 
incorporated into the monitoring plan required by this section and 
provide information such that emissions data are

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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 15-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) through (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 29 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 29 operating days.
    (C) Divide the total number of pounds of the pollutant in question 
emitted during the 30 operating days by the total heat input (or actual 
hours of operation depending on the emission limit selected) during the 
30 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 
five hours during a 24-hour period, then the actual operating hours for 
that day are five. 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 720-hour rolling average emission rate determined from data 
derived from the CEMS required by this section (in lbs/MMBTU) must be 
calculated in accordance with paragraphs (l)(4)(xi)(A) through (C) of 
this section.
    (A) Sum the total pounds of NOX emitted from the unit 
every hour and the previous (not necessarily consecutive) 719 hours for 
which that type of fuel (either natural gas or mixed coal and natural 
gas) was used.
    (B) Sum the total heat input to the unit (in MMBTU) every hour and 
the previous (not necessarily consecutive) 719 hours for which that type 
of fuel (either natural gas or mixed coal and natural gas) was used.
    (C) Divide the total number of pounds of NOX emitted 
during the 720 hours, as defined above, by the total heat input during 
the same 720-hour period. This calculation must be done separately for 
each fuel type (either for natural gas or mixed coal and natural gas).
    (xii) Data substitution must not be used for purposes of determining 
compliance under this regulation.
    (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

[[Page 184]]

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 
five years following the date of creation.
    (iii) Records must be kept on site for at least two years following 
the date of creation and may be kept offsite, but readily accessible, 
for the remaining three years.
    (2) The owner or operator of the BART affected unit must maintain 
the records identified in paragraphs (m)(2)(i) through (xi) of this 
section.
    (i) A copy of each notification and report developed for and 
submitted to comply with this section including all documentation 
supporting any initial notification or notification of compliance status 
submitted, according to the requirements of this section.
    (ii) Records of the occurrence and duration of each startup, 
shutdown, and malfunction of the BART affected unit, air pollution 
control equipment, and CEMS required by this section.
    (iii) Records of activities taken during each startup, shutdown, and 
malfunction of the BART affected unit, air pollution control equipment, 
and CEMS required by this section.
    (iv) Records of the occurrence and duration of all major maintenance 
conducted on the BART affected unit, air pollution control equipment, 
and CEMS required by this section.
    (v) Records of each excess emission report, including all 
documentation supporting the reports, dates and times when excess 
emissions occurred, investigations into the causes of excess emissions, 
actions taken to minimize or eliminate the excess emissions, and 
preventative measures to avoid the cause of excess emissions from 
occurring again.
    (vi) Records of all CEMS data including, as a minimum, the date, 
location, and time of sampling or measurement, parameters sampled or 
measured, and results.
    (vii) All records associated with quality assurance and quality 
control activities on each CEMS as well as other records required by 40 
CFR part 60, appendix F, Procedure 1 including, but not limited to, the 
quality control program, audit results, and reports submitted as 
required by this section.
    (viii) Records of the NOX emissions during all periods of 
BART affected unit operation, including startup, shutdown, and 
malfunction, in the units of the standard. The owner or operator shall 
convert the monitored data into the appropriate unit of the emission 
limitation using appropriate conversion factors and F-factors. F-factors 
used for purposes of this section shall be documented in the monitoring 
plan and developed in accordance with 40 CFR part 60, appendix A, Method 
19. The owner or operator may use an alternate method to calculate the 
NOX emissions upon written approval from EPA.
    (ix) Records of the SO2 emissions or records of the 
removal efficiency (based on CEMS data), depending on the emission 
standard selected, during all periods of operation, including periods of 
startup, shutdown, and malfunction, in the units of the standard.
    (x) Records associated with the CEMS unit including type of CEMS, 
CEMS model number, CEMS serial number, and initial certification of each 
CEMS conducted in accordance with 40 CFR part 60, appendix B, 
Performance Specification 2 must be kept for the life of the CEMS unit.
    (xi) Records of all periods of fuel oil usage as required in 
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) through (viii) of this

[[Page 185]]

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 
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, and 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 
in paragraphs (n)(2)(viii)(A) through (F) of this section.
    (A) The methods used to determine compliance.
    (B) The results of any CEMS performance evaluations and other 
monitoring procedures or methods that were conducted.
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods.
    (D) The type and quantity of air pollutants emitted by the source, 
reported in units of the standard.
    (E) A description of the air pollution control equipment and burners 
installed as required by this section for each emission point.
    (F) A statement by the owner or operator as to whether the source 
has complied with the relevant standards and other requirements.
    (3) The owner or operator must develop and implement a written 
startup, shutdown, and malfunction plan for NOX and 
SO2. The plan must include, at a minimum, procedures for 
operating and maintaining the source during periods of startup, 
shutdown, and malfunction and a program of corrective action for a 
malfunctioning process and air pollution control and monitoring 
equipment used to comply with the relevant standard. The plan must 
ensure that, at all times, the owner or operator operates and maintains 
each affected source, including associated air pollution control and 
monitoring equipment, in a manner which satisfies the general duty to 
minimize or eliminate emissions using good air pollution control 
practices. The plan must ensure that owners or operators are prepared to 
correct malfunctions as soon as practicable after their occurrence.
    (4) The written reports of the results of each performance 
evaluation and QA/QC check in accordance with and as required in 
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.

[[Page 186]]

    (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 3-month period of a calendar year 
(January-March, April-June, July-September, October-December) and must 
include, at a minimum, the requirements of paragraphs (n)(7)(i) through 
(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 in paragraphs (n)(7)(x)(A) through (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

[[Page 187]]

causes), and the total percent of excess emissions (for all causes) for 
the reporting period calculated as described in paragraph (n)(7)(x)(C) 
of this section.
    (A) For purposes of this section, an excess emission is defined as 
any 30-day or 720-hour rolling average period, including periods of 
startup, shutdown, and malfunction, during which the 30-day or 720-hour 
(as appropriate) rolling average emissions of either regulated pollutant 
(SO2 and NOX), as measured by a CEMS, exceeds the 
applicable emission standards in this section.
    (B)(1) 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.
    (2) For purposes of this section, if a facility calculates a 720-
hour 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 24th following 720-
hour rolling average emission rate is calculated and found to exceed the 
applicable emission standards of the rule 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 720-hour rolling 
average period and no additional excess emissions are calculated until 
360 hours 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 with 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 in 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 in 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

[[Page 188]]

period, and then multiplying by 100 to get the total percent of excess 
emissions for the reporting period.
    (xii) A table which identifies each period of excess emissions for 
the reporting period and includes, at a minimum, the information in 
paragraphs (n)(7)(xii)(A) through (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) through (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 in 
paragraphs (n)(8)(i) through (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 are 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 720-hour rolling averages and example calculations 
which show the algorithms used by the CEMS to calculate 30-day rolling 
averages and 720-hour 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

[[Page 189]]

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 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)
    (p) Equations for establishing the upper predictive limit--(1) 
Equation for normal distribution and statistically independent data.
[GRAPHIC] [TIFF OMITTED] TR12AP16.000

Where:

x = average or mean of hourly test run data;
t[(n-1),(0.95)] = t score, the one-tailed t value 
          of the Student's t distribution for a specific degree of 
          freedom (n-1) and a confidence level (0.95; 0.99 for Tilden 
          SO2)
s\2\ = variance of the hourly data set;
n = number of values (e.g. 5,760 if 8 months of valid lbs 
          NOX/MMBTU hourly values)
m = number of values used to calculate the test average (m = 720 as per 
          averaging time)

    (i) To determine if statistically independent, use the Rank von 
Neumann Test on p. 137 of data Quality Assessment: Statistical Methods 
for Practitioners EPA QA/G-9S.
    (ii) Alternative to Rank von Neumann test to determine if data are 
dependent, data are dependent if t test value is greater than t critical 
value, where:
[GRAPHIC] [TIFF OMITTED] TR12AP16.001

[rho] = correlation between data points
t critical = t[(n-2),(0.95)] = t score, the two-
          tailed t value of the Student's t distribution for a specific 
          degree of freedom (n-2) and a confidence level (0.95)

    (iii) The Anderson-Darling normality test is used to establish 
whether the data are normally distributed. That is, a distribution is 
considered to be normally distributed when p  0.05.
    (2) Non-parametric equation for data not normally distributed and 
normally distributed but not statistically independent.

m = (n + 1) * [alpha]

m = the rank of the ordered data point, when data are sorted smallest to 
          largest. The data points are 720-hour averages for 
          establishing NOX limits.
n = number of data points (e.g., 5040 720-hourly averages for eight 
          months of valid NOX lbs/MMBTU values)
[alpha] = 0.95, to reflect the 95th percentile

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

UPL = Xm

Where:

Xm = value of the m\th\ data point in terms of lbs SO2/hr or 
          lbs NOX/MMBTU, when the data are sorted smallest to 
          largest.

    If m is not a whole number, the limit shall be computed by linear 
interpolation according to the following equation.

UPL = xm = xmi[middot]md = xmi + 0.md (xmi+1-xmi)

Where:

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

[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; 81 FR 21681, Apr. 12, 2016; 82 FR 
3129, Jan. 10, 2017]

[[Page 190]]



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.
    (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

[[Page 191]]

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, 
2014,
    (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 2015 or any year thereafter;
    (3) By March 3, 2015, the Administrator will remove from the CAIR 
NOX Allowance Tracking System accounts all CAIR 
NOX allowances allocated for a control period in 2015 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 March 3, 2015, 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 
2015 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 CSAPR 
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 the SIP's deficiency that is the basis for the CSAPR 
Federal Implementation Plan under Sec. 52.38(a) for those sources and 
units, 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 CSAPR 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 CSAPR 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 CSAPR 
NOX Ozone Season Group 1 Trading Program in subpart BBBBB of 
part 97 of this chapter must comply with such requirements with regard 
to emissions occurring in 2015 and 2016.
    (2) 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 CSAPR NOX 
Ozone Season Group 2 Trading Program in subpart EEEEE of part 97 of this 
chapter must comply with such requirements with regard to emissions 
occurring in 2017 and each subsequent year. 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

[[Page 192]]

the basis for the CSAPR Federal Implementation Plan (FIP) under Sec. 
52.38(b) for those sources and units, except to the extent the 
Administrator's approval is partial or conditional, provided that 
because the CSAPR FIP was promulgated as a partial rather than full 
remedy for an obligation of the State to address interstate air 
pollution, the SIP revision likewise will constitute a partial rather 
than full remedy for the State's obligation unless provided otherwise in 
the Administrator's approval of the SIP revision. 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.
    (3) Notwithstanding the provisions of paragraph (e)(2) of this 
section, if, at the time of the approval of Michigan's SIP revision 
described in paragraph (e)(2) of this section, the Administrator has 
already started recording any allocations of CSAPR NOX Ozone 
Season Group 2 allowances under subpart EEEEE of part 97 of this chapter 
to units in the State for a control period in any year, the provisions 
of subpart EEEEE of part 97 of this chapter authorizing the 
Administrator to complete the allocation and recordation of CSAPR 
NOX Ozone Season 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 76 FR 48367, Aug. 8, 2011; 76 
FR 80774, Dec. 27, 2011; 79 FR 71671, Dec. 3, 2014; 81 FR 74586, 74597, 
Oct. 26, 2016]



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, 
2014,
    (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 2015 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 CSAPR 
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 the SIP's deficiency that is the basis for the CSAPR 
Federal Implementation Plan under Sec. 52.39 for those sources and 
units, 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 Michigan's

[[Page 193]]

SIP revision described in paragraph (c)(1) of this section, the 
Administrator has already started recording any allocations of CSAPR 
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 CSAPR 
SO2 Group 1 allowances to units in the State for each such 
control period shall continue to apply, unless provided otherwise by 
such approval of the State's SIP revision.

[72 FR 62350, Nov. 2, 2007, as amended at 76 FR 48368, Aug. 8, 2011; 79 
FR 71671, Dec. 3, 2014; 81 FR 74586, 74597, Oct. 26, 2016]



Sec. 52.1188  Control strategy: Lead (Pb).

    (a) Based upon EPA's review of the air quality data for the three-
year period 2012 to 2014, EPA determined that the Belding, MI Pb 
nonattainment area has attained the 2008 Pb 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 as long as this area continues to meet the 
2008 Pb NAAQS.
    (b) [Reserved]

[80 FR 43960, July 24, 2015]

    Effective Date Note: At 82 FR 24870, May 31, 2017, Sec. 52.1188 was 
amended by adding paragraphs (b) and (c), effective July 31, 2017. For 
the convenience of the user, the added and revised text is set forth as 
follows:



Sec. 52.1188  Control strategy: Lead (Pb).

                                * * * * *

    (b) Michigan's 2013 lead emissions inventory for the Belding area as 
submitted on January 12, 2016, satisfying the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for the Belding 
area.
    (c) Approval. The 2008 lead maintenance plan for the Belding, 
Michigan nonattainment area has been approved as submitted on January 
12, 2016.



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

[[Page 194]]

27, 1974, by the State of Michigan Department of Natural Resources.
    (12) Air Quality Maintenance Area identifications were submitted on 
October 18, 1974, by the State of Michigan Department of Natural 
Resources.
    (13) Provisions to disapprove an installation permit if the 
applicant source would interfere with the attainment or maintenance of 
national air quality standards were submitted by the Governor on January 
25, 1974.
    (14) Order extending the final compliance dates for meeting the 
sulfur dioxide emission limitation was submitted by the Michigan 
Department of Natural Resources for the Karn, Weadock and Cobb Plant 
Units of the Consumers Power Co.
    (15) Order extending compliance date for meeting the sulfur dioxide 
emission limitation was submitted by the State of Michigan Department of 
Natural Resources for the Detroit Edison Company, Monroe County Plant on 
December 12, 1977.
    (16) On April 25, 1979, the State submitted its nonattainment area 
plan for areas designated nonattainment as of March 3, 1978 and as 
revised on October 5, 1978. This submittal contained Michigan's Part D 
attainment plans for particulate matter, carbon monoxide, sulfur 
dioxide, transportation and new source review, plus a copy of Michigan's 
existing and proposed regulations. USEPA is not taking action at this 
time to include in the federally approved SIP certain portions of the 
submittal: Provisions in R 336.1310 concerning open burning; 336.1331, 
insofar as it may pertain to process sources in the iron and steel 
category and site specific revisions; 1349, 1350, 1351, 1352, 1353, 
1354, 1355, 1356 and 1357 as they pertain to specific iron and steel 
source operations; Part 5, Extension of Sulfur Dioxide Compliance Date 
for Power Plants Past January 1, 1980; Part 7, Emission Limitations and 
Prohibitions--New Sources of Volatile Organic Compound Emissions; 
R336.1701-1710 controlling minor sources of volatile organic compounds; 
Part 11, Continuous Emission Monitoring; Part 13, Air Pollution 
Episodes; Part 16, Organization and Procedures; and Part 17, Hearings.
    (17) On October 12, 1979, the State submitted comments and 
commitments in response to USEPA's notice of proposed rulemaking.
    (18) On January 9, 1980, the State submitted a copy of the finally 
adopted rules of the Commission. These rules became fully effective on 
January 18, 1980. These finally adopted rules are identical to the rules 
submitted on April 25, 1979, as part of Michigan's Part D nonattainment 
area plan except for a modification in the numbering system. Paragraph 
(c)(16) of this subpart identifies those rules on which USEPA has not 
taken action.
    (19) On February 6, 1980, the State submitted the visible emission 
test method for stationary sources referenced in Rule 336.1303 as being 
on file with the Michigan Air Pollution Control Commission. On March 7, 
1980, the State submitted clarifications to the visible emissions test 
method.
    (20) On March 31, 1980, the State submitted revisions to the 
conditional approval schedules for total suspended particulates.
    (21) On July 25, 1979, the State submitted the official ozone 
attainment plan as part of the State Implementation Plan.
    (22) On October 26, 1979, the State submitted comments and revisions 
to the transportation plans and vehicle inspection/maintenance portions 
of the State Implementation Plan for ozone in response to USEPA's notice 
of proposed rulemaking (45 FR 47350).
    (23) On November 8, 1979, the State submitted revisions to the ozone 
attainment plan.
    (24) On December 26, 1979, the State submitted comments and 
additional information from the lead local agencies on the 
transportation control plans for the Flint, Lansing, Grand Rapids and 
Detroit urban areas.
    (25) On May 12, 1980, the State submitted corrections and comments 
in response to USEPA's notice of proposed rulemaking (45 FR 25087).
    (26) On March 20, 1980, the State submitted commitments and 
additional revisions to the Inspection/Maintenance program for the 
Detroit urban area.
    (27) On February 23, 1979, compliance schedules were submitted by 
the State

[[Page 195]]

of Michigan, Department of Natural Resources to USEPA for the Detroit 
Edison, St. Clair Power Plant. Additional material concerning the Final 
Order issued to the Detroit Edison, St. Clair Power Plant was submitted 
on June 17, 1979 and August 14, 1979.
    (28) On August 22, 1979, the State of Michigan submitted to USEPA an 
Administrative Order, for the Lansing Board of Water and Light (Order 
No. 4-1979, adopted May 23, 1979). In letters dated February 13, 1980 
and April 1, 1980, the State of Michigan withdrew certain paragraphs 
(sections A, B, C1, D, E, F, and G) of the Order from consideration by 
USEPA.
    (29) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources to USEPA on October 26, 1979, for the 
Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 08-
1979, adopted October 17, 1979).
    (30) On July 26, 1979, the State of Michigan submitted to USEPA a 
revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell 
Plant. The revision is a Final Order (No. 05-1979) extending the 
compliance date until January 1, 1985 for the Campbell Plant to meet the 
sulfur dioxide emission limitations in Rule 336.49. On February 14, 
1980, the State of Michigan submitted to USEPA an amendment to Order No. 
05-1979.
    (31) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources to USEPA on November 13, 1979, for the 
S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09-
1979, adopted October 31, 1979).
    (32) On December 19, 1979, the State of Michigan submitted a 
revision to provide for modification of the existing air quality 
surveillance network.
    (33) On December 10, 1979, the State of Michigan submitted to USEPA 
a Final Order (APC No. 6-1979) issued by the Michigan Air Pollution 
Control Commission to the Consumers Power Company B.C. Cobb Plant. The 
Order requires the source to utilize 2.5% sulfur on an annual basis 
until January 1, 1985 when the company must meet the sulfur dioxide 
(SO2) emission limitation in Michigan Rule 336.1401.
    (34) On January 8, 1980, the State of Michigan submitted to USEPA a 
Final Order (APC No. 14-1979) requested of the Michigan Air Pollution 
Control Commission (MAPCC) by the Union Camp Corporation in Monroe 
County, Michigan. The Order permitted the Union Camp Corporation to burn 
2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily 
average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980 
until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on 
an annual average and 4.0% sulfur fuel daily average. Beginning July 1, 
1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur 
fuel annual average and 3.5% sulfur fuel daily average. After January 1, 
1985; the Company has agreed to comply with the SO2 emission 
limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.
    (35) On August 4, 1980 and August 8, 1980, the State of Michigan 
submitted to EPA additional information on the transportation control 
plan for the Niles, Michigan urbanized area.
    (36) On January 10, 1980, the State of Michigan submitted to USEPA a 
Final Order (APC No. 16-1979) issued by the Michigan Air Pollution 
Control Commission to the Northern Michigan Electric Cooperative Advance 
Steam Plant. The Order allows the source to continue burning 2.0% sulfur 
coal (maximum daily average) until January 1, 1985 when the Company must 
meet the sulfur dioxide (S02) emission limitations in Michigan Rule 
336.1401.
    (37) On November 26, 1980, the State submitted a schedule to correct 
plan deficiencies cited by USEPA in its September 9, 1980 notice of 
proposed rulemaking on a portion of Michigan's Part D TSP control 
strategy pertaining to iron and steel sources. On April 1, 1981, the 
State submitted a revised schedule. USEPA has not taken action on the 
schedule submitted by the State.
    (38) On April 10, 1981 the Governor of Michigan committed to 
annually administer and submit the questionnaire developed for the 
purposes of section 128.
    (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

[[Page 196]]

Michigan Air Pollution Control Commission.
    (40) Revised compliance schedules were submitted by the State of 
Michigan, Department of Natural Resources (MDNR) to EPA on January 14, 
1981, for the Dundee Cement Company, Monroe County (Michigan Final 
Order, APC No. 16--1980, adopted November 19, 1980). The revised Order 
provides an earlier final compliance date of December 31, 1980 for 
reducing the particulate matter emissions to 0.20 pounds per 1,000 
pounds of exhaust gases and December 31, 1981 for visible emission 
reductions from the Company's cement kilns.
    (41) On April 25, 1979, the State submitted materials which satisfy 
the intergovernmental consultation process.
    (42) On July 28, 1980, the State submitted an amendment to Michigan 
Air Pollution Control Commission Rule 221 which exempts minor sources of 
particulate matter and sulfur dioxide from the offset requirements.
    (43) On August 25, 1981, the State of Michigan, Department of 
Natural Resources (MDNR), submitted to EPA Consent Order No. 16-1981 for 
the Marathon Oil Company in Muskegon County. Consent Order No. 16-1981 
satisfies USEPA's conditional approval of R336.1603 by providing 
detailed compliance schedules containing the increments of progress 
required by 40 CFR 51.15.
    (44) On September 1, 1981, the State of Michigan, Department of 
Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220 
requiring offsets in ozone nonattainment areas to exempt the same 
compounds listed in EPA's Federal Register of July 22, 1980 (45 FR 
48941). The revised R336.1220 also allows offsets of emissions for new 
sources in any of the seven counties in the southeastern Michigan ozone 
nonattainment area to be obtained from any of those counties, not just 
the county in which the new source is locating (Wayne, Oakland, Macomb, 
St. Clair, Washtenaw, Livingston, and Monroe).
    (45) On May 24, 1980, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 10-1979 for the Buick 
Motor Division Complex (BMDC) of the Buick Motors Division, General 
Motors Corporation. The BMDC is located in the City of Flint, Genesee 
County, a primary nonattainment area. On December 2, 1980, supplementary 
information was submitted by MDNR. The Consent Order contains 
enforceable emission limitations and control measures for the attainment 
of the primary TSP standards in Genesee County by December 31, 1982.
    (46) On July 17, 1980, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 01-1980 for the Grey 
Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet 
Motor Division, General Motors Corporation. The two plants are located 
in Saginaw County, a primary nonattainment area. On September 5, 1980 
and February 6, 1981, supplementary information was submitted by MDNR. 
The Consent Order contains enforceable emission limitations and control 
measures for the attainment of the primary TSP standards in Saginaw 
County by December 31, 1982.
    (47) On March 4, 1981, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 12-1980 for the New 
Haven Foundry located in Macomb County, a secondary nonattainment area. 
The Consent Order contains enforceable emission reductions to achieve 
the secondary TSP standards by June 30, 1985.
    (48) On May 1, 1981, the State of Michigan, through the Department 
of Natural Resources, submitted Consent Order 07-1981 for the Detroit 
Edison Company, Boulevard Heating Plant located in the City of Detroit, 
Wayne County. Under Michigan Rule 336.1331(1)(a), the plant was 
restricted to a particulate emission limit of 0.45 pounds of particulate 
per 1000 pounds flue gas or an equivalent of 410 tons per year. The 
Consent Order, pursuant to Michigan Rule 333.1331(1)(d), establishes a 
new limitation for the Boulevard Plant of 0.65 pounds per 1000 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

[[Page 197]]

attached rule will not have a significant economic impact on a 
substantial number of small entities.
    (49) On March 7, 1980 and April 21, 1981 the State of Michigan 
submitted particulate studies for the Detroit area. These studies 
satisfy EPA's conditional approval and the State's commitment.
    (50) On October 22, 1981, the State of Michigan submitted as a SIP 
revision Consent Order No. 17-1981, between Conoco, Inc., and the 
Michigan Air Pollution Control Commission. The Consent Order establishes 
a compliance schedule for Conoco, Inc. to achieve the Volatile Organic 
Compounds (VOC) limitations in R336.1609 by December 31, 1982.
    (51) On December 27, 1979, the State of Michigan, Department of 
Natural Resources (MDNR), submitted to EPA a revision to the State 
Implementation Plan (SIP) for Lead. On February 9, 1981, the State of 
Michigan submitted a letter clarifying provisions of its Lead SIP. The 
SIP provides for the implementation of measures for controlling lead 
emissions for the attainment and maintenance of the national ambient air 
quality standards for lead in Michigan by October 31, 1982.
    (52) On June 26, 1981, the State of Michigan, Department of Natural 
Resources, submitted to EPA Consent Order No. 12-1981 for controlling 
particulate emissions from the liquid waste incinerator in Building 830 
at the Dow Chemical Company's Midland plant. The Consent Order provides 
a schedule which establishes a final particulate emissions compliance 
date of October 1, 1982.
    (53) On August 24, 1981, the State of Michigan, Department of 
Natural Resources, submitted to EPA Consent Order APC No. 19-1981 for 
controlling particulate emissions from Dow's West Side and South Side 
powerplants. On October 16, 1981, the State of Michigan submitted a 
letter to EPA clarifying specific sections intended for EPA's rulemaking 
action. All particulate emission sources at Dow must comply with various 
parts of Michigan's SIP by December 31, 1985. The Consent Order does not 
interfere with the attainment of the primary particulate NAAQS standard 
by December 31, 1982 or the secondary particulate NAAQS by October 1, 
1984.
    (54) On December 16, 1981, the State of Michigan submitted to EPA 
Consent Order APC No. 21-1981 for the Monitor Sugar Company. Consent 
Order APC No. 21-1981 provides for additional controls on its coal-fired 
boilers, 1, 2, 3, and 4 and establishes a final compliance date of 
October 15, 1982 for attaining the primary National Ambient Air Quality 
Standards.
    (55) On January 7, 1982, the State of Michigan submitted to EPA 
Consent Order APC No. 23-1981 for the Traverse City Board of Light and 
Power. Consent Order APC No. 23-1981 limits the company's operation of 
its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides 
for additional controls on its No. 4 coal-fired boiler; and establishes 
a final compliance date of December 31, 1982.
    (56) On September 2, 1981, the State of Michigan submitted a 
revision to the ozone plan consisting of RACT requirements for the 
control of volatile organic compound emissions from stationary 
industrial sources (Group II) referenced in Rules R336.1101-3, 5-9, 14-
16, 18-21, 23; R336.1601, 3-4, 10, 19-27; and R336.2005.
    (57) On March 3, 1982, the State of Michigan submitted a 
modification to its schedule for submitting by December 31, 1982 
regulations developed to correct the State's deficiencies in its Part D 
State Implementation Plan for the attainment of the total suspended 
particulate air quality standards in its nonattainment areas containing 
iron and steel sources.
    (58) On December 16, 1981, the State of Michigan submitted as a SIP 
revision consent order APC No. 18-1981 between General Motors 
Warehousing and Distribution Division and the Michigan Air Pollution 
Control Commission. On March 16, 1982, Michigan submitted an amendment 
to consent order APC No. 18-1981. The Consent Order provides a one year 
extension from October 15, 1982 until October 15, 1983 for the Company's 
No. 1 and No. 2 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

[[Page 198]]

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

[[Page 199]]

and extends the compliance date for surface coating operations until 
December 31, 1987. On November 29, 1982, and March 10, 1983, the State 
submitted additional information.
    (69) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 11-1982, 
between the General Motors Fisher Body Division, Fleetwood Plant and the 
Michigan Air Pollution Control Commission. On March 10, 1983, the State 
submitted additional information for this SIP revision. The Consent 
Order establishes a Volatile Organic Compound (VOC) emissions compliance 
schedule as required under Michigan's Rules 336.1603 and 336.1610, and 
extends the final compliance date for surface coating operations until 
December 31, 1987.
    (70) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 12-1982, 
between the General Motors, Cadillac Motors Car Division and the 
Michigan Air Pollution Control Commission. On March 10, 1983, the State 
submitted additional information for this SIP revision. The Consent 
Order establishes a Volatile Organic Compound (VOC) emission compliance 
schedule as required under Michigan's Rule 336.1603 and R336.1610, and 
extends the compliance date for surface coating operations until 
December 31, 1987.
    (71) On September 1, 1982, the State of Michigan submitted a request 
to reduce the size of the ozone demonstration area for Southeast 
Michigan from the seven-county area of Wayne, Oakland, Macomb, 
Livingston, Monroe, St. Clair and Washtenaw to a three-county area 
consisting of Wayne, Oakland, and Macomb Counties.
    (72) On November 18, 1982, the State of Michigan submitted Consent 
Order APC No. 06-1980, along with alterations for the General Motors 
Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant 
in the City of Saginaw, County of Saginaw as a revision to the Michigan 
SIP. Consent Order No. 06-1980, as amended, reflects an interim and 
final particulate emission limit more stringent than Michigan's rule 
336.1331; extends the final date of compliance with Michigan's Rule 
336.1301 for opacity on the oil quench facilities from December 31, 
1982, to December 15, 1983, which is as expeditiously as practicable and 
before the July 31, 1985, attainment date for the secondary TSP NAAQS in 
Michigan.
    (73) On June 30, 1983, the State of Michigan submitted as a State 
Implementation Plan (SIP) revision. Consent Order No. 4-1983 between the 
General Motors Corporation's Oldsmobile Division and the Michigan Air 
Pollution Control Commission. The Consent Order establishes a Volatile 
Organic Compound (VOC) emissions compliance schedule as required under 
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance 
dates for prime, primer-surfacer, topcoat, and final repair operations 
until December 31, 1987.
    (74) On June 30, 1983, the State of Michigan submitted as a State 
Implementation Plan (SIP) revision. Consent Order No. 5-1983, between 
the General Motors Corporation's Assembly Division and the Michigan Air 
Pollution Control Commission. The Consent Order established a Volatile 
Organic Compound (VOC) emission compliance schedule as required under 
Michigan's Rule 336.1603 and R336.1610, and provides interim compliance 
limits to be achieved by December 31, 1984, and extends the final 
compliance dates for topcoating and final repair coating operations 
until December 31, 1987.
    (75) On October 4, 1983, the State of Michigan submitted: (1) A 
revised Consent Order APC No. 12-1979 between CWC Castings Division of 
Textron and the Michigan Air Pollution Control Commission and (2) 
Article 14, Section J of the Muskegon County APC Rules. Consent Order 
APC No. 12-1979 requires reductions of point source emissions and 
fugitive emissions and extends the 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.

[[Page 200]]

    (76) On August 24, 1983, the State of Michigan submitted a State 
Implementation Plan (SIP) revision request for an extension of the 
compliance date for Boiler No. 2 for the General Motors Corporation 
Warehousing and Distribution Division, in Swartz Creek County. Consent 
Order No. 18-1981 extends the compliance date until October 15, 1985 for 
GMC to install mechanical collectors on Boiler No. 2.
    (77) On March 8, 1984, the State of Michigan submitted a report 
which demonstrated that Rule 336.1606 contains emission limits 
equivalent to Reasonable Available Control Technology (RACT) for Wayne, 
Oakland and Macomb Counties. Therefore, USEPA remove its conditional 
approval of Rule 336.1606 and fully approves the State's rule.
    (78) On September 6, 1984, the State of Michigan submitted a 
revision to the Michigan State Implementation Plan for the General 
Motors Corporation Buick Motor Division in the form of an Alteration of 
Stipulation for Entry of Consent Order and Final Order, No. 8-1982. The 
original Consent Order No. 8-1982 was federally approved on July 6, 
1983. This alteration revises Consent Order No. 8-1982, in that it 
accelerates the final compliance dates for prime and prime-surfacer 
operations and extends an interim compliance date for topcoat 
operations.
    (i) Incorporation by reference.
    (A) State of Michigan, Air Pollution Control Commission, Alteration 
of Stipulation for Entry Consent Order and Final Order SIP No. 8-1983, 
which was approved by the Air Pollution Control Commission on April 2, 
1984.
    (B) Letter of September 6, 1984, from the State of Michigan, 
Department of Natural Resources, to EPA.
    (79) On December 2, 1983, USEPA proposed to withdraw its approval of 
Michigan's fugitive dust regulations. On April 25, 1985, the State of 
Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and 
new Rule 336.1373. However, they did not meet the requirements of Part D 
of section 172(b); and USEPA, therefore, withdrew its approval of these 
submittals, disapproved these submittals, and instituted new source 
restrictions for major sources in the Michigan primary Total Suspended 
Particulate (TSP) nonattainment areas on August 20, 1985. USEPA 
incorporates revised Rule 336.1371 and newly submitted Rule 336.1373 
into the Michigan State Implementation Plan because they provide a 
framework for the development of fugitive dust control programs at the 
State level in Michigan. USEPA retains Rule 336.1372, which is already 
incorporated into the Michigan SIP, insofar as it applies to sources in 
TSP attainment areas. This paragraph supercedes paragraph (C)(61) of 
this section.
    (i) Incorporation by reference.
    (A) Michigan Department of Natural Resources Rules 336.1371 and 
336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.
    (80) On July 27, 1983, the State of Michigan submitted Consent Order 
No. 08-1983 for the General Motors Corporation Central Foundry 
Division's Saginaw Malleable Iron Plant, as a revision to the Michigan 
State Implementation Plan for Total Suspended Particulates. Consent 
Order No. 08-1983 amends control strategy provisions of federally 
approved (November 18, 1982 and August 15, 1983) Consent Order No. 06-
1980 and its alteration.
    (i) Incorporation by reference.
    (A) Stipulation for Entry of Consent Order and Final Order No. 08-
1983 for the General Motors Corporation Central Foundry Division's 
Saginaw Malleable Iron Plant amending Control Strategy Provisions issued 
June 9, 1983.
    (81) On October 1, 1984, the State of Michigan submitted the 
Stipulation for Entry of Consent Order and Final Order, SIP No. 12-1984, 
between the Consumer Power Company's J.H. Campbell and the Michigan Air 
Pollution Control Commission as a revision to the Michigan 
SO2 SIP. Consent Order No. 12-1984 provides a 3-year 
compliance date extension (January 1, 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

[[Page 201]]

Order, SIP No. 12-1984, establishing interim daily average 
SO2 emission limitations and quarterly average limits on 
percent sulfur is fuel fired.
    (82) The State of Michigan submitted negative declarations for 
several volatile organic compound source categories, as follows:

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

    (i) Incorporation by reference.
    (A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985, 
from Robert P. Miller, Chief, Air Quality Division, Michigan Department 
of Natural Resources. The letter dated June 12, 1985, includes pages 2-
119 and 2-120 from the revised 1982 Air Quality Implementation Plan for 
Ozone and Carbon Monoxide in Southeast Michigan.
    (83) On September 16, 1985, the State of Michigan submitted a SIP 
revision requesting alternate opacity limits for the Packaging 
Corporation of America (PCA) bark boiler. The request is in the form of 
a Stipulation for Entry of Consent Order and Final Order (No. 23-1984). 
The Consent Order contains an extended schedule for the PCA's bark 
boiler to comply with Michigan's Rule 336.1301.
    (i) Incorporation by reference.
    (A) Stipulation for Entry of Consent Order and Final Order No. 23-
1984 for the Packaging Corporation of America, approved on July 8, 1985.
    (84) On April 29, 1986, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan (SIP) for total suspended 
particulates (TSP). The revision, in the form of Air Pollution Control 
Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in 
the TSP portion of the Michigan SIP with respect to: car ferries having 
the capacity to carry more than 110 motor vehicles; and coal-fired 
trains used in connection with tourism.
    (i) Incorporation by reference.
    (A) Act No. 65 of the Public Acts of 1986, as approved by the 
Governor of Michigan on March 30, 1986.
    (85) On April 25, 1979, the State of Michigan submitted as revisions 
to the Air Quality Implementation Plan, Michigan Department of Natural 
Resources Air Pollution Control Commission General Rules for Open 
Burning; Continuous Emission Monitoring; Air Pollution Episodes; 
Organization, Operation and Procedures; and Hearings.
    (i) Incorporation by reference.
    (A) R 336.1310, Open Burning, effective January 18, 1980.
    (B) R 336.2101-3, R 336.2150-5, R 336.336-2159, R 336.2170, 
R336.2175-6, R 336.2189-90, and R 336.2199; Continuous Emission 
Monitoring, effective January 18, 1980.
    (C) R 336.2301-8, Air Pollution Episodes, effective January 18, 
1980.
    (D) R 336.2601-8, Organization, Operating, and Procedures, effective 
January 18, 1980.
    (E) R 336.2701-6, Hearings, effective January 18, 1980.
    (86) On May 25, 1988, the State of Michigan submitted an SIP 
revision in the form of an addendum to the State's Rule 336.1122, 
effective at the State level on May 20, 1988. The amendment will allow 
coating companies to exclude methyl chloroform from the VOC emission 
calculation when it is not technically or economically reasonable. This 
exemption applies only to the surface coating operations that are 
subject to Part 6 (Emission Limitations and Prohibitions--Existing 
Sources of VOC Emissions) or Part 7 (Emission Limitations and 
Prohibitions--New Sources of VOC Emissions) of the State's regulations.
    (i) Incorporation by reference.
    (A) R336.1122, Methyl Chloroform; effective at the State level on 
May 20, 1988.
    (87)-(89) [Reserved]
    (90) On December 17, 1987, the State of Michigan submitted to USEPA 
a revision to the Michigan State Implementation Plan for the Continental 
Fiber Drum, Inc., which limits volatile 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

[[Page 202]]

Order No. 14-1987, which was adopted by the State on December 9, 1987.
    (B) Letter of December 17, 1987, from the State of Michigan, 
Department of Natural Resources to USEPA.
    (91) On May 17, 1985, the State submitted revised rules for the 
control of particulate matter from iron and steel sources and from other 
sources in Michigan. These rules were submitted to fulfill conditions of 
USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total 
suspended particulates (TSP) State Implementation Plan (SIP). USEPA is 
approving these revised rules in the Michigan submittal except for the 
following provisions: The quench tower limit in rule 336.1331, Table 31, 
Section C.8, because allowing water quality limits to apply only to 
makeup water is a relaxation; the deletion of the limit in rule 336.1331 
for coke oven coal preheater equipment, because it is a relaxation, and 
rule 336.1355, because it provides an unlimited exemption for emissions 
from emergency relief valves in coke oven gas collector mains.
    (i) Incorporation by reference.
    (A) Revision to parts 1, 3, and 10 of Michigan's administrative 
rules for air pollution control (Act 348 of 1967, as amended) as adopted 
by the Michigan Air Pollution Control Commission on December 18, 1984. 
These rules became effective in Michigan on February 22, 1985.
    (92) On October 10, 1986, the State of Michigan supported portions 
of the revised Wayne County Air Pollution Control Division Air Pollution 
Control Ordinance as approved by Wayne County on September 19, 1985, as 
a revision to the Michigan State Implementation Plan.
    (i) Incorporation by reference.
    (A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5, 
section 501, of the Wayne County Ordinance which incorporate by 
reference the following parts of the State rules: The quench tower limit 
in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in 
Rule 336.1331 for coke oven coal preheater equipment; and Rule 
336.1355), 8 (except section 802), 9, 11, 12, 13 and appendices A and D 
of the Wayne County Air Pollution Control Division (WCAPCD) Air 
Pollution Control Ordinance as approved by WCAPCD on September 19, 1985.
    (93) On November 16, 1992, the Michigan Department of Natural 
Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), 
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 
Michigan Air Pollution Reporting Forms, Reference Tables, and General 
Instructions as the States emission statement program. Natural Resources 
Commission Rule 336.202 (Rule 2) became effective November 11, 1986. 
Section 5 and 14a of the 1965 Air Pollution Act 348 became effective 
July 23, 1965.
    (i) Incorporation by reference.
    (A) Natural Resources Commission Rule 336.202 (Rule 2) became 
effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution 
Act 348 became effective July 23, 1965.
    (94) On November 13, 1992, January 8, 1993, and November 12, 1993, 
the State of Michigan submitted a Small Business Stationary Source 
Technical and Environmental Assistance Program for incorporation in the 
Michigan State Implementation Plan as required by section 507 of the 
Clean Air Act.
    (i) Incorporation by reference.
    (A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts 
of 1993, approved by the Governor on April 1, 1993, and effective upon 
approval.
    (95) On November 15, 1993, the State of Michigan requested revision 
to the Michigan State Implementation Plan (SIP) to incorporate 
miscellaneous technical rule changes that the State had made effective 
April 20, 1989.
    (i) Incorporation by reference.
    (A) Michigan Air Pollution Control Rules: R 336.1107 (except 
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R 
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705, 
effective April 20, 1989.
    (96) Revisions to the Michigan Regulations submitted on June 12, 
1993 and 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

[[Page 203]]

April 12, 1993 and effective on April 27, 1993:
    (1) R 336.1101 Definitions; A--Revised definitions of the following 
terms: actual emissions, air-dried coating, air quality standard, 
allowable emissions and alternate opacity.
    (2) R 336.1103 Definitions; C--Added definition of coating category. 
Revised definitions of the following terms: calendar day, class II 
hardboard paneling finish, coating line, coating of automobiles and 
light-duty trucks coating of fabric, coating of large appliances, 
coating of paper, coating of vinyl, component, component in field gas 
service, component in gaseous volatile organic compound service, 
component in heavy liquid service, component in light liquid service, 
component in liquid volatile organic compound service, condenser, 
conveyorized vapor degreaser, and creditable.
    (3) R 336.1105 Definitions; E--Added definition of the term extreme 
environmental conditions. Revised definitions of the following terms: 
electrostatic prep coat, equivalent method and extreme performance 
coating.
    (4) R 336.1116 Definitions; P--Revised definitions of the following 
terms: packaging rotogravure printing, printed interior panel, process 
unit turnaround, publication rotogravure printing and pushside. Deleted 
definition of the term pneumatic rubber tire manufacturing.
    (5) R 336.1122 Definitions; V--Added definition of the term vapor 
collection system. Revised definitions of the following terms: very 
large precipitator and volatile organic compound.
    (6) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions (entire rule).
    (7) R 336.1610 Existing coating lines; emission of volatile organic 
compounds from exiting automobile, light-duty truck, and other product 
and material coating lines (entire rule).
    (8) R 336.1611 Existing cold cleaners (entire rule).
    (9) R 336.1619 Perchloroethylene; emission from existing dry 
cleaning equipment (entire rule).
    (10) R 336.1620 Emission of volatile organic compounds from existing 
flat wood paneling coating lines (entire rule).
    (11) R 336.1621 Emission of volatile organic compounds from existing 
metallic surface coating lines (entire rule).
    (12) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program (entire 
rule).
    (13) R 336.1623 Storage of petroleum liquids having a true vapor 
pressure of more than 1.0 psia, but less than 11.0 psia, in existing 
external floating roof stationary vessels of more than 40,000-gallon 
capacity (entire rule).
    (14) R 336.1625 Emission of volatile organic compounds from existing 
equipment utilized in manufacturing synthesized pharmaceutical products 
(entire rule).
    (15) R 336.1627 Delivery vessels; vapor collection systems (entire 
rule).
    (16) R 336.1630 Emission of volatile organic compounds from existing 
paint manufacturing processes (entire rule).
    (17) R 336.1631 Emission of volatile organic compounds from existing 
process equipment utilized in manufacture of polystyrene or other 
organic resins (entire rule).
    (18) R 336.1632 Emission of volatile organic compounds from existing 
automobile, truck, and business machine plastic part coating lines 
(entire rule).
    (19) R 336.1702 General provisions of new sources of volatile 
organic compound emissions (entire rule).
    (20) R 336.2004 Appendix A; reference test methods; adoption of 
federal reference test methods (entire rule).
    (21) R 336.2006 Reference test method serving as alternate version 
of federal reference test method 25 by incorporating Byron analysis 
(entire rule).
    (22) R 336.2007 Alternate version of procedure L, referenced in R 
336.2040(10) (entire rule).
    (23) R 336.2040 Method for determination of volatile organic 
compound emissions from coating lines and graphic arts lines (except R 
336.2040(9) and R 336.2040(10)).
    (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:

[[Page 204]]

    (1) R 336.1601 Definitions--Added definition of the term person 
responsible.
    (2) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions--Addition of provisions requiring submittal 
of site-specific SIP revisions to EPA for the use of equivalent control 
methods allowed under rules 336.1628(1) and 336.1629(1).
    (3) R 336.1624 Emission of volatile organic compounds from existing 
graphic arts lines (entire rule).
    (4) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing synthetic 
organic chemicals and polymers; monitoring program (entire rule).
    (5) R 336.1629 Emission of volatile organic compounds from 
components of existing process equipment used in processing natural gas; 
monitoring program (entire rule).
    (C) Senate Bill No. 726 of the State of Michigan 87th Legislature 
for Stage I controls signed and effective on November 13, 1993.
    (D) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 39-1993 which was adopted 
by the State on November 12, 1993.
    (E) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 40-1993 which was adopted 
by the State on November 12, 1993.
    (F) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 3-1993 which was adopted 
by the State on June 21, 1993.
    (97) On November 12, 1993, the State of Michigan submitted a 
revision to the State Implementation Plan (SIP) for the implementation 
of a motor vehicle inspection and maintenance (I/M) program in the Grand 
Rapids and Muskegon ozone nonattainment areas. This revision included 
House Bill No. 4165 which establishes an I/M program in Western 
Michigan, SIP narrative, and the State's Request for Proposal (RFP) for 
implementation of the program. House Bill No. 4165 was signed and 
effective on November 13, 1993.
    (i) Incorporation by reference.
    (A) House Bill No. 4165; signed and effective November 13, 1993.
    (ii) Additional materials.
    (A) SIP narrative plan titled ``Motor Vehicle Emissions Inspection 
and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and 
Muskegon MSA Moderate Nonattainment Areas,'' submitted to the EPA on 
November 12, 1993.
    (B) RFP, submitted along with the SIP narrative on November 12, 
1993.
    (C) Supplemental materials, submitted on July 19, 1994, in a letter 
to EPA.
    (98) [Reserved]
    (99) On July 13, 1994, the State of Michigan requested a revision to 
the Michigan State Implementation Plan (SIP). The State requested that a 
consent order for the Eagle-Ottawa Leather Company of Grand Haven be 
included in the SIP.
    (i) Incorporation by reference. State of Michigan, Department of 
Natural Resources, Stipulation for Entry of Consent Order and Final 
Order No. 7-1994 which was adopted on July 13, 1994.
    (100) On June 11, 1993 the Michigan Department of Natural Resources 
(MDNR) submitted a plan, with revisions submitted on April 7, 1994 and 
October 14, 1994 for the purpose of bringing about the attainment of the 
National Ambient Air Quality Standards for particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers (PM) 
in the Wayne County moderate PM nonattainment area.
    (i) Incorporation by reference.
    (A) Consent Order 4-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Allied Signal, Inc., 
Detroit Tar Plant.
    (B) Consent Order 5-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Asphalt Products 
Company, Plant 5A.
    (C) Consent Order 6-1993 effective October 12, 1994 issued by the 
MDNR. This 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.

[[Page 205]]

    (F) Consent Order 9-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison Company, 
River Rouge Plant.
    (G) Consent Order 10-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison Company, 
Sibley Quarry.
    (H) Consent Order 11-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the city of Detroit, 
Detroit Water and Sewage Department, Wastewater Treatment Plant.
    (I) Consent Order 12-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ferrous Processing and 
Trading Company.
    (J) Consent Order 13-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ford Motor Company, 
Rouge Industrial Complex.
    (K) Consent Order 14-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ford Motor Company, 
Vulcan Forge.
    (L) Consent Order 15-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Detroit Lime Company.
    (M) Consent Order 16-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 1.
    (N) Consent Order 17-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 3.
    (O) Consent Order 18-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 6.
    (P) Consent Order 19-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 4 and 5.
    (Q) Consent Order 20-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant Scrap Up-Grade Facility.
    (R) Consent Order 21-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, 
Brennan Avenue Plant.
    (S) Consent Order 22-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, River 
Rouge Plant.
    (T) Consent Order 23-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the McLouth Steel Company, 
Trenton Plant.
    (U) Consent Order 24-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Cement Plant.
    (V) Consent Order 25-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Sibley Quarry.
    (W) Consent Order 26-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Morton International, 
Inc., Morton Salt Division.
    (X) Consent Order 27-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the National Steel 
Corporation, Great Lakes Division.
    (Y) Consent Order 28-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the National Steel 
Corporation, Transportation and Materials Handling Division.
    (Z) Consent Order 29-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Peerless Metals 
Powders, Incorporated.
    (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.

[[Page 206]]

This Order limits the PM emissions for the St. Marys Cement Company.
    (DD) Consent Order 33-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the United States Gypsum 
Company.
    (EE) Consent Order 34-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Wyandotte Municipal 
Power Plant.
    (101) On November 15, 1993, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a motor vehicle inspection and maintenance 
program for the Detroit-Ann Arbor area. Michigan submitted House Bill 
No. 5016, signed by Governor John Engler on November 13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 5016 signed by the Governor and 
effective on November 13, 1993.
    (102) On November 12, 1993, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a section 175A maintenance plan for the Detroit-
Ann Arbor area as part of Michigan's request to redesignate the area 
from moderate nonattainment to attainment for ozone. Elements of the 
section 175A maintenance plan include a base year (1993 attainment year) 
emission inventory for NOX and VOC, a demonstration of 
maintenance of the ozone NAAQS with projected emission inventories 
(including interim years) to the year 2005 for NOX and VOC, a 
plan to verify continued attainment, a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If the area records a violation of the 
ozone NAAQS (which must be confirmed by the State), Michigan will 
implement one or more appropriate contingency measure(s) which are 
contained in the contingency plan. Appropriateness of a contingency 
measure will be determined by an urban airshed modeling analysis. The 
Governor or his designee will select the contingency measure(s) to be 
implemented based on the analysis and the MDNR's recommendation. The 
menu of contingency measures includes basic motor vehicle inspection and 
maintenance program upgrades, Stage I vapor recovery expansion, Stage II 
vapor recovery, intensified RACT for degreasing operations, 
NOX RACT, and RVP reduction to 7.8 psi. Michigan submitted 
legislation or rules for basic I/M in House Bill No 5016, signed by 
Governor John Engler on November 13, 1993; Stage I and Stage II in 
Senate Bill 726 signed by Governor John Engler on November 13, 1993; and 
RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John 
Engler on November 13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 5016 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan Senate Bill 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.
    (103) On August 26, 1994 Michigan submitted a site-specific SIP 
revision in the form of a consent order for incorporation into the 
federally enforceable ozone SIP. This consent order determines 
Reasonably Available Control Technology (RACT) specifically for the 
Enamalum Corporation Novi, Michigan facility for the emission of 
volatile organic compounds (VOCs).
    (i) Incorporation by reference. The following Michigan Stipulation 
for Entry of Final Order By Consent.
    (A) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Final Order By Consent No. 6-1994 which was adopted by the 
State on June 27, 1994.
    (104) On July 13, 1995, the Michigan Department of Natural Resources 
(MDNR) submitted a contingency measures plan for the Wayne County 
particulate matter nonattainment area.
    (i) Incorporation by reference.
    (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

[[Page 207]]

the area from moderate nonattainment to attainment for ozone. Elements 
of the section 175A maintenance plan include an attainment emission 
inventory for NOX and VOC, a demonstration of maintenance of 
the ozone NAAQS with projected emission inventories to the year 2007 for 
NOX and VOC, a plan to verify continued attainment, a 
contingency plan, and a commitment to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. If a 
violation of the ozone NAAQS, determined not to be attributable to 
transport from upwind areas, is monitored, Michigan will implement one 
or more appropriate contingency measure(s) contained in the contingency 
plan. Once a violation of the ozone NAAQS is recorded, the State will 
notify EPA, review the data for quality assurance, and conduct a 
technical analysis, including an analysis of meteorological conditions 
leading up to and during the exceedances contributing to the violation, 
to determine local culpability. This preliminary analysis will be 
submitted to EPA and subjected to public review and comment. The State 
will solicit and consider EPA's technical advice and analysis before 
making a final determination on the cause of the violation. The Governor 
or his designee will select the contingency measure(s) to be implemented 
within six months of a monitored violation attributable to ozone and 
ozone precursors from the Grand Rapids area. The menu of contingency 
measures includes a motor vehicle inspection and maintenance program, 
Stage II vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on 
major non-CTG VOC sources in the categories of coating of plastics, 
coating of wood furniture, and industrial cleaning solvents. Michigan 
submitted legislation or rules for I/M in House Bill No 4165, signed by 
Governor John Engler on November 13, 1993; Stage II in Senate Bill 726 
signed by Governor John Engler on November 13, 1993; and RVP reduction 
to 7.8 psi in House Bill 4898 signed by Governor John Engler on November 
13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 4165 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan Senate Bill 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.
    (107) [Reserved]
    (108) On May 16, 1996, the State of Michigan submitted a revision to 
the Michigan State Implementation Plan (SIP). This revision is for the 
purpose of establishing a gasoline Reid vapor pressure (RVP) limit of 
7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland, 
Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in 
Michigan.
    (i) Incorporation by reference.
    (A) House Bill No. 4898; signed and effective November 13, 1993.
    (B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290, 
Sections 642, 643, 645, 646, 647, and 649; all effective November 13, 
1993.
    (C) Michigan Complied Laws, Weights and Measures Act of 1964, 
Chapter 290, Sections 613, 615; all effective August 28, 1964.
    (ii) Additional materials.
    (A) Letter from Michigan Governor John Engler to Regional 
Administrator Valdas Adamkus, dated January 5, 1996.
    (B) Letter from Michigan Director of Environmental Quality Russell 
Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.
    (C) State report titled ``Evaluation of Air Quality Contingency 
Measures for Implementation in Southeast Michigan,'' submitted to the 
EPA on May 14, 1996.
    (109) On December 13, 1994 and January 19, 1996, Michigan submitted 
correspondence and Executive Orders 1991-31 and 1995-18 which indicated 
that the executive branch of government had 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

[[Page 208]]

Natural Resources of Environmental Quality (DEQ) was created by 
elevating eight program divisions and two program offices previously 
located within the DNR. The authority then earlier vested to the 
Director of the Michigan DNR was then transferred to the Director of the 
Michigan DEQ with the exception of some administrative appeals 
decisions.
    (i) Incorporation by reference.
    (A) State of Michigan Executive Order 1991-31 Commission of Natural 
Resources, Department of Natural Resources, Michigan Department of 
Natural Resources Executive Reorganization. Introductory and concluding 
words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5, 
Part B. Title III: Environmental Protection; Part A: Sections 1 and 2, 
Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2, 
4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed with 
the Secretary of State November 8, 1991. Effective January 7, 1992.
    (B) State of Michigan Executive Order No. 1995-18 Michigan 
Department of Environmental Quality, Michigan Department of Natural 
Resources Executive Reorganization. Introductory and concluding words of 
issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15, 
16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with 
the Secretary of State on August 1, 1995. Effective September 30, 1995.
    (110) A revision to Michigan's State Implementation Plan (SIP), 
containing part of Michigan's Natural Resources and Environmental 
Protection Act, was submitted by the Michigan Department of 
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on 
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the 
original submittal. The revision incorporated below contains control 
requirements and applicable definitions for fugitive dust sources.
    (i) Incorporation by reference. The following sections of Part 55 of 
Act 451 of 1994, the Natural Resources and Environmental Protection Act 
are incorporated by reference.
    (A) 324.5524 Fugitive dust sources or emissions, effective March 30, 
1995.
    (B) 324.5525 Definitions, effective March 30, 1995.
    (111) On March 18, 1999, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan for carbon monoxide containing 
a section 175A maintenance plan for the Detroit area as part of 
Michigan's request to redesignate the area from nonattainment to 
attainment for carbon monoxide. Elements of the section 175A maintenance 
plan include a base year (1996 attainment year) emission inventory for 
CO, a demonstration of maintenance of the ozone NAAQS with projected 
emission inventories to the year 2010, a plan to verify continued 
attainment, a contingency plan, and an obligation to submit a subsequent 
maintenance plan revision in 8 years as required by the Clean Air Act. 
If the area records a violation of the CO NAAQS (which must be confirmed 
by the State), Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes enforceable emission limitations for 
stationary sources, transportation control measures, or a vehicle 
inspection and maintenance program.
    (112) The Michigan Department of Environmental Quality (MDEQ) 
submitted a revision to Michigan's State Implementation Plan (SIP) on 
August 20, 1998, and supplemented it on November 3, 1998. The revision 
removed from the SIP the following rules, which the State rescinded 
effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of 
enforcement; requests by local 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

[[Page 209]]

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

[[Page 210]]

    (116) The Michigan Department of Environmental Quality submitted 
revisions to Michigan's State Implementation Plan (SIP) on July 7, 2000 
and supplemented them with letters dated January 29, 2001, and February 
6, 2002. They include revisions to definitions, open burning rules, 
general volatile organic compound provisions, and administrative 
procedures. The revision removed from the SIP rules R 336.1320 and R 
336.2703, which the State rescinded effective April 10, 2000.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1104 Definitions; D, effective April 10, 2000.
    (B) R 336.1310, Open burning, effective February 3, 1999.
    (C) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions, effective April 10, 2000.
    (D) R 336.2701 Petitions for review and for contested case hearings; 
hearing procedure; ``duly authorized agent'' defined, effective April 
10, 2000.
    (E) R 336.2702 Appearances, effective April 10, 2000.
    (117) [Reserved]
    (118) The Michigan Department of Environmental Quality submitted 
revisions to Michigan's State Implementation Plan (SIP) on September 23, 
2002. They include rules to address excess emissions occurring during 
startup, shutdown or malfunction as well as revisions to definitions.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1102 Definitions; B, effective May 27, 2002.
    (B) R 336.1104 Definitions; D, effective May 27, 2002.
    (C) R 336.1105 Definitions; E, effective May 27, 2002.
    (D) R 336.1107 Definitions; G, effective May 27, 2002.
    (E) R 336.1108 Definitions; H, effective May 27, 2002.
    (F) R 336.1113 Definitions; M, effective May 27, 2002.
    (G) R 336.1118 Definitions; R, effective May 27, 2002.
    (H) R 336.1120 Definitions; T, effective May 27, 2002.
    (I) R 336.1915 Enforcement discretion in instances of excess 
emissions resulting from malfunction, start-up, or shutdown, effective 
May 27, 2002.
    (J) R 336.1916 Affirmative defense for excess emissions during 
start-up or shutdown, effective May 27, 2002.
    (119) The Michigan Department of Environmental Quality submitted a 
revision to Michigan's State Implementation Plan for ozone on April 25, 
2003. This submittal contained a revised definition of volatile organic 
compound.
    (i) Incorporation by reference.
    (A) R 336.1122 Definitions; V, effective March 13, 2003.
    (120) [Reserved]
    (121) On April 3, 2003, the Michigan Department of Environmental 
Quality (MDEQ) submitted regulations restricting emissions of oxides of 
nitrogen (NOX) to address the Phase I NOX SIP Call 
requirements. EPA conditionally approved Michigan's April 3, 2003, SIP 
revision on April 16, 2004. On May 27, 2004 and August 5, 2004, Michigan 
subsequently submitted for EPA approval SIP revisions to address the 
requirements found in EPA's conditional approval. These additional 
submittals, in combination with the original SIP revision, fulfill the 
Phase I NOX SIP Call requirements.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (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.

[[Page 211]]

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

[[Page 212]]

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

[[Page 213]]

    (1) R 336.2012 Reference test method 5C.
    (2) R 336.2014 Reference test method 5E.
    (3) R 336.2175 Data reduction procedures for fossil fuel-fired steam 
generators.
    (E) R 336.2011 Reference test method 5B, filed with the Secretary of 
State on April 21, 2005 and effective April 29, 2005.

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

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



                           Subpart Y_Minnesota



Sec. 52.1219  Identification of plan--conditional approval.

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

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



Sec. 52.1220  Identification of plan.

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

[[Page 214]]

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...............       8/10/1993  5/2/1995, 60 FR 21447.........  Only items I and J.
7001.0050............  Written application.       8/10/1993  5/2/1995, 60 FR 21447.........  Only item I.
7001.0140............  Final determination.       8/10/1993  5/2/1995, 60 FR 21447.........  Only Subp. 2F.
7001.0180............  Justification to           8/10/1993  5/2/1995, 60 FR 21447.........  Only item D.
                        commence revocation
                        without reissuance
                        of permit.
7001.0550............  Contents of part a         8/10/1993  5/2/1995, 60 FR 21447.........  Only items E and
                        of application.                                                       J(3).
7001.3050............  Permit requirements.       8/10/1993  5/2/1995, 60 FR 21447.........  Only Subp. 3E.
----------------------------------------------------------------------------------------------------------------
                                            CHAPTER 7002 PERMIT FEES
----------------------------------------------------------------------------------------------------------------
7002.0005............  Scope...............       8/10/1993  5/2/1995, 60 FR 21447.........
7002.0015............  Definitions.........       8/10/1993  5/2/1995, 60 FR 21447.........  Only Subp. 1 and 2.
----------------------------------------------------------------------------------------------------------------
                                   CHAPTER 7005 DEFINITIONS AND ABBREVIATIONS
----------------------------------------------------------------------------------------------------------------
7005.0100............  Definitions.........      11/19/2007  8/10/2011, 76 FR 49303........
7005.0110............  Abbreviations.......   7/1993-6/1994  8/10/2011, 76 FR 49303........  18 SR 1412.
----------------------------------------------------------------------------------------------------------------
                                        CHAPTER 7007 AIR EMISSION PERMITS
----------------------------------------------------------------------------------------------------------------
7007.0050............  Scope...............       8/10/1993  5/2/1995, 60 FR 21447.........
7007.0100............  Definitions.........       8/10/1993  5/2/1995, 60 FR 21447.........
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 9a,
                                                                                              12a, 12b, 17, 18a,
                                                                                              and 28.
7007.0150............  Permit required.....       8/10/1993  5/2/1995, 60 FR 21447.........
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 2 and
                                                                                              4.
7007.0200............  Sources required or        8/10/1993  5/2/1995, 60 FR 21447.........
                        allowed to obtain a
                        part 70 permit.
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 1.
7007.0250............  Sources required to        8/10/1993  5/2/1995, 60 FR 21447.........
                        obtain a state
                        permit.
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 1 and
                                                                                              7.
7007.0300............  Sources not required       8/10/1993  5/2/1995, 60 FR 21447.........
                        to obtain a permit.
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 1.
7007.0350............  Existing source            8/10/1993  5/2/1995, 60 FR 21447.........
                        application
                        deadlines and
                        source operation
                        during transition.
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 1A.
7007.0400............  Permit reissuance          8/10/1993  5/2/1995, 60 FR 21447.........
                        applications after       12/27/1994  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          8/10/1993  5/2/1995, 60 FR 21447.........
                        applications and         12/27/1994  5/18/1999, 64 FR 26880........
                        continuation of                      Revised Subp. 2C..............
                        expiring permits.

[[Page 215]]

 
7007.0500............  Content of permit          8/10/1993  5/2/1995, 60 FR 21447.........
                        application.
7007.0550............  Confidential               8/10/1993  5/2/1995, 60 FR 21447.........
                        information.
7007.0600............  Complete application       8/10/1993  5/2/1995, 60 FR 21447.........
                        and supplemental
                        information
                        requirements.
7007.0650............  Who receives an            8/10/1993  5/2/1995, 60 FR 21447.........
                        application.
7007.0700............  Completeness review.       8/10/1993  5/2/1995, 60 FR 21447.........
7007.0750............  Application priority       8/10/1993  5/2/1995, 60 FR 21447.........
                        and issuance
                        timelines.
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 5.
7007.0800............  Permit content......       8/10/1993  5/2/1995, 60 FR 21447.........
                                                  2/28/1995  10/14/1997, 62 FR 53239.......  Revised Subp.
                                                                                              6.C(5).
7007.0850............  Permit application         8/10/1993  5/2/1995, 60 FR 21447.........
                        notice and comment.
7007.0900............  Review of part 70          8/10/1993  5/2/1995, 60 FR 21447.........
                        permits by affected
                        states.
7007.0950............  EPA review and             8/10/1993  5/2/1995, 60 FR 21447.........
                        objection.
7007.1000............  Permit issuance and        8/10/1993  5/2/1995, 60 FR 21447.........
                        denial.
7007.1050............  Duration of permits.       8/10/1993  5/2/1995, 60 FR 21447.........
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 3a.
7007.1100............  General permits.....       8/10/1993  5/2/1995, 60 FR 21447.........
7007.1110............  Registration permit       12/27/1994  5/18/1999, 64 FR 26880........
                        general
                        requirements.
7007.1115............  Registration permit       12/27/1994  5/18/1999, 64 FR 26880........
                        option a.
7007.1120............  Registration permit       12/27/1994  5/18/1999, 64 FR 26880........
                        option b.
7007.1130............  Registration permit       12/27/1994  5/18/1999, 64 FR 26880........
                        option d.
7007.1150............  When a permit              8/10/1993  5/2/1995, 60 FR 21447.........
                        amendment is
                        required.
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. (C).
7007.1200............  Calculating emission      12/27/1994  5/18/1999, 64 FR 26880........
                        changes for permit
                        amendments.
7007.1250............  Insignificant              8/10/1993  5/2/1995, 60 FR 21447.........
                        modifications.
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 1.
7007.1251............  Hazardous air             12/27/1994  5/18/1999, 64 FR 26880........
                        pollutant
                        thresholds.
7007.1300............  Insignificant              8/10/1993  5/2/1995, 60 FR 21447.........
                        activities list.
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 2, 3,
                                                                                              and 4.
7007.1350............  Changes which              8/10/1993  5/2/1995, 60 FR 21447.........
                        contravene certain
                        permit terms.
7007.1400............  Administrative             8/10/1993  5/2/1995, 60 FR 21447.........
                        permit amendments.
7007.1450............  Minor and moderate         8/10/1993  5/2/1995, 60 FR 21447.........
                        permit amendments.
                                                 12/27/1994  5/18/1999, 64 FR 26880........  Revised Subp. 2.
7007.1500............  Major permit               8/10/1993  5/2/1995, 60 FR 21447.........
                        amendments.
7007.1600............  Permit reopening and       8/10/1993  5/2/1995, 60 FR 21447.........
                        amendment by agency.
7007.1650............  Reopenings for cause       8/10/1993  5/2/1995, 60 FR 21447.........
                        by EPA.
7007.1700............  Permit revocation by       8/10/1993  5/2/1995, 60 FR 21447.........
                        agency.
7007.1750............  Federal                    8/10/1993  5/2/1995, 60 FR 21447.........
                        enforceability.
7007.1800............  Permit shield.......       8/10/1993  5/2/1995, 60 FR 21447.........
7007.1850............  Emergency provision.       8/10/1993  5/2/1995, 60 FR 21447.........
----------------------------------------------------------------------------------------------------------------
                                                     Offsets
----------------------------------------------------------------------------------------------------------------
7007.4000............  Scope...............      10/18/1993  5/24/1995, 60 FR 27411........
7007.4010............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411........
7007.4020............  Conditions for            10/18/1993  5/24/1995, 60 FR 27411........
                        permit.
7007.4030............  Limitation on use of      10/18/1993  5/24/1995, 60 FR 27411........
                        offsets.
----------------------------------------------------------------------------------------------------------------
                                   CHAPTER 7009 AMBIENT AIR QUALITY STANDARDS
----------------------------------------------------------------------------------------------------------------
7009.0010............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411........
7009.0020............  Prohibited emissions      10/18/1993  5/24/1995, 60 FR 27411........
7009.0050............  Interpretation and          6/1/1999  8/10/2011, 76 FR 49303........
                        measurement
                        methodology, except
                        for hydrogen
                        sulfide.
7009.0060............  Measurement            7/1994-6/1995  8/10/2011, 76 FR 49303........  19 SR 550.
                        methodology for
                        hydrogen sulfide.
7009.0070............  Time of compliance..      10/18/1993  5/24/1995, 60 FR 27411.         7.

[[Page 216]]

 
7009.0080............  State ambient air           6/1/1999  8/10/2011, 76 FR 49303........
                        quality standards.
----------------------------------------------------------------------------------------------------------------
                                             Air Pollution Episodes
----------------------------------------------------------------------------------------------------------------
7009.1000............  Air pollution              3/18/1996  8/10/2011, 76 FR 49303........
                        episodes.
7009.1010............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411.         ...................
7009.1020............  Episode levels......      10/18/1993  5/24/1995, 60 FR 27411.         ...................
7009.1030............  Episode declaration.      10/18/1993  5/24/1995, 60 FR 27411.         ...................
7009.1040............  Control actions.....       1/12/1998  8/10/2011, 76 FR 49303........
7009.1050............  Emergency powers....      10/18/1993  5/24/1995, 60 FR 27411.         ...................
7009.1060............  Table 1.............      10/18/1993  5/24/1995, 60 FR 27411
7009.1070............  Table 2: emission         10/18/1993  5/24/1995, 60 FR 27411.         ...................
                        reduction
                        objectives for
                        particulate matter.
7009.1080............  Table 3: emission         10/18/1993  5/24/1995, 60 FR 27411.         ...................
                        objectives for
                        sulfur oxides.
7009.1090............  Table 4: emission         10/18/1993  5/24/1995, 60 FR 27411.         ...................
                        reduction
                        objectives for
                        nitrogen oxides.
7009.1100............  Table 5: emission         10/18/1993  5/24/1995, 60 FR 27411.         ...................
                        reduction
                        objectives for
                        hydrocarbons.
7009.1110............  Table 6: emission         10/18/1993  5/24/1995, 60 FR 27411.         ...................
                        reduction
                        objectives for
                        carbon monoxide.
----------------------------------------------------------------------------------------------------------------
                                         Adoption of Federal Regulations
----------------------------------------------------------------------------------------------------------------
7009.9000............  Determining               11/20/1995  4/23/1997, 62 FR 19674.
                        conformity of
                        general Federal
                        actions to state or
                        Federal
                        implementation
                        plans.
----------------------------------------------------------------------------------------------------------------
                                  CHAPTER 7011 STANDARDS FOR STATIONARY SOURCES
----------------------------------------------------------------------------------------------------------------
7011.0010............  Applicability of            6/1/1999  8/10/2011, 76 FR 49303........
                        standards of
                        performance.
7011.0020............  Circumvention.......      10/18/1993  5/24/1995, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------
                                                Control Equipment
----------------------------------------------------------------------------------------------------------------
7011.0060............  Definitions.........      11/19/2007  8/10/2011, 76 FR 49303........
7011.0061............  Incorporation by          11/19/2007  8/10/2011, 76 FR 49303........
                        reference.
7011.0065............  Applicability.......      11/19/2007  8/10/2011, 76 FR 49303........
7011.0070............  Listed control            11/19/2007  8/10/2011, 76 FR 49303........
                        equipment and
                        control equipment
                        efficiencies.
7011.0072............  Requirements for          11/19/2007  8/10/2011, 76 FR 49303........
                        certified hoods.
7011.0075............  Listed control            11/19/2007  8/10/2011, 76 FR 49303........
                        equipment general
                        requirements.
7011.0080............  Monitoring and            11/19/2007  8/10/2011, 76 FR 49303........
                        record keeping for
                        listed control
                        equipment.
----------------------------------------------------------------------------------------------------------------
                                 Emission Standards for Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
7011.0100............  Scope...............      10/18/1993  5/24/1995, 60 FR 27411.
7011.0105............  Visible emission           7/13/1998  8/10/2011, 76 FR 49303........
                        restrictions for
                        existing facilities.
7011.0110............  Visible emission           1/12/1998  8/10/2011, 76 FR 49303........
                        restrictions for
                        new facilities.
7011.0115............  Performance tests...   7/1993-6/1994  8/10/2011, 76 FR 49303........  18 SR 1412.
----------------------------------------------------------------------------------------------------------------
                                      Control of Fugitive Pariculate Matter
----------------------------------------------------------------------------------------------------------------
7011.0150............  Preventing                 3/18/1996  8/10/2011, 76 FR 49303........
                        particulate matter
                        from becoming
                        airborne.
----------------------------------------------------------------------------------------------------------------
                                 Indirect Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0500............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411.
7011.0505............  Determination of          10/18/1993  5/24/1995, 60 FR 27411.
                        applicable
                        standards of
                        performance.
7011.0510............  Standards of               7/13/1998  8/10/2011, 76 FR 49303........
                        performance for
                        existing indirect
                        heating equipment.
7011.0515............  Standards of               7/13/1998  8/10/2011, 76 FR 49303........
                        performance for new
                        indirect heating
                        equipment.

[[Page 217]]

 
7011.0520............  Allowance for stack       10/18/1993  5/24/1995, 60 FR 27411.
                        height for indirect
                        heating equipment.
7011.0525............  High heating value..      10/18/1993  5/24/1995, 60 FR 27411.
7011.0530............  Performance test          10/18/1993  5/24/1995, 60 FR 27411........
                        methods.
7011.0535............  Performance test           1/12/1998  8/10/2011, 76 FR 49303........
                        procedures.
7011.0540............  Derate..............      10/18/1993  5/24/1995, 60 FR 27411.
7011.0545............  Table I: existing         10/18/1993  5/24/1995, 60 FR 27411.
                        indirect heating
                        equipment.
7011.0550............  Table II: new             10/18/1993  5/24/1995, 60 FR 27411.
                        indirect heating
                        equipment.
7011.0551............  Record keeping and         5/11/1998  8/10/2011, 76 FR 49303........
                        reporting for
                        indirect heating
                        units combusting
                        solid waste.
7011.0553............  Nitrogen oxides        7/1994-6/1995  8/10/2011, 76 FR 49303........  19 SR 1666.
                        emission reduction
                        requirements for
                        affected sources.
----------------------------------------------------------------------------------------------------------------
                                  Direct Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0600............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411.
7011.0605............  Determination of          10/18/1993  5/24/1995, 60 FR 27411.
                        applicable
                        standards of
                        performance.
7011.0610............  Standards of               7/13/1998  8/10/2011, 76 FR 49303........
                        performance for
                        fossil-fuel-burning
                        direct heating
                        equipment.
7011.0615............  Performance test          10/18/1993  5/24/1995, 60 FR 27411.
                        methods.
7011.0620............  Performance test           1/12/1998  8/10/2011, 76 FR 49303........
                        procedures.
7011.0625............  Record keeping and         5/11/1998  8/10/2011, 76 FR 49303........
                        reporting for
                        direct heating
                        units combusting
                        solid waste.
----------------------------------------------------------------------------------------------------------------
                                          Industrial Process Equipment
----------------------------------------------------------------------------------------------------------------
7011.0700............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411........
7011.0705............  Scope...............      10/18/1993  5/24/1995, 60 FR 27411.
7011.0710............  Standards of               7/13/1998  8/10/2011, 76 FR 49303........
                        performance for pre-
                        1969 industrial
                        process equipment.
7011.0715............  Standards of              10/18/1993  5/24/1995, 60 FR 27411.
                        performance for
                        post-1969
                        industrial process
                        equipment.
7011.0720............  Performance test          10/18/1993  5/24/1995, 60 FR 27411.
                        methods.
7011.0725............  Performance test       7/1993-6/1994  8/10/2011, 76 FR 49303........  18 SR 1412.
                        procedures.
7011.0730............  Table 1.............      11/19/2007  8/10/2011, 76 FR 49303........
7011.0735............  Table 2.............      10/18/1993  5/24/1995, 60 FR 27411........
----------------------------------------------------------------------------------------------------------------
                              Concrete Manufacturing Plant Standards Of Performance
----------------------------------------------------------------------------------------------------------------
7011.0850............  Definitions.........       4/21/2003  8/10/2011, 76 FR 49303........
7011.0852............  Standards of              11/23/1998  8/10/2011, 76 FR 49303........
                        performance for
                        concrete
                        manufacturing
                        plants.
7011.0854............  Concrete                  11/23/1998  8/10/2011, 76 FR 49303........
                        manufacturing plant
                        control equipment
                        requirements.
7011.0857............  Preventing                11/23/1998  8/10/2011, 76 FR 49303........
                        particulate matter
                        from becoming
                        airborne.
7011.0858............  Noise...............      11/23/1998  8/10/2011, 76 FR 49303........
7011.0859............  Shutdown and              11/23/1998  8/10/2011, 76 FR 49303........
                        breakdown
                        procedures.
7011.0865............  Incorporations by          4/21/2003  8/10/2011, 76 FR 49303........
                        reference.
7011.0870............  Stage-one vapor            4/21/2003  8/10/2011, 76 FR 49303........
                        recovery.
----------------------------------------------------------------------------------------------------------------
                                             Hot Mix Asphalt Plants
----------------------------------------------------------------------------------------------------------------
7011.0900............  Definitions.........        6/1/1999  8/10/2011, 76 FR 49303........
7011.0903............  Compliance with            4/15/1996  8/10/2011, 76 FR 49303........
                        ambient air quality
                        standards.
7011.0905............  Standards of               4/15/1996  8/10/2011, 76 FR 49303........
                        performance for
                        existing asphalt
                        concrete plants.
7011.0911............  Maintenance of dryer       4/15/1996  8/10/2011, 76 FR 49303........
                        burner.
7011.0913............  Hot mix asphalt            5/24/2004  8/10/2011, 76 FR 49303........
                        plant materials,
                        fuels, and
                        additives operating
                        requirements.

[[Page 218]]

 
7011.0917............  Asphalt plant             11/29/2004  8/10/2011, 76 FR 49303........
                        control equipment
                        requirements.
7011.0920............  Performance tests...       4/15/1996  8/10/2011, 76 FR 49303........
7011.0922............  Operational                4/15/1996  8/10/2011, 76 FR 49303........
                        requirements and
                        limitations from
                        performance tests.
----------------------------------------------------------------------------------------------------------------
                                     Bulk Agricultural Commodity Facilities
----------------------------------------------------------------------------------------------------------------
7011.1000............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411.
7011.1005............  Standards of              11/19/2007  8/10/2011, 76 FR 49303........
                        performance for dry
                        bulk agricultural
                        commodity
                        facilities.
7011.1010............  Nuisance............      10/18/1993  5/24/1995, 60 FR 27411.
7011.1015............  Control requirements      10/18/1993  5/24/1995, 60 FR 27411.
                        schedule.
----------------------------------------------------------------------------------------------------------------
                                            Coal Handling Facilities
----------------------------------------------------------------------------------------------------------------
7011.1100............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411.
7011.1105............  Standards of               1/12/1998  8/10/2011, 76 FR 49303........
                        performance for
                        certain coal
                        handling facilities.
7011.1110............  Standards of               1/12/1998  8/10/2011, 76 FR 49303........
                        performance for
                        existing outstate
                        coal handling
                        facilities.
7011.1115............  Standards of              10/18/1993  5/24/1995, 60 FR 27411.
                        performance for
                        pneumatic coal-
                        cleaning equipment
                        and thermal dryers
                        at any coal
                        handling facility.
7011.1120............  Exemption...........      10/18/1993  5/24/1995, 60 FR 27411.
7011.1125............  Cessation of              10/18/1993  5/24/1995, 60 FR 27411.
                        operations.
7011.1135............  Performance test       7/1993-6/1994  8/10/2011, 76 FR 49303........  18 SR 1412.
                        procedures.
7011.1140............  Dust suppressant          10/18/1993  5/24/1995, 60 FR 27411.
                        agents.
----------------------------------------------------------------------------------------------------------------
                                                Waste Combustors
----------------------------------------------------------------------------------------------------------------
7011.1201............  Definitions.........       5/11/1998  8/10/2011, 76 FR 49303........
7011.1205............  Incorporations by          5/11/1998  8/10/2011, 76 FR 49303........
                        reference.
----------------------------------------------------------------------------------------------------------------
                                                  Incinerators
----------------------------------------------------------------------------------------------------------------
7011.1300............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411.
7011.1305............  Standards of               7/13/1998  8/10/2011, 76 FR 49303........
                        performance for
                        existing sewage
                        sludge incinerators.
7011.1310............  Standards of               1/12/1998  8/10/2011, 76 FR 49303........
                        performance for new
                        sewage sludge
                        incinerators.
7011.1315............  Monitoring of             10/18/1993  5/24/1995, 60 FR 27411.
                        operations.
7011.1320............  Performance test          10/18/1993  5/24/1995, 60 FR 27411.
                        methods.
7011.1325............  Performance test       7/1993-6/1994  8/10/2011, 76 FR 49303........  18 SR 1412.
                        procedures.
----------------------------------------------------------------------------------------------------------------
                                              Petroleum Refineries
----------------------------------------------------------------------------------------------------------------
7011.1400............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411.
7011.1405............  Standards of               7/13/1998  8/10/2011, 76 FR 49303........
                        performance for
                        existing affected
                        facilities at
                        petroleum
                        refineries.
7011.1410............  Standards of               7/13/1998  8/10/2011, 76 FR 49303........
                        performance for new
                        affected facilities
                        at petroleum
                        refineries.
7011.1415............  Exemptions..........       1/12/1998  8/10/2011, 76 FR 49303........
7011.1420............  Emission monitoring.        3/1/1999  8/10/2011, 76 FR 49303........
7011.1425............  Performance test          10/18/1993  5/24/1995, 60 FR 27411.
                        methods.
7011.1430............  Performance test       7/1993-6/1994  8/10/2011, 76 FR 49303........  18 SR 1412.
                        procedures.
----------------------------------------------------------------------------------------------------------------
                          Liquid Petroleum And Volatile Organic Liquid Storage Vessels
----------------------------------------------------------------------------------------------------------------
7011.1500............  Definitions.........        6/1/1999
7011.1505............  Standards of              10/18/1993  5/24/1995, 60 FR 27411.
                        performance for
                        storage vessels.
7011.1510............  Monitoring of             10/18/1993  5/24/1995, 60 FR 27411.
                        operations.
7011.1515............  Exception...........      10/18/1993  5/24/1995, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------

[[Page 219]]

 
                                              Sulfuric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1600............  Definitions.........       1/12/1998
7011.1605............  Standards of              10/18/1993  5/24/1995, 60 FR 27411.
                        performance of
                        existing sulfuric
                        acid production
                        units.
7011.1615............  Continuous emission         3/1/1999  8/10/2011, 76 FR 49303........
                        monitoring.
7011.1620............  Performance test          10/18/1993  5/24/1995, 60 FR 27411.
                        methods.
7011.1625............  Performance test                  *1  8/10/2011, 76 FR 49303........
                        procedures.
7011.1630............  Exceptions..........   7/1993-6/1994  8/10/2011, 76 FR 49303........  18 SR 1412.
----------------------------------------------------------------------------------------------------------------
                                               Nitric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1700............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411.
7011.1705............  Standards of               1/12/1998  8/10/2011, 76 FR 49303........
                        performance for
                        existing nitric
                        acid production
                        units.
7011.1715............  Emission monitoring.        3/1/1999  8/10/2011, 76 FR 49303........
7011.1720............  Performance test          10/18/1993  5/24/1995, 60 FR 27411.
                        methods.
7011.1725............  Performance test       7/1993-6/1994  8/10/2011, 76 FR 49303........  18 SR 1412.
                        procedures.
----------------------------------------------------------------------------------------------------------------
                               Emission Standards For Inorganic Fibrous Materials
----------------------------------------------------------------------------------------------------------------
7011.2100............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411.
7011.2105............  Spraying of               10/18/1993  5/24/1995, 60 FR 27411.
                        inorganic fibrous
                        materials.
----------------------------------------------------------------------------------------------------------------
                                     Stationary Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
7011.2300............  Standards of               2/21/1995  8/10/2011, 76 FR 49303........
                        performance for
                        stationary internal
                        combustion engines.
----------------------------------------------------------------------------------------------------------------
                                CHAPTER 7017 MONITORING AND TESTING REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7017.0100............  Establishing               2/28/1995  10/14/1997, 62 FR 53239.
                        violations.
----------------------------------------------------------------------------------------------------------------
                                         Compliance Assurance Monitoring
----------------------------------------------------------------------------------------------------------------
7017.0200............  Incorporation by           5/24/2004  8/10/2011, 76 FR 49303........
                        reference.
----------------------------------------------------------------------------------------------------------------
                                          Continuous Monitoring Systems
----------------------------------------------------------------------------------------------------------------
7017.1002............  Definitions.........        3/1/1999  8/10/2011, 76 FR 49303........
7017.1004............  Applicability.......        3/1/1999  8/10/2011, 76 FR 49303........
7017.1006............  Requirement to              3/1/1999  8/10/2011, 76 FR 49303........
                        install monitor.
7017.1010............  Incorporation of            3/1/1999  8/10/2011, 76 FR 49303........
                        Federal monitoring
                        requirements by
                        reference.
7017.1020............  Continuous emission    7/1994-6/1995  8/10/2011, 76 FR 49303........  19 SR 1666.
                        monitoring by
                        affected sources.
7017.1030............  Agency access to            3/1/1999  8/10/2011, 76 FR 49303........
                        witness or conduct
                        tests.
7017.1035............  Testing required....        3/1/1999  8/10/2011, 76 FR 49303........
7017.1040............  Installation                3/1/1999  8/10/2011, 76 FR 49303........
                        requirements.
7017.1050............  Monitor                     3/1/1999  8/10/2011, 76 FR 49303........
                        certification and
                        recertification
                        test.
7017.1060............  Precertification            3/1/1999  8/10/2011, 76 FR 49303........
                        test requirements.
7017.1070............  Certification test          3/1/1999  8/10/2011, 76 FR 49303........
                        procedures.
7017.1080............  Certification test          3/1/1999  8/10/2011, 76 FR 49303........
                        report requirements.
7017.1090............  Monitor operational         3/1/1999  8/10/2011, 76 FR 49303........
                        requirements.
7017.1100............  Evidence of                 3/1/1999  8/10/2011, 76 FR 49303........
                        noncompliance.
7017.1110............  Excess emissions            3/1/1999  8/10/2011, 76 FR 49303........
                        reports.
7017.1120............  Submittals..........        3/1/1999  8/10/2011, 76 FR 49303........
7017.1130............  Record keeping......        3/1/1999  8/10/2011, 76 FR 49303........
7017.1135............  Applicability.......        3/1/1999  8/10/2011, 76 FR 49303........
7017.1140............  CEMS design                 3/1/1999  8/10/2011, 76 FR 49303........
                        requirements.
7017.1150............  CEMS testing company        3/1/1999  8/10/2011, 76 FR 49303........
                        requirement.
7017.1160............  CEMS monitoring data        3/1/1999  8/10/2011, 76 FR 49303........

[[Page 220]]

 
7017.1170............  Quality assurance           3/1/1999  8/10/2011, 76 FR 49303........
                        and control
                        requirements for
                        CEMS.
7017.1180............  Quality control             3/1/1999  8/10/2011, 76 FR 49303........
                        reporting and
                        notification
                        requirements for
                        CEMS.
7017.1185............  Applicability.......        3/1/1999  8/10/2011, 76 FR 49303........
7017.1190............  COMS design                 3/1/1999  8/10/2011, 76 FR 49303........
                        requirements.
7017.1200............  COMS monitoring data        3/1/1999  8/10/2011, 76 FR 49303........
7017.1210............  Quality assurance           3/1/1999  8/10/2011, 76 FR 49303........
                        and control
                        requirements for
                        COMS.
7017.1220............  Quality assurance           3/1/1999  8/10/2011, 76 FR 49303........
                        and control
                        reporting
                        requirements for
                        COMS.
----------------------------------------------------------------------------------------------------------------
                                                Performance Tests
----------------------------------------------------------------------------------------------------------------
7017.2001............  Applicability.......       7/13/1998  8/10/2011, 76 FR 49303........
7017.2005............  Definitions.........      11/19/2007  8/10/2011, 76 FR 49303........
7017.2010............  Incorporation of           7/13/1998  8/10/2011, 76 FR 49303........
                        test methods by
                        reference.
7017.2015............  Incorporation of           7/13/1998  8/10/2011, 76 FR 49303........
                        Federal testing
                        requirements by
                        reference.
7017.2018............  Submittals..........       5/24/2004  8/10/2011, 76 FR 49303........
7017.2020............  Performance tests         11/19/2007  8/10/2011, 76 FR 49303........
                        general
                        requirements.
7017.2025............  Operational                 3/1/1999  8/10/2011, 76 FR 49303........
                        requirements and
                        limitations.
7017.2030............  Performance test            3/1/1999  8/10/2011, 76 FR 49303........
                        pretest
                        requirements.
7017.2035............  Performance test           7/13/1998  8/10/2011, 76 FR 49303........
                        reporting
                        requirements.
7017.2040............  Certification of           7/13/1998  5/13/2002, 67 FR 31963........
                        performance test
                        results.
7017.2045............  Quality assurance          7/13/1998  8/10/2011, 76 FR 49303........
                        requirements.
7017.2050............  Performance test           7/13/1998  8/10/2011, 76 FR 49303........
                        methods.
7017.2060............  Performance test           7/13/1998  8/10/2011, 76 FR 49303........
                        procedures.
----------------------------------------------------------------------------------------------------------------
                                  CHAPTER 7019 EMISSION INVENTORY REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7019.1000............  Shutdowns and               6/1/1999  8/10/2011, 76 FR 49303........
                        breakdowns.
7019.3000............  Emission inventory..      11/19/2007  8/10/2011, 76 FR 49303........
7019.3020............  Calculation of            11/19/2007  8/10/2011, 76 FR 49303........
                        actual emissions
                        for emission
                        inventory.
7019.3030............  Method of                 11/19/2007  8/10/2011, 76 FR 49303........
                        calculation.
7019.3040............  Continuous emission         3/1/1999  8/10/2011, 76 FR 49303........
                        monitor (CEM) data.
7019.3050............  Performance test          11/19/2007  8/10/2011, 76 FR 49303........
                        data.
7019.3060............  Volatile organic                1997  8/10/2011, 76 FR 49303........  21 SR 165.
                        compound (VOC)
                        material balance.
7019.3070............  So material balance.            1997  8/10/2011, 76 FR 49303........  21 SR 165.
7019.3080............  Emission factors....      11/19/2007  8/10/2011, 76 FR 49303........
7019.3090............  Enforceable                     1997  8/10/2011, 76 FR 49303........  21 SR 165.
                        limitations.
7019.3100............  Facility proposal...            1997  8/10/2011, 76 FR 49303........  21 SR 165.
----------------------------------------------------------------------------------------------------------------
                                    CHAPTER 7023 MOBILE AND INDIRECT SOURCES
----------------------------------------------------------------------------------------------------------------
7023.0100............  Definitions.........      10/18/1993  5/24/1995, 60 FR 27411........
7023.0105............  Standards of              10/18/1993  5/24/1995, 60 FR 27411........
                        performance for
                        motor vehicles.
7023.0110............  Standards of              10/18/1993  5/24/1995, 60 FR 27411........
                        performance for
                        trains, boats, and
                        construction
                        equipment.
7023.0115............  Exemption...........      10/18/1993  5/24/1995, 60 FR 27411........
7023.0120............  Air pollution             10/18/1993  5/24/1995, 60 FR 27411........
                        control systems
                        restrictions.
7023.1010............  Definitions.........        1/8/1994  10/29/1999, 64 FR 58344.......  Entire rule except
                                                                                              for Subp. 35(B)
7023.1015............  Inspection                  1/8/1994  10/29/1999, 64 FR 58344.......
                        Requirement.
7023.1020............  Description of              1/8/1994  10/29/1999, 64 FR 58344.......
                        Inspection and
                        Documents Required.
7023.1025............  Tampering Inspection        1/8/1994  10/29/1999, 64 FR 58344.......
7023.1030............  Exhaust Emission            1/8/1994  10/29/1999, 64 FR 58344.......  Entire rule except
                        Test.                                                                 for Subp. 11(B, C)
7023.1035............  Reinspections.......        1/8/1994  10/29/1999, 64 FR 58344.......

[[Page 221]]

 
7023.1040............  Vehicle Inspection          1/8/1994  10/29/1999, 64 FR 58344.......
                        Report.
7023.1045............  Certificate of              1/8/1994  10/29/1999, 64 FR 58344.......
                        Compliance.
7023.1050............  Vehicle                     1/8/1994  10/29/1999, 64 FR 58344.......
                        Noncompliance and
                        Repair.
7023.1055............  Certificate of              1/8/1994  10/29/1999, 64 FR 58344.......  Entire rule except
                        Waiver.                                                               for Subp. 1
                                                                                              (E)(2).
7023.1060............  Emission Control            1/8/1994  10/29/1999, 64 FR 58344.......
                        Equipment
                        Inspection as a
                        Condition of Waiver.
7023.1065............  Repair Cost Limit           1/8/1994  10/29/1999, 64 FR 58344.......
                        and Low Emission
                        Adjustment.
7023.1070............  Certificate of              1/8/1994  10/29/1999, 64 FR 58344.......
                        Temporary
                        Extension,
                        Certificate of
                        Annual Exemption,
                        and Certificate of
                        Exemption.
7023.1075............  Evidence of Meeting         1/8/1994  10/29/1999, 64 FR 58344.......
                        State Inspection
                        Requirements.
7023.1080............  Fleet Inspection            1/8/1994  10/29/1999, 64 FR 58344.......
                        Station Permits,
                        Procedures, and
                        Inspection.
7023.1085............  Inspection Stations         1/8/1994  10/29/1999, 64 FR 58344.......
                        Testing Fleet
                        Vehicles.
7023.1090............  Exhaust Gas Analyzer        1/8/1994  10/29/1999, 64 FR 58344.......
                        Specifications;
                        Calibration and
                        Qality Control.
7023.1095............  [repealed, 18 sr            1/8/1994  10/29/1999, 64 FR 58344.......
                        1593].
7023.1100............  Public Notification.        1/8/1994  10/29/1999, 64 FR 58344.......
7023.1105............  Inspection Fees.....        1/8/1994  10/29/1999, 64 FR 58344.......
----------------------------------------------------------------------------------------------------------------
                                               Minnesota Statutes
----------------------------------------------------------------------------------------------------------------
17.135...............  Farm Disposal of                1993  5/24/1995, 60 FR 27411........  Only item (a).
                        Solid Waste.
88.01................  Definitions.........            1993  5/24/1995, 60 FR 27411........  Only Subd. 1, 2, 3,
                                                                                              4, 6, 14, 20, 23,
                                                                                              24, 25, and 26.
88.02................  Citation, Wildfire              1993  5/24/1995, 60 FR 27411........
                        Act.
88.03................  Codification........            1993  5/24/1995, 60 FR 27411........
88.16................  Starting Fires;                 1993  5/24/1995, 60 FR 27411........  Only Subd. 1 and 2
                        Burners; Failure to
                        Report a Fire.
88.17................  Permission to Start             1993  5/24/1995, 60 FR 27411........
                        Fires; Prosecution
                        for Unlawfully
                        Starting Fires.
88.171...............  Open Burning                    1993  5/24/1995, 60 FR 27411........  Only Subd. 1, 2, 5,
                        Prohibitions.                                                         6, 7, 8, 9, and 10
----------------------------------------------------------------------------------------------------------------
                               Twin Cities Nonattainment Area for Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
116.60...............  ....................            1999  10/29/1999, 64 FR 58344.......  Only Subd. 12.
116.61...............  ....................            1999  10/29/1999, 64 FR 58344.......  Only Subd. 1 and 3.
116.62...............  ....................            1999  10/29/1999, 64 FR 58344.......  Only Subd. 2, 3, 5,
                                                                                              and 10.
116.63...............  ....................            1999  10/29/1999, 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        4/3/2009  3/11/2010, 75 FR 11461.........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for PM10
                                                                                                  NAAQS.''
BAE Technology Center........     00300245-003       1/20/2016  6/9/2016, 81 FR 37164..........  Only conditions
                                                                                                  cited as
                                                                                                  ``[Title I
                                                                                                  Condition: 40
                                                                                                  CFR 50.4(SO2
                                                                                                  SIP), Title I
                                                                                                  Condition: 40
                                                                                                  CFR 51, Title
                                                                                                  I Condition:
                                                                                                  40 CFR pt. 52,
                                                                                                  subp. Y]''.
Commercial Asphalt CO, Plant      12300347-002       9/10/1999  7/12/2000, 65 FR 42861.........  Title I
 905.                                                                                             conditions
                                                                                                  only.

[[Page 222]]

 
                                                     2/25/1994  9/9/1994, 59 FR 46553..........  Amendment One
                                                                                                  to Findings
                                                                                                  and Order.
Federal Cartridge Company....     00300156-003      12/28/2007  4/24/2009, 74 FR 18634.........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
Flint Hills Resources Pine        03700011-012       3/17/2015  6/27/2016, 81 FR 41450.........  Only conditions
 Bend, LLC.                                                                                       cited as
                                                                                                  ``Title I
                                                                                                  Condition: 40
                                                                                                  CFR Section
                                                                                                  50.4,
                                                                                                  SO[ihel2] SIP;
                                                                                                  Title I
                                                                                                  Condition: 40
                                                                                                  CFR pt. 52,
                                                                                                  subp. Y''.
GAF Building Materials.......  ...............       5/27/1992  4/14/1994, 59 FR 17703.........  Findings and
                                                                                                  Order.
                                                     9/18/1997  2/8/1999, 64 FR 5936...........  Amendment Two
                                                                                                  to Findings
                                                                                                  and Order.
Gerdau Ameristeel US, Inc....     12300055-004       9/10/2008  5/20/2009, 74 FR 23632.........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for PM10
                                                                                                  NAAQS.''
Gopher Resource, LLC.........     03700016-003       6/29/2010  1/13/2011, 76 FR 2263..........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for Lead
                                                                                                  NAAQS.''
Great Lakes Coal & Dock Co...                        8/25/1992  2/15/1994, 59 FR 7218..........  Amended
                                                                                                  Findings and
                                                                                                  Order.
                                                    12/21/1994  6/13/1995, 60 FR 31088.........  Amendment One
                                                                                                  to Amended
                                                                                                  Findings and
                                                                                                  Order.
Harvest States Cooperatives..                        1/26/1993  2/15/1994, 59 FR 7218..........  Findings and
                                                                                                  Order.
                                                    12/21/1994  6/13/1995, 60 FR 31088.........  Amendment One
                                                                                                  to Findings
                                                                                                  and Order.
Hoffman Enclosures...........     00300155-001       1/31/2008  4/24/2009, 74 FR 18634.........  Only conditions
                                                                                                  cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''
Lafarge North America             12300391-002      11/17/2007  9/11/2007, 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        5/7/2002  8/19/2004, 68 FR 51371.........  Title I
 Terminal.                                                                                        conditions
                                                                                                  only.
Metropolitan Council              12300053-006       2/25/2010  12/16/2010, 75 FR 78602........  Only conditions
 Environmental Services                                                                           cited as
 Metropolitan Wastewater                                                                          ``Title I
 Treatment Plant.                                                                                 condition: SIP
                                                                                                  for PM10
                                                                                                  NAAQS.''
Minneapolis Energy Center Inc                        5/27/1992  4/14/1994, 59 FR 17706.........  Findings and
                                                                                                  Order for Main
                                                                                                  Plant, Baker
                                                                                                  Boiler Plant,
                                                                                                  and the Soo
                                                                                                  Line Boiler
                                                                                                  Plant.
                                                    12/21/1994  6/13/1995, 60 FR 31088.........  Amendment One
                                                                                                  to Third
                                                                                                  Amended
                                                                                                  Findings and
                                                                                                  Order.
                                                     9/23/1997  2/8/1999, 64 FR 5936...........  Amendment Two
                                                                                                  to Third
                                                                                                  Amended
                                                                                                  Findings and
                                                                                                  Order.
Northern States Power Co.,        05300015-001       5/11/1999  2/26/2002, 67 FR 8727..........  Title I
 Riverside Plant.                                                                                 conditions
                                                                                                  only.
Rochester Public Utilities,       10900011-005      11/25/2015  3/10/2017, 82 FR 13230.........  Only conditions
 Silver Lake Plant.                                                                               cited as
                                                                                                  ``Title I
                                                                                                  Condition: 40
                                                                                                  CFR Section
                                                                                                  50.4, SO2 SIP;
                                                                                                  Title I
                                                                                                  Condition: 40
                                                                                                  CFR pt. 52,
                                                                                                  subp. Y'' and
                                                                                                  ``Title I
                                                                                                  Condition: 40
                                                                                                  CFR Section
                                                                                                  50.6, PM10
                                                                                                  SIP; Title I
                                                                                                  Condition: 40
                                                                                                  CFR pt. 52,
                                                                                                  subp. Y''.
Saint Paul Park Refining Co.,     16300003-021      11/25/2015  4/7/2017, 82 FR 16923..........  Only conditions
 LLC.                                                                                             cited as
                                                                                                  ``Title I
                                                                                                  Condition: 40
                                                                                                  CFR 50.4 (SO2
                                                                                                  SIP), Title I
                                                                                                  Condition: 40
                                                                                                  CFR pt. 52,
                                                                                                  subp. Y''
St. Paul Terminals...........                         2/2/1996  7/22/1997, 62 FR 39120.........  Findings and
                                                                                                  Order.
Xcel Energy-Inver Hills           03700015-004       7/16/2014  1/28/2016, 81 FR 4886..........  Only conditions
 Generating Plant.                                                                                cited as
                                                                                                  ``Title I
                                                                                                  condition: SIP
                                                                                                  for SO2
                                                                                                  NAAQS.''

[[Page 223]]

 
Xcel Energy--Northern States    Administrative        5/2/2012  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.............  5/8/1980, 6/2/1980..............  3/4/1981, 46 FR 15138...........
CAA 110(a)(2)(D)(i) SIP-Interstate    Statewide.............  10/23/2007......................  6/2/2008, 73 FR 31366...........
 Transport.
Carbon Monoxide 1993 periodic         Anoka, Carver, Dakota,  9/28/1995.......................  10/23/1997, 62 FR 55170.........
 Emission Inventory.                   Hennepin, Ramsey,
                                       Scott, Washington,
                                       and Wright Counties.
Deletion of TSP Designations........  Statewide.............                                    7/10/2002, 67 FR 45637..........
Duluth Carbon Monoxide Redesignation  St. Louis County        10/30/1992......................  4/14/1994, 59 FR 17708..........
 and Maintenance Plan.                 (part).
Duluth Carbon Monoxide                St. Louis County......  7/3/1979 and 7/27/1979..........  6/16/1980, 45 FR 40579..........
 Transportation Control Plan.
                                                              10/30/1992......................  4/14/1994, 59 FR 17706..........  Removal of
                                                                                                                                   transportation
                                                                                                                                   control measure.
Lead Maintenance Plan...............  Dakota County.........  6/22/1993.......................  10/18/1994, 59 FR 52431.........  Corrected codification
                                                                                                                                   information on 5/31/
                                                                                                                                   1995 at 60 FR 28339.
Lead Monitoring Plan................  Statewide.............  4/26/1983, 2/15/1984, and 2/21/   7/5/1984, 49 FR 27502...........  Entire Lead Plan
                                                               1984.                                                               except for the New
                                                                                                                                   Source Review
                                                                                                                                   portion.
Oxygenated Fuels Program--Carbon      Anoka, Carver, Dakota,  4/29/1992.......................  2/21/1996, 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.......  7/3/1979 and 7/27/1979..........  6/16/1980, 45 FR 40579..........
 Transportation Control Plan.
Rochester PM-10 Redesignation and     Olmstead County.......  9/7/1994........................  5/31/1995, 60 FR 28339..........
 Maintenance Plan.
Rochester Sulfur Dioxide              Olmstead County.......  11/4/1998.......................  3/9/2001, 66 FR 14087...........
 Redesignation and Maintenance Plan.

[[Page 224]]

 
Small Business Stationary Source      Statewide.............  4/29/1992.......................  3/16/1994, 59 FR 12165..........  MN Laws Ch 546
 Technical and Environmental                                                                                                       sections 5 through 9.
 Compliance Assistance Plan.
St. Cloud Carbon Monoxide             Benton, Sherbourne,     8/31/1989.......................  6/28/1993, 58 FR 34532..........
 Redesignation.                        and Stearns Counties.
St. Cloud Carbon Monoxide             Benton, Sherbourne,     5/17/1979.......................  12/13/1979, 44 FR 72116.........
 Transportation Control Plan.          and Stearns Counties.
                                                              8/31/1989.......................  6/28/1993, 58 FR 34529..........
St. Paul PM-10 Redesignation and      Ramsey County.........  6/20/2002.......................  7/26/2002, 67 FR 48787..........
 Maintenance Plan.
Twin Cities Carbon Monoxide           Anoka, Carver, Dakota,  3/23/1998.......................  10/29/1999, 64 FR 58347.........
 Redesignation and Maintenance Plan.   Hennepin, Ramsey,
                                       Scott, Washington,
                                       and Wright Counties.
Twin Cities Carbon Monoxide           Anoka, Carver, Dakota,  7/3/1979 and 7/27/1979..........  6/16/1980, 45 FR 40579..........
 Transportation Control Plan.          Hennepin, Ramsey,      7/21/1981.......................  12/8/1981, 46 FR 59972..........
                                       Scott, and Washington  5/20/1985 and 4/17/1986.........  12/31/1986, 51 FR 47237.........
                                       Counties.
Twin Cities / Pine Bend Sulfur        Anoka, Carver, Dakota,  9/7/1994........................  5/31/1995, 60 FR 28339..........  Except for St. Paul
 Dioxide Redesignation and             Hennepin, Ramsey, and  ................................  ................................   Park area.
 Maintenance Plan.                     Washington Counties.   10/3/1995.......................  5/13/1997, 62 FR 26230..........  St. Paul Park area.
Alternative Public Participation      Statewide.............  12/7/2005.......................  7/5/2006, 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.............  11/29/2007......................  7/13/2011, 76 FR 41075..........  This action addresses
 Requirements for the 1997 8-Hour                                                                                                  the following CAA
 Ozone NAAQS.                                                                                                                      elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D)(ii), (E),
                                                                                                                                   (F), (G), (H), (J),
                                                                                                                                   (K), (L), and (M).
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for the
                                                                                                                                   prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C) and (J).

[[Page 225]]

 
Section 110(a)(2) Infrastructure      Statewide.............  11/29/2007......................  7/13/2011, 76 FR 41075..........  This action addresses
 Requirements for the 1997 PM2.5                                                                                                   the following CAA
 NAAQS.                                                                                                                            elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D)(ii), (E),
                                                                                                                                   (F), (G), (H), (J),
                                                                                                                                   (K), (L), and (M).
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for the
                                                                                                                                   prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C) and (J).
Section 110(a)(2) Infrastructure      Statewide.............  5/23/2011, 6/27/2012 (submittal   10/29/2012, 77 FR 65478.........  This action addresses
 Requirements for the 2006 24-Hour                             dates).                                                             the following CAA
 Ozone NAAQS.                                                                                                                      elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D)(i)(II),
                                                                                                                                   (D)(ii), (E), (F),
                                                                                                                                   (G), (H), (J), (K),
                                                                                                                                   (L), and (M). We are
                                                                                                                                   not finalizing action
                                                                                                                                   on the visibility
                                                                                                                                   protection
                                                                                                                                   requirements of
                                                                                                                                   (D)(i)(II) or the
                                                                                                                                   state board
                                                                                                                                   requirements of
                                                                                                                                   (E)(ii). We will
                                                                                                                                   address these
                                                                                                                                   requirements in a
                                                                                                                                   separate action.
                                                                                                                                   Although EPA is
                                                                                                                                   disapproving portions
                                                                                                                                   of Minnesota's
                                                                                                                                   submission addressing
                                                                                                                                   the prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration,
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for this
                                                                                                                                   purpose as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C),
                                                                                                                                   (D)(i)(II), (D)(ii),
                                                                                                                                   and (J).

[[Page 226]]

 
Section 110(a)(2) Infrastructure      Statewide.............  6/19/2012 (submittal date)......  7/16/2014, 79 FR 41442..........  This action addresses
 Requirements for the 2008 lead (Pb)                                                                                               the following CAA
 NAAQS.                                                                                                                            elements:
                                                                                                                                   110(a)(2)(A),(B),
                                                                                                                                   (C), (D), (E), (F),
                                                                                                                                   (G), (H), (J), (K),
                                                                                                                                   (L), and (M). We are
                                                                                                                                   not taking action on
                                                                                                                                   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).
Section 110(a)(2) I nfrastructure     Statewide.............  6/12/2014 (submittal date)......  10/20/2015, 80 FR 63450.........  This action addresses
 Requirements for the 2008 ozone                                                                                                   the following CAA
 NAAQS.                                                                                                                            elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D), (E), (F),
                                                                                                                                   (G), (H), (J), (K),
                                                                                                                                   (L), and (M). We are
                                                                                                                                   not taking action on
                                                                                                                                   (D)(i)(I), the
                                                                                                                                   visibility portion of
                                                                                                                                   (D)(i)(II), or the
                                                                                                                                   state board
                                                                                                                                   requirements of
                                                                                                                                   (E)(ii). We will
                                                                                                                                   address these
                                                                                                                                   requirements in a
                                                                                                                                   separate action. EPA
                                                                                                                                   is disapproving the
                                                                                                                                   elements related to
                                                                                                                                   the prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration,
                                                                                                                                   specifically as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C),
                                                                                                                                   (D)(i)(II), (D)(ii),
                                                                                                                                   and (J); however,
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for this
                                                                                                                                   purpose.

[[Page 227]]

 
Section 110(a)(2) Infrastructure      Statewide.............  6/12/2014 (submittal date)......  10/20/2015, 80 FR 63450.........  This action addresses
 Requirements for the 2010 nitrogen                                                                                                the following CAA
 dioxide (NO2) NAAQS.                                                                                                              elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D), (E), (F),
                                                                                                                                   (G), (H), (J), (K),
                                                                                                                                   (L), and (M). We are
                                                                                                                                   not taking action on
                                                                                                                                   the visibility
                                                                                                                                   portion of (D)(i)(II)
                                                                                                                                   or the state board
                                                                                                                                   requirements of
                                                                                                                                   (E)(ii). We will
                                                                                                                                   address these
                                                                                                                                   requirements in a
                                                                                                                                   separate action. EPA
                                                                                                                                   is disapproving the
                                                                                                                                   elements related to
                                                                                                                                   the prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration,
                                                                                                                                   specifically as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C),
                                                                                                                                   (D)(i)(II), (D)(ii),
                                                                                                                                   and (J); however,
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for this
                                                                                                                                   purpose.
Section 110(a)(2) Infrastructure      Statewide.............  6/12/2014 (submittal date)......  10/20/2015, 80 FR 63450.........  This action addresses
 Requirements for the 2010 sulfur                                                                                                  the following CAA
 dioxide (SO2) NAAQS.                                                                                                              elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D), (E), (F),
                                                                                                                                   (G), (H), (J), (K),
                                                                                                                                   (L), and (M). We are
                                                                                                                                   not taking action on
                                                                                                                                   (D)(i)(I), the
                                                                                                                                   visibility portion of
                                                                                                                                   (D)(i)(II), or the
                                                                                                                                   state board
                                                                                                                                   requirements of
                                                                                                                                   (E)(ii). We will
                                                                                                                                   address these
                                                                                                                                   requirements in a
                                                                                                                                   separate action. EPA
                                                                                                                                   is disapproving the
                                                                                                                                   elements related to
                                                                                                                                   the prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration,
                                                                                                                                   specifically as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C),
                                                                                                                                   (D)(i)(II), (D)(ii),
                                                                                                                                   and (J); however,
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for this
                                                                                                                                   purpose.

[[Page 228]]

 
Section 110(a)(2) Infrastructure      Statewide.............  6/12/2014 (submittal date)......  10/20/2015, 80 FR 63450.........  This action addresses
 Requirements for the 2012 fine                                                                                                    the following CAA
 particulate matter (PM2.5) NAAQS.                                                                                                 elements:
                                                                                                                                   110(a)(2)(A), (B),
                                                                                                                                   (C), (D), (E), (F),
                                                                                                                                   (G), (H), (J), (K),
                                                                                                                                   (L), and (M). We are
                                                                                                                                   not taking action on
                                                                                                                                   (D)(i)(I), the
                                                                                                                                   visibility portion of
                                                                                                                                   (D)(i)(II), or the
                                                                                                                                   state board
                                                                                                                                   requirements of
                                                                                                                                   (E)(ii). We will
                                                                                                                                   address these
                                                                                                                                   requirements in a
                                                                                                                                   separate action. EPA
                                                                                                                                   is disapproving the
                                                                                                                                   elements related to
                                                                                                                                   the prevention of
                                                                                                                                   significant
                                                                                                                                   deterioration,
                                                                                                                                   specifically as they
                                                                                                                                   pertain to section
                                                                                                                                   110(a)(2)(C),
                                                                                                                                   (D)(i)(II), (D)(ii),
                                                                                                                                   and (J); however,
                                                                                                                                   Minnesota continues
                                                                                                                                   to implement the
                                                                                                                                   Federally promulgated
                                                                                                                                   rules for this
                                                                                                                                   purpose.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[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:

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


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



Sec. 52.1222  Original Identification of plan section.

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

[[Page 229]]

    (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 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-

[[Page 230]]

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.
    (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

[[Page 231]]

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 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

[[Page 232]]

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.
    (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.

[[Page 233]]

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.
    (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.

[[Page 234]]

    (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.
    (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.

[[Page 235]]

    (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.
    (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.
    (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

[[Page 236]]

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 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),

[[Page 237]]

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 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.

[[Page 238]]

    (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 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.

[[Page 239]]

    (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 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

[[Page 240]]

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]



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

[[Page 241]]

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--(A) Hibbing Line 1. (1) An emission 
limit of 1.2 lbs NOX/MMBTU, based on a 30-day rolling 
average, shall apply to Hibbing Line 1 when burning natural gas. This 
emission limit will become enforceable 37 months after May 12, 2016 and 
only after EPA's confirmation or modification of the emission limit in 
accordance with the procedures set forth in paragraphs (b)(1)(ii)(A)(2) 
through (7) of this section.
    (2) Compliance with this emission limit will be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator of Hibbing Line 1 must install a 
CEMS for NOX and SO2 within six months from May 
12, 2016. The owner or operator must start collecting CEMS data and 
submit the data to EPA no later than 30 days from the end of each 
calendar quarter after that installation deadline. Any remaining data 
through the end of the 34th month from May 12, 2016, that does not fall 
within a calendar quarter, must be submitted to EPA no later than 30 
days from the end of the 34th month. Although CEMS data must continue to 
be collected, it does not need to be submitted to EPA starting 34 months 
after May 12, 2016.
    (3) No later than 24 months after May 12, 2016 the owner or operator 
must submit to EPA a report, including any final report(s) completed by 
the selected NOX reduction technology supplier and furnace 
retrofit engineer, containing a detailed engineering analysis and 
modeling of the NOX reduction control technology being 
installed on Hibbing Line 1. The NOX reduction control 
technology must be designed to meet an emission limit of 1.2 lbs 
NOX/MMBTU. This report must include a list of all process and 
control technology variables that can reasonably be expected to have an 
impact on NOX emissions control technology performance, as 
well as a description of how these variables can be adjusted to reduce 
NOX emissions to meet the NOX design emission 
limit.
    (4) The NOX reduction control technology shall be 
installed on Hibbing

[[Page 242]]

Line 1 furnace no later than 26 months after May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology; or 26 months from 
May 12, 2016, the owner or operator must provide to EPA the results from 
pellet quality analyses. The owner or operator shall provide the results 
from pellet quality analyses no later than 30 days from the end of each 
calendar quarter up until 34 months after May 12, 2016. Any remaining 
results through the end of the 34th month from May 12, 2016, that do not 
fall within a calendar quarter, must be submitted to EPA no later than 
30 days from the end of the 34th month. The pellet quality analyses 
shall include results for the following factors: Compression, 
reducibility, before tumble, after tumble, low temperature 
disintegration, and swelling. For each of the pellet quality analysis 
factors, the owner or operator must explain the pellet quality analysis 
factor, as well as the defined acceptable range for each factor using 
the applicable product quality standards based upon customers' pellet 
specifications that are contained in Hibbing's ISO 9001 quality 
management system. The owner or operator shall provide pellet quality 
analysis testing results that state the date and time of the analysis 
and, in order to define the time period when pellets were produced 
outside of the defined acceptable range for the pellet quality factors 
listed, provide copies of the production logs that document the starting 
and ending times for such periods. The owner or operator shall provide 
an explanation of causes for pellet samples that fail to meet the 
acceptable range for any pellet quality analysis factor. Pellet quality 
information and data may be submitted to EPA as Confidential Business 
Information.
    (6) No later than 34 months after May 12, 2016, the owner or 
operator may submit to EPA a report to either confirm or modify the 
NOX limits for Hibbing Line 1 furnace within the upper and 
lower bounds described below. EPA will review the report and either 
confirm or modify the NOX limits. If the CEMS data collected 
during operating periods between months 26 and 34 that both meet pellet 
quality specifications and proper furnace/burner operation is normally 
distributed, the limit adjustment determination shall be based on the 
appropriate (depending upon whether data are statistically independent 
or dependent) 95% upper predictive limit (UPL) equations in paragraph 
(f) of this section. If the CEMS data collected during operating periods 
between months 26 and 34 that both meet pellet quality specifications 
and proper furnace/burner operation are not normally distributed, the 
limit adjustment determination shall be based on the non-parametric 
equation provided in paragraph (f) of this section. The data set for the 
determination shall exclude periods when pellet quality did not fall 
within the defined acceptable ranges of the pellet quality factors 
identified pursuant to paragraph (b)(1)(ii)(E) of this section and for 
any subsequent period when production has been reduced in response to 
pellet quality concerns consistent with Hibbing's ISO 9001 operating 
standards. Any excluded period will commence at the time documented on 
the production log demonstrating that pellet quality did not fall within 
the defined acceptable range and shall end when pellet quality within 
the defined acceptable range has been re-established at planned 
production levels, which will be presumed to be the level that existed 
immediately prior to the reduction in production due to pellet quality 
concerns. EPA may also exclude data where operations are inconsistent 
with the reported design parameters of the NOX reduction 
control technology installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limit in the Federal 
Register no later than 37 months after May 12, 2016. The confirmed or 
modified NOX limit for Hibbing Line 1 when burning only 
natural gas may be no lower than 1.2 lbs NOX/MMBTU, based on 
a 30-day rolling average, and may not exceed 1.8 lbs NOX/
MMBTU, based on a 30-day rolling average.
    (B) Hibbing Line 2. (1) An emission limit of 1.2 lbs NOX/
MMBTU, based on a 30-day rolling average, shall apply to Hibbing Line 2 
when burning natural gas. This emission limit will become

[[Page 243]]

enforceable 55 months after May 12, 2016 and only after EPA's 
confirmation or modification of the emission limit in accordance with 
the procedures set forth in paragraphs (b)(1)(ii)(B)(2) through (7) of 
this section.
    (2) Compliance with this emission limit will be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator of Hibbing Line 2 must install a 
CEMS for NOX and SO2 within six months from May 
12, 2016. The owner or operator must start collecting CEMS data and 
submit the data to EPA no later than 30 days from the end of each 
calendar quarter after that installation deadline. Any remaining data 
through the end of the 52nd month from May 12, 2016, that does not fall 
within a calendar quarter, must be submitted to EPA no later than 30 
days from the end of the 52nd month. Although CEMS data must continue to 
be collected, it does not need to be submitted to EPA starting 52 months 
after May 12, 2016.
    (3) No later than 42 months after May 12, 2016 the owner or operator 
must submit to EPA a report, including any final report(s) completed by 
the selected NOX reduction technology supplier and furnace 
retrofit engineer, containing a detailed engineering analysis and 
modeling of the NOX reduction control technology being 
installed on Hibbing Line 2. The NOX reduction control 
technology must be designed to meet an emission limit of 1.2 lbs 
NOX/MMBTU. This report must include a list of all process and 
control technology variables that can reasonably be expected to have an 
impact on NOX emissions control technology performance, as 
well as a description of how these variables can be adjusted to reduce 
NOX emissions to meet the NOX design emission 
limit.
    (4) The NOX reduction control technology shall be 
installed on Hibbing Line 2 furnace no later than 44 months after May 
12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology; or 44 months from 
May 12, 2016, the owner or operator must provide to EPA the results from 
pellet quality analyses. The owner or operator shall provide the results 
from pellet quality analyses no later than 30 days from the end of each 
calendar quarter up until 52 months after May 12, 2016. Any remaining 
results through the end of the 52nd month from May 12, 2016, that do not 
fall within a calendar quarter, must be submitted to EPA no later than 
30 days from the end of the 52nd month. The pellet quality analyses 
shall include results for the following factors: Compression, 
reducibility, before tumble, after tumble, low temperature 
disintegration, and swelling. For each of the pellet quality analysis 
factors, the owner or operator must explain the pellet quality analysis 
factor, as well as the defined acceptable range for each factor using 
the applicable product quality standards based upon customers' pellet 
specifications that are contained in Hibbing's ISO 9001 quality 
management system. The owner or operator shall provide pellet quality 
analysis testing results that state the date and time of the analysis 
and, in order to define the time period when pellets were produced 
outside of the defined acceptable range for the pellet quality factors 
listed, provide copies of the production logs that document the starting 
and ending times for such periods. The owner or operator shall provide 
an explanation of causes for pellet samples that fail to meet the 
acceptable range for any pellet quality analysis factor. Pellet quality 
information and data may be submitted to EPA as Confidential Business 
Information.
    (6) No later than 52 months after May 12, 2016, the owner or 
operator may submit to EPA a report to either confirm or modify the 
NOX limits for Hibbing Line 2 furnace within the upper and 
lower bounds described below. EPA will review the report and either 
confirm or modify the NOX limits. If the CEMS data collected 
during operating periods between months 44 and 52 that both meet pellet 
quality specifications and proper furnace/burner operation is normally 
distributed, the limit adjustment determination shall be based on the 
appropriate (depending upon whether data are statistically independent 
or dependent) 95% upper predictive limit (UPL) equations in paragraph 
(f) of this section. If the CEMS data collected during operating periods

[[Page 244]]

between months 44 and 52 that both meet pellet quality specifications 
and proper furnace/burner operation are not normally distributed, the 
limit adjustment determination shall be based on the non-parametric 
equation provided in paragraph (f) of this section. The data set for the 
determination shall exclude periods when pellet quality did not fall 
within the defined acceptable ranges of the pellet quality factors 
identified pursuant to paragraph (b)(1)(ii)(E) of this section and for 
any subsequent period when production has been reduced in response to 
pellet quality concerns consistent with Hibbing's ISO 9001 operating 
standards. Any excluded period will commence at the time documented on 
the production log demonstrating that pellet quality did not fall within 
the defined acceptable range and shall end when pellet quality within 
the defined acceptable range has been re-established at planned 
production levels, which will be presumed to be the level that existed 
immediately prior to the reduction in production due to pellet quality 
concerns. EPA may also exclude data where operations are inconsistent 
with the reported design parameters of the NOX reduction 
control technology installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limit in the Federal 
Register no later than 55 months after May 12, 2016. The confirmed or 
modified NOX limit for Hibbing Line 2 when burning only 
natural gas may be no lower than 1.2 lbs NOX/MMBTU, based on 
a 30-day rolling average, and may not exceed 1.8 lbs NOX/
MMBTU, based on a 30-day rolling average.
    (C) Hibbing Line 3. (1) An emission limit of 1.2 lbs NOX/
MMBTU, based on a 30-day rolling average, shall apply to Hibbing Line 3 
when burning natural gas. This emission limit will become enforceable 60 
months after May 12, 2016 and only after EPA's confirmation or 
modification of the emission limit in accordance with the procedures set 
forth in paragraphs (b)(1)(ii)(C)(2) through (7) of this section.
    (2) Compliance with this emission limit will be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator of Hibbing Line 3 must install a 
CEMS for NOX and SO2 within six months from May 
12, 2016. The owner or operator must start collecting CEMS data and 
submit the data to EPA no later than 30 days from the end of each 
calendar quarter after that installation deadline. Any remaining data 
through the end of the 57th month from May 12, 2016, that does not fall 
within a calendar quarter, must be submitted to EPA no later than 30 
days from the end of the 57th month. Although CEMS data must continue to 
be collected, it does not need to be submitted to EPA starting 57 months 
after May 12, 2016.
    (3) No later than 48 months after May 12, 2016 the owner or operator 
must submit to EPA a report, including any final report(s) completed by 
the selected NOX reduction technology supplier and furnace 
retrofit engineer, containing a detailed engineering analysis and 
modeling of the NOX reduction control technology being 
installed on Hibbing Line 3. The NOX reduction control 
technology must be designed to meet an emission limit of 1.2 lbs 
NOX/MMBTU. This report must include a list of all process and 
control technology variables that can reasonably be expected to have an 
impact on NOX emissions control technology performance, as 
well as a description of how these variables can be adjusted to reduce 
NOX emissions to meet the NOX design emission 
limit.
    (4) The NOX reduction control technology shall be 
installed on Hibbing Line 3 furnace no later than 50 months after May 
12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology; or 50 months from 
May 12, 2016, the owner or operator must provide to EPA the results from 
pellet quality analyses. The owner or operator shall provide the results 
from pellet quality analyses no later than 30 days from the end of each 
calendar quarter up until 57 months after May 12, 2016. Any remaining 
results through the end of the 57th month from May 12, 2016, that do not 
fall within a calendar quarter, must be submitted to EPA no later than 
30 days from the end of the 57th month. The

[[Page 245]]

pellet quality analyses shall include results for the following factors: 
Compression, reducibility, before tumble, after tumble, low temperature 
disintegration, and swelling. For each of the pellet quality analysis 
factors, the owner or operator must explain the pellet quality analysis 
factor, as well as the defined acceptable range for each factor using 
the applicable product quality standards based upon customers' pellet 
specifications that are contained in Hibbing's ISO 9001 quality 
management system. The owner or operator shall provide pellet quality 
analysis testing results that state the date and time of the analysis 
and, in order to define the time period when pellets were produced 
outside of the defined acceptable range for the pellet quality factors 
listed, provide copies of the production logs that document the starting 
and ending times for such periods. The owner or operator shall provide 
an explanation of causes for pellet samples that fail to meet the 
acceptable range for any pellet quality analysis factor. Pellet quality 
information and data may be submitted to EPA as Confidential Business 
Information.
    (6) No later than 57 months after May 12, 2016, the owner or 
operator may submit to EPA a report to either confirm or modify the 
NOX limits for Hibbing Line 3 furnace within the upper and 
lower bounds described below. EPA will review the report and either 
confirm or modify the NOX limits. If the CEMS data collected 
during operating periods between months 50 and 57 that both meet pellet 
quality specifications and proper furnace/burner operation is normally 
distributed, the limit adjustment determination shall be based on the 
appropriate (depending upon whether data are statistically independent 
or dependent) 95% upper predictive limit (UPL) equations in paragraph 
(f) of this section. If the CEMS data collected during operating periods 
between months 50 and 57 that both meet pellet quality specifications 
and proper furnace/burner operation are not normally distributed, the 
limit adjustment determination shall be based on the non-parametric 
equation provided in paragraph (f) of this section. The data set for the 
determination shall exclude periods when pellet quality did not fall 
within the defined acceptable ranges of the pellet quality factors 
identified pursuant to paragraph (b)(1)(ii)(E) of this section and for 
any subsequent period when production has been reduced in response to 
pellet quality concerns consistent with Hibbing's ISO 9001 operating 
standards. Any excluded period will commence at the time documented on 
the production log demonstrating that pellet quality did not fall within 
the defined acceptable range and shall end when pellet quality within 
the defined acceptable range has been re-established at planned 
production levels, which will be presumed to be the level that existed 
immediately prior to the reduction in production due to pellet quality 
concerns. EPA may also exclude data where operations are inconsistent 
with the reported design parameters of the NOX reduction 
control technology installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limit in the Federal 
Register no later than 60 months after May 12, 2016. The confirmed or 
modified NOX limit for Hibbing Line 3 when burning only 
natural gas may be no lower than 1.2 lbs NOX/MMBTU, based on 
a 30-day rolling average, and may not exceed 1.8 lbs NOX/
MMBTU, based on a 30-day rolling average.
    (iii) United States Steel Corporation, Minntac: An emission limit of 
1.5 lbs NOX/MMBtu, based on a 30-day rolling average, shall 
apply to each of the five indurating furnaces (EU225, EU261, EU282, 
EU315, and EU334). The owner or operator shall comply with this 
NOX emission limit beginning 12 months from March 8, 2013 for 
the Line 6 indurating furnace (EU315); 24 months from March 8, 2013 for 
the Line 7 indurating furnace (EU334); 36 months from March 8, 2013 for 
the Line 4 or Line 5 indurating furnace (EU261) or (EU282); 48 months 
from March 8, 2013 for the Line 5 or Line 4 indurating furnace (EU282) 
or (EU261); and 59 months from March 8, 2013 for the Line 3 indurating 
furnace (EU225). However, for any 30 or more consecutive days when only 
natural gas is used at any of Minntac's indurating furnaces, a limit of 
1.2 lbs NOX/MMBtu, based on a 30-

[[Page 246]]

day rolling average, shall apply to that furnace.
    (iv) United Taconite--(A) United Taconite Line 1. (1) An emission 
limit of 2.8 lbs NOX/MMBTU, based on a 720-hour rolling 
average, shall apply to United Taconite Grate Kiln Line 1 when burning 
natural gas, and an emission limit of 1.5 lbs NOX/MMBTU, 
based on a 720-hour rolling average, shall apply to United Taconite 
Grate Kiln Line 1 when burning coal or a mixture of coal and natural 
gas. These emission limits will become enforceable 37 months after May 
12, 2016 and only after EPA's confirmation or modification of the 
emission limit in accordance with the procedures set forth in paragraphs 
(b)(1)(iv)(A)(2) through (8) of this section.
    (2) Compliance with these emission limits shall be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator must start collecting CEMS data 
for NOX on May 12, 2016 and submit the data to EPA no later 
than 30 days from the end of each calendar quarter. Any remaining data 
through the end of the 34th month from May 12, 2016, that does not fall 
within a calendar quarter, must be submitted to EPA no later than 30 
days from the end of the 34th month. Although CEMS data must continue to 
be collected, it does not need to be submitted to EPA starting 34 months 
after May 12, 2016.
    (3) No later than 24 months from May 12, 2016, the owner or operator 
must submit to EPA a report, including any final report(s) completed by 
the selected NOX reduction technology supplier and furnace 
retrofit engineer, containing a detailed engineering analysis and 
modeling of the NOX reduction control technology being 
installed on United Taconite Grate Kiln Line 1. This report must include 
a list of all variables that can reasonably be expected to have an 
impact on NOX emission control technology performance, as 
well as a description of how these variables can be adjusted to reduce 
NOX emissions to meet the NOX design emission 
limit. This NOX reduction control technology must be designed 
to meet emission limits of 2.8 lbs NOX/MMBTU when burning 
natural gas and 1.5 lbs NOX/MMBTU when burning coal or a 
mixture of coal and natural gas.
    (4) The NOX reduction control technology shall be 
installed on United Taconite Grate Kiln Line 1 furnace no later than 26 
months from May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology or 26 months from May 
12, 2016, the owner or operator must provide to EPA the results from 
pellet quality analyses. The owner or operator shall provide the results 
from pellet quality analyses no later than 30 days from the end of each 
calendar quarter up until 34 months after May 12, 2016. Any remaining 
results through the end of the 34th month, that do not fall within a 
calendar quarter, must be submitted to EPA no later than 30 days from 
the end of the 34th month. The pellet quality analyses shall include 
results for the following factors: Compression, reducibility, before 
tumble, after tumble, and low temperature disintegration. For each of 
the pellet quality analysis factors, the owner or operator must explain 
the pellet quality analysis factor, as well as the defined acceptable 
range for each factor using the applicable product quality standards 
based upon customers' pellet specifications that are contained in United 
Taconite's ISO 9001 quality management system. The owner or operator 
shall provide pellet quality analysis testing results that state the 
date and time of the analysis and, in order to define the time period 
when pellets were produced outside of the defined acceptable range for 
the pellet quality factors listed, provide copies of the production logs 
that document the starting and ending times for such periods. The owner 
or operator shall provide an explanation of causes for pellet samples 
that fail to meet the acceptable range for any pellet quality analysis 
factor. Pellet quality information and data may be submitted to EPA as 
Confidential Business Information.
    (6) No later than 34 months after May 12, 2016, the owner or 
operator may submit to EPA a report to either confirm or modify the 
NOX limits for United Taconite Grate Kiln Line 1 within the 
upper and lower bounds described below. EPA will review the report and

[[Page 247]]

either confirm or modify the NOX limits. If the CEMS data 
collected during operating periods between months 26 and 34 that both 
meet pellet quality specifications and proper furnace/burner operation 
is normally distributed, the limit adjustment determination shall be 
based on the appropriate (depending upon whether data are statistically 
independent or dependent) 95% upper predictive limit (UPL) equations in 
paragraph (f) of this section. If the CEMS data collected during 
operating periods between months 26 and 34 that both meet pellet quality 
specifications and proper furnace/burner operation are not normally 
distributed, the limit adjustment determination shall be based on the 
non-parametric equation provided in paragraph (f) of this section. The 
data set for the determination shall exclude periods when pellet quality 
did not fall within the defined acceptable ranges of the pellet quality 
factors identified pursuant to paragraph (b)(1)(iv)(A)(5) of this 
section and for any subsequent period when production had been reduced 
in response to pellet quality concerns consistent with United Taconite's 
ISO 9001 operating standards. Any excluded period will commence at the 
time documented on the production log demonstrating pellet quality did 
not fall within the defined acceptable range, and shall end when pellet 
quality within the defined acceptable range has been re-established at 
planned production levels, which will be presumed to be the level that 
existed immediately prior to the reduction in production due to pellet 
quality concerns. EPA may also exclude data where operations are 
inconsistent with the reported design parameters of the NOX 
reduction control technology that were installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limits in the Federal 
Register no later than 37 months after May 12, 2016. The confirmed or 
modified NOX limit for United Taconite Grate Kiln Line 1 when 
burning only natural gas may be no lower than 2.8 lbs NOX/
MMBTU, based on a 720-hour rolling average, and may not exceed 3.0 lbs 
NOX/MMBTU, based on a 720-hour rolling average. The confirmed 
or modified NOX limit for United Taconite Grate Kiln Line 1 
when burning coal or a mixture of coal and natural gas may be no lower 
than 1.5 lbs NOX/MMBTU, based on a 720-hour rolling average, 
and may not exceed 2.5 lbs NOX/MMBTU, based on a 720-hour 
rolling average.
    (8) If the owner or operator submits a report proposing a single 
NOX limit for all fuels, EPA may approve the proposed 
NOX limit for all fuels based on a 30-day rolling average. 
The confirmed or modified limit will be established and enforceable 
within 37 months from May 12, 2016.
    (B) United Taconite Line 2. (1) An emission limit of 2.8 lbs 
NOX/MMBTU, based on a 720-hour rolling average, shall apply 
to United Taconite Grate Kiln Line 2 when burning natural gas, and an 
emission limit of 1.5 lbs NOX/MMBTU, based on a 720-hour 
rolling average, shall apply to United Taconite Grate Kiln Line 2 when 
burning coal or a mixture of coal and natural gas. These emission limits 
will become enforceable 55 months after May 12, 2016 and only after 
EPA's confirmation or modification of the emission limit in accordance 
with the procedures set forth in paragraphs (b)(1)(iv)(B)(2) through (8) 
of this section.
    (2) Compliance with these emission limits shall be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator must start collecting CEMS data 
for NOX on May 12, 2016 and submit the data to EPA no later 
than 30 days from the end of each calendar quarter. Any remaining data 
through the end of the 52nd month from May 12, 2016, that does not fall 
within a calendar quarter, must be submitted to EPA no later than 30 
days from the end of the 52nd month. Although CEMS data must continue to 
be collected, it does not need to be submitted to EPA starting 52 months 
after May 12, 2016.
    (3) No later than 42 months from May 12, 2016, the owner or operator 
must submit to EPA a report, including any final report(s) completed by 
the selected NOX reduction technology supplier and furnace 
retrofit engineer, containing a detailed engineering analysis and 
modeling of the NOX reduction

[[Page 248]]

control technology being installed on United Taconite Grate Kiln Line 2. 
This report must include a list of all variables that can reasonably be 
expected to have an impact on NOX emission control technology 
performance, as well as a description of how these variables can be 
adjusted to reduce NOX emissions to meet the NOX 
design emission limit. This NOX reduction control technology 
must be designed to meet emission limits of 2.8 lbs NOX/MMBTU 
when burning natural gas and 1.5 lbs NOX/MMBTU when burning 
coal or a mixture of coal and natural gas.
    (4) The NOX reduction control technology shall be 
installed on United Taconite Grate Kiln Line 2 furnace no later than 44 
months from May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology or 44 months from May 
12, 2016, the owner or operator must provide to EPA the results from 
pellet quality analyses. The owner or operator shall provide the results 
from pellet quality analyses no later than 30 days from the end of each 
calendar quarter up until 52 months after May 12, 2016. Any remaining 
results through the end of the 52nd month, that do not fall within a 
calendar quarter, must be submitted to EPA no later than 30 days from 
the end of the 52nd month. The pellet quality analyses shall include 
results for the following factors: Compression, reducibility, before 
tumble, after tumble, and low temperature disintegration. For each of 
the pellet quality analysis factors, the owner or operator must explain 
the pellet quality analysis factor, as well as the defined acceptable 
range for each factor using the applicable product quality standards 
based upon customers' pellet specifications that are contained in United 
Taconite's ISO 9001 quality management system. The owner or operator 
shall provide pellet quality analysis testing results that state the 
date and time of the analysis and, in order to define the time period 
when pellets were produced outside of the defined acceptable range for 
the pellet quality factors listed, provide copies of the production logs 
that document the starting and ending times for such periods. The owner 
or operator shall provide an explanation of causes for pellet samples 
that fail to meet the acceptable range for any pellet quality analysis 
factor. Pellet quality information and data may be submitted to EPA as 
Confidential Business Information.
    (6) No later than 52 months after May 12, 2016, the owner or 
operator may submit to EPA a report to either confirm or modify the 
NOX limits for United Taconite Grate Kiln Line 2 within the 
upper and lower bounds described below. EPA will review the report and 
either confirm or modify the NOX limits. If the CEMS data 
collected during operating periods between months 44 and 52 that both 
meet pellet quality specifications and proper furnace/burner operation 
is normally distributed, the limit adjustment determination shall be 
based on the appropriate (depending upon whether data are statistically 
independent or dependent) 95% upper predictive limit (UPL) equations in 
paragraph (f) of this section. If the CEMS data collected during 
operating periods between months 44 and 52 that both meet pellet quality 
specifications and proper furnace/burner operation are not normally 
distributed, the limit adjustment determination shall be based on the 
non-parametric equation provided in paragraph (f) of this section. The 
data set for the determination shall exclude periods when pellet quality 
did not fall within the defined acceptable ranges of the pellet quality 
factors identified pursuant to paragraph (b)(1)(iv)(B)(5) of this 
section and for any subsequent period when production had been reduced 
in response to pellet quality concerns consistent with United Taconite's 
ISO 9001 operating standards. Any excluded period will commence at the 
time documented on the production log demonstrating pellet quality did 
not fall within the defined acceptable range, and shall end when pellet 
quality within the defined acceptable range has been re-established at 
planned production levels, which will be presumed to be the level that 
existed immediately prior to the reduction in production due to pellet 
quality concerns. EPA may also exclude data where operations are 
inconsistent with the reported design parameters of the NOX 
reduction control technology that were installed.

[[Page 249]]

    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limits in the Federal 
Register no later than 55 months after May 12, 2016. The confirmed or 
modified NOX limit for United Taconite Grate Kiln Line 2 when 
burning only natural gas may be no lower than 2.8 lbs NOX/
MMBTU, based on a 720-hour rolling average, and may not exceed 3.0 lbs 
NOX/MMBTU, based on a 720-hour rolling average. The confirmed 
or modified NOX limit for United Taconite Grate Kiln Line 2 
when burning coal or a mixture of coal and natural gas may be no lower 
than 1.5 lbs NOX/MMBTU, based on a 720-hour rolling average, 
and may not exceed 2.5 lbs NOX/MMBTU, based on a 720-hour 
rolling average.
    (8) If the owner or operator submits a report proposing a single 
NOX limit for all fuels, EPA may approve the proposed 
NOX limit for all fuels based on a 30-day rolling average. 
The confirmed or modified limit will be established and enforceable 
within 55 months from May 12, 2016.
    (v) ArcelorMittal USA--(A) ArcelorMittal Minorca Mine. (1) An 
emission limit of 1.2 lbs NOX/MMBTU, based on a 30-day 
rolling average, shall apply to the ArcelorMittal Minorca Mine 
indurating furnace when burning natural gas. This emission limit will 
become enforceable 55 months after May 12, 2016 and only after EPA's 
confirmation or modification of the emission limit in accordance with 
the procedures set forth in paragraphs (b)(1)(v)(A)(2) through (7) of 
this section.
    (2) Compliance with this emission limit will be demonstrated with 
data collected by a continuous emissions monitoring system (CEMS) for 
NOX. The owner or operator of the ArcelorMittal Minorca Mine 
indurating furnace must install a CEMS for NOX and 
SO2 within six months from May 12, 2016. The owner or 
operator must start collecting CEMS data and submit the data to EPA no 
later than 30 days from the end of each calendar quarter after that 
installation deadline. Any remaining data through the end of the 52nd 
month from May 12, 2016, that does not fall within a calendar quarter, 
must be submitted to EPA no later than 30 days from the end of the 52nd 
month. Although CEMS data must continue to be collected, it does not 
need to be submitted to EPA starting 52 months after May 12, 2016.
    (3) No later than 42 months after May 12, 2016 the owner or operator 
must submit to EPA a report, including any final report(s) completed by 
the selected NOX reduction technology supplier and furnace 
retrofit engineer, containing a detailed engineering analysis and 
modeling of the NOX reduction control technology being 
installed on the ArcelorMittal Minorca Mine indurating furnace. The 
NOX reduction control technology must be designed to meet an 
emission limit of 1.2 lbs NOX/MMBTU. This report must include 
a list of all process and control technology variables that can 
reasonably be expected to have an impact on NOX emissions 
control technology performance, as well as a description of how these 
variables can be adjusted to reduce NOX emissions to meet the 
NOX design emission limit.
    (4) The NOX reduction control technology shall be 
installed on the ArcelorMittal Minorca Mine indurating furnace no later 
than 44 months after May 12, 2016.
    (5) Commencing on the earlier of: Six months from the installation 
of the NOX reduction control technology; or 44 months from 
May 12, 2016, the owner or operator must provide to EPA the results from 
pellet quality analyses. The owner or operator shall provide the results 
from pellet quality analyses no later than 30 days from the end of each 
calendar quarter up until 52 months after May 12, 2016. Any remaining 
results through the end of the 52nd month from May 12, 2016, that do not 
fall within a calendar quarter, must be submitted to EPA no later than 
30 days from the end of the 52nd month. The pellet quality analyses 
shall include results for the following factors: Compression, 
reducibility, before tumble, after tumble, low temperature 
disintegration, and contraction. For each of the pellet quality analysis 
factors, the owner or operator must explain the pellet quality analysis 
factor, as well as the defined acceptable range for

[[Page 250]]

each factor using the applicable product quality standards based upon 
customers' pellet specifications that are contained in the ArcelorMittal 
Minorca Mine's Standard Product Parameters. The owner or operator shall 
provide pellet quality analysis testing results that state the date and 
time of the analysis and, in order to define the time period when 
pellets were produced outside of the defined acceptable range for the 
pellet quality factors listed, provide copies of production or scale 
data that document the starting and ending times for such periods. The 
owner or operator shall provide an explanation of causes for pellet 
samples that fail to meet the acceptable range for any pellet quality 
analysis factor. Pellet quality information and data may be submitted to 
EPA as Confidential Business Information.
    (6) No later than 52 months after May 12, 2016, the owner or 
operator may submit to EPA a report to either confirm or modify the 
NOX limits for the ArcelorMittal Minorca Mine indurating 
furnace within the upper and lower bounds described below. EPA will 
review the report and either confirm or modify the NOX 
limits. If the CEMS data collected during operating periods between 
months 44 and 52 that both meet pellet quality specifications and proper 
furnace/burner operation is normally distributed, the limit adjustment 
determination shall be based on the appropriate (depending upon whether 
data are statistically independent or dependent) 95% upper predictive 
limit (UPL) equations in paragraph (f) of this section. If the CEMS data 
collected during operating periods between months 44 and 52 that both 
meet pellet quality specifications and proper furnace/burner operation 
are not normally distributed, the limit adjustment determination shall 
be based on the non-parametric equation provided in paragraph (f) of 
this section. The data set for the determination shall exclude periods 
when pellet quality did not fall within the defined acceptable ranges of 
the pellet quality factors identified pursuant to paragraph 
(b)(1)(v)(A)(5) of this section and for any subsequent period when 
production has been reduced in response to pellet quality concerns 
consistent with the ArcelorMittal Minorca Mine's Standard Product 
Parameters. Any excluded period will commence at the time documented in 
related quality reports demonstrating that pellet quality did not fall 
within the defined acceptable range and shall end when pellet quality 
within the defined acceptable range has been re-established at planned 
production levels, which will be presumed to be the level that existed 
immediately prior to the reduction in production due to pellet quality 
concerns. EPA may also exclude data where operations are inconsistent 
with the reported design parameters of the NOX reduction 
control technology installed.
    (7) EPA will take final agency action by publishing its final 
confirmation or modification of the NOX limit in the Federal 
Register no later than 55 months after May 12, 2016. The confirmed or 
modified NOX limit for the ArcelorMittal Minorca Mine 
indurating furnace when burning only natural gas may be no lower than 
1.2 lbs NOX/MMBTU, based on a 30-day rolling average, and may 
not exceed 1.8 lbs NOX/MMBTU, based on a 30-day rolling 
average.
    (B) [Reserved]
    (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

[[Page 251]]

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)*[alpha]

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

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

UPL = Xm,

Where:

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

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


Where:

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

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


Where:

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

[[Page 252]]

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 six months after May 12, 2016. Compliance with this aggregate 
emission limit shall be demonstrated with data collected by a continuous 
emissions monitoring system (CEMS) for SO2. The owner or 
operator must start collecting CEMS data for SO2 beginning 
six months after May 12, 2016 and submit the data to EPA no later than 
30 days from the end of each calendar quarter. Beginning six months 
after May 12, 2016, any coal burned on UTAC Grate Kiln Line 1 or Line 2 
shall have no more than 1.5 percent sulfur by weight based on a monthly 
block average. The sampling and calculation methodology for determining 
the sulfur content of coal must be described in the monitoring plan 
required for this furnace.
    (v) ArcelorMittal Minorca Mine: An emission limit of 38.16 lbs 
SO2/hr, based on a 30-day rolling average, shall apply to the 
indurating furnace (EU026) beginning 6 months from March 8, 2013. This 
limit shall not apply when the unit is combusting fuel oil. However, if 
any fuel oil is burned after the first day that SO2 CEMS are 
required to be operational, then the information specified in paragraph 
(b)(2)(vii) of this section must be submitted, for each calendar year, 
to the Regional Administrator no later than 30 days after the end of 
each calendar year so that a limit can be set. Within 20 months of March 
8, 2013, the owner or operator may calculate a revised SO2 
limit based on one year of hourly CEMS emissions data reported in lbs 
SO2/hr and submit such limit, calculations, and CEMS data to 
EPA. This limit shall be set in terms of lbs SO2/hr, based on 
the following equations, with compliance to be determined on a 30-day 
rolling average.

m = (n + 1) * [alpha]

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

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

UPL = Xm,

Where:

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

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

Where:

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

    (vi) Northshore Mining Company--Silver Bay: An aggregate emission 
limit of 39.0 lbs SO2/hr, based on a 30-day rolling average, 
shall apply to Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114). 
Compliance with this limit is required within 6 months. Emissions 
resulting from the combustion of fuel oil are not included in the 
calculation of the 30-day rolling average. However, if any fuel oil is 
burned after the first day that SO2 CEMS are required to be 
operational, then the information specified in paragraph

[[Page 253]]

(b)(2)(vii) of this section must be submitted, for each calendar year, 
to the Regional Administrator no later than 30 days after the end of 
each calendar year so that a limit can be set. Within 20 months of March 
8, 2013, the owner or operator must calculate a revised SO2 
limit based on one year of hourly CEMS emissions data reported in lbs 
SO2/hr and submit such limit, calculations and CEMS data to 
EPA. This limit shall be set in terms of lbs SO2/hr, based on 
the following equations, with compliance to be determined on a 30-day 
rolling average.

m = (n + 1) * [alpha]

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

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

UPL = Xm,

Where:

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

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

Where:

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

    (vii) Starting with the first day that SO2 CEMS are 
required to be operational, for the facilities listed in paragraphs 
(b)(2)(i)-(b)(2)(vi) of this section, records shall be kept for any day 
during which fuel oil is burned (either alone or blended with other 
fuels) in one or more of a facility's indurating furnaces. These records 
must include, at a minimum, the gallons of fuel oil burned per hour, the 
sulfur content of the fuel oil, and the SO2 emissions in 
pounds per hour. If any fuel oil is burned after the first day that 
SO2 CEMS are required to be operational, then the records 
must be submitted, for each calendar year, to the Regional Administrator 
no later than 30 days after the end of each calendar year.
    (c) Testing and monitoring. (1) The owner or operator of the 
respective facility shall install, certify, calibrate, maintain and 
operate continuous emissions monitoring systems (CEMS) for 
NOX on United States Steel Corporation, Keetac unit EU030; 
Hibbing Taconite Company units EU020, EU021, and EU022; United States 
Steel Corporation, Minntac units EU225, EU261, EU282, EU315, and EU334; 
United Taconite units EU040 and EU042; ArcelorMittal Minorca Mine unit 
EU026; and Northshore Mining Company-Silver Bay units Furnace 11 (EU100/
EU104) and Furnace 12 (EU110/EU114). Compliance with the emission limits 
for NOX shall be determined using data from the CEMS.
    (2) The owner or operator shall install, certify, calibrate, 
maintain, and operate CEMS for SO2 on United States Steel 
Corporation, Keetac unit EU030; Hibbing Taconite Company units EU020, 
EU021, and EU022; United States Steel Corporation, Minntac units EU225, 
EU261, EU282, EU315, and EU334; United Taconite units EU040 and EU042; 
ArcelorMittal Minorca Mine unit EU026; and Northshore Mining Company-
Silver Bay units Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
    (3) The owner or operator shall install, certify, calibrate, 
maintain, and operate one or more continuous diluent monitor(s) 
(O2 or CO2) and continuous flow rate monitor(s) on 
the BART affected units to allow conversion of the NOX and 
SO2 concentrations to units of the standard (lbs/MMBTU and 
lbs/hr, respectively) unless a demonstration is made that a diluent 
monitor and continuous flow rate monitor are not needed for the owner or 
operator to demonstrate compliance with applicable emission limits in 
units of the standards.

[[Page 254]]

    (4) For purposes of this section, all CEMS required by this section 
must meet the requirements of paragraphs (c)(4)(i) through (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) CEMS must be installed and operational as follows:
    (A) All CEMS associated with monitoring NOX (including 
the NOX monitor and necessary diluent and flow rate monitors) 
at the following facilities: U.S. Steel Keetac, U.S. Steel Minntac, and 
Northshore Mining Company-Silver Bay, must be installed and operational 
no later than the unit specific compliance dates for the emission limits 
identified at paragraphs (b)(1)(i), (iii) and (vi) of this section, 
respectively.
    (B) All CEMS associated with monitoring NOX (including 
the NOX monitor and necessary diluent and flow rate monitors) 
at the following facilities: Hibbing Taconite Company, United Taconite, 
and ArcelorMittal Minorca Mine, must be installed and operational no 
later than the unit specific installation dates for the installation and 
operation of CEMS identified at paragraphs (b)(1)(ii), (iv) and (v) of 
this section, respectively.
    (C) All CEMS associated with monitoring SO2 at the 
following facilities: U.S. Steel Keetac, U.S. Steel Minntac, and 
Northshore Mining Company-Silver Bay, must be installed and operational 
no later than six months after May 12, 2016.
    (D) All CEMS associated with monitoring SO2 at the 
following facilities: Hibbing Taconite Company, United Taconite, and 
ArcelorMittal Minorca Mine, must be installed and operational no later 
than six months after May 12, 2016.
    (E) The operational status of the CEMS identified in paragraphs 
(c)(1) and (2) of this section shall be verified by, as a minimum, 
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 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) through (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

[[Page 255]]

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 15-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) through (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 29 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 29 operating days.
    (C) Divide the total number of pounds of the pollutant in question 
emitted during the 30 operating days by the total heat input (or actual 
hours of operation depending on the emission limit selected) during the 
30 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 
five hours during a 24-hour period, then the actual operating hours for 
that day are five. 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 720-hour rolling average emission rate determined from data 
derived from the CEMS required by this section (in lbs/MMBTU) must be 
calculated in accordance with (c)(4)(xi)(A) through (C).
    (A) Sum the total pounds of NOX emitted from the unit 
every hour and the previous (not necessarily consecutive) 719 hours for 
which that type of fuel (either natural gas or mixed coal and natural 
gas) was used.
    (B) Sum the total heat input to the unit (in MMBTU) every hour and 
the previous (not necessarily consecutive) 719 hours for which that type 
of fuel (either natural gas or mixed coal and natural gas) was used.
    (C) Divide the total number of pounds of NOX emitted 
during the 720 hours, as defined above, by the total heat input during 
the same 720 hour period. This calculation must be done separately for 
each fuel type (either for natural gas or mixed coal and natural gas).
    (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

[[Page 256]]

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.
    (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 
five years following the date of creation.
    (iii) Records must be kept on site for at least two years following 
the date of creation and may be kept offsite, but readily accessible, 
for the remaining three years.
    (2) The owner or operator of the BART affected units must maintain 
the records at paragraphs (d)(2)(i) through (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 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 in lbs/MMBTUs or lbs/
hr(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)(vii) 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.

[[Page 257]]

    (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) through (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) through (F) of this section.
    (A) The methods used to determine compliance.
    (B) The results of any CEMS performance evaluations, and other 
monitoring procedures or methods that were conducted.
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods.
    (D) The type and quantity of air pollutants emitted by the source, 
reported in units of the standard.
    (E) A description of the air pollution control equipment and burners 
installed as required by this section, for each emission point.
    (F) A statement by the owner or operator as to whether the source 
has complied with the relevant standards and other requirements.
    (3) The owner or operator must develop and implement a written 
startup, shutdown, and malfunction plan for NOX and 
SO2. The plan must include, at a minimum, procedures for 
operating and maintaining the source during periods of startup, 
shutdown, and malfunction; and a program of corrective action for a 
malfunctioning process and air pollution control and monitoring 
equipment used to comply with the relevant standard. The plan must 
ensure that, at all times, the owner or operator operates and maintains 
each affected source, including associated air pollution control and 
monitoring equipment, in a manner which satisfies the general duty to 
minimize or eliminate emissions using good air pollution control 
practices. The plan must ensure that owners or operators are prepared to 
correct malfunctions as soon as practicable after their occurrence.
    (4) The written reports of the results of each performance 
evaluation and QA/QC check in accordance with and as required by 
paragraph (c)(4)(v) of this section.
    (5) Compliance reports. The owner or operator of each BART affected 
unit

[[Page 258]]

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 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 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 (e)(7)(i) through (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.

[[Page 259]]

    (x) A table summarizing the total duration of excess emissions, as 
defined at paragraphs (e)(7)(x)(A) through (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 or 720-hour rolling average period, including periods of 
startup, shutdown, and malfunction, during which the 30-day or 720-hour 
(as appropriate) rolling average emissions of either regulated pollutant 
(SO2 and NOX), as measured by a CEMS, exceeds the 
applicable emission standards in this section.
    (B)(1) For purposes of this rule, if a facility calculates a 30-day 
rolling average emission rate in accordance with this rule which exceeds 
the applicable emission standards of this rule, 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 rule 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.
    (2) For purposes of this section, if a facility calculates a 720-
hour rolling average emission rate in accordance with this rule which 
exceeds the applicable emission standards of this section, then it will 
be considered 30 days of excess emissions. If the 24th following 720-
hour rolling average emission rate is calculated and found to exceed the 
applicable emission standards of the rule 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 720-hour rolling 
average period and no additional excess emissions are calculated until 
360 hours 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 with 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 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

[[Page 260]]

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) through (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) through (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) through (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 are 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 720-hour rolling averages and example calculations 
which show the algorithms used by the CEMS to calculate 30-day rolling 
averages and 720-hour 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

[[Page 261]]

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.
    (f) Equations for establishing the upper predictive limit--(1) 
Equation for normal distribution and statistically independent data.
[GRAPHIC] [TIFF OMITTED] TR12AP16.002

Where:

x = average or mean of hourly test run data;
t[(n-1),(0.95)] = t score, the one-tailed t value 
          of the Student's t distribution for a specific degree of 
          freedom (n-1) and a confidence level (0.95; 0.99 for Tilden 
          SO2)
s\2\ = variance of the hourly data set;
n = number of values (e.g. 5,760 if 8 months of valid lbs 
          NOX/MMBTU hourly values)
m = number of values used to calculate the test average (m = 720 as per 
          averaging time)

    (i) To determine if statistically independent, use the Rank von 
Neumann Test on p. 137 of data Quality Assessment: Statistical Methods 
for Practitioners EPA QA/G-9S.
    (ii) Alternative to Rank von Neumann test to determine if data are 
dependent, data are dependent if t test value is greater than t critical 
value, where:
[GRAPHIC] [TIFF OMITTED] TR12AP16.003

[rho] = correlation between data points
t critical = t[(n-2),(0.95)] = t score, the two-
          tailed t value of the Student's t distribution for a specific 
          degree of freedom (n-2) and a confidence level (0.95)

    (iii) The Anderson-Darling normality test is used to establish 
whether the data are normally distributed. That is, a distribution is 
considered to be normally distributed when p  0.05.
    (2) Non-parametric equation for data not normally distributed and 
normally distributed but not statistically independent.

m = (n + 1) * [alpha]

m = the rank of the ordered data point, when data are sorted smallest to 
          largest. The data points are 720-hour averages for 
          establishing NOX limits.
n = number of data points (e.g., 5040 720-hourly averages for eight 
          months of valid NOX lbs/MMBTU values)
[alpha] = 0.95, to reflect the 95th percentile

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

UPL = Xm

Where:

Xm = value of the mth data point in terms of lbs SO2/hr or 
          lbs NOX/MMBTU, when the data are sorted smallest to 
          largest.

    If m is not a whole number, the limit shall be computed by linear 
interpolation according to the following equation.

UPL = xm = xmi[middot]md = xmi + 0.md (xmi+1 - xmi)

Where:

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

[78 FR 8738, Feb. 6, 2013, as amended at 81 FR 21687, Apr. 12, 2016]

[[Page 262]]



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. 52.28 are hereby incorporated and made a part of the 
applicable plan for the State of Minnesota.
    (c) [Reserved]
    (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.
    (e)(1) On and after the 30-boiler-operating-day period ending on 
September 30, 2015, the owners and operators of the facility at 13999 
Industrial Boulevard in Becker, Sherburne County, Minnesota, shall not 
cause or permit the emission of SO2 from stack SV001 (serving 
Units 1 and 2) to exceed 0.050 lbs/MMBTU as a 30-day rolling average.
    (2) On and after the 30-boiler-operating-day period ending on May 
31, 2017, the owners and operators of the facility at 13999 Industrial 
Boulevard in Becker, Sherburne County, Minnesota, shall not cause or 
permit the emission of SO2 from Unit 3 to exceed 0.29 lbs/
MMBTU as a 30-day rolling average.
    (3) The owners and operators of the facility at 13999 Industrial 
Boulevard in Becker, Sherburne County, Minnesota, shall operate 
continuous SO2 emission monitoring systems in compliance with 
40 CFR 75, and the data from this emission monitoring shall be used to 
determine compliance with the limits in this paragraph (e).
    (4) For each boiler operating day, compliance with the 30-day 
average limitations in paragraphs (e)(1) and (e)(2) of this section 
shall be determined by summing total emissions in pounds for the period 
consisting of the day and the preceding 29 successive boiler operating 
days, summing total heat input in MMBTU for the same period, and 
computing the ratio of these sums in lbs/MMBTU. Boiler operating day is 
used to mean a 24-hour period between 12 midnight and the following 
midnight during which any fuel is combusted at any time in the steam-
generating unit. It is not necessary for fuel to be combusted the entire 
24-hour period. A boiler operating day with respect to the limitation in 
paragraph (e)(1) of this section shall be a day in which fuel is 
combusted in either Unit 1 or Unit 2. Bias adjustments provided for 
under 40 CFR 75 appendix A shall be applied. Substitute data provided 
for under 40 CFR 75 subpart D shall not be used.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
78 FR 59839, Sept. 30, 2013; 81 FR 11670, Mar. 7, 2016; 82 FR 3129, Jan. 
10, 2017]



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

[[Page 263]]

submitted a maintenance plan as required by 175A of the Clean Air Act, 
as amended in 1990. Elements of the section 175A maintenance plan 
include a base year (1996 attainment year) emission inventory for CO, a 
demonstration of maintenance of the ozone NAAQS with projected emission 
inventories to the year 2009, a plan to verify continued attainment, a 
contingency plan, and an obligation to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. If the area 
records a violation of the CO NAAQS (which must be confirmed by the 
State), Minnesota will implement one or more appropriate contingency 
measure(s) which are contained in the contingency plan. The menu of 
contingency measures includes oxygenated fuel, transportation control 
measures, or a vehicle inspection and maintenance program. The 
redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(E) and 175A of the Act as amended in 
1990, respectively.
    (d) Approval--On November 10, 2004, Minnesota submitted a revision 
to the Carbon Monoxide (CO) maintenance plan for the Minneapolis-St. 
Paul area. These plans revised 1996 and 2009 motor vehicle emission 
inventories and 2009 Motor Vehicle Emissions Budgets (MVEB) recalculated 
using the emissions factor model MOBILE6. The MVEB for transportation 
conformity purposes for the Minneapolis-St. Paul maintenance area is 
1961 tons per winter day of CO.
    (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.
    (f) Approval--On July 16, 2015, the State of Minnesota submitted a 
revision to their Particulate Matter State Implementation Plan. The 
submittal establishes transportation conformity criteria and procedures 
related to interagency consultation, and the enforceability of certain 
transportation related control and mitigation measures.

[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; 80 FR 76865, Dec. 11, 2015]



Sec. 52.1238  Control strategy: Lead (Pb).

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2012 to 2014, EPA determined that the Eagan, Minnesota lead 
nonattainment area 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.
    (b) [Reserved]

[80 FR 51131, Aug. 24, 2015]



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

[[Page 264]]

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 CSAPR 
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 the SIP's deficiency that is the basis for the CSAPR 
Federal Implementation Plan under Sec. 52.38(a) for those sources and 
units, 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 CSAPR 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 CSAPR 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; 81 FR 74586, 74597, Oct. 26, 2016]



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

[[Page 265]]

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 CSAPR 
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 the SIP's deficiency that is the basis for the CSAPR 
Federal Implementation Plan under Sec. 52.39 for those sources and 
units, 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 CSAPR 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 CSAPR 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; 81 FR 74586, 74597, Oct. 26, 2016]



                          Subpart Z_Mississippi



Sec. 52.1270  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Mississippi under section 110 of the Clean Air 
Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient 
air quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraph (c) 
of this section with an EPA approval date prior to October 3, 2007, for 
Mississippi was approved for incorporation by reference by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Material is incorporated as it exists on the date of the 
approval, and notice of any change in the material will be published in 
the Federal Register. Entries in paragraphs (c) and (d) of this section 
with EPA approval dates after October 3, 2007, for Mississippi will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
Implementation Plan as of the dates referenced in paragraph (b)(1).
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, 
GA 30303, the Air and Radiation Docket and Information Center, EPA 
Headquarters Library, Infoterra Room (Room Number 3334), EPA West 
Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the 
National Archives and Records Administration. If you wish to obtain 
materials from a docket in the EPA Headquarters Library, please call the 
Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566-
1742. For information on the availability of this material at NARA, call 
202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/
ibr-locations.html.

[[Page 266]]

    (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........        2/9/2009  9/25/2015, 80 FR
                                                                         57731.
Section 3........................  Specific Criteria          2/9/2009  9/25/2015, 80 FR
                                    for Sources of                       57731.
                                    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.
Section IV.......................  Public                      8/27/05  7/10/06, 71 FR
                                    Participation and                    38773.
                                    Public
                                    Availability of
                                    Information.
Section V........................  Application Review.         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section VI.......................  Compliance Testing.         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section VII......................  Emission Evaluation         8/27/05  7/10/06, 71 FR
                                    Report.                              38773.
Section VIII.....................  Procedures for              8/27/05  7/10/06, 71 FR
                                    Renewal of State                     38773.
                                    Permit To Operate.
Section IX.......................  Reporting and               8/27/05  7/10/06, 71 FR
                                    Record Keeping.                      38773.
Section X........................  Emission Reduction          8/27/05  7/10/06, 71 FR
                                    Schedule.                            38773.
Section XI.......................  General Permits....         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XII......................  Multi-Media Permits         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XIII.....................  Exclusions.........         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XIV......................  CAFO...............         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XV.......................  Options............         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XVI......................  Permit Transfer....         8/27/05  7/10/06, 71 FR
                                                                         38773.
Section XVII.....................  Severability.......         8/27/05  7/10/06, 71 FR
                                                                         38773.
----------------------------------------------------------------------------------------------------------------
                   APC-S-3 Regulations for the Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Section 1........................  General............          2/4/72  5/31/72, 37 FR
                                                                         10875.
Section 2........................  Definitions........          2/4/72  5/31/72, 37 FR
                                                                         10875.
Section 3........................  Episode Criteria...          6/3/88  11/13/89, 54 FR
                                                                         47211.
Section 4........................  Emission Control             2/4/72  5/31/72, 37 FR
                                    Action Programs.                     10875.
Section 5........................  Emergency Orders...          6/3/88  11/13/89, 54 FR
                                                                         47211.
----------------------------------------------------------------------------------------------------------------

[[Page 267]]

 
                 APC-S-5-Regulations for Prevention of Significant Deterioration for Air Quality
----------------------------------------------------------------------------------------------------------------
All..............................  ...................      12/14/2011  3/5/2015, 80 FR      The approval does
                                                                         11893.               not include
                                                                                              incorporation by
                                                                                              reference of the
                                                                                              CO2 Biomass
                                                                                              Deferral which was
                                                                                              withdrawn by the
                                                                                              State on October
                                                                                              22, 2014. On 9-26-
                                                                                              2012, EPA approved
                                                                                              a revision to APC-
                                                                                              S-5 which
                                                                                              incorporated by
                                                                                              reference the
                                                                                              regulations found
                                                                                              at 40 CFR 52.21 as
                                                                                              of March 22, 2011.
                                                                                              This approval did
                                                                                              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)).
                                                                                              Note: On October
                                                                                              22, 2014,
                                                                                              Mississippi
                                                                                              withdrew the PM2.5
                                                                                              SILs provision
                                                                                              from Mississippi's
                                                                                              May 18, 2011 SIP
                                                                                              Submission.
----------------------------------------------------------------------------------------------------------------

[[Page 268]]

 
                                                                                             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.
----------------------------------------------------------------------------------------------------------------
                    11-MAC-Part 2-11 Regulations for Ambient Air Quality Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Rule 11.1........................  General............       9/26/2015  1/12/2016, 81 FR
                                                                         1321.
Rule 11.2........................  Definitions........       9/26/2015  1/12/2016, 81 FR
                                                                         1321.
Rule 11.3........................  Emissions Statement       9/26/2015  1/12/2016, 81 FR
                                                                         1321.
----------------------------------------------------------------------------------------------------------------


[[Page 269]]

    (d) EPA approved Mississippi source-specific requirements.

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

    (e) EPA approved Mississippi non-regulatory provisions.

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

[[Page 270]]

 
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
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.
110(a)(1) and (2) Infrastructure  Mississippi.......  7/26/2012.........  3/2/2015, 80 FR     With the exception
 Requirements for the 2008 8-                                              11133.              of sections:
 Hour Ozone National Ambient Air                                                              110(a)(2)(C) and
 Quality Standards.                                                                            (J) concerning
                                                                                               PSD permitting
                                                                                               requirements;
                                                                                              110(a)(2)(D)(i)(I)
                                                                                               and (II) (prongs
                                                                                               1 through 4)
                                                                                               concerning
                                                                                               interstate
                                                                                               transport
                                                                                               requirements;
                                                                                              110(a)(2)(E)(ii)
                                                                                               concerning state
                                                                                               board majority
                                                                                               requirements
                                                                                               respecting
                                                                                               significant
                                                                                               portion of
                                                                                               income; and
                                                                                              110(a)(2)(J)
                                                                                               concerning
                                                                                               visibility
                                                                                               requirements.
110(a)(1) and (2) Infrastructure  Mississippi.......  11/17/2011........  3/18/2015.........  Addressing the PSD
 Requirements for the 2008 Lead                                           80 FR 14023.......   permitting
 NAAQS.                                                                                        requirements of
                                                                                               sections
                                                                                               110(a)(2)(C),
                                                                                               110(a)(2)(D)(i)(I
                                                                                               I) (prong 3) and
                                                                                               110(a)(2)(J)
                                                                                               only.
110(a)(1) and (2) Infrastructure  Mississippi.......  5/29/2012 and       3/18/2015.........  Addressing the PSD
 Requirements for the 2008 Ozone                       amended on 7/26/   80 FR 14203.......   permitting
 NAAQS.                                                2012.                                   requirements of
                                                                                               sections
                                                                                               110(a)(2)(C),
                                                                                               110(a)(2)(D)(i)(I
                                                                                               I) (prong 3) and
                                                                                               110(a)(2)(J)
                                                                                               only.
110(a)(1) and (2) Infrastructure  Mississippi.......  2/28/2013.........  3/18/2015.........  Addressing the PSD
 Requirements for the 2010 NO2                                            80 FR 14023.......   permitting
 NAAQS.                                                                                        requirements of
                                                                                               sections
                                                                                               110(a)(2)(C),
                                                                                               110(a)(2)(D)(i)(I
                                                                                               I) (prong 3) and
                                                                                               110(a)(2)(J)
                                                                                               only.

[[Page 271]]

 
110(a)(1) and (2) Infrastructure  11/4/2011.........  3/30/15...........  80 FR 16568.......  With the exception
 Requirements for the 2008 Lead                                                                of provisions
 National Ambient Air Quality                                                                  pertaining to PSD
 Standards 110(a)(2)(E)(ii)                                                                    permitting
 Infrastructure Requirement for                                                                requirements in
 2008 Lead National Ambient Air                                                                sections
 Quality Standards.                                                                            110(a)(2)(C),
                                                                                               prong 3 of D(i)
                                                                                               and (J) and the
                                                                                               majority of
                                                                                               requirements
                                                                                               respecting
                                                                                               significant
                                                                                               portion of income
                                                                                               of section
                                                                                               110(a)(2)(E)(ii)
                                                                                               (related to
                                                                                               section
                                                                                               128(a)(2)).
2011 Base Year Emissions          DeSoto County       1/14/2015.........  7/02/2015, 80 FR
 Inventory for the Mississippi     portion of                              37988.
 portion of the Memphis, TN-MS-    Memphis, TN-AR-MS
 AR 2008 Ozone NAAQS               2008 8-hour Ozone
 Nonattainment Area.               Nonattainment
                                   Area.
110(a)(1) and (2) Infrastructure  Mississippi.......  7/26/2012.........  8/12/2015, 80 FR    Addressing the
 Requirements for the 2008 Ozone                                           48258.              visibility
 NAAQS.                                                                                        requirements of
                                                                                               110(a)(2)(J)
                                                                                               only.
2008 8-hour ozone Maintenance     DeSoto County       12/2/2015.........  4/8/2016, 81 FR
 Plan for the DeSoto County        portion of                              20545.
 portion of Memphis, TN-AR-MS      Memphis, TN-AR-MS
 Nonattainment Area.               Nonattainment
                                   Area.
110(a)(1) and (2) Infrastructure  Mississippi.......  2/28/2013.........  9/16/2016, 81 FR    With the exception
 Requirements for the 2010 1-                                              67307.              of sections:
 hour NO2 National Ambient Air                                                                 110(a)(2)(C) and
 Quality Standard.                                                                             (J) concerning
                                                                                               PSD permitting
                                                                                               requirements;
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ) and (II)
                                                                                               (prongs 1 through
                                                                                               4) concerning
                                                                                               interstate
                                                                                               transport
                                                                                               requirements and
                                                                                               the state board
                                                                                               majority
                                                                                               requirements
                                                                                               respecting
                                                                                               significant
                                                                                               portion of income
                                                                                               of section
                                                                                               110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure  Mississippi.......  6/20/2013.........  9/30/2016, 81 FR    With the exception
 Requirements for the 2010 1-                                              67178.              of the interstate
 hour SO2 NAAQS.                                                                               transport
                                                                                               requirements of
                                                                                               section
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ) and (II)
                                                                                               (prongs 1, 2, and
                                                                                               4) and the state
                                                                                               board majority
                                                                                               requirements
                                                                                               respecting
                                                                                               significant
                                                                                               portion of income
                                                                                               of section
                                                                                               110(a)(2)(E)(ii).

[[Page 272]]

 
110(a)(1) and (2) Infrastructure  Mississippi.......  12/11/2015........  12/12/2016, 81 FR   With the exception
 Requirements for the 2012                                                 89393.              of sections:
 Annual PM 2.5 NAAQS.                                                                          110(a)(2)(C) and
                                                                                               (J) concerning
                                                                                               PSD permitting
                                                                                               requirements;
                                                                                               110(a)(2)(D)(i)(I
                                                                                               ) and (II)
                                                                                               (prongs 1 through
                                                                                               4) concerning
                                                                                               interstate
                                                                                               transport
                                                                                               requirements and
                                                                                               the state board
                                                                                               majority
                                                                                               requirements
                                                                                               respecting
                                                                                               significant
                                                                                               portion of income
                                                                                               of section
                                                                                               110(a)(2)(E)(ii).
Good Neighbor Provisions          Mississippi.......  5/23/2016.........  12/22/2016, 81 FR
 (Section 110(a)(2)(D)(i)(I) for                                           93824.
 the 2010 1-hour NO2 NAAQS.
----------------------------------------------------------------------------------------------------------------


[62 FR 35442, July 1, 1997]

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



Sec. 52.1271  Classification of regions.

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

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


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



Sec. 52.1272  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Mississippi's plan for the attainment and maintenance of 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) Disapproval. Submittal from the State of Mississippi, through 
the Mississippi Department of Environmental Quality (MDEQ) on May 29, 
2012, and July 26, 2012, to address the Clean Air Act (CAA) section 
110(a)(2)(E)(ii) for the 2008 8-hour Ozone National Ambient Air Quality 
Standards concerning state board majority requirements respecting 
significant portion of income. EPA is disapproving MDEQ's submittal with 
respect to section 128(a)(1) because a majority of board members may 
still derive a significant portion of income from persons subject to 
permits or enforcement orders issued by the Mississippi Boards, 
therefore, its current SIP does not meet the section 128(a)(1) majority 
requirements respecting significant portion of income

[[Page 273]]

for the 2008 8-hour Ozone National Ambient Air Quality Standards.
    (c) Disapproval. With respect to the significant portion of income 
requirement of section 128(a)(1), the provisions included in the October 
11, 2012, infrastructure SIP submission did not preclude at least a 
majority of the members of the Mississippi Board from receiving a 
significant portion of their income from persons subject to permits or 
enforcement orders issued by the Mississippi Boards. Because a majority 
of board members may still derive a significant portion of income from 
persons subject to permits or enforcement orders issued by the 
Mississippi Boards, the Mississippi SIP does not meet the section 
128(a)(1) majority requirements respecting significant portion of 
income, and as such, EPA is today proposing to disapprove the State's 
110(a)(2)(E)(ii) submission as it relates only to this portion of 
section 128(a)(1).
    (d) Disapproval. Submittal from the State of Mississippi, through 
the Mississippi Department of Environmental Quality (MDEQ) on February 
28, 2013, to address the Clean Air Act section 110(a)(2)(E)(ii) for the 
2010 1-hour nitrogen dioxide (NO2) National Ambient Air 
Quality Standards (NAAQS) concerning state board majority requirements 
respecting significant portion of income of section 128(a)(1). EPA is 
disapproving MDEQ's submittal with respect to section 110(a)(2)(E)(ii) 
because a majority of board members may still derive a significant 
portion of income from persons subject to permits or enforcement orders 
issued by the Mississippi Boards, and therefore, its current SIP does 
not meet the section 128(a)(1) majority requirements respecting 
significant portion of income for the 2010 1-hour NO2 NAAQS.
    (e) Disapproval. Submittal from the State of Mississippi, through 
the Mississippi Department of Environmental Quality (MDEQ) on June 20, 
2013, to address the Clean Air Act section 110(a)(2)(E)(ii) for the 2010 
1-hour sulfur dioxide (SO2) National Ambient Air Quality 
Standards (NAAQS) concerning state board majority requirements 
respecting significant portion of income of section 128(a)(1). EPA is 
disapproving MDEQ's submittal with respect to section 110(a)(2)(E)(ii) 
because a majority of board members may still derive a significant 
portion of income from persons subject to permits or enforcement orders 
issued by the Mississippi Boards, and therefore, its current SIP does 
not meet the section 128(a)(1) majority requirements respecting 
significant portion of income for the 2010 1-hour SO2 NAAQS.

[79 FR 30051, May 27, 2014, as amended at 80 FR 11133, Mar. 2, 2015; 80 
FR 16568, Mar. 30, 2015; 81 FR 63707, Sept. 16, 2016; 81 FR 67178, Sept. 
30, 2016]



Sec. 52.1273  Control strategy: Ozone.

    (a) Determination of attainment. The EPA has determined, as of June 
3, 2016, that based on 2012 to 2014 ambient air quality data, the 
Memphis, TN-MS-AR 2008 ozone Marginal nonattainment area has attained 
the 2008 ozone NAAQS. Therefore, the 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. The EPA also determined that the Memphis, TN-MS-AR 
nonattainment area will not be reclassified for failure to attain by its 
applicable attainment date under section 181(b)(2)(A).
    (b) [Reserved]

[81 FR 26709, May 4, 2016]



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]

[[Page 274]]



Sec. 52.1276  [Reserved]



Sec. 52.1277  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met, 
since the legal authority to provide public availability of emission 
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information 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) Disapproval. EPA has disapproved the portions of Mississippi's 
May 29, 2012, 2008 8-hour Ozone infrastructure SIP submission; July 26, 
2012, 2008 8-hour Ozone infrastructure SIP resubmission; February 28, 
2013, 2010, 1-hour NO2 infrastructure SIP submission;

[[Page 275]]

June 20, 2013, 2010 1-hour SO2 infrastructure SIP submission; 
and December 8, 2015, 2012, Annual PM2.5 infrastructure SIP 
submission that address the visibility protection (prong 4) requirements 
of Clean Air Act section 110(a)(2)(D)(i)(II). EPA disapproved the prong 
4 portions of these SIP submissions because Mississippi does not have a 
fully approved regional haze SIP that meets the requirements of 40 CFR 
51.308 and because these SIP submissions do not otherwise demonstrate 
that emissions within the State do not interfere with other states' 
plans to protect visibility.

[77 FR 33657, June 7, 2012, as amended at 81 FR 33140, May 25, 2016]



Sec. 52.1280  Significant deterioration of air quality.

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

[77 FR 23398, Apr. 19, 2012]



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 CSAPR 
NOX Ozone Season Group 1 Trading Program in subpart BBBBB of 
part 97 of this chapter must comply with such requirements with regard 
to emissions occurring in 2015 and 2016.
    (b) 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 CSAPR 
NOX Ozone Season Group 2 Trading Program in subpart EEEEE of 
part 97 of this chapter must comply with such requirements with regard 
to emissions occurring in 2017 and each subsequent year. 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 the SIP's deficiency that is the basis for the CSAPR 
Federal Implementation Plan (FIP) under Sec. 52.38(b) for those sources 
and units, except to the extent the Administrator's approval is partial 
or conditional, provided that because the CSAPR FIP was promulgated as a 
partial rather than full remedy for an obligation of the State to 
address interstate air pollution, the SIP revision likewise will 
constitute a partial rather than full remedy for the State's obligation 
unless provided otherwise in the Administrator's approval of the SIP 
revision. 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.
    (c) Notwithstanding the provisions of paragraph (b) of this section, 
if, at the time of the approval of Mississippi's SIP revision described 
in paragraph (b) of this section, the Administrator has

[[Page 276]]

already started recording any allocations of CSAPR NOX Ozone 
Season Group 2 allowances under subpart EEEEE of part 97 of this chapter 
to units in the State for a control period in any year, the provisions 
of subpart EEEEE of part 97 of this chapter authorizing the 
Administrator to complete the allocation and recordation of CSAPR 
NOX Ozone Season 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.

[81 FR 74597, Oct. 26, 2016]



                           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 December 
31, 2014, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section with 
EPA approval dates after December 31, 2014, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 7 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the SIP as of 
December 31, 2014.
    (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; 
and the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-
locations.html.
    (c) EPA-approved regulations.

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
       Missouri citation                Title        effective date     EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
                                    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   Only sections (1)
                                  and Meeting                                                  and (2) are
                                  Procedures.                                                  Federally
                                                                                               approved.
----------------------------------------------------------------------------------------------------------------
  Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-2.090.......................  Incinerators......       2/25/1970  3/18/1980, 45 FR 17145   The state has
                                                                                               rescinded this
                                                                                               rule.
10-2.205.......................  Control of               3/30/2001  4/24/2002, 67 FR 20036
                                  Emissions from
                                  Aerospace
                                  Manufacture and
                                  Rework Facilities.
10-2.210.......................  Control of               2/29/2008  6/20/2008, 73 FR 35074
                                  Emissions From
                                  Solvent Metal
                                  Cleaning.
10-2.215.......................  Control of               5/30/2001  4/24/2002, 67 FR 20036
                                  Emissions from
                                  Solvent Cleanup
                                  Operations.
10-2.220.......................  Liquefied Cutback         6/3/1991  6/23/1992, 57 FR 27939
                                  Asphalt Paving
                                  Restricted.
10-2.230.......................  Control of              11/20/1991  4/3/1995, 60 FR 16806
                                  Emissions from                      (correction). 8/24/
                                  Industrial                          1994, 59 FR 43480
                                  Surface Coating
                                  Operations.

[[Page 277]]

 
10-2.260.......................  Control of               4/30/2004  2/2/2005, 70 FR 5379
                                  Petroleum Liquid
                                  Storage, Loading,
                                  and Transfer.
10-2.290.......................  Control of               3/30/1992  9/6/1994, 59 FR 43376    The state rule has
                                  Emissions From                      (correction).            Sections (6)(A)
                                  Rotogravure and                    8/30/1993, 58 FR 45451    and (6)(B), which
                                  Flexographic                                                 EPA has not
                                  Printing                                                     approved.
                                  Facilities.
10-2.300.......................  Control of              11/20/1991  3/26/2003, 68 FR 14539
                                  Emissions from
                                  the Manufacturing
                                  of Paints,
                                  Varnishes,
                                  Lacquers, Enamels
                                  and Other Allied
                                  Surface Coating
                                  Products.
10-2.310.......................  Control of              11/20/1991  4/3/1995, 60 FR 16806
                                  Emissions from                      (correction).
                                  the Application                    8/24/1994, 59 FR 43480
                                  of Automotive
                                  Underbody
                                  Deadeners.
10-2.320.......................  Control of              11/20/1991  4/3/1995, 60 FR 16806
                                  Emissions from                      (correction).
                                  Production of                      8/24/1994, 59 FR 43480
                                  Pesticides and
                                  Herbicides.
10-2.330.......................  Control of               7/30/2013  9/4/2014, 79 FR 52564
                                  Gasoline Reid
                                  Vapor Pressure.
10-2.340.......................  Control of               9/30/2003  10/30/2003, 68 FR 61758
                                  Emissions from
                                  Lithographic
                                  Printing
                                  Facilities.
10-2.360.......................  Control of              11/30/1995  7/20/1998, 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         7/27/2007  10/18/2007, 72 FR 59014
                                  Transportation
                                  Conformity
                                  Requirements.
----------------------------------------------------------------------------------------------------------------
                   Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
----------------------------------------------------------------------------------------------------------------
10-3.040.......................  Incinerators......        2/1/1978  3/18/1980, 45 FR 17145
----------------------------------------------------------------------------------------------------------------
    Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
----------------------------------------------------------------------------------------------------------------
10-4.080.......................  Incinerators......      12/16/1969  3/18/1980, 45 FR 17145   The state has
                                                                                               rescinded this
                                                                                               rule.
----------------------------------------------------------------------------------------------------------------
   Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-5.040.......................  Use of Fuel in           9/18/1970  3/18/1980, 45 FR 17145
                                  Hand-Fired
                                  Equipment
                                  Prohibited.
10-5.060.......................  Refuse Not To Be         9/18/1970  3/18/1980, 45 FR 17145   The state has
                                  Burned in Fuel                                               rescinded this
                                  Burning                                                      rule.
                                  Installations.
10-5.080.......................  Incinerators......       9/18/1970  3/18/1980, 45 FR 17145   The state has
                                                                                               rescinded this
                                                                                               rule.
10-5.120.......................  Information on           9/18/1970  3/18/1980, 45 FR 17145
                                  Sales of Fuels to
                                  be Provided and
                                  Maintained.
10-5.130.......................  Certain Coals to         5/30/2012  8/19/2014, 79 FR 48998
                                  be Washed.
10-5.220.......................  Control of              11/30/2014  11/10/2015, 80 FR 69604
                                  Petroleum Liquid
                                  Storage, Loading
                                  and Transfer.
10-5.240.......................  Additional Air           9/18/1970  3/18/1980, 45 FR 17145
                                  Quality Control
                                  Measures May Be
                                  Required When
                                  Sources Are
                                  Clustered in a
                                  Small Land Area.
10-5.295.......................  Control of               2/29/2000  5/18/2000, 65 FR 31489
                                  Emissions From
                                  Aerospace
                                  Manufacturing and
                                  Rework Facilities.
10-5.300.......................  Control of              11/30/2006  3/9/2007, 72 FR 10610
                                  Emissions from
                                  Solvent Metal
                                  Cleaning.
10-5.310.......................  Liquefied Cutback         3/1/1989  3/5/1990, 55 FR 7712
                                  Asphalt
                                  Restricted.
10-5.330.......................  Control of               8/30/2011  1/23/2012, 77 FR 3144
                                  Emissions from
                                  Industrial
                                  Surface Coating
                                  Operations.
10-5.340.......................  Control of               8/30/2011  1/23/2012, 77 FR 3144    The state rule has
                                  Emissions From                                               Section
                                  Rotogravure and                                              (6)(A)(B), which
                                  Flexographic                                                 the EPA has not
                                  Printing                                                     approved.
                                  Facilities.

[[Page 278]]

 
10-5.350.......................  Control of              11/20/1991  4/3/1995, 60 FR 16806
                                  Emissions From                      (correction).
                                  Manufacture of                     8/24/1994, 59 FR 43480
                                  Synthesized
                                  Pharmaceutical
                                  Products.
10-5.360.......................  Control of              11/20/1991  4/3/1995, 60 FR 16806
                                  Emissions from                      (correction).
                                  Polyethylene Bag                   8/24/1994, 59 FR 43480
                                  Sealing
                                  Operations.
10-5.370.......................  Control of              11/20/1991  4/3/1995, 60 FR 16806
                                  Emissions from                      (correction).
                                  the Application                    8/24/1994, 59 FR 43480
                                  of Deadeners and
                                  Adhesives.
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               8/30/2000  8/14/2001, 66 FR 42605
                                  Emissions from
                                  Manufacture of
                                  Paints,
                                  Varnishes,
                                  Lacquers, Enamels
                                  and Other Allied
                                  Surface Coating
                                  Products.
10-5.410.......................  Control of              11/20/1991  4/3/1995, 60 FR 16806
                                  Emissions From                      (correction).
                                  Manufacture of                     8/24/1994, 59 FR 43480
                                  Polystyrene Resin.
10-5.420.......................  Control of               3/11/1989  3/5/1990, 55 FR 7712
                                  Equipment Leaks
                                  from Synthetic
                                  Organic Chemical
                                  and Polymer
                                  Manufacturing
                                  Plants.
10-5.440.......................  Control of              12/30/1996  2/17/2000, 65 FR 8060
                                  Emissions from
                                  Bakery Ovens.
10-5.442.......................  Control of               8/30/2011  1/23/2012, 77 FR 3144
                                  Emissions from
                                  Offset
                                  Lithographic
                                  Printing
                                  Operations.
10-5.450.......................  Control of VOC           5/28/1995  2/17/2000, 65 FR 8060
                                  Emissions from
                                  Traffic Coatings.
10-5.451.......................  Control of               9/30/2000  7/20/2001, 66 FR 37906
                                  Emissions from
                                  Aluminum Foil
                                  Rolling.
10-5.455.......................  Control of               8/30/2011  1/6/2014, 79 FR 580
                                  Emissions from
                                  Solvent Cleaning
                                  Operations.
10-5.480.......................  St. Louis Area           2/28/2011  8/29/2013, 78 FR 53247
                                  Transportation
                                  Conformity
                                  Requirements.
10-5.490.......................  Municipal Solid          5/30/2012  4/15/2014, 79 FR 21137
                                  Waste Landfills.
10-5.500.......................  Control of               2/29/2000  5/18/2000, 65 FR 31489
                                  Emissions From
                                  Volatile Organic
                                  Liquid Storage.
10-5.510.......................  Control of               5/30/2006  11/6/2006, 71 FR 64888
                                  Emissions of
                                  Nitrogen Oxides.
10-5.520.......................  Control of               2/29/2000  5/18/2000, 65 FR 31489
                                  Volatile Organic
                                  Compound
                                  Emissions From
                                  Existing Major
                                  Sources.
10-5.530.......................  Control of               2/29/2000  5/18/2000, 65 FR 31489
                                  Volatile Organic
                                  Compound
                                  Emissions From
                                  Wood Furniture
                                  Manufacturing
                                  Operations.
10-5.540.......................  Control of               2/29/2000  5/18/2000, 65 FR 31489
                                  Emissions From
                                  Batch Process
                                  Operations.
10-5.550.......................  Control of               2/29/2000  5/18/2000, 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        9/30/2009  1/25/2013, 78 FR 5303
                                  Emissions From
                                  Stationary
                                  Boilers.
----------------------------------------------------------------------------------------------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10-6.010.......................  Ambient Air              5/30/2010  9/20/2012, 77 FR 58309
                                  Quality Standards.
10-6.020.......................  Definitions and          2/28/2013  4/2/2013, 79 FR 14613
                                  Common Reference
                                  Tables.
10-6.030.......................  Sampling Methods         2/28/2006  12/5/2006, 71 FR 70468
                                  for Air Pollution
                                  Sources.
10-6.040.......................  Reference Methods.       5/30/2010  9/20/2012, 77 FR 58309
10-6.045.......................  Open Burning             9/30/2009  3/28/2017, 82 FR 15299
                                  Requirements.

[[Page 279]]

 
10-6.050.......................  Start-up,                7/30/2010  3/5/2014, 79 FR 12394
                                  Shutdown, and
                                  Malfunction
                                  Conditions.
10-6.060.......................  Construction             3/30/2016  10/11/2016, 81 FR 70025  --Provisions of
                                  Permits Required.                                            the 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.
                                                                                              --The phrase
                                                                                               ``including the
                                                                                               revision
                                                                                               published at 75
                                                                                               FR 31606-07
                                                                                               (effective August
                                                                                               2, 2010)'' in
                                                                                               subsection (8)(A)
                                                                                               is not SIP
                                                                                               approved.
10-6.061.......................  Construction             7/30/2006  12/4/2006, 71 FR 70315   Section (3)(A)2.D.
                                  Permits                                                      is not included
                                  Exemptions.                                                  in the SIP.
10-6.062.......................  Construction             5/30/2007  9/26/2007, 72 FR 54562   Section (3)(B)4.
                                  Permits By Rule.                                             is not included
                                                                                               in the SIP.
10-6.065.......................  Operating Permits.       3/30/2016  10/11/2016, 81 FR 70025  Section (4) Basic
                                                                                               State Operating
                                                                                               Permits, has not
                                                                                               been approved as
                                                                                               part of the SIP.
                                                                                               Subparagraphs
                                                                                               (2)(A)2.A.,
                                                                                               (2)(A)2.B., and
                                                                                               the words
                                                                                               ``except that''
                                                                                               in paragraph
                                                                                               (2)(A)2 have not
                                                                                               been approved as
                                                                                               part of the SIP.
10-6.110.......................  Reporting Emission      11/20/2014  1/15/2016, 81 FR 2091    Section (3)(A),
                                  Data, Emission                                               Emissions Fees,
                                  Fees, and Process                                            has been updated
                                  Information.                                                 from $40 to $48
                                                                                               per ton of air
                                                                                               pollution emitted
                                                                                               annually,
                                                                                               effective January
                                                                                               1, 2016.

[[Page 280]]

 
10-6.120.......................  Restriction of           3/30/2009  8/28/2015, 80 FR 52194   Paragraph (3)(B)1
                                  Emissions of Lead                                            and Table,
                                  from Specific                                                Provision
                                  Lead Smelter-                                                Pertaining to
                                  Refinery                                                     Limitations of
                                  Installations.                                               Lead Emissions
                                                                                               from Specific
                                                                                               Installations,
                                                                                               have not been
                                                                                               approved as a
                                                                                               part of the SIP.
                                                                                              The requirement to
                                                                                               limit main stack
                                                                                               lead emissions at
                                                                                               BRRF to 0.00087
                                                                                               gr/dscf lead in
                                                                                               Paragraph (3)(B)2
                                                                                               has not been
                                                                                               approved as a
                                                                                               part of the SIP.
10-6.130.......................  Controlling             12/30/2013  8/18/2015, 80 FR 49916
                                  Emissions During
                                  Episodes of High
                                  Air Pollution
                                  Potential.
10-6.140.......................  Restriction of            5/1/1986  3/31/1989, 54 FR 13184
                                  Emissions Credit
                                  for Reduced
                                  Pollutant
                                  Concentrations
                                  from the Use of
                                  Dispersion
                                  Techniques.
10-6.150.......................  Circumvention.....       8/15/1990  4/17/1991, 56 FR 15500
10-6.170.......................  Restriction of           8/30/1998  3/31/2000, 65 FR 17164
                                  Particulate
                                  Matter to the
                                  Ambient Air
                                  Beyond the
                                  Premises of
                                  Origin.
10-6.180.......................  Measurement of          11/19/1990  7/23/1991, 56 FR 33714
                                  Emissions of Air
                                  Contaminants.
10-6.210.......................  Confidential             1/27/1995  2/29/1996, 61 FR 7714
                                  Information.
10-6.220.......................  Restriction of           9/30/2008  12/9/2009, 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           9/30/2012  11/22/2013, 78 FR 69995  Section (3)(A)(1-
                                  Emission of                                                  4) approved
                                  Sulfur Compounds.                                            pursuant to 111d
                                                                                               only.
10-6.280.......................  Compliance               3/30/2002  8/27/2002, 67 FR 54961
                                  Monitoring Usage.
10-6.300.......................  Conformity of            8/30/2011  9/18/2013, 78 FR 57267
                                  General Federal
                                  Actions to State
                                  Implementation
                                  Plans.
10-6.330.......................  Restriction of           6/30/1998  12/8/1998, 63 FR 67591
                                  Emissions from
                                  Batch-type
                                  Charcoal Kilns.
10-6.350.......................  Emissions                5/30/2007  4/2/2008, 73 FR 17890
                                  Limitations and
                                  Emissions Trading
                                  of Oxides of
                                  Nitrogen.
10-6.360.......................  Control of NOX           5/30/2007  4/2/2008, 73 FR 17890
                                  Emissions From
                                  Electric
                                  Generating Units
                                  and Non-Electric
                                  Generating
                                  Boilers.
10-6.362.......................  Clean Air                5/18/2007  12/14/2007, 72 FR 71073
                                  Interstate Rule
                                  Annual NOX
                                  Trading Program.
10-6.364.......................  Clean Air                5/18/2007  12/14/2007, 72 FR 71073
                                  Interstate Rule
                                  Seasonal NOX
                                  Trading Program.
10-6.366.......................  Clean Air                5/18/2007  12/14/2007, 72 FR 71073
                                  Interstate Rule
                                  SO2 Trading
                                  Program.
10-6.372.......................  Cross-State Air         12/30/2015  6/28/2016, 81 FR 41845
                                  Pollution Rule
                                  Annual NOX
                                  Trading Allowance
                                  Allocations.
10-6.376.......................  Cross-State Air         12/30/2015  6/28/2016, 81 FR 41845
                                  Pollution Rule
                                  Annual SO2
                                  Trading Allowance
                                  Allocations.
10-6.380.......................  Control of NOX          10/30/2005  8/15/2006, 71 FR 46860
                                  Emissions From
                                  Portland Cement
                                  Kilns.
10-6.390.......................  Control of NOX          10/30/2013  9/16/2015, 80 FR 55547
                                  Emissions from
                                  Large Stationary
                                  Internal
                                  Combustion
                                  Engines.
10-6.400.......................  Restriction of           2/28/2011  2/20/2013, 78 FR 11758
                                  Emission of
                                  Particulate
                                  Matter From
                                  Industrial
                                  Processes.
10-6.405.......................  Restriction of          10/30/2011  9/13/2012, 77 FR 56555
                                  Particulate
                                  Matter Emissions
                                  From Fuel Burning
                                  Equipment Used
                                  for Indirect
                                  Heating.
10-6.410.......................  Emissions Banking        9/30/2012  11/22/2013, 78 FR 69995
                                  and Trading.
----------------------------------------------------------------------------------------------------------------

[[Page 281]]

 
                                      Missouri Department of Public Safety
----------------------------------------------------------------------------------------------------------------
                                        Division 50--State Highway Patrol
----------------------------------------------------------------------------------------------------------------
                                       Chapter 2--Motor Vehicle Inspection
----------------------------------------------------------------------------------------------------------------
50-2.010.......................  Definitions.......       4/11/1982  8/12/1985, 50 FR 32411
50-2.020.......................  Minimum Inspection      10/11/1982  8/12/1985, 50 FR 32411
                                  Station
                                  Requirements.
50-2.030.......................  Inspection Station      12/11/1977  8/12/1985, 50 FR 32411
                                  Classification.
50-2.040.......................  Private Inspection       5/31/1974  8/12/1985, 50 FR 32411
                                  Stations.
50-2.050.......................  Inspection Station      11/11/1979  8/12/1985, 50 FR 32411
                                  Permits.
50-2.060.......................  Display of              11/31/1974  8/12/1985, 50 FR 32411
                                  Permits, Signs
                                  and Poster.
50-2.070.......................  Hours of Operation      11/11/1983  8/12/1985, 50 FR 32411
50-2.080.......................  Licensing of             4/13/1978  8/12/1985, 50 FR 32411
                                  Inspector/
                                  Mechanics.
50-2.090.......................  Inspection Station       8/11/1978  8/12/1985, 50 FR 32411
                                  Operational
                                  Requirements.
50-2.100.......................  Requisition of           6/12/1980  8/12/1985, 50 FR 32411
                                  Inspection
                                  Stickers and
                                  Decals.
50-2.110.......................  Issuance of             12/11/1977  8/12/1985, 50 FR 32411
                                  Inspection
                                  Stickers and
                                  Decals.
50-2.120.......................  MVI-2 Form........      11/11/1983  8/12/1985, 50 FR 32411
50-2.130.......................  Violations of Laws       5/31/1974  8/12/1985, 50 FR 32411
                                  or Rules Penalty.
50-2.260.......................  Exhaust System....       5/31/1974  8/12/1985, 50 FR 32411
50-2.280.......................  Air Pollution           12/11/1980  8/12/1985, 50 FR 32411
                                  Control Devices.
50-2.290.......................  Fuel Tank.........        5/3/1974  8/12/1985, 50 FR 32411
50-2.350.......................  Applicability of          5/1/1984  8/12/1985, 50 FR 32411
                                  Motor Vehicle
                                  Emission
                                  Inspection.
50-2.360.......................  Emission Fee......       11/1/1983  8/12/1985, 50 FR 32411
50-2.370.......................  Inspection Station      12/21/1990  10/13/1992, 57 FR 46778
                                  Licensing.
50-2.380.......................  Inspector/Mechanic       11/1/1983  8/12/1985, 50 FR 32411
                                  Licensing.
50-2.390.......................  Safety/Emission          11/1/1983  8/12/1985, 50 FR 32411
                                  Stickers.
50-2.401.......................  General                 12/21/1990  10/13/1992, 57 FR 46778
                                  Specifications.
50-2.402.......................  MAS Software            12/21/1990  10/13/1992, 57 FR 46778  The SIP does not
                                  Functions.                                                   include Section
                                                                                               (6), Safety
                                                                                               Inspection.
50-2.403.......................  Missouri Analyzer       12/21/1990  10/13/1992, 57 FR 46778  The SIP does not
                                  System (MAS)                                                 include Section
                                  Display and                                                  (3)(B)4, Safety
                                  Program                                                      Inspection
                                  Requirements.                                                Sequences or
                                                                                               (3)(M)5(II),
                                                                                               Safety Inspection
                                                                                               Summary.
50-2.404.......................  Test Record             12/21/1990  10/13/1992, 57 FR 46778  The SIP does not
                                  Specifications.                                              include Section
                                                                                               (5), Safety
                                                                                               Inspection
                                                                                               Results.
50-2.405.......................  Vehicle Inspection      12/21/1990  10/13/1992, 57 FR 46778
                                  Certificate,
                                  Vehicle
                                  Inspection
                                  Report, and
                                  Printer Function
                                  Specifications.
50-2.406.......................  Technical               12/21/1990  10/13/1992, 57 FR 46778
                                  Specifications
                                  for the MAS.
50-2.407.......................  Documentation,          12/21/1990  10/13/1992, 57 FR 46778
                                  Logistics and
                                  Warranty
                                  Requirements.
50-2.410.......................  Vehicles Failing        12/21/1990  10/13/1992, 57 FR 46778
                                  Reinspection.
50-2.420.......................  Procedures for          12/21/1990  10/13/1992, 57 FR 46778
                                  Conducting Only
                                  Emission Tests.
----------------------------------------------------------------------------------------------------------------
                                       Kansas City Chapter 8--Air Quality
----------------------------------------------------------------------------------------------------------------
8-2............................  Definitions.......      12/10/1998  12/22/1999, 64 FR 71663
8-4............................  Open burning......      10/31/1996  4/22/1998, 65 FR 19823
8-5............................  Emission of             12/10/1998  12/22/1999, 64 FR 71663  Only subsections 8-
                                  particulate                                                  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 6--Air Pollution Control Standards
----------------------------------------------------------------------------------------------------------------
Article I......................  Definitions.......       12/4/2008  10/21/2010, 75 FR 64953  Only Section 6-2
                                                                                               is approved by
                                                                                               EPA.

[[Page 282]]

 
Article II.....................  Administrative and       12/4/2008  10/21/2010, 75 FR 64953  Only Sections 6-
                                  Enforcement.                                                 151, 155, 156,
                                                                                               and 171 are
                                                                                               approved by EPA.
Article V......................  Incinerators......       12/4/2008  10/21/2010, 75 FR 64953  Only Sections 6-
                                                                                               311 through 314
                                                                                               are approved by
                                                                                               EPA.
----------------------------------------------------------------------------------------------------------------
                                         St. Louis City Ordinance 68657
----------------------------------------------------------------------------------------------------------------
Section 6......................  Definitions.......       8/28/2003  12/9/2003, 68 FR 68521   The phrase other
                                                                                               than liquids or
                                                                                               gases in the
                                                                                               Refuse definition
                                                                                               has not been
                                                                                               approved.
Section 15.....................  Open Burning             8/28/2003  12/9/2003, 68 FR 68521   ..................
                                  Restrictions.
----------------------------------------------------------------------------------------------------------------

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

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                            State
         Name of source           Order/Permit number  effective date    EPA Approval date        Explanation
----------------------------------------------------------------------------------------------------------------
(1) ASARCO Inc. Lead Smelter,     Order..............       8/13/1980  4/27/1981, 46 FR
 Glover, MO.                                                            23412
(2) St. Joe Lead (Doe Run)        Order..............       3/21/1984  6/11/1984, 49 FR
 Company Lead Smelter,                                                  24022
 Herculaneum, MO.
(3) AMAX Lead (Doe Run) Company   Order..............       9/27/1984  1/7/1985, 50 FR 768
 Lead Smelter, Boss, MO.
(4) Gusdorf Operating Permit      Permit Nos: 04682-      * 4/29/1980  10/15/1984, 49 FR
 11440 Lackland Road, St. Louis    04693.                               40164
 County, MO.
(5) Doe Run Lead Smelter,         Consent Order......        3/9/1990  3/6/1992, 57 FR 8076
 Herculaneum, MO.
(6) Doe Run Lead Smelter,         Consent Order......       8/17/1990  3/6/1992, 57 FR 8076
 Herculaneum, MO.
(7) Doe Run Lead Smelter,         Consent Order......        7/2/1993  5/5/1995, 60 FR 22274
 Herculaneum, MO.
(8) Doe Run Lead Smelter,         Consent Order             4/28/1994  5/5/1995, 60 FR 22274
 Herculaneum, MO.                  (Modification).
(9) Doe Run Lead Smelter,         Consent Order            11/23/1994  5/5/1995, 60 FR 22274
 Herculaneum, MO.                  (Modification).
(10) Doe Run Buick Lead Smelter,  Consent Order......        7/2/1993  8/4/1995, 60 FR 39851
 Boss, MO.
(11) Doe Run Buick Lead Smelter,  Consent Order             9/29/1994  8/4/1995, 60 FR 39851
 Iron County, MO.                  (Modification).
(12) ASARCO Glover Lead Smelter,  Consent Decree            7/30/1996  3/5/1997, 62 FR 9970
 Glover, MO.                       CV596-98CC with
                                   exhibits A-G.
(13) Eagle-Picher Technologies,   Consent Agreement..       8/26/1999  4/24/2000, 65 FR
 Joplin, MO.                                                            21649
(14) Doe Run Resource Recycling   Consent Order......       5/11/2000  10/18/2000, 65 FR
 Facility near Buick, MO.                                               62295
(15) St. Louis University.......  Medical Waste             9/22/1992  4/22/1998, 63 FR
                                   Incinerator.                         19823
(16) St. Louis University.......  Permit Matter No.         1/31/2000  10/26/2000, 65 FR
                                   00-01-004.                           64156
(17) St. Joseph Light & Power     Consent Decree.....       5/21/2001  11/15/2001, 66 FR
 SO2.                                                                   57389
(18) Asarco, Glover, MO.........  Modification of           7/31/2000  4/16/2002, 67 FR
                                   Consent Decree,                      18497
                                   CV596-98CC.
(19) Doe Run, Herculaneum, MO...  Consent Judgment,          1/5/2001  4/16/2002, 67 FR
                                   CV301-0052C-J1,                      18497
                                   with Work Practice
                                   Manual and S.O.P.
                                   for Control of
                                   Lead Emissions
                                   (Rev 2000).

[[Page 283]]

 
(20) Springfield City Utilities   Consent Agreement..       12/6/2001  3/25/2002, 67 FR
 James River Power Station SO2.                                         13570
(21) St. Louis University.......  Permit Matter No.         8/28/2003  12/9/2003, 68 FR
                                   00-01-004.                           68521
(22) Doe Run Lead Smelter,        Settlement               10/31/2003  10/29/2004, 69 FR
 Glover, MO.                       Agreement.                           63072
(23) Grossman Iron and Steel      Permit No.                7/19/2006  12/4/2006, 71 FR
 Company.                          SR00.045A.                           70312
(24) Doe Run Herculaneum, MO....  Consent Judgment         12/20/2005  5/4/2007, 72 FR 25203
                                   Modification,
                                   CV301-0052CCJ1.
(25) Doe Run Herculaneum, MO....  Consent Judgment          5/21/2007  2/17/2012, 77 FR 9529  This approval does
                                   Modification, 07JE-      7/29/2009                          not include any
                                   CC00552.              modification                          subsequent
                                                                                               modifications
                                                                                               after 2009.
(26) Holcim.....................  ...................       4/19/2009  6/26/2012 77 FR 38007  Sec. 52.1339(c);
                                                                                               Limited Approval.
(27) Doe Run Herculaneum, MO....  Consent Judgment         10/19/2011  10/20/2014, 79 FR      Modification to
                                   Modification 07JE-                   62574                  section 2.B.1. of
                                   CC00552.                                                    the 2007 Consent
                                                                                               Judgment.
(28) Doe Run Herculaneum, MO....  Consent Judgment          6/19/2013  10/20/2014, 79 FR
                                   13JE-CC00557.                        62574
(29) Doe Run Buick Resource       Consent Judgment          7/29/2013  8/28/2015, 80 FR
 Recycling Facility.               13IR-CC00016.                        52194
(30) Americold Logistics, LLC 24- Consent Judgment          4/27/2014  1/28/2016, 80 FR 4888
 Hour Particulate Matter (PM10)    14AP-CC00036.
 National Ambient Air Quality
 (NAAQS) Consent Judgment.
(31) Exide Technologies Canon     Consent Judgment         10/10/2014  9/26/2016, 81 FR
 Hollow, MO.                       14H0-CC00064.                        65898
----------------------------------------------------------------------------------------------------------------
* St Louis County.

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

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP        geographic or         State          EPA approval date        Explanation
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
(1) Kansas City and Outstate     Kansas City and          1/24/1972  5/31/1972, 37 FR 10875
 Air Quality Control Regions      Outstate.
 Plan.
(2) Implementation Plan for the  St. Louis.........       1/24/1972  5/31/1972, 37 FR 10875
 Missouri portion of the St.
 Louis Interstate Air Quality
 Control Region.
(3) Effects of adopting          St. Louis.........       3/27/1972  5/31/1972, 37 FR 10875
 Appendix B to NO2 emissions.
(4) CO air quality data base...  St. Louis.........        5/2/1972  5/31/1972, 37 FR 10875
(5) Budget and manpower          Statewide.........       2/28/1972  10/28/1972, 37 FR 23089
 projections.
(6) Emergency episode manual...  Kansas City.......       5/11/1972  10/28/1972, 37 FR 23089
(7) Amendments to Air            Statewide.........       7/12/1972  10/28/1972, 37 FR 23089
 Conservation Law.
(8) Air monitoring plan........  Outstate..........       7/12/1972  10/28/1972, 37 FR 23089
(9) Amendments to Air            Statewide.........        8/8/1972  10/28/1972, 37 FR 23089
 Conservation Law.
(10) Transportation control      Kansas City.......       5/11/1973  6/22/1973, 38 FR 16550
 strategy.                                                5/21/1973
(11) Analysis of ambient air     Kansas City.......       4/11/1974  3/2/1976, 41 FR 8956      [FRL 484-4].
 quality data and
 recommendation to not
 designate the area as an air
 quality maintenance area.

[[Page 284]]

 
(12) Recommendation to           St. Louis,                5/6/1974  9/9/1975, 40 FR 41942     [FRL 418-5].
 designate air quality            Columbia,
 maintenance areas.               Springfield.
(13) Plan to attain the NAAQS..  Kansas City, St.          7/2/1979  4/9/1980, 45 FR 24140     [FRL 1456-1].
                                  Louis.                                                       Correction notice
                                                                                                published 7/11/
                                                                                                1980.
(14) Schedule for I/M program    St. Louis.........        9/9/1980  3/16/1981, 46 FR 16895    [A-7-FRL-1778-3].
 and commitment regarding
 difficult transportation
 control measures (TCMs).
(15) Lead SIP..................  Statewide.........       9/2/1980,  4/27/1981, 46 FR 23412,   [A7 FRL 1802-8],
                                                         2/11/1981,  7/19/1984, 49 FR 29218     [MO 1515; OAR-
                                                          2/13/1981                             FRL-2633-8].
                                                                                               Correction notice
                                                                                                published 5/15/
                                                                                                1981.
(16) Report on recommended I/M   St. Louis.........      12/16/1980  8/27/1981, 46 FR 43139    [A7-FRL 1909-8].
 program.
(17) Report outlining            St. Louis.........      2/12/1981,  11/10/1981, 46 FR 55518   [A7-FRL 1958-3].
 commitments to TCMs, analysis                            4/28/1981
 of TCMs, and results of CO
 dispersion modeling.
(18) 1982 CO and ozone SIP.....  St. Louis.........     12/23/1982,  10/15/1984, 49 FR 40164   [EPA Action MO
                                                          8/24/1983                             999; A-7-FRL-
                                                                                                2691-8].
(19) Air quality monitoring      Statewide.........        6/6/1984  9/27/1984, 49 FR 38103    [EPA Action MO
 plan.                                                                                          1586; A-7-FRL-
                                                                                                2682-5].
(20) Vehicle I/M program.......  St. Louis.........       8/27/1984  8/12/1985, 50 FR 32411    [MO-1619; A-7-FRL-
                                                                                                2880-9].
(21) Visibility protection plan  Hercules Glades           5/3/1985  2/10/1986, 51 FR 4916     [A-7-FRL-2967-5;
                                  and Mingo                                                     MO 1809].
                                  Wildlife Area..
(22) Plan for attaining the      St. Louis.........        8/1/1985  9/3/1986, 51 FR 31328     [A-7-FRL-3073-3].
 ozone standard by December 31,
 1987.
(23) PM10 plan.................  Statewide.........      3/29/1988,  7/31/1989, 54 FR 31524    [FRL-3621-8].
                                                          6/15/1988
(24) Construction permit fees    Statewide.........      1/24/1989,  1/9/1990, 55 FR 735       [FRL-3703-4].
 including Chapter 643 RSMo.                              9/27/1989
(25) PSD NOx requirements        Statewide.........        7/9/1990  3/5/1991, 56 FR 9172      [FRL-3908-6].
 including a letter from the
 state pertaining to the rules
 and analysis.
(26) Lead plan.................  Herculaneum.......       9/6/1990,  3/6/1992, 57 FR 8076      [MO6-1-5333; FRL-
                                                           5/8/1991                             4102-7].
(27) Ozone maintenance plan....  Kansas City.......       10/9/1991  6/23/1992, 57 FR 27939    [Moll-1-5440; FRL-
                                                                                                4140-7].
(28) Small business assistance   Statewide.........       3/10/1993  10/26/1993, 58 FR 57563   [MO-14-5860; FRL-
 plan.                                                                                          4700-8].
(29) Part D Lead plan..........  Herculaneum.......       7/2/1993,  5/5/1995, 60 FR 22274     [MO-17-1-6023A;
                                                         6/30/1994,                             FRL-5197-7].
                                                         11/23/1994
(30) Intermediate permitting     Statewide.........      3/31/1994,  9/25/1995, 60 FR 49340    [MO-21-1-6443(a);
 program including three                                 11/7/1994,                             FRL-5289-6].
 letters pertaining to                                   10/3/1994,
 authority to limit potential                             2/10/1995
 to emit hazardous air
 pollutants.
(31) Part D lead plan..........  Bixby.............       7/2/1993,  8/4/1995, 60 FR 39851     [MO-18-1-6024A;
                                                          6/30/1994                             FRL-5263-9].
(32) Transportation conformity   St. Louis, Kansas        2/14/1995  2/29/1996, 61 FR 7711     [MO-29-1-7151a;
 plans including a policy         City.                                                         FRL-5425-2].
 agreement and a letter
 committing to implement the
 state rule consistent with the
 Federal transportation
 conformity rule.

[[Page 285]]

 
(33) Emissions inventory update  Kansas City.......       4/12/1995  4/25/1996, 61 FR 18251    [KS-6-1-6985, MO-
 including a motor vehicle                                                                      31-1-7153; FRL
 emissions budget.                                                                              5448-9].
(34) Part D Lead Plan..........  Glover............       8/14/1996  3/5/1997, 62 FR 9970      [MO-015-1015a;
                                                                                                FRL-5682-5].
(35) CO Maintenance Plan.......  St. Louis.........      6/13/1997,  1/26/1999, 64 FR 3855     [MO 043-1043(a);
                                                          6/15/1998                             FRL-6220-1].
(36) 1990 Base Year Inventory..  St. Louis.........       1/20/1995  2/17/2000, 65 FR 8060     [MO 092-1092; FRL-
                                                                                                6528-7].
(37) 15% Rate-of-Progress Plan.  St. Louis.........      11/12/1999  5/18/2000, 65 FR 31485    [MO 103-1103; FRL-
                                                                                                6701-3].
(38) Implementation plan for     St. Louis.........      11/12/1999  5/18/2000, 65 FR 31480    [MO 096-1096b;
 the Missouri inspection                                                                        FRL-6701-6].
 maintenance program.
(39) Doe Run Resource Recycling  Dent Township in         5/17/2000  10/18/2000, 65 FR 62295   [MO 114-1114a;
 Facility near Buick, MO.         Iron County.                                                  FRL-6885-6].
(40) Commitments with respect    Statewide.........        8/8/2000  12/28/2000, 65 FR 82285   [Region 7
 to implementation of rule 10                                                                   Tracking No. 113-
 CSR 10-6.350, Emissions                                                                        1113a; FRL-6923-
 Limitations and Emissions                                                                      2].
 Trading of Oxides of Nitrogen.
(41) Contingency Plan including  St. Louis.........      10/6/1997,  6/26/2001, 66 FR 33996    [Tracking No. MO-
 letter of April 5, 2001.                                  4/5/2001                             0132-1132, IL
                                                                                                196-3; FRL-7001-
                                                                                                7].
(42) Ozone 1-Hour Standard       St. Louis.........     11/10/1999,  6/26/2001, 66 FR 33996    [MO-0132-1132, IL
 Attainment Demonstration Plan                           11/2/2000,                             196-3;FRL-7001-7
 for November 2004 including                             2/28/2001,                             ].
 2004 On-Road Motor Vehicle                                3/7/2001
 Emissions Budgets.
(43) Doe Run Resources           Herculaneum, MO...        1/9/2001  4/16/2002, 67 FR 18497    [MO 151-1151; FRL-
 Corporation Primary lead                                                                       7170-6].
 Smelter, 2000 Revision of Lead
 SIP.
(44) Doe Run Resources           Glover, MO........       6/15/2001  4/16/2002, 67 FR 18497    [MO 151-1151; FRL-
 Corporation Primary Lead                                                                       7170-6].
 Smelter, 2000 Revision of Lead
 SIP.
(45) Maintenance Plan for the    St. Louis.........       12/6/2002  5/12/2003, 68 FR 25414    [MO 181-1181; FRL-
 Missouri Portion of the St.                                                                    7494-6].
 Louis Ozone Nonattainment Area
 including 2014 On-Road Motor
 Vehicle Emission Budgets.
(46) Maintenance Plan for the 1- Kansas City.......      12/17/2002  1/13/2004, 69 FR 1921     [MO 201-1201; FRL-
 hour ozone standard in the                                                                     7608-8].
 Missouri portion of the Kansas
 City maintenance area for the
 second ten-year period.
(47) Vehicle I/M Program.......  St. Louis.........       10/1/2003  5/13/2004, 69 FR 26503    [R07-OAR-2004-MO-
                                                                                                0001; FRL-7661-
                                                                                                4].
(48) Revised Maintenance Plan    Dent Township in         4/29/2003  8/24/2004, 69 FR 51953    [R07-OAR-2004-MO-
 of Doe Run Resource Recycling    Iron County.                                                  0002; FRL-7805-
 Facility near Buick, MO.                                                                       1].
(49) Lead Maintenance Plan.....  Iron County (part)       1/26/2004  10/29/2004, 69 FR 63072   [R07-OAR-2004-MO-
                                  within boundaries                                             0003; FRL-7831-
                                  of Liberty and                                                1].
                                  Arcadia Townships.
(50) Revision to Maintenance     Kansas City.......      10/28/2005  6/26/2006, 71 FR 36210    [EPA-R07-OAR-2006
 Plan for the 1-hour ozone                                                                      -0286; FRL-8188-
 standard in the Missouri                                                                       6].
 portion of the Kansas City
 maintenance area for the
 second ten-year period.

[[Page 286]]

 
(51) CAA 110(a)(2)(D)(i) SIP--   Statewide.........       2/27/2007  5/8/2007, 72 FR 25085     [EPA-R07-OAR-2007
 Interstate Transport.                                                                          -0249 FRL-8310-
                                                                                                5].
(52) Submittal of the 2002 Base  St. Louis.........       6/15/2006  5/31/2007, 72 FR 30272    [EPA-R07-OAR-2007
 Year Inventory for the                                                                         -0383; FRL-8318-
 Missouri Portion of the St.                                                                    8].
 Louis 8-hour ozone
 nonattainment area and
 Emissions Statement SIP.
(53) Maintenance Plan for the 8- Kansas City.......       5/23/2007  8/9/2007, 72 FR 44778     [EPA-R07-OAR-2007
 hour ozone standard in the                                                                     -0619 FRL-8450-
 Missouri portion of the Kansas                                                                 7].
 City area.
(54) Section 110(a)(2)           Statewide.........       2/27/2007  7/11/2011, 76 FR 40619    [EPA-R07-OAR-2011
 Infrastructure Requirements                                                                    -0309 FRL-9429-
 for the 1997 8-Hour Ozone                                                                      1] This action
 NAAQS.                                                                                         addresses the
                                                                                                following CAA
                                                                                                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   St. Louis.........      1/17/2007,  1/23/2012, 77 FR 3144.    [EPA-R07-OAR-2011
 the 8-hour ozone NAAQS.                                  6/1/2011,  1/6/2014, 79 FR 580        -0859 FRL-9621-
                                                          8/30/2011                             1] [EPA-R07-OAR-
                                                                                                2012-0767; FRL-
                                                                                                9905-03-Region
                                                                                                7].
(56) CAA Section 110(a)(2) SIP-  City of                  7/29/2009  2/17/2012, 77 FR 9529     [EPA-R07-OAR-2008
 1978 Pb NAAQS.                   Herculaneum, MO.                                              -0538; FRL-9632-
                                                                                                7].
(57) Regional Haze Plan for the  Statewide.........       8/5/2009,  6/26/2012, 77 FR 38007    [EPA-R07-OAR-2012
 first implementation period.                        supplemented 1/                            -0153; FRL-9688-
                                                            30/2012                             1] Sec.
                                                                                                52.1339(c);
                                                                                                Limited
                                                                                                Approval.
(58) Section 110(a)(2)           Statewide.........       2/27/2007  6/21/2013; 78 FR 37457    [EPA-R07-OAR-2013
 Infrastructure Requirements                                                                    -0208; FRL-9825-
 for the 1997 PM2.5 NAAQS.                                                                      7] This action
                                                                                                addresses 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)           Statewide.........      12/28/2009  6/21/2013; 78 FR 37457    [EPA-R07-OAR-2013
 Infrastructure Requirements                                                                    -0208; FRL-9825-
 for the 2006 PM2.5 NAAQS.                                                                      7] This action
                                                                                                addresses 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:    Statewide.........        8/8/2012  6/21/2013; 78 FR 37457    [EPA-R07-OAR-2013
 Missouri Air Conservation                                                                      -0208; FRL-9825-
 Commission Representation and                                                                  7].
 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.
(61) Section 110(a)(2)           Statewide.........      12/20/2011  8/19/2014, 79 FR 48994    [EPA-R07-OAR-2014
 Infrastructure Requirements                                                                    -0290; FRL-9915-
 for the 2008 Pb NAAQS.                                                                         28-Region 7]
                                                                                                This action
                                                                                                addresses the
                                                                                                following CAA
                                                                                                elements:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C), (D),
                                                                                                (E), (F), (G),
                                                                                                (H), (J), (K),
                                                                                                (L), and (M).
(62) Implementation Plan for     City of                  4/18/2013  10/20/2014, 79 FR 62574   [EPA-R07-OAR-2014
 the 2008 Lead NAAQS.             Herculaneum, MO.                                              -0448; FRL-9918-
                                                                                                18-Region-7]

[[Page 287]]

 
(66) Cross State Air Pollution   Statewide.........       3/30/2015  8/24/2015, 80 FR 51135
 Rule--State-Determined
 Allowance Allocations for the
 2016 control periods.
(67) Missouri 8-Hour CO Second   St. Louis.........        4/8/2014  10/2/2015, 80 FR 59614    EPA-R07-OAR-2015-
 Ten year Limited Maintenance                                                                   0513; FRL-9934-
 Plan..                                                                                         98-Region 7]
(68) Missouri Early Progress     St. Louis.........       8/26/2013  1/14/2016, 81 FR 1890     [EPA-R07-OAR-2015
 Plan.                                                                                          -0587; FRL-9941-
                                                                                                01-Region 7].
(69) Marginal Plan for the       Statewide.........        9/9/2014  2/25/2016, 81 FR 9350     EPA-R07-OAR-2015-
 Missouri Portion of the St.                                                                    0438; 9942-76-
 Louis Ozone Nonattainment Area                                                                 Region 7.
 for the 2008 NAAQS.
(70) State Implementation Plan   Statewide.........        8/5/2014  8/1/2016, 81 FR 50353     [EPA-R07-OAR-2015
 (SIP) Revision for the                                                                         -0581; FRL-9949-
 Attainment and Maintenance of                                                                  68-Region 7].
 National Ambient Air Quality
 Standards for Regional Haze
 (2014 Five-Year Progress
 Report).
(71) Exide Technologies          Forest City.......      10/15/2014  9/26/2016, 81 FR 65898    [EPA-R07-OAR-2015
 Compliance Plan 2008 lead                                                                      -0835; FRL 9952-
 NAAQS.                                                                                         79-Region 7].
----------------------------------------------------------------------------------------------------------------


[64 FR 34719, June 29, 1999]

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

    Effective Date Note: At 82 FR 29426, June 29, 2017, Sec. 52.1320(c) 
was amended by revising the entry for 10-6.110, effective July 31, 2017. 
For the convenience of the user, the added and revised text is set forth 
as follows:



Sec. 52.1320  Identification of plan.

                                * * * * *

    (c) * * *

                                                            EPA-Approved Missouri Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             State
        Missouri  citation                Title            effective                         EPA approval  date                          Explanation
                                                             date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Missouri Department of Natural Resources
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
10-6.110.........................  Submission of             9/30/2010  12/14/2011, 76 FR 77701....................................  Section (3)(A),
                                    Emission Data,                                                                                    Emissions Fees,
                                    Emission Fees, and                                                                                has not been
                                    Process                                                                                           approved as part
                                    Information.                                                                                      of the SIP.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 288]]

                                * * * * *



Sec. 52.1321  Classification of regions.

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

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


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



Sec. 52.1322  Original Identification of Plan Section.

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

[[Page 289]]

    (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 292]]

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 293]]

``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 294]]

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 295]]

    (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 296]]

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.

[[Page 298]]

    (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 299]]

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 300]]

    (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 301]]

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 302]]

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 303]]

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 304]]

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 CSAPR 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 the 
basis for the

[[Page 305]]

CSAPR 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 CSAPR 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 CSAPR 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 CSAPR NOX Ozone Season Group 1 Trading Program in subpart 
BBBBB of part 97 of this chapter must comply with such requirements with 
regard to emissions occurring in 2015 and 2016.
    (2) 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 
CSAPR NOX Ozone Season Group 2 Trading Program in subpart 
EEEEE of part 97 of this chapter must comply with such requirements with 
regard to emissions occurring in 2017 and each subsequent year. 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 CSAPR Federal Implementation Plan 
(FIP) under Sec. 52.38(b), except to the extent the Administrator's 
approval is partial or conditional, provided that because the CSAPR FIP 
was promulgated as a partial rather than full remedy for an obligation 
of the State to address interstate air pollution, the SIP revision 
likewise will constitute a partial rather than full remedy for the 
State's obligation unless provided otherwise in the Administrator's 
approval of the SIP revision.
    (3) Notwithstanding the provisions of paragraph (b)(2) of this 
section, if, at the time of the approval of Missouri's SIP revision 
described in paragraph (b)(2) of this section, the Administrator has 
already started recording any allocations of CSAPR NOX Ozone 
Season Group 2 allowances under subpart EEEEE of part 97 of this chapter 
to units in the State for a control period in any year, the provisions 
of subpart EEEEE of part 97 of this chapter authorizing the 
Administrator to complete the allocation and recordation of CSAPR 
NOX Ozone Season 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, as amended at 76 FR 80775, Dec. 27, 2011; 80 
FR 51136, Aug. 24, 2015; 81 FR 74586, 74598, Oct. 26, 2016]



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 
CSAPR 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 CSAPR 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 CSAPR 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

[[Page 306]]

chapter authorizing the Administrator to complete the allocation and 
recordation of CSAPR 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; 81 FR 74586, Oct. 26, 2016]



Sec. Sec. 52.1328-52.1334  [Reserved]



Sec. 52.1335  Compliance schedules.

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

                                                                        Missouri
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved        Adopted date          Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Knob Pelleting Co............  Pilot Knob, MO........  V(10 CSR 10-3.050)....  Oct. 19, 1977........  Immediately..........  Dec. 31, 1982.
Union Electric Labadie power plant.  Labadie, MO...........  10 CSR 10-5.090 and 10  June 20, 1979........  July 20, 1979........  Mar. 1, 1984.
                                                              CSR 10-5.030.
St. Joe Minerals Corp., Pea Ridge    Washington County, MO.  10 CSR 10-3,050.......  Mar. 23, 1983........  Mar. 23, 1983........  Dec. 31, 1988.
 Iron Ore Facility.
St. Joe Minerals Corp., Pea Ridge    ......do..............  ......do..............  Apr. 22, 1981........  Dec. 28, 1981........  July 1, 1985.
 Iron Ore Facility.
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.
 

[[Page 307]]

 
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.



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) [Reserved]
    (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; 82 FR 3129, Jan. 10, 2017]



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-

[[Page 308]]

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) 
metropolitan 8-hour ozone nonattainment area for purposes of attaining 
the 1997 8-hour ozone National Ambient Air Quality Standard.
    (c) On November 3, 2011 and April 29, 2014, Missouri submitted 
requests to redesignate the Missouri portion of the St. Louis MO-IL area 
to attainment of the 1997 8-hour ozone standard. The Missouri portion of 
the St. Louis MO-IL area includes Jefferson, Franklin, St. Charles, and 
St. Louis Counties along with the City of St. Louis. As part of the 
redesignation request, the State submitted a plan for maintaining the 
1997 8-hour ozone standard through 2025 in the area as required by 
Section 175A of the Clean Air Act.
    (d) Determination of attainment. As required by section 181(b)(2)(A) 
of the Clean Air Act, EPA has determined that the St. Louis, MO-IL 
marginal 2008 ozone nonattainment area has attained the NAAQS by the 
applicable attainment date of July 20, 2016.

[76 FR 43601, July 21, 2011, as amended at 77 FR 25366, Apr. 30, 2012; 
80 FR 9209, Feb. 20, 2015; 81 FR 41446, June 27, 2016]



                           Subpart BB_Montana



Sec. 52.1370  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for Montana 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 
March 1, 2015, 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), (d), and (e) of this 
section with EPA approval dates after March 1, 2015, 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 March 1, 2015.
    (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, U.S. Environmental Protection Agency, West Building, 
1301 Constitution Ave. NW., Washington, DC 20460; and, the National 
Archives and Records Administration (NARA). For information on the 
availability of materials from the docket in the EPA Headquarters 
Library, please call the Office of Air and Radiation (OAR) 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/cfr/
ibr-locations.html. Copies of the Montana regulations we have approved 
are also available at http://www.epa.gov/region8/air/sip.html.
    (c) EPA-approved regulations.

[[Page 309]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              State      EPA final rule      Final rule
              State citation                        Rule title           effective date       date            citation                 Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      (1) Statewide
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         (i) Administrative Rules of Montana, Subchapter 01, General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.101.................................  Definitions.................       8/11/2006       1/26/2010         75 FR 3993
17.8.102.................................  Incorporation by Reference..     10/16/2009,       8/20/2015        80 FR 50584
                                                                             06/12/2014
17.8.103.................................  Incorporation by Reference..      10/26/2007       1/26/2010         75 FR 3993
17.8.105.................................  Testing Requirements........        7/4/1996       8/13/2001        66 FR 42427
17.8.106.................................  Source Testing Protocol.....       10/8/1999       8/13/2001        66 FR 42427
17.8.110.................................  Malfunctions................       4/11/2003       1/24/2006         71 FR 3776
17.8.111.................................  Circumvention...............       9/13/1985       8/13/2001        66 FR 42427
17.8.130.................................  Enforcement Procedures--            4/9/2004       1/24/2006         71 FR 3770
                                            Notice of Violation--Order
                                            to Take Corrective Action.
17.8.131.................................  Enforcement Procedures--          12/31/1972       8/13/2001        66 FR 42427
                                            Appeal to Board.
17.8.132.................................  Credible Evidence...........       12/8/2000      11/20/2002        67 FR 70009
17.8.140.................................  Rehearing Procedures--Form        12/31/1972       8/13/2001        66 FR 42427
                                            and Filing of Petition.
17.8.141.................................  Rehearing Procedures--Filing      12/31/1972       8/13/2001        66 FR 42427
                                            Requirements.
17.8.142.................................  Rehearing Procedures--Board       12/31/1972       8/13/2001        66 FR 42427
                                            Review.
17.8.150.................................  Definitions.................      10/30/2015       4/20/2016        81 FR 23186
17.8.151.................................  Board Action................      10/30/2015       4/20/2016        81 FR 23186
17.8.152.................................  Reporting...................      10/30/2015       4/20/2016        81 FR 23186
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         (ii) Administrative Rules of Montana, Subchapter 03, Emission Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.301.................................  Definitions.................      10/24/2008       1/29/2010         75 FR 4698
17.8.302.................................  Incorporation by Reference..      10/26/2007       1/26/2010         75 FR 3993
17.8.304.................................  Visible Air Contaminants....       8/11/1995       8/13/2001        66 FR 42427   Excluding (4)(f).
17.8.308.................................  Particulate Matter, Airborne       2/13/2009       1/29/2010         75 FR 4698
17.8.309.................................  Particulate Matter, Fuel          11/10/1995       8/13/2001        66 FR 42427   Excluding (5)(b).
                                            Burning Equipment.
17.8.310.................................  Particulate Matter,               11/10/1995       8/13/2001        66 FR 42427   Excluding (3)(e).
                                            Industrial Processes.
17.8.316.................................  Incinerators................        4/9/2004       7/29/2008        73 FR 43871
17.8.320.................................  Wood-waste Burners..........        4/9/2004       1/24/2006         71 FR 3770
17.8.321.................................  Sulfur Emissions--Kraft Pulp      12/31/1972       7/18/1995        60 FR 36715   * 16.8.1413 is the SIP
                                            Mills (16.8.1413).                                                                approved Kraft Pulp Mill
                                                                                                                              Rule. 17.8.321 is not SIP
                                                                                                                              approved.
17.8.322.................................  Sulfur Oxide Emissions--          12/31/1972       8/13/2001        66 FR 42427
                                            Sulfur in Fuel.
17.8.324.................................  Hydrocarbon Emissions--           10/29/1993       8/13/2001        66 FR 42427   Excluding (1)(c) and
                                            Petroleum Products.                                                               (2)(d).
17.8.325.................................  Motor Vehicles..............      12/31/1972       8/13/2001        66 FR 42427
17.8.326.................................  Prohibited Materials for          10/29/1993       8/13/2001        66 FR 42427
                                            Wood or Coal Residential
                                            Stoves.
17.8.330.................................  Emission Standards for             2/10/1989       8/13/2001        66 FR 42427
                                            Existing Aluminum Plants--
                                            Definitions.
17.8.331.................................  Emission Standards for             2/26/1982       8/13/2001        66 FR 42427
                                            Existing Aluminum Plants--
                                            Standards.

[[Page 310]]

 
17.8.332.................................  Emission Standards for              7/4/1996       8/13/2001        66 FR 42427
                                            Existing Aluminum Plants--
                                            Standard for Visible
                                            Emissions.
17.8.333.................................  Emission Standards for             2/26/1982       8/13/2001        66 FR 42427
                                            Existing Aluminum Plants--
                                            Monitoring and Reporting.
17.8.334.................................  Emission Standards for             2/26/1982       8/13/2001        66 FR 42427
                                            Existing Aluminum Plants--
                                            Startup and Shutdown.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                              (iii) Administrative Rules of Montana, Subchapter 04, Stack Heights and Dispersion Techniques
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.401.................................  Definitions [16.8.1204].....       6/13/1986       7/18/1995        60 FR 36715   * 16.8.1204 is the SIP
                                                                                                                              approved Stack Height and
                                                                                                                              Dispersion Techniques
                                                                                                                              rule. 17.8.401 is not SIP
                                                                                                                              approved.
17.8.402.................................  Requirements [16.8.1205]....       6/13/1986       7/18/1995        60 FR 36715   * 16.8.1205 is the SIP
                                                                                                                              approved Stack Height and
                                                                                                                              Dispersion Techniques
                                                                                                                              rule. 17.8.402 is not SIP
                                                                                                                              approved.
17.8.403.................................  Exemptions [16.8.1206]......       6/13/1986       7/18/1995        60 FR 36715   * 16.8.1206 is the SIP
                                                                                                                              approved Stack Height and
                                                                                                                              Dispersion Techniques
                                                                                                                              rule. 17.8.403 is not SIP
                                                                                                                              approved.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            (iv) Administrative Rules of Montana, Subchapter 06, Open Burning
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.601.................................  Definitions.................      12/27/2002       8/24/2006        71 FR 49999
17.8.602.................................  Incorporation by Reference..      10/26/2007       1/26/2010         75 FR 3993
17.8.604.................................  Prohibited Open Burning--         04/15/2011       8/20/2015        80 FR 50584
                                            When Permit Required.
17.8.605.................................  Special Burning Periods.....      12/27/2002       8/24/2006        71 FR 49999
17.8.606.................................  Minor Open Burning Source         12/27/2002       8/24/2006        71 FR 49999
                                            Requirements.
17.610...................................  Major Open Burning Source         04/15/2011       8/20/2015        80 FR 50584
                                            Restrictions.
17.8.611.................................  Emergency Open Burning             7/23/1999       8/13/2001        66 FR 42427
                                            Permits.
17.8.612.................................  Conditional Air Quality Open      04/15/2011       8/20/2015        80 FR 50584
                                            Burning Permits.
17.8.613.................................  Christmas Tree Waste Open         04/15/2011       8/20/2015        80 FR 50584
                                            Burning Permits.
17.8.614.................................  Commercial Film Production        04/15/2011       8/20/2015        80 FR 50584
                                            Open Burning Permits.
17.8.615.................................  Firefighter Training........      04/15/2011       8/20/2015        80 FR 50584
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    (v) Administrative Rules of Montana, Subchapter 07, Permit Construction and Operation of Air Contaminant Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.740.................................  Definitions.................      12/27/2002      11/21/2014        79 FR 69374
17.8.743.................................  Montana Air Quality Permits--     12/27/2002      11/21/2014        79 FR 69374   Approved except the phrase
                                            When Required.                                                                    in 17.8.743(1)(b)
                                                                                                                              ``asphalt concrete plants,
                                                                                                                              mineral crushers, and''.

[[Page 311]]

 
17.8.744.................................  Montana Air Quality Permits--     12/27/2002        7/8/2011        76 FR 40237
                                            General Exclusions.
17.8.745.................................  Montana Air Quality Permits--      5/28/2010       2/13/2012         77 FR 7531
                                            Exclusion for De Minimis
                                            Changes.
17.8.748.................................  New or Modified Emitting          12/27/2002        7/8/2011        76 FR 40237
                                            Units--Permit Application
                                            Requirements.
17.8.749.................................  Conditions For Issuance or        10/17/2003        7/8/2011        76 FR 40237   (1), (3), (4), (5), (6),
                                            Denial of Permit.                                                                 and (8) approved with
                                                                                                                              state effective date of 12/
                                                                                                                              27/02. (7) approved with
                                                                                                                              state effective date of 10/
                                                                                                                              17/03.
17.8.752.................................  Emission Control                  12/27/2002        7/8/2011        76 FR 40237
                                            Requirements.
17.8.755.................................  Inspection of Permit........      12/27/2002        7/8/2011        76 FR 40237
17.8.756.................................  Compliance with Other             12/27/2002        7/8/2011        76 FR 40237
                                            Requirements.
17.8.759.................................  Review of Permit                  12/23/2005        7/8/2011        76 FR 40237   (1) through (3) approved
                                            Applications.                                                                     with state effective date
                                                                                                                              of 10/17/13. (4) through
                                                                                                                              (6) approved with state
                                                                                                                              effective date of 12/23/
                                                                                                                              05.
17.8.760.................................  Additional Review of Permit       12/27/2002        7/8/2011        76 FR 40237
                                            Applications.
17.8.762.................................  Duration of Permit..........      12/27/2002        7/8/2011        76 FR 40237
17.8.763.................................  Revocation of Permit........      04/15/2011       8/20/2015        80 FR 50564
17.8.764.................................  Administrative Amendment to       12/27/2002      11/21/2014        79 FR 69374
                                            Permit.
17.8.765.................................  Transfer of Permit..........      12/27/2002        7/8/2011        76 FR 40237
17.8.767.................................  Incorporation by Reference..       6/17/2005        7/8/2011        76 FR 40237   (1)(a) through (c) approved
                                                                                                                              with state effective date
                                                                                                                              of 12/27/02. (1)(d)
                                                                                                                              through (g), (2), (3), and
                                                                                                                              (4) approved with state
                                                                                                                              effective date of 6/17/05.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       (vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.801.................................  Definitions.................      10/14/2011       4/20/2016        81 FR 23186
17.8.802.................................  Incorporation by Reference..      10/16/2009       8/20/2015        80 FR 50564
17.8.804.................................  Ambient Air Increments......      10/14/2011       4/20/2016        81 FR 23186
17.8.805.................................  Ambient Air Ceilings........       8/23/1996       8/13/2001        66 FR 42427
17.8.806.................................  Restrictions on Area               8/23/1996       8/13/2001        66 FR 42427
                                            Classifications.
17.8.807.................................  Exclusions from Increment          8/23/1996       8/13/2001        66 FR 42427
                                            Consumption.
17.8.808.................................  Redesignation...............       8/23/1996       8/13/2001        66 FR 42427
17.8.809.................................  Stack Heights...............       8/23/1996       8/13/2001        66 FR 42427
17.8.818.................................  Review of Major Stationary        10/10/2014      4/20/2016.        81 FR 23186
                                            Source and Major
                                            Modifications--Source
                                            Applicability and
                                            Exemptions.
17.8.819.................................  Control Technology Review...        4/9/2004       1/24/2006         71 FR 3770
17.8.820.................................  Source Impact Analysis......       8/23/1996       8/13/2001        66 FR 42427
17.8.821.................................  Air Quality Models..........       4/11/2003       1/24/2006         71 FR 3776
17.8.822.................................  Air Quality Analysis........      10/14/2011       4/20/2016        81 FR 23186
17.8.823.................................  Source Information..........       8/23/1996       8/13/2001        66 FR 42427

[[Page 312]]

 
17.8.824.................................  Additional Impact Analyses..       8/23/1996       8/13/2001        66 FR 42427
17.8.825.................................  Sources Impacting Federal         10/14/2011       4/20/2016        80 FR 23186
                                            Class I Areas--Additional
                                            Requirements.
17.8.826.................................  Public Participation........      12/27/2002        7/8/2011        76 FR 40237
17.8.827.................................  Source Obligation...........       8/23/1996       8/13/2001        66 FR 42427
17.8.828.................................  Innovative Control                 8/23/1996       8/13/2001        66 FR 42427
                                            Technology.
--------------------------------------------------------------------------------------------------------------------------------------------------------
      (vii) Administrative Rules of Montana, Subchapter 09, Permit Requirements for Major Stationary Sources or Major Modifications Locating Within
                                                                   Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.901.................................  Definitions.................      10/24/2008       1/29/2010         75 FR 4698
17.8.902.................................  Incorporation by Reference..       6/17/2005       7/19/2006        71 FR 40922
17.8.904.................................  When Air Quality                  12/27/2002        7/8/2011        76 FR 40237
                                            Preconstruction Permit
                                            Required.
17.8.905.................................  Additional Conditions of Air       4/11/2003       1/24/2006         71 FR 3776
                                            Quality Preconstruction
                                            Permit.
17.8.906.................................  Baseline for Determining          12/27/2002        7/7/2011        76 FR 40237
                                            Credit for Emissions and
                                            Air Quality Offsets.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 (viii) Administrative Rules of Montana, Subchapter 10, Preconstruction Permit Requirements for Major Stationary Sources or Major Modifications Locating
                                                         Within Attainment or Unclassified Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1001................................  Definitions.................       8/23/1996       8/13/2001        66 FR 42427
17.8.1002................................  Incorporation by Reference..       6/17/2005       7/19/2006        71 FR 40922
17.8.1004................................  When Air Quality                  12/27/2002        7/8/2011        76 FR 40237
                                            Preconstruction Permit
                                            Required.
17.8.1005................................  Additional Conditions of Air      12/27/2002        7/8/2011        76 FR 40237
                                            Quality Pre-construction
                                            Permit.
17.8.1006................................  Review of Specified Sources        8/23/1996       8/13/2001        66 FR 42427
                                            for Air Quality Impact.
17.8.1007................................  Baseline for Determining          10/24/2008       1/29/2010         75 FR 4698
                                            Credit for Emissions and
                                            Air Quality Offsets.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    (ix) Administrative Rules of Montana, Subchapter 11, Visibility Impact Assessment
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1101................................  Definitions.................       8/23/1996       8/13/2001        66 FR 42427
17.8.1102................................  Incorporation by Reference..      10/26/2007       1/26/2010         75 FR 3993
17.8.1103................................  Applicability--Visibility          8/23/1996       8/13/2001        66 FR 42427
                                            Requirements.
17.8.1106................................  Visibility Impact Analysis..      12/27/2002        7/8/2011        76 FR 40237
17.8.1107................................  Visibility Models...........       8/23/1996       8/13/2001        66 FR 42427
17.8.1108................................  Notification of Permit             8/23/1996       8/13/2001        66 FR 42427
                                            Application.
17.8.1109................................  Adverse Impact and Federal        12/27/2002        7/8/2011        76 FR 40237
                                            Land Manager.
17.8.1110................................  Visibility Monitoring.......       8/23/1996       8/13/2001        66 FR 42427
17.8.1111................................  Additional Impact Analysis..       8/23/1996       8/13/2001        66 FR 42427
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             (x) Administrative Rules of Montana, Subchapter 13, Conformity
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1301................................  Definitions.................        6/4/1999       9/21/2001        66 FR 48561

[[Page 313]]

 
17.8.1304................................  Determining Conformity of          8/23/1996       9/21/2001        66 FR 48561
                                            Transportation Plans,
                                            Programs, and Projects to
                                            State or Federal
                                            Implementation Plans.
17.8.1305................................  Consultation Requirements:          6/4/1999       9/21/2001        66 FR 48561
                                            Applicability.
17.8.1306................................  Consultation Procedures.....        6/4/1999       9/21/2001        66 FR 48561
17.8.1310................................  Special Issues..............        6/4/1999       9/21/2001        66 FR 48561
17.8.1311................................  Notice Requirements for Non-        6/4/1999       9/21/2001        66 FR 48561
                                            FHWA/FTA Projects.
17.8.1312................................  Conflict Resolution.........        6/4/1999       9/21/2001        66 FR 48561
17.8.1313................................  Public Consultation                 6/4/1999       9/21/2001        66 FR 48561
                                            Procedures.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               (xi) Administrative Rules of Montana, Subchapter 14, Conformity of General Federal Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1401................................  Definitions.................        6/4/1999       10/7/2002        67 FR 62392
17.8.1402................................  Incorporation By Reference..        6/4/1999       10/7/2002        67 FR 62392
--------------------------------------------------------------------------------------------------------------------------------------------------------
  (xii) Administrative Rules of Montana, Subchapter 16, Emission Control Requirements for Oil and Gas Well Facilities Operating Prior to Issuance of a
                                                               Montana Air Quality Permit
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1601................................  Definitions.................        1/1/2006      11/19/2013        78 FR 69296
17.8.1602................................  Applicability and                   1/1/2006      11/19/2013        78 FR 69296
                                            Coordination with Montana
                                            Air Quality Permit Rules.
17.8.1603................................  Emission Control                    1/1/2006      11/19/2013        78 FR 69296
                                            Requirements.
17.8.1604................................  Inspection and Repair               1/1/2006      11/19/2013        78 FR 69296
                                            Requirements.
17.8.1605................................  Recordkeeping Requirements..        1/1/2006      11/19/2013        78 FR 69296
17.8.1606................................  Delayed Effective Date......      12/23/2005      11/19/2013        78 FR 69296
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             (xiii) Administrative Rules of Montana, Subchapter 17, Registration of Air Contaminant Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
17.8.1701................................  Definitions.................        4/7/2006      11/19/2013        78 FR 69296
17.8.1702................................  Applicability...............        4/7/2006      11/19/2013        78 FR 69296
17.8.1703................................  Registration Process and            4/7/2006      11/19/2013        78 FR 69296
                                            Information.
17.8.1704................................  Registration Fee............        4/7/2006      11/19/2013        78 FR 69296
17.8.1705................................  Operating Requirements:             4/7/2006      11/19/2013        78 FR 69296
                                            Facility-wide.
17.8.1710................................  Oil or Gas Well Facilities          4/7/2006      11/19/2013        78 FR 69296
                                            General Requirements.
17.8.1711................................  Oil or Gas Well Facilities          4/7/2006      11/19/2013        78 FR 69296
                                            Emission Control
                                            Requirements.
17.8.1712................................  Oil or Gas Well Facilities          4/7/2006      11/19/2013        78 FR 69296
                                            Inspection and Repair
                                            Requirements.
17.8.1713................................  Oil or Gas Well Facilities          4/7/2006      11/19/2013        78 FR 69296
                                            Recordkeeping and Reporting
                                            Requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   (2) County Specific
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   (i) Cascade County
--------------------------------------------------------------------------------------------------------------------------------------------------------
7-01.....................................  Definitions.................      10/16/2000       6/12/2001        66 FR 31548
7-02.....................................  Prohibited Open Burning--         10/16/2000       6/12/2001        66 FR 31548
                                            When Permit Required.

[[Page 314]]

 
7-03.....................................  Minor Open Burning Source         10/16/2000       6/12/2001        66 FR 31548
                                            Requirements.
7-04.....................................  Major Open Burning Source         10/16/2000       6/12/2001        66 FR 31548
                                            Restrictions.
7-05.....................................  Special Burning Periods.....      10/16/2000       6/12/2001        66 FR 31548
7-06.....................................  Firefighting Training.......      10/16/2000       6/12/2001        66 FR 31548
7-07.....................................  Conditional Air Quality Open      10/16/2000       6/12/2001        66 FR 31548
                                            Burning Permits.
7-08.....................................  Emergency Open Burning            10/16/2000       6/12/2001        66 FR 31548
                                            Permits.
7-09.....................................  Commercial Film Production        10/16/2000       6/12/2001        66 FR 31548
                                            Open Burning Permits.
7-10.....................................  Fees........................      10/16/2000       6/12/2001        66 FR 31548
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  (ii) Flathead County
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Table of Contents, Flathead
                                            County Air Pollution
                                            Control Program Regulations.
Appendix A...............................  Kalispell Air Pollution            5/20/1994       3/19/1996        61 FR 11153
                                            Control District Map.
Appendix B...............................  Kalispell Air Pollution            5/20/1994       3/19/1996        61 FR 11153
                                            Control District
                                            Description.
Chapter 01...............................  Short Title.................       5/20/1994       3/19/1996        61 FR 11153
Chapter 02...............................  Declaration of Policy and          5/20/1994       3/19/1996        61 FR 11153
                                            Purpose.
Chapter 03...............................  Authorities for Program.....       5/20/1994       3/19/1996        61 FR 11153
Chapter 04...............................  Administration..............       5/20/1994       3/19/1996        61 FR 11153
Chapter 05...............................  Control Board, Meetings-           5/20/1994       3/19/1996        61 FR 11153
                                            Duties-Policies.
Chapter 06...............................  Air Quality Staff...........       5/20/1994       3/19/1996        61 FR 11153
Chapter 07...............................  Inspections.................       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Sub-Chapter 1................  General Definitions.........       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Rule 201.....................  Definitions.................       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Rule 202.....................  Materials Prohibited........       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Rule 203.....................  Minor Open Burning Source          5/20/1994       3/19/1996        61 FR 11153
                                            Requirements.
Chapter 08, Rule 204.....................  Major Open Burning Source          5/20/1994       3/19/1996        61 FR 11153
                                            Requirements.
Chapter 08, Rule 205.....................  Special Open Burning Periods       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Rule 206.....................  Fire Fighter Training.......       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Rule 207.....................  Open Burning Disposal of           5/20/1994       3/19/1996        61 FR 11153
                                            Christmas Tree Waste.
Chapter 08, Rule 208.....................  Conditional Air Quality Open       5/20/1994       3/19/1996        61 FR 11153
                                            Burning Permits.
Chapter 08, Rule 209.....................  Emergency Open Burning             5/20/1994       3/19/1996        61 FR 11153
                                            Permits.
Chapter 08, Rule 210.....................  Permit Fees.................       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Sub-Chapter 3................  Voluntary Solid Fuel Burning       5/20/1994       3/19/1996        61 FR 11153
                                            Device Curtailment Program.
Chapter 08, Rule 401.....................  Prohibited Materials for           5/20/1994       3/19/1996        61 FR 11153
                                            Wood or Coal residential
                                            (Solid Fuel Burning Device)
                                            Stoves.
Chapter 08, Sub-Chapter 5................  Kalispell Air Pollution            5/20/1994       3/19/1996        61 FR 11153
                                            Control District, Intent.

[[Page 315]]

 
Chapter 08, Rule 501.....................  Material To Be Used on Roads       5/20/1994       3/19/1996        61 FR 11153
                                            and Parking Lots-Standards.
Chapter 08, Rule 502.....................  Construction and Demolition        5/20/1994       3/19/1996        61 FR 11153
                                            Activity.
Chapter 08, Rule 503.....................  Pavement of Roads Required..       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Rule 504.....................  Pavement of Parking Lots           5/20/1994       3/19/1996        61 FR 11153
                                            Required.
Chapter 08, Rule 505.....................  Street Sweeping and Flushing       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Rule 506.....................  Clearing of land greater           5/20/1994       3/19/1996        61 FR 11153
                                            than \1/4\ acre in size.
Chapter 08, Rule 507.....................  Contingency Plan............       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Sub-Chapter 6................  Columbia Falls Air Pollution       5/20/1994       3/19/1996        61 FR 11153
                                            Control District--Intent.
Chapter 08, Rule 601.....................  Material To Be Used on Roads       5/20/1994       3/19/1996        61 FR 11153
                                            and Parking Lots-Standards.
Chapter 08, Rule 602.....................  Construction and Demolition        5/20/1994       3/19/1996        61 FR 11153
                                            Activity.
Chapter 08; Sub-Chapter 6, Rule 603......  Pavement of Roads Required..       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Rule 604.....................  Pavement of Parking Lots           5/20/1994       3/19/1996        61 FR 11153
                                            Required.
Chapter 08, Rule 605.....................  Street Sweeping and Flushing       5/20/1994       3/19/1996        61 FR 11153
Chapter 08, Rule 606.....................  Clearing of land greater           5/20/1994       3/19/1996        61 FR 11153
                                            than \1/4\ acre in size.
Chapter 08, Rule 607.....................  Contingency Plan............       5/20/1994       3/19/1996        61 FR 11153
Chapter 09...............................  Enforcement, Judicial              5/20/1994       3/19/1996        61 FR 11153
                                            Review, and Hearings.
Chapter 10...............................  Civil Penalties.............       5/20/1994       3/19/1996        61 FR 11153
Chapter 11...............................  Severability Clause.........       5/20/1994       3/19/1996        61 FR 11153
Chapter 12...............................  Amendments and Revisions....       5/20/1994       3/19/1996        61 FR 11153
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  (iii) Lincoln County
--------------------------------------------------------------------------------------------------------------------------------------------------------
75.1.101.................................  Intent......................        2/1/1996       9/30/1996        61 FR 51014
75.1.102.................................  Definitions.................        2/1/1996       9/30/1996        61 FR 51014
75.1.103.................................  Selection & Implementation          2/1/1996       9/30/1996        61 FR 51014
                                            of Contingency Measure
                                            Programs.
75.1.201.................................  Intent......................        2/1/1996       9/30/1996        61 FR 51014
75.1.202.................................  Definitions.................        2/1/1996       9/30/1996        61 FR 51014
75.1.204.................................  Emission Limits.............        2/1/1996       9/30/1996        61 FR 51014
75.1.205.................................  Issuance of Air Pollution           2/1/1996       9/30/1996        61 FR 51014
                                            Alert.
75.1.206.................................  Permits.....................        2/1/1996       9/30/1996        61 FR 51014
75.1.207.................................  Prohibited Materials........        2/1/1996       9/30/1996        61 FR 51014
75.1.209.................................  Enforceability..............        2/1/1996       9/30/1996        61 FR 51014
75.1.301.................................  Intent: Road Dust Control           2/1/1996       9/30/1996        61 FR 51014
                                            Regulations: Materials to
                                            Be used on Roads and
                                            Parking Lots.
75.1.302.................................  Definitions.................        2/1/1996       9/30/1996        61 FR 51014
75.1.303.................................  Emission Limits.............        2/1/1996       9/30/1996        61 FR 51014
75.1.401.................................  Definitions, Street Sweeping        2/1/1996       9/30/1996        61 FR 51014
                                            and Flushing.
75.1.402.................................  Emission Limits.............        2/1/1996       9/30/1996        61 FR 51014
75.1.501.................................  Emission Limits, Dust               2/1/1996       9/30/1996        61 FR 51014
                                            Control for Log Yards.

[[Page 316]]

 
75.1.601.................................  Intent, Limiting the                2/1/1996       9/30/1996        61 FR 51014
                                            Application of Sanding
                                            Material.
75.1.602.................................  Application Limits..........        2/1/1996       9/30/1996        61 FR 51014
75.1.603.................................  Resolution..................        2/1/1996       9/30/1996        61 FR 51014
75.1.701.................................  Intent, Open Burning                2/1/1996       9/30/1996        61 FR 51014
                                            Regulations: Management of
                                            Open Burning.
75.1.702.................................  Definitions.................        2/1/1996       9/30/1996        61 FR 51014
75.1.703.................................  Open Burning Control Areas..        2/1/1996       9/30/1996        61 FR 51014
75.1.704.................................  Materials Prohibited........        2/1/1996       9/30/1996        61 FR 51014
75.1.705.................................  General Open Burning                2/1/1996       9/30/1996        61 FR 51014
                                            Regulations.
75.1.706.................................  Minor Open Burning Source           2/1/1996       9/30/1996        61 FR 51014
                                            Requirements.
75.1.707.................................  Major Open Burning Source           2/1/1996       9/30/1996        61 FR 51014
                                            Requirements.
75.1.708.................................  Trade Waste Burning                 2/1/1996       9/30/1996        61 FR 51014
                                            Requirements.
75.1.709.................................  Licensed Landfill                   2/1/1996       9/30/1996        61 FR 51014
                                            Requirements.
75.1.710.................................  Firefighter Training........        2/1/1996       9/30/1996        61 FR 51014
75.1.711.................................  Special Burning Periods.....        2/1/1996       9/30/1996        61 FR 51014
75.1.712.................................  Open Burning Permit                 2/1/1996       9/30/1996        61 FR 51014
                                            Requirements & Local
                                            Restrictions.
75.1.713.................................  Conditional Air Quality Open        2/1/1996       9/30/1996        61 FR 51014
                                            Burning Permits.
75.1.714.................................  Emergency Open Burning              2/1/1996       9/30/1996        61 FR 51014
                                            Permits.
75.1.715.................................  Christmas Tree Waste Open           2/1/1996       9/30/1996        61 FR 51014
                                            Burning Permits.
75.1.716.................................  Commercial Film Production          2/1/1996       9/30/1996        61 FR 51014
                                            Open Burning Permits.
75.1.717.................................  Prohibited Acts.............        2/1/1996       9/30/1996        61 FR 51014
75.1.718.................................  Penalties...................        2/1/1996       9/30/1996        61 FR 51014
75.1.719.................................  Conflict of Ordinances,             2/1/1996       9/30/1996        61 FR 51014
                                            Effect of Partial
                                            Invalidity.
Ordinances, 1470.........................  Ordinance...................       3/19/1993       8/30/1994        59 FR 44627
Ordinances, 1507.........................  Ordinance...................          2/1/96         9/30/96        61 FR 51014
1660 Resolution..........................  Lincoln County Health and          3/23/2006       3/17/2011        76 FR 14584
                                            Environment Regulations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  (iv) Missoula County
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.101....................................  Program Authority and             11/17/2000      11/15/2001        66 FR 57391
                                            Administration.
1.102....................................  Declaration of policy and         11/17/2000      11/15/2001        66 FR 57391
                                            purpose.
1.103....................................  Authorities for program.....      11/17/2000      11/15/2001        66 FR 57391
1.104....................................  Area of jurisdiction........      11/17/2000      11/15/2001        66 FR 57391
1.105....................................  Air pollution control board.      11/17/2000      11/15/2001        66 FR 57391
1.106....................................  Air quality staff...........      11/17/2000      11/15/2001        66 FR 57391
1.107....................................  Air quality advisory council      11/17/2000      11/15/2001        66 FR 57391
2.101....................................  Definitions.................      11/17/2000      11/15/2001        66 FR 57391
3.101....................................  Purpose.....................      11/17/2000      11/15/2001        66 FR 57391
3.102....................................  Particulate matter                11/17/2000      11/15/2001        66 FR 57391
                                            contingency measures.
3.103....................................  Carbon monoxide contingency       11/17/2000      11/15/2001        66 FR 57391
                                            measures.

[[Page 317]]

 
3.104....................................  Early implementation of           11/17/2000      11/15/2001        66 FR 57391
                                            contingency measures.
4.101....................................  Purpose.....................      11/17/2000      11/15/2001        66 FR 57391
4.102....................................  Applicability...............      11/17/2000      11/15/2001        66 FR 57391
4.103....................................  General provisions..........      11/17/2000      11/15/2001        66 FR 57391
4.104....................................  Air pollution control stages      11/17/2000      11/15/2001        66 FR 57391
4.105....................................  Emergency operations........      11/17/2000      11/15/2001        66 FR 57391
4.106....................................  Abatement plan for certain        11/17/2000      11/15/2001        66 FR 57391
                                            sources.
4.107....................................  Enforcement procedure.......      11/17/2000      11/15/2001        66 FR 57391
4.108....................................  Stage I alert control             11/17/2000      11/15/2001        66 FR 57391
                                            activities.
4.109....................................  Stage II warning control          11/17/2000      11/15/2001        66 FR 57391
                                            activities.
4.110....................................  State III emergency control       11/17/2000      11/15/2001        66 FR 57391
                                            activities.
4.111....................................  Stage IV crisis control           11/17/2000      11/15/2001        66 FR 57391
                                            activities.
4.112....................................  Contingency measure.........      11/17/2000      11/15/2001        66 FR 57391
5.101....................................  Inspections.................      11/17/2000      11/15/2001        66 FR 57391
5.102....................................  Testing requirements........      11/17/2000      11/15/2001        66 FR 57391
5.103....................................  Malfunctions................      11/17/2000      11/15/2001        66 FR 57391
5.105....................................  Circumvention...............      11/17/2000      11/15/2001        66 FR 57391
5.106....................................  Public nuisance.............      11/17/2000      11/15/2001        66 FR 57391
5.112....................................  Compliance with other             11/17/2000      11/15/2001        66 FR 57391
                                            statutes and rules.
6.101....................................  Definitions.................      11/17/2000      11/15/2001        66 FR 57391
6.102....................................  Air quality permits required      11/17/2000      11/15/2001        66 FR 57391
6.103....................................  General conditions..........      11/17/2000      11/15/2001        66 FR 57391
6.105....................................  Air quality permit                11/17/2000      11/15/2001        66 FR 57391
                                            application requirements.
6.106....................................  Public review of air quality      11/17/2000      11/15/2001        66 FR 57391
                                            permit application.
6.107....................................  Issuance or denial of an air      11/17/2000      11/15/2001        66 FR 57391
                                            quality permit.
6.108....................................  Revocation of modification        11/17/2000      11/15/2001        66 FR 57391
                                            of an air quality permit.
6.109....................................  Transfer of permit..........      11/17/2000      11/15/2001        66 FR 57391
6.501....................................  Emission control                  11/17/2000      11/15/2001        66 FR 57391
                                            requirements.
6.502....................................  Particulate matter from fuel      11/17/2000      11/15/2001        66 FR 57391
                                            burning equipment.
6.503....................................  Particulate matter from           11/17/2000      11/15/2001        66 FR 57391
                                            industrial processes.
6.504....................................  Visible air pollutants......      11/17/2000      11/15/2001        66 FR 57391
6.601....................................  Minimum standards...........      11/17/2000      11/15/2001        66 FR 57391
6.602....................................  Hours of operation..........      11/17/2000      11/15/2001        66 FR 57391
6.603....................................  Performance tests...........      11/17/2000      11/15/2001        66 FR 57391
6.604....................................  Hazardous waste incinerators      11/17/2000      11/15/2001        66 FR 57391
6.701....................................  Opacity limits..............      11/17/2000      11/15/2001        66 FR 57391
6.702....................................  Operation...................      11/17/2000      11/15/2001        66 FR 57391
6.703....................................  Fuels.......................      11/17/2000      11/15/2001        66 FR 57391
7.101....................................  Definitions.................      11/17/2000      11/15/2001        66 FR 57391
7.102....................................  Outdoor burning permits           11/17/2000      11/15/2001        66 FR 57391
                                            required.
7.103....................................  Materials prohibited........      11/17/2000      11/15/2001        66 FR 57391
7.104....................................  Burning seasons.............      11/17/2000      11/15/2001        66 FR 57391
7.105....................................  Restricted areas............      11/17/2000      11/15/2001        66 FR 57391
7.106....................................  Minor outdoor burning source      11/17/2000      11/15/2001        66 FR 57391
                                            requirements.
7.107....................................  Major outdoor burning source      11/17/2000      11/15/2001        66 FR 57391
                                            requirements.
7.108....................................  Bonfire permits.............      11/17/2000      11/15/2001        66 FR 57391
7.109....................................  Fire fighter training             11/17/2000      11/15/2001        66 FR 57391
                                            permits.
7.110....................................  Conditional outdoor burning       11/17/2000      11/15/2001        66 FR 57391
                                            permits.

[[Page 318]]

 
7.111....................................  Christmas tree waste outdoor      11/17/2000      11/15/2001        66 FR 57391
                                            burning permits.
7.112....................................  Emergency outdoor burning         11/17/2000      11/15/2001        66 FR 57391
                                            permits.
7.113....................................  Commercial film production        11/17/2000      11/15/2001        66 FR 57391
                                            outdoor burning permits.
7.114....................................  Public notice...............      11/17/2000      11/15/2001        66 FR 57391
7.115....................................  Outdoor burning permitting        11/17/2000      11/15/2001        66 FR 57391
                                            actions.
8.101....................................  Definitions.................      11/17/2000      11/15/2001        66 FR 57391
8.102....................................  General requirements........      11/17/2000      11/15/2001        66 FR 57391
8.103....................................  Stationary source                 11/17/2000      11/15/2001        66 FR 57391
                                            requirements.
8.104....................................  Construction sites..........      11/17/2000      11/15/2001        66 FR 57391
8.105....................................  Agricultural exemption......      11/17/2000      11/15/2001        66 FR 57391
8.201....................................  Permits required............      11/17/2000      11/15/2001        66 FR 57391
8.202....................................  New roads in the air              11/17/2000      11/15/2001        66 FR 57391
                                            stagnation zone.
8.203....................................  New parking areas in the air      11/17/2000      11/15/2001        66 FR 57391
                                            stagnation zone.
8.204....................................  New driveways in the air          11/17/2000      11/15/2001        66 FR 57391
                                            stagnation zone.
8.205....................................  Unpaved access roads........      11/17/2000      11/15/2001        66 FR 57391
8.206....................................  Maintenance of pavement           11/17/2000      11/15/2001        66 FR 57391
                                            required.
8.207....................................  Paving existing facilities        11/17/2000      11/15/2001        66 FR 57391
                                            in the air stagnation zone.
8.301....................................  Deicer required.............      11/17/2000      11/15/2001        66 FR 57391
8.302....................................  Durability requirements.....      11/17/2000      11/15/2001        66 FR 57391
8.303....................................  Street sweeping requirements      11/17/2000      11/15/2001        66 FR 57391
8.304....................................  Contingency measures........      11/17/2000      11/15/2001        66 FR 57391
9.101....................................  Intent......................      11/17/2000      11/15/2001        66 FR 57391
9.102....................................  Definitions.................      11/17/2000      11/15/2001        66 FR 57391
9.103....................................  Applicability...............      11/17/2000      11/15/2001        66 FR 57391
9.104....................................  Fuels.......................      11/17/2000      11/15/2001        66 FR 57391
9.105....................................  Non-alert visible emission        11/17/2000      11/15/2001        66 FR 57391
                                            standards.
9.106....................................  Prohibition of visible            11/17/2000      11/15/2001        66 FR 57391
                                            emissions during air
                                            pollution alerts and
                                            warnings.
9.107....................................  Emissions certification.....      11/17/2000      11/15/2001        66 FR 57391
9.108....................................  New solid fuel burning            11/17/2000      11/15/2001        66 FR 57391
                                            devices prohibited.
9.109....................................  Sale of new solid fuel            11/17/2000      11/15/2001        66 FR 57391
                                            burning devices.
9.110....................................  Installation permits........      11/17/2000      11/15/2001        66 FR 57391
9.111....................................  Alert permits...............      11/17/2000      11/15/2001        66 FR 57391
9.112....................................  Sole source permits.........      11/17/2000      11/15/2001        66 FR 57391
9.113....................................  Special need permits........      11/17/2000      11/15/2001        66 FR 57391
9.114....................................  Temporary sole source permit      11/17/2000      11/15/2001        66 FR 57391
9.115....................................  Permit application                11/17/2000      11/15/2001        66 FR 57391
                                            requirements.
9.116....................................  Revocation or modification        11/17/2000      11/15/2001        66 FR 57391
                                            of permit.
9.117....................................  Transfer of permit..........      11/17/2000      11/15/2001        66 FR 57391
9.118....................................  Removal of solid fuel             11/17/2000      11/15/2001        66 FR 57391
                                            burning devices upon sale
                                            of the property.
9.119....................................  Contingency measures........      11/17/2000      11/15/2001        66 FR 57391
10.101...................................  Intent......................      11/17/2000      11/15/2001        66 FR 57391
10.102...................................  Definitions.................      11/17/2000      11/15/2001        66 FR 57391
10.103...................................  Oxygenated fuel required....      11/17/2000      11/15/2001        66 FR 57391
10.104...................................  Labeling gasoline pumps.....      11/17/2000      11/15/2001        66 FR 57391

[[Page 319]]

 
10.105...................................  Oxygenate blending facility       11/17/2000      11/15/2001        66 FR 57391
                                            requirements.
10.106...................................  Distributor requirements....      11/17/2000      11/15/2001        66 FR 57391
10.107...................................  Fueling facility operator         11/17/2000      11/15/2001        66 FR 57391
                                            requirements.
10.108...................................  Inability to produce              11/17/2000      11/15/2001        66 FR 57391
                                            oxygenated fuel in
                                            extraordinary circumstances.
10.109...................................  Registration fees...........      11/17/2000      11/15/2001        66 FR 57391
10.110...................................  Contingency measure.........      11/17/2000      11/15/2001        66 FR 57391
10.201...................................  Regulation of sulfur in fuel      11/17/2000      11/15/2001        66 FR 57391
10.202...................................  Regulation of sulfur in fuel      11/17/2000      11/15/2001        66 FR 57391
                                            burned within the air
                                            stagnation zone.
10.203...................................  Labeling requirements.......      11/17/2000      11/15/2001        66 FR 57391
10.301...................................  Containers with more than         11/17/2000      11/15/2001        66 FR 57391
                                            65,000 gallon capacity.
10.302...................................  Oil-effluent water                11/17/2000      11/15/2001        66 FR 57391
                                            separators.
10.303...................................  Loading gasoline............      11/17/2000      11/15/2001        66 FR 57391
10.304...................................  Exemptions..................      11/17/2000      11/15/2001        66 FR 57391
11.101...................................  Removal of control devices..      11/17/2000      11/15/2001        66 FR 57391
11.102...................................  Operation of motor vehicles.      11/17/2000      11/15/2001        66 FR 57391
11.103...................................  Four-cycle gasoline powered       11/17/2000      11/15/2001        66 FR 57391
                                            vehicles.
14.101...................................  Notice of violation.........      11/17/2000      11/15/2001        66 FR 57391
14.102...................................  Order to take corrective          11/17/2000      11/15/2001        66 FR 57391
                                            action.
14.103...................................  Appearance before the             11/17/2000      11/15/2001        66 FR 57391
                                            control board.
14.104...................................  Other remedies..............      11/17/2000      11/15/2001        66 FR 57391
14.105...................................  Credible evidence...........      11/17/2000      11/15/2001        66 FR 57391
14.106...................................  Administrative review.......      11/17/2000      11/15/2001        66 FR 57391
14.107...................................  Control board hearings......      11/17/2000      11/15/2001        66 FR 57391
14.108...................................  Judicial review.............      11/17/2000      11/15/2001        66 FR 57391
15.101...................................  General provisions..........      11/17/2000      11/15/2001        66 FR 57391
15.102...................................  Criminal penalties..........      11/17/2000      11/15/2001        66 FR 57391
15.103...................................  Civil penalties.............      11/17/2000      11/15/2001        66 FR 57391
15.104...................................  Solid fuel burning device         11/17/2000      11/15/2001        66 FR 57391
                                            penalties.
15.105...................................  Non-compliance penalties....      11/17/2000      11/15/2001        66 FR 57391
Appendix A...............................  Maps........................      11/17/2000      11/15/2001        66 FR 57391
Appendix B...............................  Missoula's Emergency Episode      11/17/2000      11/15/2001        66 FR 57391
                                            Avoidance Plan.
Appendix D...............................  Oxygenated fuels program          11/17/2000      11/15/2001        66 FR 57391
                                            sampling requirements for
                                            blending facilities.
List of Acronyms.........................  List of Acronyms............      11/17/2000      11/15/2001        66 FR 57391
                                           Missoula City County Air
                                            Pollution Control Program
                                            Regulations, Table of
                                            Contents, Acronyms and
                                            Appendices, Table of
                                            Contents.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     (v) Yellowstone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation 002--Open Burning, A..........  Definitions.................       9/24/1999       8/13/2001        66 FR 42427
Regulation 002--Open Burning, B..........  Incorporation by Reference..       9/24/1999       8/13/2001        66 FR 42427

[[Page 320]]

 
Regulation 002--Open Burning, C..........  Prohibited Open Burning--          9/24/1999       8/13/2001        66 FR 42427
                                            When Permit Required.
Regulation 002--Open Burning, D..........  Minor Open Burning Source          9/24/1999       8/13/2001        66 FR 42427
                                            Restriction.
Regulation 002--Open Burning, E..........  Major Open Burning Source          9/24/1999       8/13/2001        66 FR 42427
                                            Restriction.
Regulation 002--Open Burning, F..........  Special Burning Periods.....       9/24/1999       8/13/2001        66 FR 42427
Regulation 002--Open Burning, G..........  Fire Fighter Training.......       9/24/1999       8/13/2001        66 FR 42427
Regulation 002--Open Burning, H..........  Conditional Air Quality Open        6/7/2002       11/5/2003        68 FR 62529
                                            Burning Permits.
Regulation 002--Open Burning, I..........  Emergency Open Burning             9/24/1999       8/13/2001        66 FR 42427
                                            Permits.
Regulation 002--Open Burning, J..........  Commercial Film Production         9/24/1999       8/13/2001        66 FR 42427
                                            Open Burning.
Regulation 002--Open Burning, K..........  Fees........................       9/24/1999       8/13/2001        66 FR 42427
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) EPA-approved source-specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                   State effective      Notice of final
                 Title/subject                           date              rule date            NFR citation
----------------------------------------------------------------------------------------------------------------
                                               (1) Cascade County
----------------------------------------------------------------------------------------------------------------
1985 December 5 Stipulation and 1985 October 20  12/5/1985            9/7/1990             55 FR 36812
 Permit for Montana Refining Company. In the
 matter of the Montana Refining Company,
 Cascade County; compliance with ARM 16.8.811,
 ambient air quality standard for carbon
 monoxide.
----------------------------------------------------------------------------------------------------------------
                                              (2) Deer Lodge County
----------------------------------------------------------------------------------------------------------------
1978 November 16 Order for Anaconda Copper       11/16/1978           1/10/1980            45 FR 2034
 Smelter. In the Matter of the Petition of the
 Department of Health and Environmental
 Sciences for an Order adopting a Sulfur Oxides
 Control Strategy for the Anaconda Copper
 Smelter at Anaconda, Montana, and requiring
 the Anaconda Company to comply with the
 Control Strategy.
----------------------------------------------------------------------------------------------------------------
                                               (3) Flathead County
----------------------------------------------------------------------------------------------------------------
Air Quality Permit 2667-M, Dated 1/24/92. Plum  1/24/1992            4/14/1994            59 FR 17700
 Creek Manufacturing, Inc.
Stipulation--A-1 Paving, In the Matter of        9/17/1993            3/19/1996            61 FR 11153
 Compliance of A-1 Paving, Kalispell, Montana.
Stipulation--Equity Supply Company, In the       9/17/1993            3/19/1996            61 FR 11153
 Matter of Compliance of Equity Supply Company.
Stipulation--Flathead Road Department 1, In     9/17/1993            3/19/1996            61 FR 11153
 the Matter of Compliance of Flathead Road
 Department, Kalispell, Montana.
Stipulation--Flathead Road Department 2, In     9/17/1993            3/19/1996            61 FR 11153.
 the Matter of Compliance of Flathead Road
 Department, Kalispell, Montana.
Stipulation--Klingler Lumber Company, In the     9/17/1993            3/19/1996            61 FR 11153
 Matter of Compliance of Klinger Lumber
 Company, Inc., Kalispell, Montana.
Stipulation--McElroy & Wilkens, In the Matter    9/17/1993            3/19/1996            61 FR 11153
 of Compliance of McElroy and Wilkens, Inc.,
 Kalispell, Montana.
Stipulation--Montana Mokko, In the Matter of     9/17/1993            3/19/1996            61 FR 11153
 Compliance of Montana Mokko, Kalispell,
 Montana.
Stipulation--Pack and Company, In the Matter of  9/7/1993             3/19/1996            61 FR 11153
 Compliance of Pack and Company, Inc.,
 Kalispell, Montana.
Stipulation--Pack Concrete, In the Matter of     9/17/1993            3/19/1996            61 FR 11153
 Compliance of Pack Concrete, Inc., Kalispell,
 Montana.
Stipulation--Plum Creek, In the Matter of        9/17/1993            3/19/1996            61 FR 11153
 Compliance of Plum Creek Manufacturing, L.P.,
 Kalispell, Montana.
----------------------------------------------------------------------------------------------------------------
                                           (4) Lewis and Clark County
----------------------------------------------------------------------------------------------------------------
Total Suspended Particulate NAAQS--East Helena,  4/24/1979            1/10/1980            45 FR 2034
 ASARCO Application for Revisions of Montana
 State Air Quality Control Implementation Plan--
 Only as it applies to Total Suspended
 Particulate.
Sulfur Dioxide NAAQS--Board Orders,              3/15/1994            1/27/1995            60 FR 5313
 Stipulations, Exhibits, and Attachments,
 Asarco Stipulation--1994 March 15.

[[Page 321]]

 
Sulfur Dioxide NAAQS--Board Orders,              3/15/1994            1/27/1995            60 FR 5313
 Stipulations, Exhibits, and Attachments,
 Exhibit A--Asarco Emission Limitations and
 Conditions, Asarco Incorporated, East Helena,
 Montana.
Asarco Board Order--1994 March 18. In the        3/18/1994            1/27/1995            60 FR 5313
 Matter of the Application of the Department of
 Health and Environmental Sciences for Revision
 of the Montana State Air Quality Control
 Implementation Plan Relating to Control of
 Sulfur Dioxide Emissions from the Lead Smelter
 Located at East Helena, Montana, owned and
 operated by Asarco Incorporated.
Lead NAAQS--Board Orders, Stipulations,          6/30/1995            6/18/2001            66 FR 32760
 Exhibits, and Attachments, American Chemet
 Stipulation--1995 June 30.
Lead NAAQS--Board Orders, Stipulations,          8/4/1995             6/18/2001            66 FR 32760
 Exhibits, and Attachments, American Chemet
 Board Order--1995 August 4.
Lead NAAQS--Board Orders, Stipulations,          8/4/1995             6/18/2001            66 FR 32760
 Exhibits, and Attachments, Exhibit A--American
 Chemet Emission Limitations and Conditions,
 American Chemet Corporation, East Helena,
 Montana.
Lead NAAQS--Board Orders, Stipulations,          6/11/1996            6/18/2001            66 FR 32760
 Exhibits, and Attachments, Asarco Stipulation--
 1996 June 11.
Lead NAAQS--Board Orders, Stipulations,          6/26/1996            6/18/2001            66 FR 32760
 Exhibits, and Attachments, Asarco Board Order--
 1996 June 26.
Lead NAAQS--Board Orders, Stipulations,          6/26/1996            6/18/2001            66 FR 32760
 Exhibits, and Attachments, Exhibit A--Asarco
 Emission Limitations and Conditions with
 attachments 1-7, Asarco Lead Smelter, East
 Helena, Montana.
Lead NAAQS--Board Orders, Stipulations,          8/28/1998            6/18/2001            66 FR 32760
 Exhibits, and Attachments, Asarco Stipulation--
 1998 August 13.
Lead NAAQS--Board Orders, Stipulations,          8/28/1998            6/18/2001            66 FR 32760
 Exhibits, and Attachments, Asarco Board Order--
 1998 August 28.
Lead NAAQS--Board Orders, Stipulations,          9/15/2000            6/18/2001            66 FR 32767
 Exhibits, and Attachments, Asarco Stipulation--
 2000 July 18.
Lead NAAQS--Board Orders, Stipulations,          9/15/2000            6/18/2001            66 FR 32767
 Exhibits, and Attachments, Asarco Board Order--
 2000 September 15.
----------------------------------------------------------------------------------------------------------------
                                               (5) Lincoln County
----------------------------------------------------------------------------------------------------------------
Board Order--1994 December 16 (Stimson Lumber).  12/16/1994           9/30/1996            61 FR 51014
 In the Matter of Compliance of Stimson Lumber
 Company, Libby, Montana.
Air Quality Permit 2627-M Dated 7/25/91.        3/19/1993            8/30/1994            59 FR 44627
 Stimson Lumber Company (formerly Champion
 International Corp).
Stipulation--Stimson Lumber. In the Matter of    12/16/1994           9/30/1996            61 FR 51014
 Compliance of Stimson Lumber Company, Libby,
 Montana.
----------------------------------------------------------------------------------------------------------------
                                               (6) Missoula County
----------------------------------------------------------------------------------------------------------------
Air Quality Permit 2303M, Dated 3/20/92.        3/20/1992            1/18/1994            59 FR 2537
 Louisiana-Pacific Corporation.
Air Quality Permit 2589M, Dated 1/23/92. Stone  1/24/1992            1/18/1994            59 FR 2537
 Container Corporation.
----------------------------------------------------------------------------------------------------------------
                                               (7) Rosebud County
----------------------------------------------------------------------------------------------------------------
1980 October 22 Permit for Western Energy        10/22/1980           4/26/1985            50 FR 16475
 Company..
----------------------------------------------------------------------------------------------------------------
                                              (8) Silver Bow County
----------------------------------------------------------------------------------------------------------------
Air Quality Permit 1636-06 dated 8/22/96.       8/22/1996            12/6/1999            64 FR 68034
 Rhone-Poulenc Basic Chemicals Company.
Air Quality Permit 1749-05 dated 1/5/94.        1/5/1994             3/22/1995            60 FR 15056
 Montana Resources, Inc.
----------------------------------------------------------------------------------------------------------------
                                             (9) Yellowstone County
----------------------------------------------------------------------------------------------------------------
Cenex June 12, 1998 Board Order and              6/12/1998            5/2/2002             67 FR 22168
 Stipulation. In the Matter of the Application
 of the Department of Health and Environmental
 Sciences for Revision of the Montana State Air
 Quality Control Implementation plan Relating
 to Control of Sulfur Dioxide Emissions in the
 Billings/Laurel Area.
Cenex June 12, 1998 Exhibit A (with 3/17/00      3/17/2000            5/22/2003            68 FR 27908
 Revisions) Emission Limitations and Other
 Conditions.
Cenex March 17, 2000 Board Order and             3/17/2000            5/22/2003            68 FR 27908
 Stipulation. In the Matter of the Application
 of the Department of Environmental Quality for
 Revision of the Montana State Air Quality
 Control Implementation Plan Relating to
 Control of Sulfur Dioxide Emissions in the
 Billings/Laurel Area.
Conoco June 12, 1998 Board Order and             6/12/1998            5/2/2002             67 FR 22168
 Stipulation. In the Matter of the Application
 of the Department of Health and Environmental
 Sciences for Revision of the Montana State Air
 Quality Control Implementation plan Relating
 to Control of Sulfur Dioxide Emissions in the
 Billings/Laurel Area.
Conoco June 12, 1998 Exhibit A. Emission         6/12/1998            5/2/2002             67 FR 22168
 Limitations and Other Conditions.

[[Page 322]]

 
Exxon June 12, 1998 Board Order and              6/12/1998            5/2/2002             67 FR 22168
 Stipulation. In the Matter of the Application
 of the Department of Health and Environmental
 Sciences for Revision of the Montana State Air
 Quality Control Implementation Plan Relating
 to Control of Sulfur Dioxide Emissions in the
 Billings/Laurel Area.
Exxon June 12, 1998 Exhibit A (with 3/17/00      3/17/2000            5/22/2003            68 FR 27908
 Revisions). Emission Limitations and Other
 Conditions.
Exxon March 17, 2000 Board Order and             3/17/2000            5/22/2003            68 FR 27908
 Stipulation. In the Matter of the Application
 of the Department of Environmental Quality for
 Revision of the Montana State Air Quality
 Control Implementation Plan Relating to
 Control of Sulfur Dioxide Emissions in the
 Billings/Laurel Area.
Montana Power June 12, 1998 Board Order and      6/12/1998            5/2/2002             67 FR 22168
 Stipulation. In the Matter of the Application
 of the Department of Health and Environmental
 Sciences for Revision of the Montana State Air
 Quality Control Implementation plan Relating
 to Control of Sulfur Dioxide Emissions in the
 Billings/Laurel Area.
Montana Power June 12, 1998 Exhibit A, Emission  6/12/1998            5/2/2002             67 FR 22168
 Limitations and Conditions.
Montana Sulphur & Chemical Company June 12,      6/12/1998            5/2/2002             67 FR 22168
 1998 Board Order and Stipulation. In the
 Matter of the Application of the Department of
 Health and Environmental Sciences for Revision
 of the Montana State Air Quality Control
 Implementation plan Relating to Control of
 Sulfur Dioxide Emissions in the Billings/
 Laurel Area.
Montana Sulphur & Chemical Company June 12,      6/12/1998            5/2/2002             67 FR 22168
 1998 Exhibit A. Emission Limitations and Other
 Conditions.
Western Sugar June 12, 1998 Board Order and      6/12/1998            5/2/2002             67 FR 22168.
 Stipulation. In the Matter of the Application
 of the Department of Health and Environmental
 Sciences for Revision of the Montana State Air
 Quality Control Implementation plan Relating
 to Control of Sulfur Dioxide Emissions in the
 Billings/Laurel Area.
Western Sugar June 12, 1998 Exhibit A. Emission  6/12/1998            5/2/2002             67 FR 22168
 Limitations and Other Conditions.
Yellowstone Energy Limited Partnership June 12,  6/12/1998            5/2/2002             67 FR 22168
 1998 Board Order and Stipulation. In the
 Matter of the Application of the Department of
 Health and Environmental Sciences for Revision
 of the Montana State Air Quality Control
 Implementation Plan Relating to Control of
 Sulfur Dioxide Emissions in the Billings/
 Laurel Area.
Yellowstone Energy Limited Partnership June 12,  3/17/2000            5/22/2003            68 FR 27908
 1998 Exhibit A (with 3/17/00 revisions)
 Emission Limitations and Other Conditions.
Yellowstone Energy Limited Partnership March     3/17/2000            5/22/2003            68 FR 27908
 17, 2000 Board Order and Stipulation. In the
 Matter of the Application of the Department of
 Environmental Quality for Revision of the
 Montana State Air Quality Control
 Implementation Plan Relating to Control of
 Sulfur Dioxide Emissions in the Billings/
 Laurel Area.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-approved nonregulatory provisions.

----------------------------------------------------------------------------------------------------------------
                                                                                 Notice of
                        Title/Subject                              State        final rule       NFR Citation
                                                              effective date       date
----------------------------------------------------------------------------------------------------------------
                                                  (1) Statewide
----------------------------------------------------------------------------------------------------------------
Emergency Episode Avoidance Plan............................       6/23/2004        1/3/2006          71 FR 19.
Montana State Department of Health and Environmental              12/31/1971       1/16/1986        51 FR 2397.
 Sciences, Air Quality Bureau, Sampling and Analytical
 Procedures,................................................
Nonregulatory Provisions, 40 CFR 52.1394, 1997 Ozone              12/22/2009       7/22/2011       76 FR 43918.
 Infrastructure Certification...............................
Nonregulatory Provisions, Interstate Transport, Rule               2/12/2007       2/26/2008       73 FR 10150.
 Declaration Satisfying the Requirements of 110(a)(D)(2)(i)
 of the CAA for 1997 8-hr Ozone and PM2.5 Standards.........
Infrastructure Requirements for the 1997 and 2006 PM2.5                  N/A       7/30/2013       78 FR 45864.
 National Ambient Air Quality Standards.....................
Interstate Transport of Pollution for the 2006 PM2.5 NAAQS..             N/A       7/30/2013       78 FR 45869.
Infrastructure Requirements for the 2008 Lead, 2008 8-hour               N/A       4/20/2016        81 FR 23186
 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 National Ambient
 Air Quality Standards......................................
Infrastructure Requirements, Interstate Transport of                     N/A       4/20/2016        81 FR 23186
 Pollution 110(a)(2)(D)(ii) for the 1997 and 2006 PM2.5
 NAAQS......................................................
Montana Code Annotated 2-2-121(2)(e) and 2-2-121(8).........             N/A       4/20/2016        81 FR 23186
----------------------------------------------------------------------------------------------------------------
                                               (2) Cascade County
----------------------------------------------------------------------------------------------------------------
Board Order--2000 October 16, Approval of Amendment for           10/16/2000       6/12/2001       66 FR 31548.
 Cascade County's Air Pollution Control Program.............

[[Page 323]]

 
Great Falls Carbon Monoxide (CO)--Maintenance Plan, State of             N/A        4/1/2015        80 FR 17331
 Montana Air Quality Control Implementation Plan, Cascade
 County Carbon Monoxide Limited Maintenance Plan, Chapter 7,
 Great Falls Carbon Monoxide (CO) Limited Maintenance Plan
 and the Associated Alternative Monitoring Strategy.........
----------------------------------------------------------------------------------------------------------------
                                               (3) Flathead County
----------------------------------------------------------------------------------------------------------------
Board Order--1991 November 15. In the Matter of the               11/15/1991       4/14/1994       59 FR 17700.
 Application of the Cities of Columbia Falls and Kalispell
 and the County of Flathead for Approval of a Local Air
 Pollution Control Program..................................
Board Order--1993 September 17. In the Matter of Compliance        9/17/1993       3/19/1996       61 FR 11153.
 of Named Stationary Sources................................
Board Order--1994 May 20. In the Matter of the Application         5/20/1994       3/19/1996       61 FR 11153.
 of the Cities of Columbia Falls and Kalispell and the
 County of Flathead for Approval of a Local Air Pollution
 Control Program............................................
Kalispell Particulate Matter (PM-10) Attainment Plan, PM-10   ..............       3/19/1996       61 FR 11153.
 SIP Commitment, Commitment Letter..........................
Particulate Matter (PM-10)--Plan Summary, Columbia Falls
 Particulate Matter (PM-10) Attainment Plan.................
Particulate Matter (PM-10)--Plan Summary, Plan Summary,
 Kalispell Particulate Matter (PM-10) Attainment Plan.......
Resolution 867, Adopting Flathead County Air Pollution            11/15/1991       4/14/1994       59 FR 17700.
 Control Program............................................
Resolution 867B, Adopting Flathead County Air Pollution            10/3/1991       3/19/1996       61 FR 11153.
 Control Program............................................
Stipulation--1991 November 15, In the Matter of the               11/15/1991       4/14/1994       59 FR 17700.
 Application of the Cities of Columbia Falls and Kalispell
 and the County of Flathead for Approval of Local Air
 Pollution Control Program..................................
----------------------------------------------------------------------------------------------------------------
                                           (4) Lewis and Clark County
----------------------------------------------------------------------------------------------------------------
Lead NAAQS--Plan Summary, Plan Summary, East Helena Lead
 Attainment Plan............................................
Sulfur Dioxide NAAQS--Plan Summary, Plan Summary, East
 Helena Sulfur Dioxide (SO2) Attainment Plan................
Total Suspended Particulate NAAQS--East Helena, East Helena   ..............       1/10/1980        45 FR 2034.
 Section of Chapter 5 of SIP, 4-6-79........................
----------------------------------------------------------------------------------------------------------------
                                               (5) Lincoln County
----------------------------------------------------------------------------------------------------------------
Board Orders, Board Order--1991 November 15, In the Matter        11/15/1991       8/30/1994       59 FR 44627.
 of the Application of the City of Libby and County of
 Lincoln for Approval of its Local Air Pollution Control
 Program....................................................
Board Orders, Board Order--1993 March 19, In the Matter of         3/19/1993       8/30/1994       59 FR 44627.
 the Application of the City of Libby and County of Lincoln
 for Approval of Amendments to their Local Air Pollution
 Control Program............................................
Board Orders, Board Order--1994 December 16, In the Matter        12/16/1994       9/30/1996       61 FR 51014.
 of the Application of the City of Libby and County of
 Lincoln for Approval of Amendments to the Local Air
 Pollution Control Program..................................
Board Orders, Board Order--1996 February 1, In the Matter of        2/1/1996       9/30/1996       61 FR 51014.
 the Application of the City of Libby and County of Lincoln
 for Approval of Amendments to the Local Air Pollution
 Control Program............................................
Board Orders, Board Order; March 23, 2006, In the Matter of        3/23/2006       3/17/2011       76 FR 14584.
 the Application of Lincoln County for Approval of
 Amendments to its Local Air Pollution Control Program......
Particulate Matter (PM-10)--Plan Summary, Plan Summary,       ..............       3/17/2011       76 FR 14584.
 Libby Particulate Matter (PM-10) Attainment Plan...........
Resolution, 276.............................................       3/19/1993       8/30/1994       59 FR 44627.
Resolution, 377.............................................       9/27/1995       9/30/1996       61 FR 51014.
Resolution, 725.............................................       3/23/2006       3/17/2011       76 FR 14584.
State of Montana Air Quality Control Implementation Plan,         12/21/1992       8/30/1994       59 FR 44627.
 Lincoln County Air Quality Control Program, Chapter 27,
 Libby PM-10 SIP Commitments, 27.10.18,.....................
Stipulation--1991 October 7, In the Matter of the                 11/15/1991       8/30/1994       59 FR 44627.
 Application of the City of Libby and County of Lincoln for
 Approval of its Local Air Pollution Control Program........
Stipulation--1993 March 18, In the Matter of the Application       3/19/1993       8/30/1994       59 FR 44627.
 of the City of Libby and County of Lincoln for Approval of
 Amendments to their Local Air Pollution Control Program....
----------------------------------------------------------------------------------------------------------------

[[Page 324]]

 
                                               (6) Missoula County
----------------------------------------------------------------------------------------------------------------
Board Order--1991 June 28, In the matter of the Application        1/24/1992       1/18/1994        59 FR 2537.
 of the City of Missoula and the County of Missoula for
 Approval of Amendments to its Local Air Pollution Control
 Program....................................................
Board Orders, Board Order--1992 March 20, In the matter of         3/20/1992       1/18/1994        59 FR 2537.
 the Application of the City of Missoula and the County of
 Missoula for Approval of Amendments to its Local Air
 Pollution Control Program..................................
Board Order--1992 September 25, In the matter of the               9/25/1992       11/8/1994       59 FR 55585.
 Application of the City of Missoula and the County of
 Missoula for Approval of Amendments to its Local Air
 Pollution Control Program relating to the adoption of a
 Carbon Monoxide Control Plan...............................
Board Order--1993 November 19, In the matter of the               11/19/1993      12/13/1994       59 FR 64139.
 Application of the City of Missoula and the County of
 Missoula for Approval of Amendments to its Local Air
 Pollution Control Program..................................
Board Order--1994 September 16, In the matter of the               9/16/1994       8/30/1995       60 FR 45051.
 Application of the City of Missoula and the County of
 Missoula for Approval of Amendments to its Local Air
 Pollution Control Program..................................
Board Order--1997 October 31, In the matter of the                10/31/1997        1/3/2000          65 FR 16.
 Application of the City of Missoula and the County of
 Missoula for Approval of Amendments to its Local Air
 Pollution Control Program..................................
Board Order--2000 November 30, In the matter of the               11/17/2000      11/15/2001       66 FR 57391.
 Application of the City of Missoula and the County of
 Missoula for Approval of Amendments to its Local Air
 Pollution Control Program..................................
Missoula Carbon Monoxide (CO) Maintenance Plan, State of            3/7/2005       8/17/2007       72 FR 46158.
 Montana Air Quality Control Implementation Plan, Chapter
 32, The Missoula County Carbon Monoxide Redesignation
 Request and Maintenance Plan...............................
Particulate Matter (PM-10)--Plan Summary, Plan Summary,
 Missoula Particulate Matter (PM-10)--Attainment Plan
 Summary....................................................
Stipulations, Stipulation--1991 April 29, In the matter of         1/24/1992       1/18/1994        59 FR 2537.
 the Application of the City of Missoula and the County of
 Missoula for Approval of Amendments to its Local Air
 Pollution Control Program..................................
----------------------------------------------------------------------------------------------------------------
                                               (7) Sanders County
----------------------------------------------------------------------------------------------------------------
Board Order, Board Order--1997 June 20, In the Matter of the       6/20/1997       1/22/2004        69 FR 3011.
 Application of The Department of Environmental Quality for
 Inclusion of a Control Plan for PM-10 Emissions in The
 Thompson Falls Area Into the Montana State Implementation
 Plan.......................................................
Maintenance Agreement, Maintenance Agreement--1997 May,            6/20/1997       1/22/2004        69 FR 3011.
 Maintenance Agreement Between The City of Thompson Falls,
 Department of Transportation, and Department of
 Environmental Quality for Street Sweeping Responsibilities.
Particulate Matter (PM-10)--Plan Summary, Plan Summary,
 Thompson Falls Particulate Matter (PM-10) Control Plan.....
----------------------------------------------------------------------------------------------------------------
                                              (8) Silver Bow County
----------------------------------------------------------------------------------------------------------------
Board Order--1991 November 15, In the Matter of the               11/15/1991       3/11/1994       59 FR 11550.
 Application of Butte-Silver Bow Council of Commissioners
 for Approval of its Local Air Pollution Control Program....
Board Order--1994 May 20, In the Matter of the Application         5/20/1994       3/22/1995       60 FR 15056.
 of Butte-Silver Bow Council of Commissioners for Approval
 of Amendments to its Local Air Pollution Control Program...
Ordinance 330, Establishing Residential Wood Burning and          11/15/1991       3/11/1994       59 FR 11550.
 Idling Diesel Vehicle and Locomotive Requirements..........
Ordinance 468, Contingency Measure Requirements for Liquid         5/20/1994       3/22/1995       60 FR 15056.
 De-icers...................................................
Particulate Matter (PM-10)--Plan Summary, Plan Summary,
 Butte Particulate Matter (PM-10) Attainment Plan...........
Resolutions, Resolution 1307, Establishing Sanding and Chip         3/6/1991       3/11/1994       59 FR 11550.
 Seal Material Standards and Street Sweeping and Flushing
 Policies...................................................
State of Montana Air Quality Control Implementation Plan,           7/9/1992       3/11/1994       59 FR 11550.
 Butte/Silver Bow Air Quality Control Program, Chapter 47,
 Butte PM-10 SIP Commitments, 47.10.18......................
Stipulation--1991 October 7, In the matter of compliance of       11/15/1991       3/11/1994       59 FR 11550.
 the City and County of Butte-Silver Bow and the Montana
 Department of Transportation...............................
Stipulation--1991 October 8, In the matter of the                  3/20/1992       3/11/1994       59 FR 11550.
 Application of Butte-Silver Bow Council of Commissioners
 for Approval of its Local Air Pollution Control Program....
----------------------------------------------------------------------------------------------------------------

[[Page 325]]

 
                                             (9) Yellowstone County
----------------------------------------------------------------------------------------------------------------
Billings Carbon Monoxide (CO)--Plan Summary, Plan Summary,
 Billings Carbon Monoxide (CO) Maintenance Plan.............
Billings Carbon Monoxide (CO)--Maintenance Plan, State of                N/A       3/30/2015        80 FR 16571
 Montana Air Quality Control Implementation Plan,
 Yellowstone County Carbon Monoxide Limited Maintenance
 Plan, Chapter 56, Billings Carbon Monoxide (CO) Limited
 Maintenance Plan and the associated Alternative Monitoring
 Strategy...................................................
Board Order, Board Order--1999 September 24, Approval of           9/24/1999       8/13/2001       66 FR 42427.
 Amendments to Yellowstone County's Air Pollution Control
 Program....................................................
Sulfur Dioxide--Board Orders, Stipulations, Exhibits and           1/25/1978        9/6/1979       44 FR 51977.
 Attachments, 1977 December 1--Stipulation, In the matter of
 the Proposed Revision of the State Implementation Plan for
 the Billings Air Quality Maintenance Area..................
Sulfur Dioxide--Board Orders, Stipulations, Exhibits and           1/25/1978        9/6/1979       44 FR 51977.
 Attachments, 1978 January 25--Board Order, In the matter of
 the Proposed Revision of the Montana State Implementation
 Plan for the Billings Air Quality Maintenance Area.........
Sulfur Dioxide--Board Orders, Stipulations, Exhibits and           6/12/1998        5/2/2002       67 FR 22168.
 Attachments, Montana Power June 12, 1998 Exhibit A,
 Emission Limitations and Other Conditions..................
Billings 2010 SO2 Maintenance Plan..........................      12/14/2015       5/10/2016        81 FR 28719
----------------------------------------------------------------------------------------------------------------


[80 FR 22911, Apr. 24, 2015, as amended at 80 FR 50584, Aug. 20, 2015; 
81 FR 23186, Apr. 20, 2016; 81 FR 28719, May 10, 2016]

    Effective Date Note: At 82 FR 24855, May 31, 2017, Sec. 52.1370(c) 
was amended under ``(i) Administrative Rules of Montana, Subchapter 01, 
General Provisions'' by revising entries ``17.8.102'' and ``17.8.103'', 
effective Aug. 29, 2017. For the convenience of the user, the added and 
revised text is set forth as follows:



Sec. 52.1370  Identification of plan.

                                * * * * *

    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                     State
        State citation            Rule title       effective       EPA final       Final rule        Comments
                                                     date          rule date        citation
----------------------------------------------------------------------------------------------------------------
                                                  (1) Statewide
----------------------------------------------------------------------------------------------------------------
                     (i) Administrative Rules of Montana, Subchapter 01, General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.102.....................  Incorporation           6/26/15         5/31/17  82 FR 24853....
                                by Reference.
17.8.103.....................  Incorporation           6/26/15         5/31/17  82 FR 24853....
                                by Reference.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *



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

[[Page 326]]

 
Missoula Intrastate AQCR 144.......................................             III              III              III              III              III
--------------------------------------------------------------------------------------------------------------------------------------------------------


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



Sec. 52.1372  Approval status.

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

[45 FR 2036, Jan. 10, 1980]



Sec. 52.1373  Control strategy: Carbon monoxide.

    (a) On July 8, 1997, the Governor of Montana submitted revisions to 
the SIP narrative for the Missoula carbon monoxide control plan.
    (b) Revisions to the Montana State Implementation Plan, revised 
Carbon Monoxide Maintenance Plan for Billings, as submitted by the 
Governor's Designee on July 13, 2011, and the associated Alternative 
Monitoring Strategy for Billings, as submitted by the Governor's 
Designee on June 22, 2012.
    (c) Revisions to the Montana State Implementation Plan, revised 
Carbon Monoxide Maintenance Plan for Great Falls, as submitted by the 
Governor's Designee on July 13, 2011, and the associated Alternative 
Monitoring Strategy for Great Falls, as submitted by the Governor's 
Designee on June 22, 2012.
    (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; 80 FR 16573, Mar. 30, 
2015; 80 FR 17333, Apr. 1, 2015]



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.
    (c) Determination of Attainment. EPA has determined, July 14, 2015, 
based on quality-assured air monitoring data for 2007-2009 and 2012-2014 
ambient air quality data, that the Libby, MT fine particulate matter 
(PM2.5) nonattainment area attained the 1997 annual 
PM2.5 national ambient air quality standards (NAAQS). 
Therefore, EPA has met the requirement of CAA section 188(b)(2) to 
determine, based on the area's air quality as of the attainment date or 
as expeditiously as practicable, whether the area attained the 1997 
annual PM2.5 NAAQS. Additionally, 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

[[Page 327]]

standard for as long as this area continues to meet the 1997 annual 
PM2.5 NAAQS. If EPA determines, after notice-and-comment 
rulemaking, that this area no longer meets the 1997 annual 
PM2.5 NAAQS, the corresponding determination of attainment 
for that area shall be withdrawn.

[64 FR 68038, Dec. 6, 1999, as amended at 66 FR 55105, Nov. 1, 2001; 80 
FR 40912, July 14, 2015]



Sec. 52.1375  Control strategy: Lead.

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

[66 FR 55098, Nov. 1, 2001]



Sec. 52.1376  Extensions.

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

[61 FR 16062, Apr. 11, 1996]



Sec. 52.1377  [Reserved]



Sec. 52.1378  General requirements.

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

[[Page 328]]

public. Therefore, section 69-3918 is disapproved.

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



Sec. Sec. 52.1380-52.1381  [Reserved]



Sec. 52.1382  Prevention of significant deterioration of air quality.

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

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



Sec. 52.1384  Emission control regulations.

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

[[Page 329]]

12(B) for its review and approval of the revised document,'' in section 
12(A)(7) of exhibit A; and
    (viii) Section 12(B) of exhibit A.
    (2) Paragraphs 15 and 16 of the stipulation by the MDEQ and Asarco 
adopted by order issued on June 26, 1996 by the MBER are disapproved. 
Paragraph 20 of the stipulation by the MDEQ and American Chemet adopted 
by order issued on August 4, 1995 by the MBER is disapproved.
    (c) Administrative Rules of Montana 17.8.324(1)(c) and 2(d) 
(formerly ARM 16.8.1425(1)(c) and (2)(d)) of the State's rule regulating 
hydrocarbon emissions from petroleum products, which were submitted by 
the Governor on May 17, 1994 and later recodified with a submittal by 
the Governor on September 19, 1997, and which allow the discretion by 
the State to allow different equipment than that required by this rule, 
are disapproved. Such discretion cannot be allowed without requiring EPA 
review and approval of the alternative equipment to ensure that it is 
equivalent in efficiency to that equipment required in the approved SIP.
    (d) In Sec. 52.1370(c)(46), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP and incorporated by reference several 
documents. This paragraph identifies those portions of the Billings/
Laurel SO2 SIP that have been disapproved.
    (1) In Sec. 52.1370(c)(46)(i)(A) through (G), certain provisions of 
the documents incorporated by reference were excluded. The following 
provisions that were excluded by Sec. 52.1370(c)(46)(i)(A) through (G) 
are disapproved. We cannot approve these provisions because they do not 
conform to the requirements of the Clean Air Act:
    (i) The following paragraph and portions of sections of the 
stipulation and exhibit A between the Montana Department of 
Environmental Quality and Cenex Harvest Cooperatives adopted by Board 
Order issued on June 12, 1998, by the Montana Board of Environmental 
Review:
    (A) Paragraph 20 of the stipulation;
    (B) The following phrase from section 3(B)(2) of exhibit A: ``or in 
the flare''; and
    (C) The following phrases in section 4(D) of exhibit A: ``or in the 
flare'' and ``or the flare.''
    (ii) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Conoco, Inc., adopted by Board Order issued 
on June 12, 1998, by the Montana Board of Environmental Review.
    (iii) The following paragraphs and portions of sections of the 
stipulation and exhibit A between the Montana Department of 
Environmental Quality and Exxon Company, USA, adopted by Board Order 
issued on June 12, 1998, by the Montana Board of Environmental Review:
    (A) Paragraphs 1 and 22 of the stipulation;
    (B) The following phrase of section 3(E)(4) of exhibit A: ``or in 
the flare''; and
    (C) The following phrases of section 4(E) of exhibit A: ``or in the 
flare'' and ``or the flare.''
    (iv) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Montana Power Company, adopted by Board 
Order issued on June 12, 1998, by Montana Board of Environmental Review.
    (v) The following paragraphs and sections of the stipulation and 
exhibit A 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

[[Page 330]]

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

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



Sec. Sec. 52.1385-52.1386  [Reserved]



Sec. 52.1387  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) [Reserved]

[52 FR 45138, Nov. 24, 1987, as amended at 82 FR 3129, Jan. 10 2017]



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

[[Page 331]]

Montana Board of Health and Environmental Sciences on June 28, 1991 and 
submitted by the Governor of Montana to EPA in a letter dated August 20, 
1991, is disapproved. This rule is inconsistent with section 110(i) of 
the Clean Air Act, which prohibits any State or EPA from granting a 
variance from any requirement of an applicable implementation plan with 
respect to a stationary source.

[59 FR 64139, Dec. 13, 1994]



Sec. 52.1391  Emission inventories.

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

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



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

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

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

    (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,

[[Page 332]]

exhibit A to the stipulation of the Montana Department of Environmental 
Quality and that facility, adopted by the Montana Board of Environmental 
Review on either June 12, 1998, or March 17, 2000.
    (9) 1998 Exhibit means for a given facility named in paragraph (a) 
of this section, the exhibit adopted by the Montana Board of 
Environmental Review on June 12, 1998.
    (10) 2000 Exhibit means for a given facility named in paragraph (a) 
of this section, the exhibit adopted by the Montana Board of 
Environmental Review on March 17, 2000.
    (11) Flare means a combustion device that uses an open flame to burn 
combustible gases with combustion air provided by uncontrolled ambient 
air around the flame. This term includes both ground and elevated 
flares.
    (12) The initials Hg mean mercury.
    (13) Hourly means or refers to each clock hour in a calendar day.
    (14) Hourly Average means an arithmetic average of all valid and 
complete 15-minute data blocks in a clock hour. Four (4) valid and 
complete 15-minute data blocks are required to determine an hourly 
average for each CEMS per clock hour.


Exclusive of the above definition, an hourly CEMS average may be 
determined with two (2) valid and complete 15-minute data blocks, for 
two (2) of the 24 hours in any calendar day. A complete 15-minute data 
block for each CEMS shall have a minimum of one (1) data point value; 
however, each CEMS shall be operated such that all valid data points 
acquired in any 15-minute block shall be used to determine the 15-minute 
block's reported concentration and flow rate.
    (15) Hourly Emissions means the pounds per clock hour of 
SO2 emissions from a source (including, but not limited to, a 
flare, stack, fuel oil system, sour water system, or fuel gas system) 
determined using hourly averages and rounded to the nearest tenth (\1/
10\) of a pound.
    (16) The initials H2S mean hydrogen sulfide.
    (17) Integrated sampling means an automated method of obtaining a 
sample from the gas stream to the flare that produces a composite sample 
of individual aliquots taken over time.
    (18) The initials MBER mean the Montana Board of Environmental 
Review.
    (19) The initials MDEQ mean the Montana Department of Environmental 
Quality.
    (20) The initials mm mean millimeters.
    (21) The initials MSCC mean the Montana Sulphur & Chemical Company.
    (22) Pilot gas means the gas used to maintain the presence of a 
flame for ignition of gases routed to a flare.
    (23) Purge gas means a continuous gas stream introduced into a flare 
header, flare stack, and/or flare tip for the purpose of maintaining a 
positive flow that prevents the formation of an explosive mixture due to 
ambient air ingress.
    (24) The initials ppm mean parts per million.
    (25) The initials SCFH mean standard cubic feet per hour.
    (26) The initials SCFM mean standard cubic feet per minute.
    (27) Standard Conditions means (a) 20  deg.C (293.2  deg.K, 527.7 
deg.R, or 68.0  deg.F) and one (1) atmosphere pressure (29.92 inches Hg 
or 760 mm Hg) for stack and flare gas emission calculations, and (b) 
15.6  deg.C (288.7  deg.K, 520.0  deg.R, or 60.3  deg.F) and one (1) 
atmosphere pressure (29.92 inches Hg or 760 mm Hg) for refinery fuel gas 
emission calculations.
    (28) The initials SO2 mean sulfur dioxide.
    (29) The initials SWS mean sour water stripper.
    (30) The term 3-hour emissions means the amount of SO2 
emitted in each of the eight (8) non-overlapping 3-hour periods in a 
calendar day, expressed in pounds and rounded to the nearest tenth (\1/
10\) of a pound, where:

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

    (31) The term 3-hour period means any of the eight (8) non-
overlapping 3-hour periods in a calendar day: Midnight to 3 a.m., 3 a.m. 
to 6 a.m., 6 a.m. to 9 a.m., 9 a.m. to noon, noon to 3 p.m., 3 p.m. to 6 
p.m., 6 p.m. to 9 p.m., 9 p.m. to midnight.
    (32) Turnaround means a planned activity involving shutdown and 
startup

[[Page 333]]

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


The quarterly report shall be certified for accuracy in writing by a 
responsible CHS Inc. official. The quarterly report shall consist of 
both a comprehensive electronic-magnetic report and a written hard copy 
data summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, CHS Inc. shall follow the 
revised format. In addition to submitting the electronic quarterly 
reports to EPA, CHS Inc. shall also record, organize, and archive for at 
least five (5) years the same data, and upon request by EPA, CHS Inc. 
shall provide EPA with any data archived in accordance with this 
provision. The electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm in the gas stream to the flare;
    (B) Hourly average H2S concentrations of the flare pilot 
and purge gases in ppm;
    (C) Hourly average volumetric flow rates in SCFH of the gas stream 
to the flare;
    (D) Hourly average volumetric flow rates in SCFH of the flare pilot 
and purge gases;
    (E) Hourly average temperature (in  deg.F) and pressure (in mm or 
inches of Hg) of the gas stream to the flare;
    (F) Hourly emissions from the flare in pounds per clock hour; and
    (G) Daily calibration data for all flare, pilot gas, and purge gas 
CEMS.
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from each 
flare;
    (B) Periods in which only natural gas or an inert gas was used as 
flare pilot gas or purge gas or both;
    (C) The results of all quarterly Cylinder Gas Audits (CGA), Relative 
Accuracy Audits (RAA), and annual Relative Accuracy Test Audits (RATA) 
for all total sulfur analyzer(s) and H2S analyzer(s), and the 
results of all annual

[[Page 334]]

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

[[Page 335]]

SRU/ATS stack. Emissions from the Jupiter Sulfur SRU flare shall be 
determined in accordance with paragraph (h) of this section and the 
emissions from the Jupiter Sulfur SRU/ATS stack shall be determined 
pursuant to ConocoPhillips' 1998 exhibit (see section 4(A) of the 
exhibit).
    (3) Data reporting requirements. (i) ConocoPhillips shall submit 
quarterly reports on a calendar year basis, beginning with the first 
calendar quarter following May 21, 2008. The quarterly reports shall be 
submitted within 30 days of the end of each calendar quarter. The 
quarterly reports shall be submitted to EPA at the following address: 
Air Program Contact, EPA Montana Operations Office, Federal Building, 10 
West 15th Street, Suite 3200, Helena, MT 59626.


The quarterly report shall be certified for accuracy in writing by a 
responsible ConocoPhillips official. The quarterly report shall consist 
of both a comprehensive electronic-magnetic report and a written hard 
copy data summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, ConocoPhillips shall follow 
the revised format. In addition to submitting the electronic quarterly 
reports to EPA, ConocoPhillips shall also record, organize, and archive 
for at least five (5) years the same data, and upon request by EPA, 
ConocoPhillips shall provide EPA with any data archived in accordance 
with this provision. The electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm in the gas stream to the ConocoPhillips main flare 
and Jupiter Sulfur SRU flare;
    (B) Hourly average H2S concentrations of the 
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge 
gases in ppm;
    (C) Hourly average volumetric flow rates in SCFH of the gas streams 
to the ConocoPhillips main flare and Jupiter Sulfur SRU flare;
    (D) Hourly average volumetric flow rates in SCFH of the 
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge 
gases;
    (E) Hourly average temperature (in  deg.F) and pressure (in mm or 
inches of Hg) of the gas streams to the ConocoPhillips main flare and 
Jupiter Sulfur SRU flare;
    (F) Hourly emissions in pounds per clock hour from the 
ConocoPhillips main flare and Jupiter Sulfur SRU flare; and
    (G) Daily calibration data for all flare, pilot gas, and purge gas 
CEMS.
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from the 
ConocoPhillips main flare and the sum of the combined 3-hour emissions 
from the Jupiter Sulfur SRU/ATS stack and Jupiter Sulfur SRU flare in 
pounds per 3-hour period;
    (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

[[Page 336]]

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

[[Page 337]]

shall be followed except when the H2S concentration in the 
refinery fuel gas stream exceeds 1200 ppmv as measured by the 
H2S CEMS required by section 6(B)(3) of ExxonMobil's 1998 
exhibit (the H2S CEMS.) When such value is exceeded, the 
following compliance monitoring method shall be employed:
    (A) ExxonMobil shall measure the H2S concentration in the 
refinery fuel gas according to the procedures in paragraph (f)(3)(ii)(B) 
of this section and calculate the emissions according to the equations 
in paragraph (f)(3)(ii)(C) of this section.
    (B) Within four (4) hours after the H2S CEMS measures an 
H2S concentration in the refinery fuel gas stream greater 
than 1200 ppmv, ExxonMobil shall initiate sampling of the refinery fuel 
gas stream at the fuel header on a once-per-hour frequency using length-
of-stain detector tubes pursuant to ASTM Method D4810-06, ``Standard 
Test Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain 
Detector Tubes'' (incorporated by reference, see paragraph (j) of this 
section) with the appropriate sample tube range. If the results exceed 
the tube's range, another tube of a higher range must be used until 
results are in the tube's range. ExxonMobil shall continue to use the 
length-of-stain detector tube method at this frequency until the 
H2S CEMS measures an H2S concentration in the 
refinery fuel gas stream equal to or less than 1200 ppmv continuously 
over a 3-hour period.
    (C) When the length-of-stain detector tube method is required, 
SO2 emissions from refinery fuel gas combustion shall be 
calculated as follows: the Hourly emissions shall be calculated using 
equation 1, 3-hour emissions shall be calculated using equation 2, and 
the Daily emissions shall be calculated using equation 3.

Equation 1: EH = K * CH * QH

Where:

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

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

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

[[Page 338]]

(RATA) on the CEMS and notify EPA in writing of each annual RATA a 
minimum of 25 working days prior to actual testing.
    (C) Beginning on May 21, 2008, ExxonMobil shall operate and maintain 
a continuous stack flow rate monitor to measure the stack gas flow rates 
in the Coker CO Boiler stack. Whenever ExxonMobil's Coker unit is 
operating and Coker unit flue gases are exhausted through the Coker CO 
Boiler stack, this CEMS shall be operational and shall achieve a 
temporal sampling resolution of at least one (1) flow rate measurement 
per minute, meet the requirements expressed in the definition of 
``hourly average'' in paragraph (c)(14) of this section, and meet the 
Stack Gas Flow Rate Monitor Performance Specifications of section 6(D) 
of ExxonMobil's 1998 exhibit, except that ExxonMobil shall perform an 
annual Relative Accuracy Test Audit (RATA) on the CEMS and notify EPA in 
writing of each annual RATA a minimum of 25 working days prior to actual 
testing.
    (D) SO2 emissions from the Coker CO Boiler stack shall be 
determined in accordance with the equations in sections 2(A)(1), (8), 
(11)(a), and (16) of ExxonMobil's 1998 exhibit.
    (5) Data reporting requirements. (i) ExxonMobil shall submit 
quarterly reports beginning with the first calendar quarter following 
May 21, 2008. The quarterly reports shall be submitted within 30 days of 
the end of each calendar quarter. The quarterly reports shall be 
submitted to EPA at the following address: Air Program Contact, EPA 
Montana Operations Office, Federal Building, 10 West 15th Street, Suite 
3200, Helena, MT 59626.
    The quarterly report shall be certified for accuracy in writing by a 
responsible ExxonMobil official. The quarterly report shall consist of 
both a comprehensive electronic-magnetic report and a written hard copy 
data summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this section, and, thereafter, ExxonMobil shall follow the 
revised format. In addition to submitting the electronic quarterly 
reports to EPA, ExxonMobil shall also record, organize, and archive for 
at least five (5) years the same data, and upon request by EPA, 
ExxonMobil shall provide EPA with any data archived in accordance with 
this provision. The electronic report shall contain the following:
    (A) Hourly average total sulfur concentrations as H2S or 
SO2 in ppm in the gas stream to the flare(s);
    (B) Hourly average H2S concentrations of the flare pilot 
and purge gases in ppm;
    (C) Hourly average SO2 concentrations in ppm from the 
Coker CO Boiler stack;
    (D) Hourly average volumetric flow rates in SCFH of the flare pilot 
and purge gases;
    (E) Hourly average volumetric flow rates in SCFH in the gas stream 
to the flare(s) and in the Coker CO Boiler stack;
    (F) Hourly average H2S concentrations in ppm from the 
refinery fuel gas system;
    (G) Hourly average refinery fuel gas combustion units' actual fuel 
firing rate in SCFH;
    (H) Hourly average temperature (in  deg.F) and pressure (in mm or 
inches of Hg) of the gas stream to the flare(s);
    (I) Hourly emissions in pounds per clock hour from the flare(s), 
Coker CO Boiler stack, and refinery fuel gas combustion system; and
    (J) Daily calibration data for the CEMS described in paragraphs 
(f)(2)(ii), (f)(3)(ii) and (f)(4)(ii) of this section.
    (iii) The quarterly written report shall contain the following 
information:
    (A) The 3-hour emissions in pounds per 3-hour period from the 
flare(s), Coker CO Boiler stack, and refinery fuel gas combustion 
system;
    (B) Periods in which only natural gas or an inert gas was used as 
flare pilot gas or purge gas or both;
    (C) Daily emissions in pounds per calendar day from the Coker CO 
Boiler stack and refinery fuel gas combustion system;

[[Page 339]]

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

[[Page 340]]

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

[[Page 341]]

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


The quarterly report shall be certified for accuracy in writing by a 
responsible MSCC official. The quarterly report shall consist of both a 
comprehensive electronic-magnetic report and a written hard copy data 
summary report.
    (ii) The electronic report shall be on magnetic or optical media, 
and such submittal shall follow the reporting format of electronic data 
being submitted to the MDEQ. EPA may modify the reporting format 
delineated in this 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;

[[Page 342]]

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

[[Page 343]]

    (h) Flare compliance determining method. (1) Compliance with the 
emission limits in paragraphs (d)(2)(i), (e)(2)(i), (f)(2)(i) and 
(g)(2)(i) of this section shall be determined by measuring the total 
sulfur concentration and volumetric flow rate of the gas stream to the 
flare(s) (corrected to one (1) atmosphere pressure and 68  deg.F) and 
using the methods contained in the flare monitoring plan required by 
paragraph (h)(5) of this section. The volumetric flow rate of the gas 
stream to the flare(s) shall be determined in accordance with the 
requirements in paragraph (h)(2) of this section and the total sulfur 
concentration of the gas stream to the flare(s) shall be determined in 
accordance with paragraph (h)(3) of this section.
    (2) Flare flow monitoring: (i) Within 365 days after receiving EPA 
approval of the flare monitoring plan required by paragraph (h)(5) of 
this section, each facility named in paragraph (a) of this section shall 
install and calibrate, and, thereafter, calibrate, maintain and operate, 
a continuous flow monitoring system capable of measuring the volumetric 
flow of the gas stream to the flare(s) in accordance with the 
specifications contained in paragraphs (h)(2)(iii) through (vi) of this 
section. The flow monitoring system shall require more than one flow 
monitoring device or flow measurements at more than one location if one 
monitor cannot measure the total volumetric flow to each flare.
    (ii) Volumetric flow monitors meeting the proposed volumetric flow 
monitoring specifications below should be able to measure the majority 
of volumetric flow in the gas streams to the flare. However, in rare 
events (e.g., upset conditions) the flow to the flare may exceed the 
range of the monitor. In such cases, or when the volumetric flow monitor 
or monitors are not working, other methods approved by EPA in the flare 
monitoring plan required by paragraph (h)(5) of this section shall be 
used to determine the volumetric flow rate to the flare, which shall 
then be used to calculate SO2 emissions. In quarterly 
reports, sources shall indicate when these other methods are used.
    (iii) The flare gas stream volumetric flow rate shall be measured on 
an actual wet basis, converted to Standard Conditions, and reported in 
SCFH. The minimum detectable velocity of the flow monitoring device(s) 
shall be 0.1 feet per second (fps). The flow monitoring device(s) shall 
continuously measure the range of flow rates corresponding to velocities 
from 0.5 to 275 fps and have a manufacturer's specified accuracy of [5% 
of the measured flow over the range of 1.0 to 275 fps and [20% of the 
measured flow over the range of 0.1 to 1.0 fps. The volumetric flow 
monitor(s) shall feature automated daily calibrations at low and high 
ranges. The volumetric flow monitor(s) shall be calibrated annually 
according to manufacturer's specifications.
    (iv) For correcting flow rate to standard conditions (defined as 68 
deg.F and 760 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

[[Page 344]]

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

[[Page 345]]

sulfur concentrations, which shall then be used to calculate 
SO2 emissions. In quarterly reports, sources shall indicate 
when these other methods are used.
    (2) The total sulfur analyzer(s) shall achieve a temporal sampling 
resolution of at least one (1) concentration measurement per 15 minutes, 
meet the requirements expressed in the definition of ``hourly average'' 
in paragraph (c)(14) of this section, be installed, certified (on a 
concentration basis), and operated in accordance with 40 CFR part 60, 
Appendix B, Performance Specification 5, and be subject to and meet the 
quality assurance and quality control requirements (on a concentration 
basis) of 40 CFR part 60, Appendix F.
    (3) Each affected facility named in paragraph (a) of this section 
shall notify the Air Program Contact at EPA's Montana Operations Office, 
Federal Building, 10 West 15th Street, Suite 3200, Helena, MT 59626, in 
writing of each Relative Accuracy Test Audit a minimum of 25 working 
days prior to the actual testing.
    (B) Grab or integrated total sulfur concentration monitoring: If a 
facility chooses grab or integrated sampling instead of continuous total 
sulfur concentration monitoring, the facility shall comply with the 
methods specified in either paragraph (h)(3)(i)(B)(1) (``Grab 
Sampling'') or (h)(3)(B)(i)(B)(2) (``Integrated Sampling''), and the 
requirements of paragraphs (h)(3)(i)(B)(3) (``Sample Analysis''), 
(h)(3)(i)(B)(4) (``Exemptions''), and (h)(3)(i)(B)(5) (``Missing or 
Unanalyzed Sample'') of this section, as follows:
    (1) Grab Sampling. Each facility that chooses to use grab sampling 
shall meet the following requirements: if the flow rate of the gas 
stream to the flare in any consecutive 15-minute period continuously 
exceeds 0.5 feet per second (fps) and the water seal monitoring device, 
if any, indicates that flow is going to the flare, a grab sample shall 
be collected within 15 minutes. The grab sample shall be collected at a 
location that is representative of the gas combusted in the flare. 
Thereafter, the sampling frequency shall be one (1) grab sample every 
three (3) hours, which shall continue until the velocity of the gas 
stream going to the flare in any consecutive 15-minute period is 
continuously 0.5 fps or less. Samples shall be analyzed according to 
paragraph (h)(3)(i)(B)(3) of this section. The requirements of this 
paragraph (h)(3)(i)(B)(1) shall apply to each flare at a facility for 
which the sampling threshold is exceeded.
    (2) Integrated Sampling. Each facility that chooses to use 
integrated sampling shall meet the following requirements: if the flow 
rate of the gas stream to the flare in any consecutive 15-minute period 
continuously exceeds 0.5 feet per second (fps) and the water seal 
monitoring device, if any, indicates that flow is going to the flare, a 
sample shall be collected within 15 minutes. The sample shall be 
collected at a location that is representative of the gas combusted in 
the flare. The sampling frequency, thereafter, shall 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

[[Page 346]]

sulfur concentration shall be reported as H2S or 
SO2 in ppm.
    (4) Exemptions. For facilities using a sampling method specified in 
either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'') or (h)(3)(i)(B)(2) 
(``Integrated Sampling'') of this section, obtaining a sample is not 
required if flaring is a result of a catastrophic or other unusual 
event, including a major fire or an explosion at the facility, such that 
collecting a sample at the EPA-approved location during the relevant 
period is infeasible or constitutes a safety hazard, provided that the 
owner or operator shall collect a sample at an alternative location if 
feasible, safe, and representative of the flaring event. The owner or 
operator shall demonstrate to EPA that it was infeasible or unsafe to 
collect a sample or to collect a sample at the sampling location 
approved by EPA in the flare monitoring plan required by paragraph 
(h)(5) of this section. The owner or operator shall also demonstrate to 
EPA that any sample collected at an alternative location is 
representative of the flaring incident. If a facility experiences 
ongoing difficulties collecting grab or integrated samples in accordance 
with its flare monitoring plan approved by EPA pursuant to paragraph 
(h)(5) of this section, EPA may require the facility to revise its flare 
monitoring plan and use continuous total sulfur concentration monitoring 
as described in paragraph (h)(3)(i)(A) of this section or other reliable 
method to determine total sulfur concentrations of the gas stream to the 
flare.
    (5) Missing or Unanalyzed Samples. For facilities using a sampling 
method specified in either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'') 
or (h)(3)(i)(B)(2) (``Integrated Sampling'') of this section, if a 
required sample is not obtained or analyzed for any reason, other 
methods approved by EPA in the flare monitoring plan required by 
paragraph (h)(5) of this section shall be used to determine total sulfur 
concentrations, which shall then be used to calculate SO2 
emissions. In quarterly reports, sources shall indicate when these other 
methods are used.
    (6) Reporting. For facilities using a sampling method specified in 
either paragraph (h)(3)(i)(B)(1) (``Grab Sampling'') or (h)(3)(i)(B)(2) 
(``Integrated Sampling'') of this section, since normally only one (1) 
sample per flare will be analyzed for a 3-hour period, the total sulfur 
concentration of a sample obtained during a given 3-hour period shall be 
substituted for each hour of such 3-hour period. If integrated sampling 
for a flare produces more than one (1) sample container during a 3-hour 
period, and the gas in each container is analyzed separately, the 
concentrations for the containers shall be averaged. For that flare, the 
resulting average shall be substituted for each hour of the 3-hour 
period during which the sampling occurred. The substituted hourly total 
sulfur concentrations determined per this paragraph shall be used to 
determine hourly emissions from the flare.
    (ii) Each facility named in paragraph (a) of this section that does 
not certify 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

[[Page 347]]

    (B) Use methods approved by EPA as part of the facility's flare 
monitoring plan required by paragraph (h)(5) of this section to estimate 
the H2S concentration of the gas.
    (4) Calculation of SO2 emissions from flares. Methods for 
calculating hourly and 3-hour SO2 emissions from flares shall 
be submitted to EPA as part of the flare monitoring plan required by 
paragraph (h)(5) of this section. Following approval by EPA, such 
methods shall be followed for calculating hourly and 3-hour 
SO2 emissions from a facility's flare(s).
    (5) By October 20, 2008, each facility named in paragraph (a) of 
this section shall submit a flare monitoring plan. Each flare monitoring 
plan shall include, at a minimum, the following:
    (i) A facility plot plan showing the location of each flare in 
relation to the general plant layout;
    (ii) Drawing(s) with dimensions, preferably to scale, and an as-
built process flow diagram of the flare(s) identifying major components, 
such as flare header, flare stack, flare tip(s) or burner(s), purge gas 
system, pilot gas system, water seal, knockout drum, and molecular seal;
    (iii) A representative flow diagram showing the interconnections of 
the flare system(s) with vapor recovery system(s), process units, and 
other equipment as applicable;
    (iv) A complete description of the gas flaring process for an 
integrated gas flaring system that describes the method of operation of 
the flares;
    (v) A complete description of the vapor recovery system(s) which 
have interconnection to a flare, such as compressor description(s); 
design capacities of each compressor and the vapor recovery system; and 
the method currently used to determine and record the amount of vapors 
recovered;
    (vi) A complete description of the proposed method to monitor, 
determine, and record the total volume and total sulfur concentration of 
gases combusted in the flare, including drawing(s) with dimensions, 
preferably to scale, showing the following information for the proposed 
flare gas stream monitoring systems:
    (A) The locations to be used for all monitoring and sampling, 
including, but not limited to: Flare flow monitors, total sulfur 
analyzers, concentration integrated sampling, concentration grab 
sampling, water seal monitoring devices, pilot and purge gas flow 
monitors, and pilot and purge gas concentration monitors;
    (vii) A description of the method(s) used to determine, and 
reasoning behind, all monitoring and sampling locations;
    (viii) The following information regarding pilot gas and purge gas 
for each flare:
    (A) Type(s) of gas used;
    (B) A complete description of the monitor(s) to be used, or the 
other parameters that will be used and monitored, to determine 
volumetric flows of the pilot gas and purge gas streams for which 
natural gas or inert gas is not used; and
    (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;

[[Page 348]]

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

[[Page 349]]

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

[[Page 350]]

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.
    (c) EPA is approving both elements of CAA section 110(a)(2)(D)(i)(I) 
for the 2008 ozone NAAQS, which was submitted to EPA on January 3, 2013.

[73 FR 10154, Feb. 26, 2008, as amended at 78 FR 45871, July 30, 2013; 
81 FR 7708, Feb. 16, 2016]



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 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.

[[Page 351]]

    Unit means any of the EGUs or cement kilns identified in paragraph 
(a) of this section.
    (c) Emissions limitations. (1) The owners/operators of EGUs subject 
to this section shall not emit or cause to be emitted PM, SO2 
or NOX in excess of the following limitations, in pounds per 
million British thermal units (lb/MMBtu), averaged over a rolling 30-day 
period for SO2 and NOX:

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

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

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

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

[[Page 352]]

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

Where:

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

    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.

[[Page 353]]

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

[[Page 354]]

Qs = volumetric flow rate of effluent gas, where 
          Cs and Qs are on the same basis (either 
          wet or dry), scf/hr;
P = total kiln clinker production, tons/hr; and
K = conversion factor, 7000 gr/lb,

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

[[Page 355]]

    (5) The owner/operator of each unit shall submit semi-annual reports 
of any excursions under the approved CAM plan in accordance with the 
schedule specified in the source's title V permit.
    (j) Testing requirements for Blaine County 1 Compressor Station:
    (1) An initial performance test shall be conducted by the owner/
operator for each engine for measuring NOX emissions from the 
engines to demonstrate initial compliance with the emission limits. The 
initial performance test shall be conducted by the owner/operator as 
expeditiously as practicable, but no later than October July 31, 2018.
    (2) Upon change out of the catalyst for each engine a performance 
test shall be conducted by the owner/operator for measuring 
NOX from the engines to demonstrate compliance with the 
emission limits and re-establish temperature and pressure correlations. 
The performance test shall be conducted by the owner/operator within 90 
calendar days of the date of the catalyst change out.
    (3) The performance tests for NOX shall be conducted by 
the owner/operator in accordance with the test methods specified in 40 
CFR Part 60, Appendix A. EPA Reference Method 7E shall be used to 
measure NOX emissions.
    (4) All tests conducted by the owner/operator for NOX 
emissions must meet the following requirements:
    (i) All tests shall be performed at a maximum operating rate (90 to 
110 percent of engine capacity at site elevation).
    (ii) During each test run, data shall be collected on all parameters 
necessary to document how NOX emissions in pounds per hour 
were measured or calculated (such as test run length, minimum sample 
volume, volumetric flow rate, moisture and oxygen corrections, etc.). 
The temperature at the inlet to the catalyst and the pressure drop 
across the catalyst shall also be measured and recorded during each test 
run for each engine.
    (iii) Each source test shall consist of at least three 1-hour or 
longer valid test runs. Emission results shall be reported as the 
arithmetic average of all valid test runs and shall be in terms of the 
emission limits (pounds per hour).
    (iv) A source test plan for NOX emissions shall be 
submitted to EPA at least 45 calendar days prior to the scheduled 
performance test.
    (v) The source test plan shall include and address the following 
elements:
    (A) Purpose of the test;
    (B) Engines and catalysts to be tested;
    (C) Expected engine operating rate(s) during test;
    (D) Schedule/date(s) for test;
    (E) Sampling and analysis procedures (sampling locations, test 
methods, laboratory identification);
    (F) Quality assurance plan (calibration procedures and frequency, 
sample recovery and field documentation, chain of custody procedures); 
and
    (G) Data processing and reporting (description of data handling and 
quality control procedures).
    (k) Monitoring, recordkeeping, and reporting requirements for Blaine 
County 1 Compressor Station:
    (1) The owner/operator shall measure NOX emissions from 
each engine at least semi-annually or once every six month period to 
demonstrate compliance with the emission limits. To meet this 
requirement, the owner/operator shall measure NOX emissions 
from each engine using a portable analyzer and a monitoring protocol 
approved by EPA.
    (2) The owner/operator shall submit the analyzer specifications and 
monitoring protocol to EPA for approval 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

[[Page 356]]

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

[[Page 357]]

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]



Sec. 52.1397  Original identification of plan.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Montana'' and all revisions submitted by Montana that 
were federally approved prior to March 1, 2015.
    (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 358]]

    (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 359]]

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

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

[[Page 361]]

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

[[Page 362]]

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 363]]

    (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 364]]

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;

[[Page 365]]

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.

[[Page 366]]

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

[[Page 367]]

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

[[Page 368]]

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

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

[[Page 370]]

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;

[[Page 372]]

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

[[Page 373]]

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

[[Page 374]]

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) 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.
    (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--

[[Page 375]]

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 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

[[Page 376]]

(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, ARM 
17.8.740(8)(a) only, the phrase ``, except when a permit is not required 
under ARM 17.8.745'' and ARM 17.8.740(8)(c) only, the phrase ``, except 
as provided in ARM 17.8.745''; 17.8.743, Montana Air Quality Permits--
When Required, (except the phrase in 17.8.743(1)(b), ``asphalt concrete 
plants, mineral crushers, and'', and 17.8.743(1)(c) in its entirety); 
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.
    (74) On June 4, 2013 the State of Montana submitted revisions to the 
Administrative Rules of Montana (ARM), Air Quality, Subchapter 8, 
Prevention of Significant Deterioration of Air Quality, 17.8.801, 
Definitions, and 17.8.818, Review of Major Stationary Sources and Major 
Modifications--Source Applicability and Exemptions.
    (i) Incorporation by reference
    (A) Administrative Rules of Montana, Air Quality, Subchapter 8, 
Prevention of Significant Deterioration of Air Quality, 17.8.801, 
Definitions, (20) introductory text, (20)(a); (22) introductory text, 
(22)(b); (25); (28) introductory text, (28)(a), except for the phrase 
``nitrogen oxides (NOx)''; and, 17.8.818, Review of Major Stationary 
Sources and Major Modifications--Source Applicability and Exemptions, 
(7) introductory text, (7)(a) introductory text, (7)(a)(vi), effective 
10/12/2012.

[37 FR 10877, May 31, 1972. Redesignated and amended at 80 FR 22911, 
April 24, 2015; 80 FR 50584, Aug. 20, 2015]

    Editorial Notes: 1. For Federal Register citations affecting Sec. 
52.1397, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.

    2. At 75 FR 4700, Jan. 29, 2010, Sec. 52.1370 was amended by adding 
paragraph (c)(68); however, the amendment could not be incorporated 
because the paragraph already existed.



Sec. 52.1398  Control strategy: Sulfur dioxide.

    (a) Redesignation to attainment. The EPA has determined that the 
Billings 2010 sulfur dioxide (SO2) nonattainment area has met 
the criteria under CAA section 107(d)(3)(E) for redesignation from 
nonattainment to attainment for the 2010 1-hour SO2 NAAQS. 
The EPA is therefore redesignating the Billings 2010 SO2 
nonattainment area to attainment.
    (b) The EPA is approving the maintenance plan for the Billings 
nonattainment area for the 2010 SO2 NAAQS submitted by the 
State of Montana on December 14, 2015.

[81 FR 28720, May 10, 2016]

[[Page 377]]



                           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 December 
31, 2014, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section with 
EPA approval dates after December 31, 2014, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 7 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the SIP as of 
December 31, 2014.
    (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 
the EPA, Air and Radiation Docket and Information Center, and the 
National Archives and Records Administration (NARA). If you wish to 
obtain material from the EPA Regional Office, please call (913) 551-
7089. For information on the availability of this material at NARA, call 
(202) 741-6030, or go to: www.archives.gov/federal-register/cfr/ibr-
locations.html.
    (c) EPA-approved regulations.

                                        EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
       Nebraska citation               Title        effective date      EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
                                                STATE OF NEBRASKA
----------------------------------------------------------------------------------------------------------------
                                       Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
                                   Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1..........................  Definitions......          4/1/12  8/4/14, 79 FR 45108......
129-2..........................  Definition of             3/14/06  3/22/11, 76 FR 15852.....
                                  Major Source.
129-3..........................  Region and                6/26/94  1/4/95, 60 FR 372........
                                  Subregions: How
                                  Classified.
129-4..........................  Ambient Air               5/13/14  10/11/16, 81 FR 70023....  This revision to
                                  Quality                                                       Chapter 4 amends
                                  Standards.                                                    the ambient air
                                                                                                quality
                                                                                                standards for
                                                                                                PM10, PM2.5,
                                                                                                SO2, NO2, CO,
                                                                                                O3, and Pb
                                                                                                making them
                                                                                                consistent with
                                                                                                National Ambient
                                                                                                Air Quality
                                                                                                Standards
                                                                                                (NAAQS) found at
                                                                                                40 CFR part 50,
                                                                                                as of the date
                                                                                                of the state's
                                                                                                submittal, July
                                                                                                14, 2014.
129-5..........................  Operating                 2/16/08  10/7/16, 81 FR 69695.....
                                  Permits--When
                                  Required.
129-6..........................  Emissions                11/20/02  9/5/03, 68 FR 52691......
                                  Reporting; When
                                  Required.
129-7..........................  Operating                 8/22/00  5/29/02, 67 FR 37325.....
                                  Permits--Applica
                                  tion.
129-8..........................  Operating Permit          8/22/00  5/29/02, 67 FR 37325.....
                                  Content.
129-9..........................  General Operating        11/20/02  10/7/16, 81 FR 69695.....
                                  Permits for
                                  Class I and II
                                  Sources.
129-10.........................  Operating Permits          9/7/97  1/20/00, 65 FR 3130......
                                  for Temporary
                                  Sources.

[[Page 378]]

 
129-11.........................  Operating                 6/26/94  1/4/95, 60 FR 372........
                                  Permits--Emergen
                                  cy; Defense.
129-12.........................  Operating Permit          5/29/95  2/9/96, 61 FR 4899.......
                                  Renewal and
                                  Expiration.
129-13.........................  Class I Operating         6/26/94  1/4/95, 60 FR 372........
                                  Permit--EPA
                                  Review; Affected
                                  States Review;
                                  Class II Permit.
129-14.........................  Permits--Public            2/6/08  3/22/11, 76 FR 15852.....
                                  Participation.
129-15.........................  Operating Permit           2/6/08  3/22/11, 76 FR 15852.....
                                  Modification;
                                  Reopening for
                                  Cause.
129-16.........................  Stack Heights;           12/15/98  5/29/02, 67 FR 37325.....
                                  Good Engineering
                                  Practice (GEP).
129-17.........................  Construction               4/1/12  8/4/14, 79 FR 45108......  Approval does not
                                  Permits--When                                                 include
                                  Required.                                                     Nebraska's
                                                                                                revisions to
                                                                                                sections 001.02T
                                                                                                and 013.04T
                                                                                                pertaining to
                                                                                                ethanol
                                                                                                production
                                                                                                facilities,
                                                                                                which were not
                                                                                                submitted by the
                                                                                                State.
129-19.........................  Prevention of             12/9/13  10/11/16, 81 FR 70023.
                                  Significant
                                  Deterioration of
                                  Air Quality.
129-20.........................  Particulate                2/7/04  3/31/05, 70 FR 16426.....
                                  Emissions;
                                  Limitations and
                                  Standards
                                  (Exceptions Due
                                  to Breakdowns or
                                  Scheduled
                                  Maintenance: See
                                  Chapter 35).
129-21.........................  Controls for              7/10/02  7/8/03, 68 FR 40528......
                                  Transferring,
                                  Conveying,
                                  Railcar and
                                  Truck Loading at
                                  Rock Processing
                                  Operations in
                                  Cass County.
129-22.........................  Incinerators;             12/9/13  10/11/16, 81 FR 70023.
                                  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.......          7/3/10  10/7/16, 81 FR 69695.....
129-32.........................  Dust; Duty to             6/26/94  1/4/95, 60 FR 372........
                                  Prevent Escape
                                  of.
129-33.........................  Compliance; Time          6/26/94  1/4/95, 60 FR 372........
                                  Schedule for.
129-34.........................  Emission Sources;         5/13/14  10/7/16, 81 FR 69695.....
                                  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 Emissions         6/26/94  1/4/95, 60 FR 372........
                                  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, 4/8/  7/10/06, 71 FR 38776.....
                                                        03, 5/7/05

[[Page 379]]

 
129-43.........................  Consolidated with         5/29/95  2/9/96, 61 FR 4899.......
                                  Chapter 41.
129-44.........................  Consolidated with         5/29/95  2/9/96, 61 FR 4899.......
                                  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........
                                  Confidentiality.
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 56991.....
Section 2......................  Unlawful Acts--           5/16/95  2/14/96, 61 FR 5699......
                                  Permits Required.
Section 3......................  Violations--Heari         5/16/95  2/14/96, 61 FR 5699......
                                  ngs--Orders.
Section 4......................  Appeal Procedure.         5/16/95  2/14/96, 61 FR 5699......
Section 5......................  Variance.........         5/16/95  2/14/96, 61 FR 5699......
Section 7......................  Compliance--Actio         5/16/95  2/14/96, 61 FR 5699......
                                  ns to Enforce--
                                  Penalties for
                                  Non-Compliance.
Section 8......................  Procedure for             5/16/95  2/14/96, 61 FR 5699......
                                  Abatement.
Section 9......................  Severability.....         5/16/95  2/14/96, 61 FR 5699......
----------------------------------------------------------------------------------------------------------------
                                      Article 2--Regulations and Standards
----------------------------------------------------------------------------------------------------------------
Section 1......................  Definitions......         8/11/98  1/20/00, 65 FR 3130......
Section 2......................  Major Sources--           8/11/98  1/20/00, 65 FR 3130......
                                  Defined.
Section 4......................  Ambient Air               5/16/95  2/14/96, 61 FR 5699......
                                  Quality
                                  Standards.
Section 5......................  Operating                 8/11/98  1/20/00, 65 FR 3130......
                                  Permits--When
                                  Required.
Section 6......................  Emissions                 8/11/98  1/20/00, 65 FR 3130......
                                  Reporting--When
                                  Required.
Section 7......................  Operating Permit--        8/11/98  1/20/00, 65 FR 3130......
                                  Application.
Section 8......................  Operating Permit--        8/11/98  1/20/00, 65 FR 3130......
                                  Content.
Section 9......................  General Operating         5/16/95  2/14/96, 61 FR 5699......
                                  Permits for
                                  Class I and II
                                  Sources.
Section 10.....................  Operating Permits         5/16/95  2/14/96, 61 FR 5699......
                                  for Temporary
                                  Services.
Section 11.....................  Emergency                 5/16/95  2/14/96, 61 FR 5699......
                                  Operating
                                  Permits--Defense.
Section 12.....................  Operating Permit          5/16/95  2/14/96, 61 FR 5699......
                                  Renewal and
                                  Expiration.
Section 14.....................  Permits--Public           5/16/95  2/14/96, 61 FR 5699......
                                  Participation.
Section 15.....................  Operating Permit          8/11/98  1/20/00, 65 FR 3130......
                                  Modifications--R
                                  eopening for
                                  Cause.
Section 16.....................  Stack--Heights--G         5/16/95  2/14/96, 61 FR 5699......
                                  ood Engineering
                                  Practice (GEP).
Section 17.....................  Construction              8/11/98  1/20/00, 65 FR 3130......
                                  Permits--When
                                  Required.

[[Page 380]]

 
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--Limit
                                  ations 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--Exist
                                  ing Sources--
                                  Emission
                                  Standards.
Section 25.....................  Nitrogen Oxides           5/16/95  2/14/96, 61 FR 5699......
                                  (Calculated as
                                  Nitrogen
                                  Dioxide)--Emissi
                                  ons 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--Time          5/16/95  2/14/96, 61 FR 5699......
                                  Schedule for.
Section 34.....................  Emission Sources--        5/16/95  2/14/96, 61 FR 5699......
                                  Testing--Monitor
                                  ing.
Section 35.....................  Compliance--Excep         5/16/95  2/14/96, 61 FR 5699......
                                  tions Due to
                                  Startup Shutdown
                                  or Malfunction.
Section 36.....................  Control                   5/16/95  2/14/96, 61 FR 5699......
                                  Regulations--Cir
                                  cumvention--When
                                  Expected.
Section 37.....................  Compliance--Respo         5/16/95  2/14/96, 61 FR 5699......
                                  nsibility of
                                  Owner/Operator
                                  Pending Review
                                  by Director.
Section 38.....................  Emergency                 5/16/95  2/14/96, 61 FR 5699......
                                  Episodes--Occurr
                                  ence and
                                  Control--Conting
                                  ency 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 State          4/1/98  1/20/00, 65 FR 3130......
                                  Regulations with
                                  Exceptions.
41-4...........................  Enforcement--Gene         5/29/95  2/14/96, 61 FR 5699......
                                  rally.
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 Enforcement         5/29/95  2/14/96, 61 FR 5699......
----------------------------------------------------------------------------------------------------------------
                                Article II--Permitting of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
41-23..........................  Prerequisite to           5/29/95  2/14/96, 61 FR 5699......
                                  Approval.
41-27..........................  Signature                 5/29/95  2/14/96, 61 FR 5699......
                                  Required;
                                  Guarantee.
41-38..........................  Funds............         5/29/95  2/14/96, 61 FR 5699......
41-40..........................  Fees--When                5/29/95  2/14/96, 61 FR 5699......
                                  Delinquent.
----------------------------------------------------------------------------------------------------------------
                              Article IV--Waste Incinerators--Division 1. Generally
----------------------------------------------------------------------------------------------------------------
41-60..........................  Definitions......         5/29/95  2/14/96, 61 FR 5699......
41-61..........................  Violations.......         5/29/95  2/14/96, 61 FR 5699......
----------------------------------------------------------------------------------------------------------------
                              Article IV--Waste Incinerators--Division 2. Emissions
----------------------------------------------------------------------------------------------------------------
41-70..........................  New or Modified           5/29/95  2/14/96, 61 FR 5699......
                                  Facilities.
41-71..........................  Existing                  5/29/95  2/14/96, 61 FR 5699......
                                  Facilities.
41-72..........................  Emission Testing.         5/29/95  2/14/96, 61 FR 5699......
----------------------------------------------------------------------------------------------------------------

[[Page 381]]

 
                               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 permits.

                                  EPA-Approved Nebraska Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source              Permit No.      effective date     EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
(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        CP07-0050.........         5/11/10  7/6/12, 78 FR 40140      EPA has only
 District, Gerald Gentleman                                                                    approved the
 Station.                                                                                      elements of the
                                                                                               permit pertaining
                                                                                               to NOX
                                                                                               requirements.
(4) Omaha Public Power           CP07-0049.........         2/26/09  7/6/12, 78 FR 40140      ..................
 District, 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
           provision               nonattainment    submittal date      EPA approval date         Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
(1) Air Quality Implementation   Statewide........         1/28/72  5/31/72, 37 FR 10842.....
 Plan.
(2) Confirmation That the State  Statewide........         4/25/72  5/31/72, 37 FR 10842.....
 Does Not Have Air Quality
 Control Standards Based on
 Attorney General's Disapproval.
(3) Request for Two-Year         Omaha............         1/24/72  7/27/72, 37 FR 15080.....
 Extension to Meet the Primary
 NOX Standard.
(4) Clarification of Section 11  Statewide........         2/16/72  7/27/72, 37 FR 15080.....
 of the State's Plan.
(5) Letters Clarifying the       Omaha............         10/2/72  5/14/73, 38 FR 12696.....
 Application of the State's
 Emergency Episode Rule.
(6) Analysis of Ambient Air      Omaha, Lincoln,            5/9/74  6/2/75, 40 FR 23746......  [FRL 369-8].
 Quality in Standard              Sioux City.
 Metropolitan Statistical Areas
 and Recommendations for Air
 Quality Maintenance Areas.
(7) Amended State Law (LB1029)   Statewide........         2/10/76  6/23/76, 41 FR 25898.....  [FRL 564-5].
 Giving the Department of
 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.....  [A-7-FRL-1933-1].
(9) TSP Nonattainment Plan.....  Douglas and Cass          9/25/80  3/28/83, 48 FR 12715.....  [EPA Action NE
                                  Counties.                 8/9/82                              129; A-7-FRL
                                                                                                2302-8].
(10) Plan for Intergovernmental  Statewide........          8/9/82  7/5/83, 48 FR 30631......  [EPA Action NE
 Consultation and Coordination                                                                  1123; A-7-FRL
 and for Public Notification.                                                                   2353-7].
(11) Lead Plan.................  Statewide except     1/9/81, 8/5/  11/29/83, 48 FR 53697....  [AD-FRL 2479-3;
                                  Omaha.               81, 1/11/83                              EPA Action NE
                                                                                                1122] The plan
                                                                                                was approved
                                                                                                except that
                                                                                                portion
                                                                                                pertaining to
                                                                                                Omaha.
(12) Lead Nonattainment Plan...  Omaha............  7/24/84, 11/17/ 1/31/85, 50 FR 4510......  [NE 1418; A-7-FRL-
                                                        83, 8/1/84                              2768-3].
(13) CO Nonattainment Plan.....  Omaha............          4/3/85  9/15/86, 51 FR 32640.....  [A-7-FRL-3065-7].
(14) CO Nonattainment Plan.....  Lincoln..........          4/3/85  9/19/86, 51 FR 33264.....  [A-7-FRL-3082-8].

[[Page 382]]

 
(15) Revised Lead Nonattainment  Omaha............          2/2/87  8/3/87, 52 FR 28694......  [A-7-FRL-3238-2].
 Plan.
(16) Letter Pertaining to NOX    Statewide........          3/8/91  7/2/91, 56 FR 30335......  [FRL-3968-7]
 Rules and Analysis Which                                                                       State submittal
 Certifies the Material Became                                                                  date is date of
 Effective on February 20, 1991.                                                                the letter.
(17) Small Business Assistance   Statewide........        11/12/92  8/30/93, 58 FR 45452.....  [NE-4-1-5861; FRL-
 Program.                                                                                       4694-6].
(18) Class II Operating Permit   Statewide........         2/16/94  1/4/95, 60 FR 372........  [NE-6-1-6445a;
 Program Including Letter                                                                       FRL-5115-3].
 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, 11/9/  2/14/96, 61 FR 5725......  [NE-9-1-7220b,
 Regarding Authority to                                         95                              FRL-5409-8].
 Implement Section 112(l) and                                                                   State submittal
 Letter from the State                                                                          dates are dates
 Regarding Rule Omissions and                                                                   of letters.
 PSD Program Implementation.
(20) Lincoln Municipal Code,     City of Lincoln..          2/5/99  1/20/00, 65 FR 3130......  [NE 071-1071a,
 Chapter 8.06.140 and 8.06.145.                                                                 FRL-6521-6].
(21) Lancaster Co. Resolution    Lancaster County.          2/5/99  1/20/00, 65 FR 3130......  [NE 071-1071a,
 5069, Sections 12 and 13.                                                                      FRL-6521-6].
(22) Nebraska Lead Maintenance   Omaha............         1/18/01  4/20/01, 66 FR 20196.....  [Region 7
 SIP.                                                                                           Tracking No.
                                                                                                0124-1124(b),
                                                                                                FRL-6968-5].
(23) CAA 110(1)(2)(D)(i) SIP--   Statewide........         5/18/07  12/17/07, 72 FR 71245....  [EPA-R07-OAR-2007
 Interstate Transport.                                                                          -1128, FRL-8507-
                                                                                                1].
(24) Section 110(a)(2)           Statewide........         12/7/07  7/8/11, 76 FR 40258......  [EPA-R07-OAR-2011
 Infrastructure Requirements                                                                    -0310, FRL-9434-
 for the 1997 8-Hour Ozone                                                                      4]. This action
 NAAQS.                                                                                         addresses the
                                                                                                following CAA
                                                                                                elements as
                                                                                                applicable:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).
(25) Regional haze plan for the  Statewide........         6/30/11  7/6/12, 78 FR 40150......  [EPA-R07-OAR-2012
 first implementation period.                                                                   -0158; FRL-9689-
                                                                                                2]. The plan was
                                                                                                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.
(26) Section 110(a)(2)           Statewide........        10/18/11  10/21/14, 79 FR 62832....  [EPA-R07-OAR-2014
 Infrastructure Requirements                                                                    -0685; FRL-9918-
 for the 2008 Pb NAAQS.                                                                         13-Region 7].
                                                                                                This action
                                                                                                addresses the
                                                                                                following CAA
                                                                                                elements:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C), (D),
                                                                                                (E), (F), (G),
                                                                                                (H), (J), (K),
                                                                                                (L), and (M).

[[Page 383]]

 
(27) Section 128 Declaration:    Statewide........         8/22/13  10/21/14, 79 FR 62832....  [EPA-R07-OAR-2014
 Nebraska Department of                                                                         -0685; FRL-9918-
 Environmental Quality                                                                          13-Region 7].
 Representation and Conflicts                                                                   This declaration
 of Interest Provisions,                                                                        is contained
 Section 49-1493(13) of the NE                                                                  within
 Political Accountability and                                                                   Nebraska's 2010
 Disclosure Act and Chapter 2                                                                   Sulfur Dioxide
 of Title 4, NE Accountability                                                                  NAAQS
 and Disclosure Commission.                                                                     Infrastructure
                                                                                                SIP submission
                                                                                                concerning
                                                                                                Section
                                                                                                110(a)(2)(E) of
                                                                                                the CAA.
(28) Cross State Air Pollution   Statewide........         3/30/15  9/15/15, 80 FR 55272.....
 Rule--State-Determined
 Allowance Allocations for the
 2016 control periods.
(29) Section 110(a)(2)           Statewide........         2/11/13  9/15/15, 80 FR 55267.....  [EPA-R07-OAR-2015
 Infrastructure Requirements                                                                    -0270; Region 7]
 for the 2008 O3 NAAQS.                                                                         This action
                                                                                                addresses the
                                                                                                following CAA
                                                                                                elements
                                                                                                110(a)(2)(A),
                                                                                                (B), (C),
                                                                                                (D)(i)(II),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).
(30) Section 110(a)(2)           Statewide........          4/3/08  8/27/2015, 80 FR 51954...  This action
 Infrastructure Requirements                               8/29/11                              addresses the
 for the 1997 and 2006 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).
(31) Section 110(a)(2)           Statewide........         2/11/13  1/11/2016, 81 FR 1123....  [EPA-R07-OAR-2015
 Infrastructure Requirements                                                                    -0710; 9941-04-
 for the 2008 O3 NAAQS.                                                                         Region 7] This
                                                                                                action addresses
                                                                                                the following
                                                                                                CAA elements:
                                                                                                110(a)(2)(D)(i)
                                                                                                (I)--Prongs 1
                                                                                                and 2.
----------------------------------------------------------------------------------------------------------------


[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; 79 FR 45110, Aug. 4, 2014; 79 FR 
62843, Oct. 21, 2014; 80 FR 38970, July 8, 2015; 80 FR 51954, Aug. 27, 
2015; 80 FR 55267, Sept. 15, 2015; 80 FR 55272, Sept. 15, 2015; 81 FR 
1123, Jan. 11, 2016; 81 FR 69695, Oct. 7, 2016; 81 FR 70025, Oct. 11, 
2016]



Sec. 52.1421  Classification of regions.

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

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


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

[[Page 384]]



Sec. 52.1422  Approval status.

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

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



Sec. 52.1423  PM [bdi1][bdi0] State implementation plan development
in group II areas.

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

[54 FR 21063, May 16, 1989]



Sec. 52.1424  Operating permits.

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

[61 FR 4901, Feb. 9, 1996]



Sec. 52.1425  Compliance schedules.

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

[[Page 385]]

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

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


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



Sec. 52.1426  Original identification of plan section.

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

[[Page 386]]

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

[[Page 387]]

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

[[Page 388]]

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

[[Page 389]]

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

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

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



Sec. 52.1427  Operating permits.

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

[61 FR 5701, Feb. 14, 1996]



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

    (a) The owner and operator of each source and each unit located in 
the State of Nebraska and Indian country within the borders of the State 
and for which requirements are set forth under the CSAPR 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 the 
SIP's deficiency that is the basis for the CSAPR Federal Implementation 
Plan under Sec. 52.38(a) for those sources and units, 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

[[Page 390]]

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 CSAPR 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 CSAPR 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, as amended at 80 FR 55272, Sept. 15, 2015; 
81 FR 74586, 74598, Oct. 26, 2016]



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

    (a) The owner and operator of each source and each unit located in 
the State of Nebraska and Indian country within the borders of the State 
and for which requirements are set forth under the CSAPR 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 the 
SIP's deficiency that is the basis for the CSAPR Federal Implementation 
Plan under Sec. 52.39 for those sources and units, 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 CSAPR 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 CSAPR 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, as amended at 80 FR 55272, Sept. 15, 2015; 
81 FR 74586, 74598, Oct. 26, 2016]



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

[[Page 391]]

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) 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                                     Additional
        State citation            Title/Subject    effective date      EPA Approval date          explanation
----------------------------------------------------------------------------------------------------------------
 Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 485, Motor Vehicles: Insurance
                                          and Financial Responsibility
----------------------------------------------------------------------------------------------------------------
485.050.......................  ``Motor vehicle''         10/1/03  77 FR 59321 (9/27/12)....  Submitted on 5/21/
                                 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 (4/9/08).....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(3)(ii).
445.431.......................  ``Acid mist''             8/28/79  49 FR 11626 (3/27/84)....  Submitted on 10/26/
                                 defined.                                                      82. See 40 CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.002......................  ``Act'' defined..         8/28/79  71 FR 15040 (3/27/06)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.003......................  ``Adjacent               12/13/93  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 properties''                                                  11. November 2010
                                 defined.                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.0035.....................  ``Administrative         09/24/04  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 revision to a                                                 11. November 2010
                                 Class I                                                       codification of
                                 operating                                                     NAC chapter 445B
                                 permit'' defined.                                             published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.

[[Page 392]]

 
445B.004......................  ``Administrator''        10/14/82  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(i).
445B.005......................  ``Affected               10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                 facility''                                                    approved version
                                 defined.                                                      was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(i).
445B.006......................  ``Affected               10/25/01  71 FR 15040 (3/27/06)....  Most recently
                                 source'' defined.                                             approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(v).
445B.007......................  ``Affected               12/13/93  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 state'' defined.                                              11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.009......................  ``Air-                    12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 conditioning                                                  approved version
                                 equipment''                                                   was submitted on
                                 defined.                                                      1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445.436.......................  ``Air                     8/28/79  49 FR 11626 (3/27/84)....  Most recently
                                 contaminant''                                                 approved version
                                 defined.                                                      was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.011......................  ``Air pollution''          3/5/98  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(ii).
445B.013......................  ``Allowable              10/31/05  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 emissions''                                                   11. November 2010
                                 defined.                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.014......................  ``Alteration''           10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.015......................  ``Alternative            10/30/95  71 FR 71486 (12/11/06)...  Most recently
                                 method'' defined.                                             approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(7)(i).
445B.016......................  ``Alternative            10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 operating                                                     11. November 2010
                                 scenarios''                                                   codification of
                                 defined.                                                      NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.018......................  ``Ambient air''          10/22/87  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(ii).
445B.019......................  ``Applicable             07/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 requirement''                                                 11. November 2010
                                 defined.                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.022......................  ``Atmosphere''            12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.029......................  ``Best available          4/23/09  77 FR 17334 (3/26/12)....  Included in
                                 retrofit                                                      supplemental SIP
                                 technology''                                                  revision
                                 defined.                                                      submitted on
                                                                                               September 20,
                                                                                               2011, and
                                                                                               approved as part
                                                                                               of approval of
                                                                                               Nevada Regional
                                                                                               Haze SIP.
445.445.......................  ``Barite''                1/25/79  49 FR 11626 (3/27/84)....  Submitted on 10/26/
                                 defined.                                                      82. See 40 CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445.447.......................  ``Barite grinding         1/25/79  49 FR 11626 (3/27/84)....  Submitted on 10/26/
                                 mill'' defined.                                               82. See 40 CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.030......................  ``British thermal        10/22/87  71 FR 15040 (3/27/06)....  Most recently
                                 units'' defined.                                              approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(ii).
445B.035......................  ``Class I-B              10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 application''                                                 11. November 2010
                                 defined.                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.036......................  ``Class I                09/24/04  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 source'' defined.                                             11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.037......................  ``Class II               07/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 source'' defined.                                             11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.

[[Page 393]]

 
445B.038......................  ``Class III              07/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 source'' defined.                                             11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445.458.......................  ``Calcine''               12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 defined.                                                      approved 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 (3/27/84)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445.470.......................  ``Colemanite''           11/17/78  49 FR 11626 (3/27/84)....  Submitted on 10/26/
                                 defined.                                                      82. See 40 CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445.471.......................  ``Colemanite             11/17/78  49 FR 11626 (3/27/84)....  Submitted on 10/26/
                                 processing                                                    82. See 40 CFR
                                 plant'' defined.                                              52.1490(c)(25)(i)
                                                                                               (A).
445B.042......................  ``Combustible             12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 refuse'' defined.                                             approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.0423.....................  ``Commence''             04/17/08  77 FR 59321 (9/27/12)....  Submitted on 5/21/
                                 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 (3/27/06)....  Submitted on 1/12/
                                 defined.                                                      06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(ii).
445B.044......................  ``Construction''         10/31/05  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.046......................  ``Contiguous             12/04/76  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 property''                                                    11. November 2010
                                 defined.                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.047......................  ``Continuous              12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 monitoring                                                    approved version
                                 system'' defined.                                             was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445.482.......................  ``Converter''             12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.051......................  ``Day'' defined..        10/22/87  71 FR 15040 (3/27/06)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(ii).
445B.053......................  ``Director''              12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.054......................  ``Dispersion             10/31/05  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 technique''                                                   11. November 2010
                                 defined.                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445.492.......................  ``Dryer'' defined         12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
Article 1.60..................  Effective date...        12/27/77  46 FR 43141 (8/27/81)....  Submitted on 12/29/
                                                                                               78. See 40 CFR
                                                                                               52.1490(c)(14)(vi
                                                                                               i).
445B.055......................  ``Effective date         12/13/93  71 FR 15040 (3/27/06)....  Submitted on 1/12/
                                 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 (3/27/06)....  Submitted on 1/12/
                                 defined.                                                      06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(v).
445B.058......................  ``Emission''               3/5/98  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(ii).
445B.059......................  ``Emission unit''        10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(i).
445B.060......................  ``Enforceable''          10/14/82  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(i).
445B.061......................  ``EPA'' defined..        12/13/93  71 FR 15040 (3/27/06)....  Submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(v).
445B.062......................  ``Equivalent             10/30/95  71 FR 71486 (12/11/06)...  Most recently
                                 method'' defined.                                             approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(7)(i).

[[Page 394]]

 
445B.063......................  ``Excess                 10/31/05  73 FR 19144 (4/9/08).....  Most recently
                                 emissions''                                                   approved version
                                 defined.                                                      was submitted on
                                                                                               6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(3)(iii).
445B.064......................  ``Excessive              10/31/05  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 concentration''                                               11. November 2010
                                 defined.                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.066......................  ``Existing               10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 stationary                                                    11. November 2010
                                 source'' defined.                                             codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
Article 1.73..................  Existing source..         11/7/75  43 FR 36932 (8/21/78)....  Submitted on 12/10/
                                                                                               76. See 40 CFR
                                                                                               52.1490(c)(12).
445.512.......................  ``Floating roof''         12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445.513.......................  ``Fossil fuel''           12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.068......................  ``Facility''             10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.069......................  ``Federally              04/17/08  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 enforceable''                                                 11. November 2010
                                 defined.                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.070......................  ``Federally              12/13/93  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 enforceable                                                   11. November 2010
                                 emissions cap''                                               codification of
                                 defined.                                                      NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.072......................  ``Fuel'' defined.        10/22/87  71 FR 15040 (3/27/06)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(ii).
445B.073......................  ``Fuel-burning            9/19/90  71 FR 15040 (3/27/06)....  Most recently
                                 equipment''                                                   approved version
                                 defined.                                                      was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(iii).
445B.075......................  ``Fugitive dust''        11/15/94  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(vi).
445B.077......................  ``Fugitive               10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                 emissions''                                                   approved version
                                 defined.                                                      was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(i).
445B.080......................  ``Garbage''               12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.082......................  ``General                10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 permit'' defined.                                             11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.083......................  ``Good                   10/31/05  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 engineering                                                   11. November 2010
                                 practice stack                                                codification of
                                 height'' defined.                                             NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.084......................  ``Hazardous air          12/13/93  71 FR 71486 (12/11/06)...  Submitted on 1/12/
                                 pollutant''                                                   06. See 40 CFR
                                 defined.                                                      52.1490(c)(56)(i)
                                                                                               (A)(6)(ii).
445B.086......................  ``Incinerator''           12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.087......................  ``Increment''            12/13/93  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445.536.......................  ``Lead'' defined.         12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.091......................  ``Local air               12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 pollution                                                     approved version
                                 control agency''                                              was submitted on
                                 defined.                                                      1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).

[[Page 395]]

 
``Article 1--Definitions: No.   Lowest achievable         8/28/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
 2--LAER''.                      emission rate.                                                79. See 40 CFR
                                                                                               52.1490(c)(16)(i)
                                                                                               .
445B.093......................  ``Major                  09/24/04  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 modification''                                                11. November 2010
                                 defined.                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.094......................  ``Major source''         06/01/01  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.0945.....................  ``Major                   9/24/04  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 stationary                                                    11. November 2010
                                 source'' defined.                                             codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.095......................  ``Malfunction''           12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                 defined.                                                      on 9/16/76. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.097......................  ``Maximum                10/22/87  71 FR 15040 (3/27/06)....  Most recently
                                 allowable                                                     approved version
                                 throughput''                                                  was submitted on
                                 defined.                                                      1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(ii).
445B.099......................  ``Modification''         10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.103......................  ``Monitoring              1/11/96  71 FR 15040 (3/27/06)....  Most recently
                                 device'' defined.                                             approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(vi).
445B.104......................  ``Motor vehicle''        06/01/01  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.106......................  ``Multiple                12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                 chamber                                                       on 9/16/76. Most
                                 incinerator''                                                 recently approved
                                 defined.                                                      version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.107......................  ``Nearby''               10/31/05  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
Article 1.114.................  New source.......         11/7/75  43 FR 36932 (8/21/78)....  Submitted on 12/10/
                                                                                               76. See 40 CFR
                                                                                               52.1490(c)(12).
445B.108......................  ``New stationary         10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 source'' defined.                                             11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.109......................  ``Nitrogen               11/15/94  71 FR 15040 (3/27/06)....  Most recently
                                 oxides'' defined.                                             approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(vi).
445B.112......................  ``Nonattainment          10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                 area'' defined.                                               approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(i).
445B.113......................  ``Nonroad                  6/1/01  71 FR 15040 (3/27/06)....  Submitted on 1/12/
                                 engine'' defined.                                             06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(iv).
445B.1135.....................  ``Nonroad                  6/1/01  71 FR 15040 (3/27/06)....  Submitted on 1/12/
                                 vehicle''                                                     06. See 40 CFR
                                 defined.                                                      52.1490(c)(56)(i)
                                                                                               (A)(3)(iv).
445B.116......................  ``Odor'' defined.        10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(i).
445B.117......................  ``Offset''               10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.119......................  ``One-hour               10/22/87  71 FR 15040 (3/27/06)....  Most recently
                                 period'' defined.                                             approved 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 (3/27/06)....  Originally adopted
                                 defined.                                                      on 9/16/76. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).

[[Page 396]]

 
445B.122......................  ``Open burning''          12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                 defined.                                                      on 9/16/76. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.123......................  ``Operating              07/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 permit'' defined.                                             11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.124......................  ``Operating              12/17/02  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 permit to                                                     11. November 2010
                                 construct''                                                   codification of
                                 defined.                                                      NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.125......................  ``Ore'' defined..        11/17/78  71 FR 15040 (3/27/06)....  Originally adopted
                                                                                               on 9/12/78. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(iii).
445B.127......................  ``Owner or                12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                 operator''                                                    on 9/16/76. Most
                                 defined.                                                      recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.129......................  ``Particulate             12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                 matter'' defined.                                             on 9/16/76. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.130......................  ``Pathological           10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                 wastes'' defined.                                             approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(i).
445B.134......................  Person...........         9/18/06  72 FR 19801 (4/20/07)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               12/8/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(62)(i)
                                                                                               (A)(1).
445B.1345.....................  ``Plantwide              07/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 applicability                                                 11. November 2010
                                 limitation''                                                  codification of
                                 defined.                                                      NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445.565.......................  ``Petroleum''             12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.135......................  ``PM10'' defined.        12/26/91  71 FR 15040 (3/27/06)....  Submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(iv).
445B.138......................  ``Potential to           12/16/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 emit'' defined.                                               11. June 2012
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
Article 1.131.................  Point source.....         12/4/76  43 FR 36932 (8/21/78)....  Submitted on 12/10/
                                                                                               76. See 40 CFR
                                                                                               52.1490(c)(12).
445.570.......................  ``Portland cement         12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 plant'' defined.                                              approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445.574.......................  ``Precious                8/28/79  49 FR 11626 (3/27/84)....  Submitted on 10/26/
                                 metal'' defined.                                              82. See 40 CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445.575.......................  ``Precious metal          8/28/79  49 FR 11626 (3/27/84)....  Submitted on 10/26/
                                 processing                                                    82. See 40 CFR
                                 plant'' defined.                                              52.1490(c)(25)(i)
                                                                                               (A).
445B.142......................  ``Prevention of          12/13/93  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 significant                                                   11. November 2010
                                 deterioration of                                              codification of
                                 air quality''                                                 NAC chapter 445B
                                 defined.                                                      published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.144......................  ``Process                 12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 equipment''                                                   version was
                                 defined.                                                      submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.145......................  ``Process                10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                 weight'' defined.                                             approved 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 (9/27/12)....  Submitted on 1/24/
                                 defined.                                                      11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445.585.......................  ``Process weight          8/28/79  49 FR 11626 (3/27/84)....  Most recently
                                 rate'' defined.                                               approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).

[[Page 397]]

 
445B.151......................  ``Reference              10/22/87  71 FR 15040 (3/27/06)....  Most recently
                                 conditions''                                                  approved version
                                 defined.                                                      was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(ii).
445B.152......................  ``Reference              10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                 method'' defined.                                             approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(i).
445.592.......................  ``Registration            8/28/79  49 FR 11626 (3/27/84)....  Most recently
                                 certificate''                                                 approved version
                                 defined.                                                      was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.153......................  ``Regulated air          10/31/05  73 FR 19144 (4/9/08).....  Submitted on 6/26/
                                 pollutant''                                                   07. See 40 CFR
                                 defined.                                                      52.1490(c)(66)(i)
                                                                                               (A)(3)(iii).
445B.154......................  ``Renewal of an          12/13/93  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 operating                                                     11. 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 (9/27/12)....  Submitted on 1/24/
                                 official''                                                    11. 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 (9/27/12)....  Submitted on 1/24/
                                 operating                                                     11. November 2010
                                 permit'' defined.                                             codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445.597.......................  ``Roaster''               12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.161......................  ``Run'' defined..         12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.163......................  ``Salvage                 12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 operation''                                                   approved version
                                 defined.                                                      was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.167......................  ``Shutdown''              12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.168......................  ``Single chamber         12/27/77  71 FR 15040 (3/27/06)....  Most recently
                                 incinerator''                                                 approved version
                                 defined.                                                      was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(ii).
Article 1.171.................  Single source....         11/7/75  43 FR 36932 (8/21/78)....  Submitted on 12/10/
                                                                                               76. See 40 CFR
                                                                                               52.1490(c)(12).
445B.172......................  ``Six-minute              12/4/76  73 FR 19144 (4/9/08).....  Most recently
                                 period'' defined.                                             approved version
                                                                                               was submitted on
                                                                                               6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(1)(i).
445.618.......................  ``Slag'' defined.         12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.174......................  ``Smoke'' defined         12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.176......................  ``Solid waste''           12/4/76  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.177......................  ``Source''               10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(i).
445B.180......................  ``Stack and              10/30/95  71 FR 15040 (3/27/06)....  Most recently
                                 chimney''                                                     approved version
                                 defined.                                                      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 (3/27/06)....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(vi).
445B.185......................  ``Start-up''              12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                 defined.                                                      on 9/16/76. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.187......................  ``Stationary             12/16/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 source'' defined.                                             11. June 2012
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.

[[Page 398]]

 
445B.190......................  ``Stop order''           12/13/93  73 FR 19144 (4/9/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(2)(i).
445B.194......................  ``Temporary              06/01/01  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 source'' defined.                                             11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445.633.......................  ``Submerged fill          12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 pipe'' defined.                                               approved 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 (3/27/06)....  Originally adopted
                                 water'' defined.                                              on 9/16/76. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.200......................  ``Violation''            12/13/93  77 FR 59321 (9/27/12)....  Submitted on 5/21/
                                 defined.                                                      12. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Burea.
445B.202......................  ``Volatile               11/15/94  71 FR 71486 (12/11/06)...  Most recently
                                 organic                                                       approved version
                                 compounds''                                                   was submitted on
                                 defined.                                                      1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(6)(iii).
445B.205......................  ``Waste'' defined         12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                                                                               on 9/16/76. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.207......................  ``Wet garbage''           12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                 defined.                                                      on 9/16/76. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.209......................  ``Year'' defined.        10/22/87  71 FR 15040 (3/27/06)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(2)(ii).
445B.211......................  Abbreviations....         9/24/04  71 FR 15040 (3/27/06)....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(vii).
----------------------------------------------------------------------------------------------------------------
 Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
                 Air Controls, Air Pollution; Nevada Air Quality Regulations--General Provisions
----------------------------------------------------------------------------------------------------------------
445B.220......................  Severability.....          1/1/07  73 FR 19144 (4/9/08).....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(3)(v).
445B.22017....................  Visible                    4/1/06  73 FR 19144 (4/9/08).....  Most recently
                                 emissions:                                                    approved version
                                 Maximum opacity;                                              submitted on 6/26/
                                 determination                                                 07. See 40 CFR
                                 and monitoring                                                52.1490(c)(66)(A)
                                 of opacity.                                                   (3)(iii).
445B.2202.....................  Visible                    4/1/06  73 FR 19144 (4/9/08).....  Most recently
                                 emissions:                                                    approved version
                                 Exceptions for                                                submitted on 6/26/
                                 stationary                                                    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 (6/18/82)....  Submitted on 12/29/
 16.3.3.2 and 16.3.3.3.          Opacity                                                       78. See 40 CFR
                                 [Portland cement                                              52.1490(c)(14)(vi
                                 plants].                                                      ii). 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 (3/27/84)....  Most recently
                                 rate for                                                      approved version
                                 calculating                                                   was submitted on
                                 emission rates.                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
Article 7.2.5.1...............  [Establishes              12/3/80  47 FR 26386 (6/18/82)....  Submitted on 11/5/
                                 maximum                                                       80. See 40 CFR
                                 allowable                                                     52.1490(c)(22)(ii
                                 particulate                                                   ).
                                 emissions rate
                                 for the first
                                 barite grinding
                                 mill at Milchem
                                 Inc. near Battle
                                 Mountain].

[[Page 399]]

 
445.808(1), (2)(a-c), (3),      [Establishes              8/24/83  49 FR 11626 (3/27/84)....  Submitted on 9/14/
 (4), and (5).                   standards for          (adopted)                              83. See 40 CFR
                                 maximum                                                       52.1490(c)(26)(i)
                                 allowable                                                     (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 (3/27/84)....  Submitted on 9/14/
 and (5).                        standards for          (adopted)                              83. See 40 CFR
                                 maximum                                                       52.1490(c)(26)(i)
                                 allowable                                                     (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 (3/27/84)....  Most recently
                                 flotation                                                     approved version
                                 processing                                                    was submitted on
                                 plants.                                                       10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445B.22027....................  Emissions of               3/5/98  72 FR 25971 (5/8/07).....  Most recently
                                 particulate                                                   approved version
                                 matter: Maximum                                               was submitted on
                                 allowable                                                     1/12/06. See 40
                                 throughput for                                                CFR
                                 calculating                                                   52.1490(c)(56)(i)
                                 emissions rates.                                              (A)(3)(ii).
445B.2203.....................  Emissions of              9/27/99  72 FR 25971 (5/8/07).....  Most recently
                                 particulate                                                   approved version
                                 matter: Fuel-                                                 was submitted on
                                 burning                                                       1/12/06. See 40
                                 equipment.                                                    CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(iii).
445B.22033....................  Emissions of               3/5/98  72 FR 25971 (5/8/07).....  Most recently
                                 particulate                                                   approved version
                                 matter: Sources                                               was submitted on
                                 not otherwise                                                 1/12/06. See 40
                                 limited.                                                      CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(ii).
445B.22037....................  Emissions of             10/30/95  72 FR 25971 (5/8/07).....  Most recently
                                 particulate                                                   approved version
                                 matter: Fugitive                                              was submitted on
                                 dust.                                                         1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(i).
Article 8, subsection 8.2.1...  [Indirect Heat            1/28/72  37 FR 10842 (5/31/72)....  Submitted on 1/28/
                                 Transfer Fuel        (submitted)                              72. See 40 CFR
                                 Burning                                                       52.1490(b).
                                 Equipment--Sulfu
                                 r emission
                                 limits].
Article 8.2.2.................  [``Sulfur                 12/4/76  46 FR 43141 (8/27/81)....  Submitted on 12/29/
                                 emission''                                                    78. See 40 CFR
                                 defined for                                                   52.1490(c)(14)(vi
                                 purposes of                                                   i).
                                 Article 8.].
445B.2204.....................  ``Sulfur                  12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                 emission''                                                    on 9/16/76. Most
                                 defined.                                                      recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.22043....................  Sulfur emissions:         9/24/04  73 FR 19144 (4/9/08).....  Most recently
                                 Calculation of                                                approved version
                                 total feed                                                    submitted on 6/26/
                                 sulfur.                                                       07. See 40 CFR
                                                                                               52.1490(c)(66)(A)
                                                                                               (3)(ii).
445B.22047....................  Sulfur emissions:         9/27/99  71 FR 15040 (3/27/06)....  Most recently
                                 Fuel-burning                                                  approved version
                                 equipment.                                                    was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(iii).
445B.2205.....................  Sulfur emissions:         9/24/04  73 FR 19144 (4/9/08).....  Most recently
                                 Other processes                                               approved version
                                 which emit                                                    was submitted on
                                 sulfur.                                                       6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(A)
                                                                                               (3)(ii).
445B.22067....................  Open burning.....         4/15/04  71 FR 15040 (3/27/06)....  Most recently
                                                                                               approved 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 (3/27/06)....  Most recently
                                 burning.                                                      approved version
                                                                                               was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(3)(vi).

[[Page 400]]

 
445B.22083....................  Construction,            10/31/05  73 FR 20536 (4/16/08)....  Most recently
                                 major                                                         approved version
                                 modification or                                               was submitted on
                                 relocation of                                                 8/20/07. See 40
                                 plants to                                                     CFR
                                 generate                                                      52.1490(c)(67)(i)
                                 electricity                                                   (A)(1).
                                 using steam
                                 produced by
                                 burning of
                                 fossil fuels.
445B.2209.....................  Reduction of              12/4/76  71 FR 15040 (3/27/06)....  Originally adopted
                                 animal matter.                                                on 9/16/76. Most
                                                                                               recently approved
                                                                                               version was
                                                                                               submitted on 1/12/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(1)(i).
445B.22093....................  Organic solvents         10/31/05  73 FR 19144 (4/9/08).....  Most recently
                                 and other                                                     approved version
                                 volatile                                                      was submitted on
                                 compounds.                                                    6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(3)(iii).
445B.22095....................  Emission                  4/23/09  77 FR 17334 (3/26/12)....  Included in
                                 limitation for                                                supplemental SIP
                                 BART.                                                         revision
                                                                                               submitted on
                                                                                               September 20,
                                                                                               2011, and
                                                                                               approved as part
                                                                                               of approval of
                                                                                               Nevada Regional
                                                                                               Haze SIP.
445B.22096, excluding the NOX   Control measures          1/28/10  77 FR 50936 (8/23/12)....  Included in
 averaging time and control      constituting                                                  supplemental SIP
 type for units 1, 2 and 3 and   BART;                                                         revision
 the NOX emission limit for      limitations on                                                submitted on
 unit 3 in sub-paragraph         emissions.                                                    September 20,
 (1)(c), all of which EPA has                                                                  2011, and
 disapproved.                                                                                  approved as part
                                                                                               of approval of
                                                                                               Nevada Regional
                                                                                               Haze SIP.
                                                                                               Excluding the NOX
                                                                                               averaging time
                                                                                               and control type
                                                                                               for units 1, 2
                                                                                               and 3 and the NOX
                                                                                               emission limit
                                                                                               for unit 3 of NV
                                                                                               Energy's Reid
                                                                                               Gardner
                                                                                               Generating
                                                                                               Station, all of
                                                                                               which EPA has
                                                                                               disapproved.
445B.22097....................  Standards of              6/23/14  79 FR 62851, 10/21/2014..  Adopted Regulation
                                 quality for                                                   of the State
                                 ambient air.                                                  Environmental
                                                                                               Commission, LCB
                                                                                               File No. R145-13.
                                                                                               The Nevada SEC
                                                                                               amended NAC
                                                                                               445B.22097 on May
                                                                                               2, 2014, and NDEP
                                                                                               submitted it to
                                                                                               EPA on June 5,
                                                                                               2014.
445B.225......................  Prohibited               10/30/95  73 FR 19144 (4/9/08).....  Most recently
                                 conduct:                                                      approved version
                                 Concealment of                                                was submitted on
                                 emissions.                                                    6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(3)(i).
445B.227......................  Prohibited                1/11/96  73 FR 19144 (4/9/08).....  Most recently
                                 conduct:                                                      approved version
                                 Operation of                                                  was submitted on
                                 source without                                                1/12/06. See 40
                                 required                                                      CFR
                                 equipment;                                                    52.1490(c)(56)(i)
                                 removal or                                                    (A)(3)(i).
                                 modification of
                                 required
                                 equipment;
                                 modification of
                                 required
                                 procedure.
445B.229......................  Hazardous                10/30/95  73 FR 19144 (4/9/08).....  Most recently
                                 emissions: Order                                              approved version
                                 for reduction or                                              was submitted on
                                 discontinuance.                                               6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(3)(i).
445B.230......................  Plan for                  9/18/06  72 FR 19801 (4/20/07)....  Most recently
                                 reduction in                                                  approved version
                                 emissions.                                                    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 (3/27/84)....  Most recently
                                 Scheduled                                                     approved version
                                 maintenance;                                                  was submitted on
                                 testing;                                                      10/26/82. See 40
                                 malfunction.                                                  CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
Article 2.5 (``Scheduled        [related to               11/7/75  43 FR 1341 (1/9/78)......  Submitted on 10/31/
 Maintenance, Testing, and       breakdown or                                                  75. See 40 CFR
 Breakdown or Upset''),          upset].                                                       52.1490(c)(11).
 subsection 2.5.4.                                                                             Article 2.5,
                                                                                               subsection 2.5.4
                                                                                               states:
                                                                                               ``Breakdown or
                                                                                               upset, determined
                                                                                               by the Director
                                                                                               to be unavoidable
                                                                                               and not the
                                                                                               result of
                                                                                               careless or
                                                                                               marginal
                                                                                               operations, shall
                                                                                               not be considered
                                                                                               a violation of
                                                                                               these
                                                                                               regulations.''

[[Page 401]]

 
445B.250......................  Notification of          10/31/05  73 FR 20536 (4/16/08)....  Most recently
                                 Director:                                                     approved version
                                 Construction,                                                 was submitted on
                                 reconstruction                                                8/20/07. See 40
                                 and initial                                                   CFR
                                 start-up;                                                     52.1490(c)(67)(i)
                                 demonstration of                                              (A)(1).
                                 continuous
                                 monitoring
                                 system
                                 performance.
445B.252......................  Testing and              10/30/03  73 FR 20536 (4/16/08)....  Most recently
                                 sampling.                                                     approved 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 (12/11/06)...  Most recently
                                 systems:                                                      approved version
                                 Calibration,                                                  was submitted on
                                 operation and                                                 1/12/06. See 40
                                 maintenance of                                                CFR
                                 equipment.                                                    52.1490(c)(56)(i)
                                                                                               (A)(7)(i).
445B.257......................  Monitoring                12/4/76  71 FR 71486 (12/11/06)...  Most recently
                                 systems:                                                      approved version
                                 Location.                                                     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 (4/20/07)....  Most recently
                                 systems:                                                      approved version
                                 Verification of                                               was submitted on
                                 operational                                                   12/8/06. See 40
                                 status.                                                       CFR
                                                                                               52.1490(c)(62)(i)
                                                                                               (A)(1).
445B.259......................  Monitoring                9/18/06  72 FR 19801 (4/20/07)....  Most recently
                                 systems:                                                      approved version
                                 Performance                                                   was submitted on
                                 evaluations.                                                  12/8/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(62)(i)
                                                                                               (A)(1).
445B.260......................  Monitoring                9/18/06  72 FR 19801 (4/20/07)....  Most recently
                                 systems:                                                      approved version
                                 Components                                                    was submitted on
                                 contracted for                                                12/8/06. See 40
                                 before September                                              CFR
                                 11, 1974.                                                     52.1490(c)(62)(i)
                                                                                               (A)(1).
445B.261......................  Monitoring                12/4/76  71 FR 71486 (12/11/06)...  Most recently
                                 systems:                                                      approved version
                                 Adjustments.                                                  was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(5)(i).
445B.262......................  Monitoring               10/30/03  71 FR 71486 (12/11/06)...  Most recently
                                 systems:                                                      approved version
                                 Measurement of                                                was submitted on
                                 opacity.                                                      1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(7)(iii).
445B.263......................  Monitoring                12/4/76  71 FR 71486 (12/11/06)...  Most recently
                                 systems:                                                      approved version
                                 Frequency of                                                  was submitted on
                                 operation.                                                    1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(5)(i).
445B.264......................  Monitoring                9/25/00  71 FR 71486 (12/11/06)...  Most recently
                                 systems:                                                      approved version
                                 Recordation of                                                was submitted on
                                 data.                                                         1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(7)(ii).
445B.265......................  Monitoring                 7/2/84  71 FR 71486 (12/11/06)...  Most recently
                                 systems:                                                      approved version
                                 Records; reports.                                             was submitted on
                                                                                               1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(6)(i).
445B.267......................  Alternative              10/30/03  71 FR 71486 (12/11/06)...  Most recently
                                 monitoring                                                    approved version
                                 procedures or                                                 was submitted on
                                 requirements.                                                 1/12/06. See 40
                                                                                               CFR
                                                                                               52.1490(c)(56)(i)
                                                                                               (A)(7)(iii).
445B.275......................  Violations: Acts           5/4/06  73 FR 19144 (4/9/08).....  Most recently
                                 constituting;                                                 approved version
                                 notice.                                                       was submitted on
                                                                                               6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(3)(iv).
445B.277......................  Stop orders......          5/4/06  73 FR 19144 (4/9/08).....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               6/26/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(66)(i)
                                                                                               (A)(3)(iv).
445.694.......................  Emission                  12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 discharge                                                     approved version
                                 information.                                                  was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445.699.......................  Violations:               12/4/76  49 FR 11626 (3/27/84)....  Most recently
                                 Administrative                                                approved version
                                 fines.                                                        was submitted on
                                                                                               10/26/82. See 40
                                                                                               CFR
                                                                                               52.1490(c)(25)(i)
                                                                                               (A).
445.764.......................  Reduction of              8/17/81  49 FR 11626 (3/27/84)....  Most recently
                                 employees' pay                                                approved version
                                 because of use                                                was submitted on
                                 of system                                                     10/26/82. See 40
                                 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                07/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 (1)(d) and (4)(b).              permits: General                                              11, except for
                                 requirements;                                                 subsection (2),
                                 exception;                                                    which was
                                 restriction on                                                submitted on 5/21/
                                 transfers.                                                    12. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.

[[Page 402]]

 
445B.288......................  Operating                04/17/08  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 permits:                                                      11. November 2010
                                 Exemptions from                                               codification of
                                 requirements;                                                 NAC chapter 445B
                                 insignificant                                                 published by the
                                 activities.                                                   Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.295......................  Application:             09/18/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 General                                                       11. November 2010
                                 requirements.                                                 codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.297, excluding subsection  Application:             05/04/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 (2).                            Submission;                                                   11. November 2010
                                 certification;                                                codification of
                                 additional                                                    NAC chapter 445B
                                 information.                                                  published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.298......................  Application:             07/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 Official date of                                              11. November 2010
                                 submittal.                                                    codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.305......................  Operating                07/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 permits:                                                      11. November 2010
                                 Imposition of                                                 codification of
                                 more stringent                                                NAC chapter 445B
                                 standards for                                                 published by the
                                 emissions.                                                    Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.308, excluding paragraph   Prerequisites and        12/23/13  79 FR 62851, 10/21/2014..  Adopted Regulation
 (2)(d) and subsections (4)      conditions for                                                of the State
 and (9).                        issuance of                                                   Environmental
                                 certain                                                       Commission, LCB
                                 operating                                                     File No. R042-13.
                                 permits;                                                      The Nevada SEC
                                 compliance with                                               amended NAC
                                 applicable state                                              445B.308 on
                                 implementation                                                December 4, 2013,
                                 plan.                                                         and NDEP
                                                                                               submitted it to
                                                                                               EPA on January 3,
                                                                                               2014.
445B.310......................  Environmental            09/18/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 evaluation:                                                   11. November 2010
                                 Applicable                                                    codification of
                                 sources and                                                   NAC chapter 445B
                                 other subjects;                                               published by the
                                 exemption.                                                    Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.311......................  Environmental             6/23/14  79 FR 62851,10/21/2014...  Adopted Regulation
                                 evaluation:                                                   of the State
                                 Contents;                                                     Environmental
                                 consideration of                                              Commission, LCB
                                 good engineering                                              File No. R145-13.
                                 practice stack                                                The Nevada SEC
                                 height.                                                       amended NAC
                                                                                               445B.311 on May
                                                                                               2, 2014, and NDEP
                                                                                               submitted it to
                                                                                               EPA on June 5,
                                                                                               2014.
445B.313......................  Method for               12/16/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 determining heat                                              11. June 2012
                                 input: Class I                                                codification of
                                 sources.                                                      NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3135.....................  Method for               12/17/02  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 determining heat                                              11. November 2010
                                 input: Class II                                               codification of
                                 sources.                                                      NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.314......................  Method for               12/17/02  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 determining heat                                              11. November 2010
                                 input: Class III                                              codification of
                                 sources.                                                      NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.315......................  Contents of                5/4/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 operating                                                     11. November 2010
                                 permits:                                                      codification of
                                 Exception for                                                 NAC chapter 445B
                                 operating                                                     published by the
                                 permits to                                                    Nevada
                                 construct;                                                    Legislative
                                 required                                                      Counsel Bureau.
                                 conditions.
445B.318......................  Operating                  5/4/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 permits:                                                      11. November 2010
                                 Requirement for                                               codification of
                                 each source;                                                  NAC chapter 445B
                                 form of                                                       published by the
                                 application;                                                  Nevada
                                 issuance or                                                   Legislative
                                 denial; posting.                                              Counsel Bureau.
445B.319, excluding paragraph   Operating                 9/24/04  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 (3)(b).                         permits:                                                      11. November 2010
                                 Administrative                                                codification of
                                 amendment.                                                    NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.325, excluding             Operating                 7/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 subsections (1), (3), and (4).  permits:                                                      11. November 2010
                                 Termination,                                                  codification of
                                 reopening and                                                 NAC chapter 445B
                                 revision,                                                     published by the
                                 revision, or                                                  Nevada
                                 revocation and                                                Legislative
                                 reissuance.                                                   Counsel Bureau.

[[Page 403]]

 
445B.331......................  Request for               9/18/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 change of                                                     11. November 2010
                                 location of                                                   codification of
                                 emission unit.                                                NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3361, excluding paragraph  General                   7/22/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 (1)(b) and subsections (6)      requirements.                                                 11. November 2010
 and (7).                                                                                      codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3363.....................  Operating permit          1/28/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 to construct:                                                 11. 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 (9/27/12)....  Submitted on 1/24/
                                 to construct for                                              11. November 2010
                                 approval of                                                   codification of
                                 plantwide                                                     NAC chapter 445B
                                 applicability                                                 published by the
                                 limitation:                                                   Nevada
                                 Application.                                                  Legislative
                                                                                               Counsel Bureau.
445B.3364.....................  Operating permit          1/28/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 to construct:                                                 11. November 2010
                                 Action by                                                     codification of
                                 Director on                                                   NAC chapter 445B
                                 application;                                                  published by the
                                 notice; public                                                Nevada
                                 comment and                                                   Legislative
                                 hearing.                                                      Counsel Bureau.
445B.3365.....................  Operating permit           5/4/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 to construct:                                                 11. November 2010
                                 Contents;                                                     codification of
                                 noncompliance                                                 NAC chapter 445B
                                 with conditions.                                              published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.33656....................  Operating permit           5/4/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 to construct for                                              11. November 2010
                                 approval of                                                   codification of
                                 plantwide                                                     NAC chapter 445B
                                 applicability                                                 published by the
                                 limitation:                                                   Nevada
                                 Contents;                                                     Legislative
                                 noncompliance                                                 Counsel Bureau.
                                 with conditions.
445B.3366.....................  Expiration and            9/18/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 extension of                                                  11. November 2010
                                 operating permit                                              codification of
                                 to construct;                                                 NAC chapter 445B
                                 expiration and                                                published by the
                                 renewal of                                                    Nevada
                                 plantwide                                                     Legislative
                                 applicability                                                 Counsel Bureau.
                                 limitation.
445B.3368.....................  Additional                1/28/10  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 requirements for                                              11. November 2010
                                 application;                                                  codification of
                                 exception.                                                    NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3375, excluding            Class I-B                 9/18/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 subsections (2) and (3).        application:                                                  11. November 2010
                                 Filing                                                        codification of
                                 requirement.                                                  NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3395, excluding            Action by                 4/17/08  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 subsections (13), (14), and     Director on                                                   11. November 2010
 (15).                           application;                                                  codification of
                                 notice; public                                                NAC chapter 445B
                                 comment and                                                   published by the
                                 hearing;                                                      Nevada
                                 objection by                                                  Legislative
                                 Administrator;                                                Counsel Bureau.
                                 expiration of
                                 permit.
445B.340, excluding subsection  Prerequisites to          4/17/08  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 (3).                            issuance,                                                     11. November 2010
                                 revision or                                                   codification of
                                 renewal of                                                    NAC chapter 445B
                                 permit.                                                       published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.342, excluding paragraph   Certain changes          10/31/05  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 (3)(e).                         authorized                                                    11. November 2010
                                 without revision                                              codification of
                                 of permit;                                                    NAC chapter 445B
                                 notification of                                               published by the
                                 authorized                                                    Nevada
                                 changes.                                                      Legislative
                                                                                               Counsel Bureau.
445B.3425.....................  Minor revision of         9/24/04  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 permit.                                                       11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.

[[Page 404]]

 
445B.344......................  Significant              12/17/02  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 revision of                                                   11. November 2010
                                 permit.                                                       codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3441.....................  Administrative            9/18/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 revision of                                                   11. November 2010
                                 permit to                                                     codification of
                                 incorporate                                                   NAC chapter 445B
                                 conditions of                                                 published by the
                                 certain permits                                               Nevada
                                 to construct.                                                 Legislative
                                                                                               Counsel Bureau.
445B.3443.....................  Renewal of permit        12/17/08  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                                                                               11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3447, excluding            Class I general          12/17/02  77 FR 59321 (9/27/12)....  Submitted on 5/21/
 subsection (4).                 permit.                                                       12. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3453, excluding            Application:               5/4/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 subsection (3).                 General                                                       11. November 2010
                                 requirements.                                                 codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3457.....................  Action by                10/26/11  77 FR 59321 (9/27/12)....  Submitted on 11/09/
                                 Director on                                                   11. June 2012
                                 application;                                                  codification of
                                 notice; public                                                NAC chapter 445B
                                 comment and                                                   published by the
                                 hearing;                                                      Nevada
                                 expiration of                                                 Legislative
                                 permit.                                                       Counsel Bureau.
445B.346, excluding subsection  Required contents        10/30/95  77 FR 59321 (9/27/12)....  Submitted on 1/24/
 (6).                            of permit.                                                    11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3465.....................  Application for          10/31/05  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 revision.                                                     11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3473.....................  Renewal of permit        12/17/08  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                                                                               11. 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 (9/27/12)....  Submitted on 1/24/
                                 permit.                                                       11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3485.....................  Application:              9/18/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 General                                                       11. November 2010
                                 requirements.                                                 codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3487.....................  Action by                 9/18/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 Director on                                                   11. November 2010
                                 application;                                                  codification of
                                 expiration of                                                 NAC chapter 445B
                                 permit.                                                       published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3489.....................  Required contents         9/18/06  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 of permit.                                                    11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3493.....................  Application for          10/25/01  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                 revision.                                                     11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
445B.3497.....................  Renewal of permit        12/17/08  77 FR 59321 (9/27/12)....  Submitted on 1/24/
                                                                                               11. November 2010
                                                                                               codification of
                                                                                               NAC chapter 445B
                                                                                               published by the
                                                                                               Nevada
                                                                                               Legislative
                                                                                               Counsel Bureau.
----------------------------------------------------------------------------------------------------------------

[[Page 405]]

 
                   Nevada Air Quality Regulations--Point Sources and Registration Certificates
----------------------------------------------------------------------------------------------------------------
Nevada Air Quality Regulations  General                  12/15/77  47 FR 27070 (6/23/82)....  Submitted on 7/24/
 (NAQR), Article 13 (``Point     Provisions for                                                79. See 40 CFR
 Sources''), subsection 13.1,    the Review of                                                 52.1490(c)(16)(vi
 paragraph 13.1.1.               New Sources.                                                  ii).
NAQR, Article 13, subsection    [related to               2/28/80  46 FR 21758 (4/14/81)....  Submitted on 3/17/
 13.1, paragraph 13.1.3          registration                                                  80. See 40 CFR
 [excluding 13.1.3(1) and        certificates for                                              52.1490(c)(18)(i)
 13.1.3(3)].                     point sources                                                 . NAQR article
                                 subject to the                                                13.1.3(3) was
                                 requirement for                                               deleted without
                                 an environmental                                              replacement at 73
                                 evaluation;                                                   FR 20536 (4/16/
                                 additional                                                    08). See 40 CFR
                                 requirements for                                              52.1490(c)(18)(i)
                                 such sources to                                               (A). NAQR article
                                 be located in                                                 13.1.3(1) was
                                 nonattainment                                                 superseded by
                                 areas].                                                       approval of
                                                                                               amended NSR rules
                                                                                               at 77 FR 59321 (9/
                                                                                               27/12).
NAQR Article 13, subsection     [relates to              12/15/77  47 FR 27070 (6/23/82)....  Submitted on 7/24/
 13.2 (excluding 13.2.3 and      thresholds used                                               79. See 40 CFR
 13.2.4).                        to identify                                                   52.1490(c)(16)(vi
                                 sources subject                                               ii). Subsection
                                 to environmental                                              13.2 includes
                                 evaluation                                                    paragraphs 13.2.1-
                                 requirement].                                                 13.2.2.
                                                                                               Paragraphs 13.2.3-
                                                                                               13.2.4 were
                                                                                               superseded by
                                                                                               approval of
                                                                                               amended NSR rules
                                                                                               at 77 FR 59321 (9/
                                                                                               27/12).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 58, Energy; Public Utilities and Similar Entities: Regulation of Public Utilities
                                                    Generally
----------------------------------------------------------------------------------------------------------------
704.820.......................  Short title......          1/1/79  47 FR 15790 (4/13/82)....  NRS 704.820 to
                                                                                               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 (4/13/82)....  Submitted on 10/13/
                                 legislative                                                   80. See 40 CFR
                                 findings and                                                  52.1490(c)(21)(i)
                                 purpose.                                                      .
704.830.......................  Definitions......          1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                                                                               80. See 40 CFR
                                                                                               52.1490(c)(21)(i)
                                                                                               .
704.840.......................  ``Commence to              1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 construct''                                                   80. See 40 CFR
                                 defined.                                                      52.1490(c)(21)(i)
                                                                                               .
704.845.......................  ``Local                    1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 government''                                                  80. See 40 CFR
                                 defined.                                                      52.1490(c)(21)(i)
                                                                                               .
704.850.......................  ``Person''                 1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 defined.                                                      80. See 40 CFR
                                                                                               52.1490(c)(21)(i)
                                                                                               .
704.855.......................  ``Public                   1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 utility,''                                                    80. See 40 CFR
                                 ``utility''                                                   52.1490(c)(21)(i)
                                 defined.                                                      .
704.860.......................  ``Utility                  1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 facility''                                                    80. See 40 CFR
                                 defined.                                                      52.1490(c)(21)(i)
                                                                                               .
704.865.......................  Construction               1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 permit:                                                       80. See 40 CFR
                                 Requirement;                                                  52.1490(c)(21)(i)
                                 transfer;                                                     .
                                 exceptions to
                                 requirement.
704.870.......................  Construction               1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 permit                                                        80. 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 (4/13/82)....  Submitted on 10/13/
                                 application by                                                80. See 40 CFR
                                 state                                                         52.1490(c)(21)(i)
                                 environmental                                                 .
                                 commission.
704.880.......................  Hearing on                 1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 application for                                               80. See 40 CFR
                                 permit.                                                       52.1490(c)(21)(i)
                                                                                               .
704.885.......................  Parties to permit          1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 proceeding;                                                   80. See 40 CFR
                                 appearances;                                                  52.1490(c)(21)(i)
                                 intervention.                                                 .
704.890.......................  Grant or denial            1/1/79  47 FR 15790 (4/13/82)....  Submitted on 10/13/
                                 of application;                                               80. See 40 CFR
                                 required                                                      52.1490(c)(21)(i)
                                 findings;                                                     .
                                 service of
                                 copies of order.

[[Page 406]]

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

[[Page 407]]

 
445B.418......................  ``EPA'' defined..         9/28/88  73 FR 38124 (7/3/08).....  Most recently
                                                                                               approved 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 (7/3/08).....  Most recently
                                 place of                                                      approved version
                                 business''                                                    was submitted on
                                 defined.                                                      5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.420......................  ``Evidence of             9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 compliance''                                                  approved version
                                 defined.                                                      was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.421......................  ``Exhaust                 1/10/78  73 FR 38124 (7/3/08).....  Most recently
                                 emissions''                                                   approved version
                                 defined.                                                      was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.422......................  ``Exhaust gas             1/10/78  73 FR 38124 (7/3/08).....  Most recently
                                 analyzer''                                                    approved version
                                 defined.                                                      was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.424......................  ``Fleet station''         8/19/94  73 FR 38124 (7/3/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.4247.....................  ``Gross vehicle           8/19/94  73 FR 38124 (7/3/08).....  Most recently
                                 weight rating''                                               approved version
                                 defined.                                                      was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.426......................  ``Heavy-duty              9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 motor vehicle''                                               approved version
                                 defined.                                                      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 (7/3/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.428......................  ``Hz'' defined...         9/28/88  73 FR 38124 (7/3/08).....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.432......................  ``Light-duty              9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 motor vehicle''                                               approved version
                                 defined.                                                      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 (7/3/08).....  Most recently
                                 home'' defined.                                               approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.434......................  ``Motor home''            10/1/83  73 FR 38124 (7/3/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.435......................  ``Motor vehicle''         1/10/78  73 FR 38124 (7/3/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.440......................  ``New motor               1/10/78  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle''                                                     approved version
                                 defined.                                                      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 (7/3/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.443......................  ``Person''                 1/1/88  73 FR 38124 (7/3/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.444......................  ``ppm'' defined..         9/28/88  73 FR 38124 (7/3/08).....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.449......................  ``Smoke'' defined          1/1/88  73 FR 38124 (7/3/08).....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.450......................  ``Special mobile          1/10/78  73 FR 38124 (7/3/08).....  Most recently
                                 equipment''                                                   approved version
                                 defined.                                                      was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.451......................  ``Standard''              9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.4515.....................  ``State                   9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 electronic data                                               approved version
                                 transmission                                                  was submitted on
                                 system'' defined.                                             5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.452......................  ``Tampering''             1/10/78  73 FR 38124 (7/3/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).

[[Page 408]]

 
445B.4525.....................  ``Test station''          9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 defined.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.453......................  ``Truck'' defined         10/1/83  73 FR 38124 (7/3/08).....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.454......................  ``Used motor              1/10/78  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle''                                                     approved version
                                 defined.                                                      was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.455......................  ``Van                     10/1/83  73 FR 38124 (7/3/08).....  Most recently
                                 conversion''                                                  approved version
                                 defined.                                                      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 (7/3/08).....  Most recently
                                 inspection                                                    approved version
                                 report'' defined.                                             was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.4556.....................  ``Vehicle                 9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 inspection                                                    approved version
                                 report number''                                               was submitted on
                                 defined.                                                      5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.456......................  Severability.....         9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
----------------------------------------------------------------------------------------------------------------
  Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Facilities for Inspection and
                                                   Maintenance
----------------------------------------------------------------------------------------------------------------
445B.460......................  Test station:              9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 License required                                              approved version
                                 to operate;                                                   was submitted on
                                 expiration of                                                 5/11/07. See 40
                                 license;                                                      CFR
                                 ratings;                                                      52.1490(c)(71)(i)
                                 performance of                                                (A)(2).
                                 certain
                                 services;
                                 prohibited acts;
                                 location.
445B.461, except for paragraph  Compliance by             9/25/98  73 FR 38124 (7/3/08).....  Most recently
 (3)(d).                         Federal                                                       approved version
                                 Government,                                                   was submitted on
                                 state agencies                                                5/11/07. See 40
                                 and political                                                 CFR
                                 subdivisions.                                                 52.1490(c)(71)(i)
                                                                                               (A)(2). NAC
                                                                                               section
                                                                                               445B.461(3)(d)
                                                                                               was deleted
                                                                                               without
                                                                                               replacement at 74
                                                                                               FR 3975 (1/22/
                                                                                               09). See 40 CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(3).
445B.462......................  Test station:             9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 Application for                                               approved version
                                 license to                                                    was submitted on
                                 operate;                                                      5/11/07. See 40
                                 inspection of                                                 CFR
                                 premises;                                                     52.1490(c)(71)(i)
                                 issuance of                                                   (A)(2).
                                 license.
445B.463......................  Test station:             8/21/02  73 FR 38124 (7/3/08).....  Most recently
                                 Grounds for                                                   approved version
                                 denial,                                                       was submitted on
                                 revocation or                                                 5/11/07. See 40
                                 suspension of                                                 CFR
                                 license;                                                      52.1490(c)(71)(i)
                                 reapplication;                                                (A)(2).
                                 permanent
                                 revocation of
                                 license.
445B.464......................  Test station:             9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 Hearing                                                       approved version
                                 concerning                                                    was submitted on
                                 denial,                                                       5/11/07. See 40
                                 suspension or                                                 CFR
                                 revocation of                                                 52.1490(c)(71)(i)
                                 license.                                                      (A)(2).
445B.465......................  Authorized                 9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 station or                                                    approved version
                                 authorized                                                    was submitted on
                                 inspection                                                    5/11/07. See 40
                                 station:                                                      CFR
                                 Requirements for                                              52.1490(c)(71)(i)
                                 bond or deposit.                                              (A)(2).
445B.466......................  Authorized                9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 station or                                                    approved version
                                 authorized                                                    was submitted on
                                 inspection                                                    5/11/07. See 40
                                 station:                                                      CFR
                                 Liability under                                               52.1490(c)(71)(i)
                                 bond or deposit;                                              (A)(2).
                                 suspension and
                                 reinstatement of
                                 licenses.

[[Page 409]]

 
445B.467......................  Authorized                9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 station or                                                    approved version
                                 authorized                                                    was submitted on
                                 inspection                                                    5/11/07. See 40
                                 station:                                                      CFR
                                 Disbursement,                                                 52.1490(c)(71)(i)
                                 release or                                                    (A)(2).
                                 refund of bond
                                 or deposit.
445B.468......................  Authorized                 9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 stations and                                                  approved version
                                 authorized                                                    was submitted on
                                 inspection                                                    5/11/07. See 40
                                 stations: Scope                                               CFR
                                 of coverage of                                                52.1490(c)(71)(i)
                                 bond or deposit.                                              (A)(2).
445B.469......................  Authorized                 9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 station or                                                    approved version
                                 authorized                                                    was submitted on
                                 inspection                                                    5/11/07. See 40
                                 station: Posting                                              CFR
                                 of signs and                                                  52.1490(c)(71)(i)
                                 placards.                                                     (A)(2).
445B.470......................  Test station:              9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 Display of                                                    approved version
                                 licenses;                                                     was submitted on
                                 availability of                                               5/11/07. See 40
                                 reference                                                     CFR
                                 information.                                                  52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.471......................  Test station:              9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 Advertising;                                                  approved version
                                 provision by                                                  was submitted on
                                 Department of                                                 5/11/07. See 40
                                 certain                                                       CFR
                                 informational                                                 52.1490(c)(71)(i)
                                 material for                                                  (A)(2).
                                 public.
445B.472......................  Test station:              9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 Records of                                                    approved version
                                 inspections and                                               was submitted on
                                 repairs;                                                      5/11/07. See 40
                                 inspection of                                                 CFR
                                 place of                                                      52.1490(c)(71)(i)
                                 business; audit                                               (A)(2).
                                 of exhaust gas
                                 analyzers.
445B.473......................  Test station:              9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 Notice of                                                     approved version
                                 wrongfully                                                    was submitted on
                                 distributed or                                                5/11/07. See 40
                                 received vehicle                                              CFR
                                 inspection                                                    52.1490(c)(71)(i)
                                 reports;                                                      (A)(2).
                                 inventory of
                                 vehicle
                                 inspection
                                 reports.
445B.474......................  Test station:             7/17/03  73 FR 38124 (7/3/08).....  Most recently
                                 Failure to                                                    approved version
                                 employ approved                                               was submitted on
                                 inspector.                                                    5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.475......................  Authorized                9/13/95  73 FR 38124 (7/3/08).....  Most recently
                                 station or class                                              approved version
                                 2 fleet station:                                              was submitted on
                                 Requirements for                                              5/11/07. See 40
                                 employees.                                                    CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.476......................  Test station:             9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 Willful failure                                               approved version
                                 to comply with                                                was submitted on
                                 directive;                                                    5/11/07. See 40
                                 suspension of                                                 CFR
                                 license;                                                      52.1490(c)(71)(i)
                                 reapplication                                                 (A)(2).
                                 after revocation
                                 of license.
445B.478......................  Fleet station:            9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 Licensing;                                                    approved version
                                 powers and                                                    was submitted on
                                 duties.                                                       5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.480......................  Test station:              9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 Requirements                                                  approved version
                                 concerning                                                    was submitted on
                                 business hours.                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
----------------------------------------------------------------------------------------------------------------
           Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Inspectors
----------------------------------------------------------------------------------------------------------------
445B.485......................  Prerequisites to          2/23/06  73 FR 38124 (7/3/08).....  Most recently
                                 licensing.                                                    approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.486......................  Examination of            2/23/06  73 FR 38124 (7/3/08).....  Most recently
                                 applicants for                                                approved version
                                 licensing.                                                    was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.487......................  Denial of license         9/13/95  73 FR 38124 (7/3/08).....  Most recently
                                                                                               approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).

[[Page 410]]

 
445B.489......................  Grounds for               2/23/06  73 FR 38124 (7/3/08).....  Most recently
                                 denial,                                                       approved version
                                 suspension or                                                 was submitted on
                                 revocation of                                                 5/11/07. See 40
                                 license.                                                      CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.490......................  Hearing on                2/23/06  73 FR 38124 (7/3/08).....  Most recently
                                 suspension or                                                 approved version
                                 revocation of                                                 was submitted on
                                 license.                                                      5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.491......................  Temporary                 1/10/78  73 FR 38124 (7/3/08).....  Most recently
                                 suspension or                                                 approved version
                                 refusal to renew                                              was submitted on
                                 license.                                                      5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.492......................  Duration of              12/20/79  73 FR 38124 (7/3/08).....  Most recently
                                 suspension;                                                   approved version
                                 surrender of                                                  was submitted on
                                 license.                                                      5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.493......................  Limitation on             2/23/06  73 FR 38124 (7/3/08).....  Most recently
                                 reapplication                                                 approved version
                                 after revocation                                              was submitted on
                                 or denial or                                                  5/11/07. See 40
                                 license;                                                      CFR
                                 surrender of                                                  52.1490(c)(71)(i)
                                 revoked license;                                              (A)(2).
                                 permanent
                                 revocation of
                                 license.
445B.495......................  Contents of               9/13/95  73 FR 38124 (7/3/08).....  Most recently
                                 license.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.496......................  Expiration of              1/1/88  73 FR 38124 (7/3/08).....  Most recently
                                 license.                                                      approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.497......................  Requirements for          2/23/06  73 FR 38124 (7/3/08).....  Most recently
                                 renewal of                                                    approved version
                                 license.                                                      was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.498......................  Performance of            2/23/06  73 FR 38124 (7/3/08).....  Most recently
                                 emission                                                      approved version
                                 inspection                                                    was submitted on
                                 without license                                               5/11/07. See 40
                                 prohibited;                                                   CFR
                                 expiration of                                                 52.1490(c)(71)(i)
                                 license; license                                              (A)(2).
                                 ratings.
445B.4983.....................  Issuance of               2/23/06  73 FR 38124 (7/3/08).....  Most recently
                                 access code to                                                approved version
                                 approved                                                      was submitted on
                                 inspector; use                                                5/11/07. See 40
                                 of access code                                                CFR
                                 and                                                           52.1490(c)(71)(i)
                                 identification                                                (A)(2).
                                 number.
445B.4985.....................  Violations.......         7/17/03  73 FR 38124 (7/3/08).....  Most recently
                                                                                               approved 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 (7/3/08).....  Most recently
                                                                                               approved 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 (7/3/08).....  Most recently
                                 in place of                                                   approved version
                                 employment or                                                 was submitted on
                                 termination of                                                5/11/07. See 40
                                 employment.                                                   CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.502......................  Submission of             9/13/95  73 FR 38124 (7/3/08).....  Most recently
                                 certificate of                                                approved version
                                 employment to                                                 was submitted on
                                 report change.                                                5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
----------------------------------------------------------------------------------------------------------------
      Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Exhaust Gas Analyzers
----------------------------------------------------------------------------------------------------------------
445B.5049.....................  Connection to             9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 state electronic                                              approved version
                                 data                                                          was submitted on
                                 transmission                                                  5/11/07. See 40
                                 system.                                                       CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.505......................  Availability of           7/17/03  73 FR 38124 (7/3/08).....  Most recently
                                 list of approved                                              approved version
                                 analyzers and                                                 was submitted on
                                 their                                                         5/11/07. See 40
                                 specifications.                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.5052.....................  Approved                   6/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 analyzer: Use                                                 approved version
                                 and equipment;                                                was submitted on
                                 deactivation by                                               5/11/07. See 40
                                 Department.                                                   CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.5055.....................  Revocation of             9/13/95  73 FR 38124 (7/3/08).....  Most recently
                                 approval of                                                   approved version
                                 analyzer.                                                     was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).

[[Page 411]]

 
445B.5065.....................  Manufacturer of           7/17/03  73 FR 38124 (7/3/08).....  Most recently
                                 approved                                                      approved version
                                 analyzer:                                                     was submitted on
                                 Required                                                      5/11/07. See 40
                                 warranty.                                                     CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.5075.....................  Manufacturer of           7/17/03  73 FR 38124 (7/3/08).....  Most recently
                                 approved                                                      approved version
                                 analyzer:                                                     was submitted on
                                 Required                                                      5/11/07. See 40
                                 services;                                                     CFR
                                 administrative                                                52.1490(c)(71)(i)
                                 fine for                                                      (A)(2).
                                 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 (7/3/08).....  Most recently
                                 pollution:                                                    approved version
                                 General                                                       was submitted on
                                 requirement;                                                  5/11/07. See 40
                                 alteration or                                                 CFR
                                 modification.                                                 52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.576......................  Vehicles powered         10/22/92  73 FR 38124 (7/3/08).....  Most recently
                                 by gasoline or                                                approved version
                                 diesel fuel:                                                  was submitted on
                                 Restrictions on                                               5/11/07. See 40
                                 visible                                                       CFR
                                 emissions and on                                              52.1490(c)(71)(i)
                                 idling of diesel                                              (A)(2).
                                 engines.
445B.577......................  Devices used on            1/1/88  73 FR 38124 (7/3/08).....  Most recently
                                 stationary                                                    approved version
                                 rails:                                                        was submitted on
                                 Restrictions on                                               5/11/07. See 40
                                 visible                                                       CFR
                                 emissions.                                                    52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.578......................  Exceptions to            10/22/92  73 FR 38124 (7/3/08).....  Most recently
                                 restrictions on                                               approved version
                                 visible                                                       was submitted on
                                 emissions.                                                    5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.579......................  Inspection of              9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle: Devices                                              approved version
                                 for emission                                                  was submitted on
                                 control required.                                             5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.580......................  Inspection of              9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle:                                                      approved version
                                 Procedure for                                                 was submitted on
                                 certain vehicles                                              5/11/07. See 40
                                 with model year                                               CFR
                                 of 1995 or older                                              52.1490(c)(71)(i)
                                 and heavy-duty                                                (A)(2).
                                 vehicles with
                                 model year of
                                 1996 or newer.
445B.5805.....................  Inspection of             8/21/02  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle:                                                      approved version
                                 Procedure for                                                 was submitted on
                                 light-duty                                                    5/11/07. See 40
                                 vehicles with                                                 CFR
                                 model year of                                                 52.1490(c)(71)(i)
                                 1996 or newer.                                                (A)(2).
445B.581......................  Inspection of              9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle: Place                                                approved version
                                 and equipment                                                 was submitted on
                                 for performance.                                              5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.5815.....................  Inspection of              3/1/02  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle:                                                      approved version
                                 Certified on-                                                 was submitted on
                                 board diagnostic                                              5/11/07. See 40
                                 systems.                                                      CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.582......................  Repair of                 9/13/95  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle;                                                      approved version
                                 reinspection or                                               was submitted on
                                 testing.                                                      5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.583......................  Evidence of               9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 compliance:                                                   approved version
                                 Purpose; records.                                             was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.584......................  Evidence of               7/17/03  73 FR 38124 (7/3/08).....  Most recently
                                 compliance:                                                   approved version
                                 Purchase of                                                   was submitted on
                                 vehicle                                                       5/11/07. See 40
                                 inspection                                                    CFR
                                 report numbers.                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.585......................  Evidence of               9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 compliance:                                                   approved version
                                 Issuance by                                                   was submitted on
                                 approved                                                      5/11/07. See 40
                                 inspector.                                                    CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.586......................  Evidence of               9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 compliance:                                                   approved version
                                 Return of fee.                                                was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).

[[Page 412]]

 
445B.587......................  Test of light-            9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 duty motor                                                    approved version
                                 vehicles powered                                              was submitted on
                                 by diesel                                                     5/11/07. See 40
                                 engines:                                                      CFR
                                 Equipment for                                                 52.1490(c)(71)(i)
                                 measurement of                                                (A)(2).
                                 smoke opacity.
445B.588......................  Testing of light-         7/17/03  73 FR 38124 (7/3/08).....  Most recently
                                 duty motor                                                    approved version
                                 vehicles powered                                              was submitted on
                                 by diesel                                                     5/11/07. See 40
                                 engines: List of                                              CFR
                                 approved                                                      52.1490(c)(71)(i)
                                 equipment.                                                    (A)(2).
445B.589......................  Testing of light-          9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 duty motor                                                    approved version
                                 vehicles powered                                              was submitted on
                                 by diesel                                                     5/11/07. See 40
                                 engines:                                                      CFR
                                 Procedure;                                                    52.1490(c)(71)(i)
                                 certificate of                                                (A)(2).
                                 compliance;
                                 effect of
                                 failure; lack of
                                 proper fuel cap.
445B.5895.....................  Dissemination of           9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 list of                                                       approved version
                                 authorized                                                    was submitted on
                                 stations.                                                     5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.590......................  Waiver of                 5/14/98  73 FR 38124 (7/3/08).....  Most recently
                                 standards for                                                 approved version
                                 emissions.                                                    was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.591......................  Form for                   1/1/88  73 FR 38124 (7/3/08).....  Most recently
                                 registration of                                               approved version
                                 vehicle in area                                               was submitted on
                                 where inspection                                              5/11/07. See 40
                                 of vehicle not                                                CFR
                                 required.                                                     52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.5915.....................  Requirements for           9/1/06  73 FR 38124 (7/3/08).....  Most recently
                                 registration of                                               approved version
                                 vehicle                                                       was submitted on
                                 temporarily                                                   5/11/07. See 40
                                 being used and                                                CFR
                                 maintained in                                                 52.1490(c)(71)(i)
                                 another state.                                                (A)(2).
445B.592......................  Applicability of         10/31/05  73 FR 38124 (7/3/08).....  Most recently
                                 certain                                                       approved version
                                 standards for                                                 was submitted on
                                 emissions and                                                 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 (7/3/08).....  Most recently
                                 compliance                                                    approved version
                                 required for                                                  was submitted on
                                 certain vehicles                                              5/11/07. See 40
                                 based in Clark                                                CFR
                                 County.                                                       52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.594......................  Evidence of              10/31/05  73 FR 38124 (7/3/08).....  Most recently
                                 compliance                                                    approved version
                                 required for                                                  was submitted on
                                 certain vehicles                                              5/11/07. See 40
                                 based in Washoe                                               CFR
                                 County.                                                       52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.595(1)...................  Inspections of            9/13/95  73 FR 38124 (7/3/08).....  Most recently
                                 vehicles owned                                                approved version
                                 by State or                                                   was submitted on
                                 political                                                     5/11/07. See 40
                                 subdivisions or                                               CFR
                                 operated on                                                   52.1490(c)(71)(i)
                                 federal                                                       (A)(2).
                                 installations.                                                Subsection 2 was
                                                                                               not included in
                                                                                               the 7/3/08
                                                                                               approval of NAC
                                                                                               445B.595. Certain
                                                                                               paragraphs of
                                                                                               subsection (2)
                                                                                               were approved at
                                                                                               74 FR 3975 (1/22/
                                                                                               09).
445B.595(2) (a), (b), and (c).  Inspections of            9/13/95  74 FR 3975 (1/22/09).....  Most recently
                                 vehicles owned                                                approved version
                                 by State or                                                   was submitted on
                                 political                                                     5/11/07. See 40
                                 subdivisions or                                               CFR
                                 operated on                                                   52.1490(c)(71)(i)
                                 federal                                                       (A)(4).
                                 installations.
445B.596......................  Standards for             8/21/02  73 FR 38124 (7/3/08).....  Most recently
                                 emissions.                                                    approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.598......................  Imposition and            9/13/95  73 FR 38124 (7/3/08).....  Most recently
                                 statement of fee                                              approved version
                                 for inspection                                                was submitted on
                                 and testing;                                                  5/11/07. See 40
                                 listing of                                                    CFR
                                 stations and                                                  52.1490(c)(71)(i)
                                 fees.                                                         (A)(2).

[[Page 413]]

 
445B.599......................  Prescription and          9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 notice of                                                     approved version
                                 maximum fees for                                              was submitted on
                                 inspections and                                               5/11/07. See 40
                                 testing.                                                      CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.600......................  Procedure for             9/13/95  73 FR 38124 (7/3/08).....  Most recently
                                 setting new fee.                                              approved version
                                                                                               was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.601......................  Concealment of            1/10/78  73 FR 38124 (7/3/08).....  Most recently
                                 emissions                                                     approved version
                                 prohibited.                                                   was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
----------------------------------------------------------------------------------------------------------------
        Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Restored Vehicles
----------------------------------------------------------------------------------------------------------------
445B.6115.....................  Exemption of              7/27/00  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle from                                                  approved version
                                 certain                                                       was submitted on
                                 provisions.                                                   5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.6125.....................  Certification of           3/5/98  73 FR 38124 (7/3/08).....  Most recently
                                 vehicle for                                                   approved version
                                 exemption.                                                    was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
----------------------------------------------------------------------------------------------------------------
 Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Inspection of Test Stations and
                                               Approved Inspectors
----------------------------------------------------------------------------------------------------------------
445B.7015.....................  Annual and                 2/3/05  73 FR 38124 (7/3/08).....  Most recently
                                 additional                                                    approved version
                                 inspections.                                                  was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.7025.....................  Alteration of              2/3/05  73 FR 38124 (7/3/08).....  Most recently
                                 emission control                                              approved version
                                 system of                                                     was submitted on
                                 vehicle used to                                               5/11/07. See 40
                                 conduct                                                       CFR
                                 inspection.                                                   52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.7035.....................  Preliminary                2/3/05  73 FR 38124 (7/3/08).....  Most recently
                                 written notice                                                approved version
                                 of violation;                                                 was submitted on
                                 reinspection of                                               5/11/07. See 40
                                 vehicle.                                                      CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.7045.....................  Administrative             2/3/05  73 FR 38124 (7/3/08).....  Most recently
                                 fines and other                                               approved version
                                 penalties for                                                 was submitted on
                                 certain                                                       5/11/07. See 40
                                 violations.                                                   CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
----------------------------------------------------------------------------------------------------------------
    Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Miscellaneous Provisions
----------------------------------------------------------------------------------------------------------------
445B.727......................  Administrative             2/3/05  73 FR 38124 (7/3/08).....  Most recently
                                 fines and other                                               approved version
                                 penalties.                                                    was submitted on
                                                                                               5/11/07. See 40
                                                                                               CFR
                                                                                               52.1490(c)(71)(i)
                                                                                               (A)(2).
445B.735......................  Program for               9/25/98  73 FR 38124 (7/3/08).....  Most recently
                                 licensure to                                                  approved version
                                 install, repair                                               was submitted on
                                 and adjust                                                    5/11/07. See 40
                                 devices for                                                   CFR
                                 control of                                                    52.1490(c)(71)(i)
                                 emissions.                                                    (A)(2).
----------------------------------------------------------------------------------------------------------------
                Nevada Administrative Code, Chapter 590, Petroleum Products and Antifreeze, Fuels
----------------------------------------------------------------------------------------------------------------
590.065 (excluding subsection   Adopted                   1/28/10  75 FR 59090 (9/27/10)....  See 40 CFR
 (7)).                           Regulation of                                                 52.1490(c)(74)(i)
                                 the State Board                                               (B). As adopted
                                 of Agriculture                                                by the Nevada
                                 LCB File No.                                                  Board of
                                 R111-08. A                                                    Agriculture.
                                 regulation                                                    Submitted on 3/26/
                                 relating to                                                   10 for inclusion
                                 fuel; adopting                                                into Appendix C
                                 by reference a                                                of the 2008 Las
                                 certain standard                                              Vegas Valley CO
                                 for gasoline                                                  Maintenance Plan.
                                 published by
                                 ASTM
                                 International;
                                 providing
                                 exceptions; and
                                 providing other
                                 matters properly
                                 relating thereto.
----------------------------------------------------------------------------------------------------------------


[[Page 414]]


                                 Table 2--EPA-Approved Lander County Regulations
----------------------------------------------------------------------------------------------------------------
                                                       County                                     Additional
        County citation           Title/Subject    effective date      EPA Approval date          explanation
----------------------------------------------------------------------------------------------------------------
Lander County Ordinance LC 8-   Dust Ordinance...          9/8/78  46 FR 21758 (4/14/81)....  Was approved as
 78.                                                                                           part of the
                                                                                               Lander County Air
                                                                                               Quality
                                                                                               Improvement Plan
                                                                                               which was
                                                                                               submitted on 12/
                                                                                               29/78.
----------------------------------------------------------------------------------------------------------------


                                 Table 3--EPA-Approved Clark County Regulations
----------------------------------------------------------------------------------------------------------------
                                                       County                                     Additional
        County citation           Title/Subject    effective date      EPA Approval date          explanation
----------------------------------------------------------------------------------------------------------------
Section 0.....................  Definitions......          4/1/14  79 FR 62351, 10/17/14....  Amended by Clark
                                                                                               County Board of
                                                                                               County
                                                                                               Commissioners on
                                                                                               March 18, 2014
                                                                                               through Ordinance
                                                                                               No. 4189.
                                                                                               Submitted by NDEP
                                                                                               on 4/1/14.
Section 1 (``Definitions''):    Affected Facility        12/28/78  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 Subsection 1.1.                                                                               79. See 40 CFR 52/
                                                                                               1490(c)(17)(i).
Section 1 (``Definitions''):    Dust.............        12/28/78  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 Subsection 1.26.                                                                              79. See 40 CFR 52/
                                                                                               1490(c)(17)(i).
Section 1 (``Definitions''):    Existing Gasoline        12/28/78  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 Subsection 1.29.                Station.                                                      79. See 40 CFR 52/
                                                                                               1490(c)(17)(i).
Section 1 (``Definitions''):    Fumes............        12/28/78  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 Subsection 1.36.                                                                              79. See 40 CFR 52/
                                                                                               1490(c)(17)(i).
Section 1 (``Definitions''):    Mist.............        12/28/78  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 Subsection 1.51.                                                                              79. See 40 CFR 52/
                                                                                               1490(c)(17)(i).
Section 1 (``Definitions''):    New Gasoline               9/3/81  47 FR 26620 (6/21/82)....  Submitted on 11/17/
 Subsection 1.57.                Station.                                                      81. See 40 CFR 52/
                                                                                               1490(c)(24)(iii).
Section 1 (``Definitions''):    New Source.......        12/28/78  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 Subsection 1.58.                                                                              79. See 40 CFR 52/
                                                                                               1490(c)(17)(i).
Section 1 (``Definitions''):    Single Source....        12/28/78  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 Subsection 1.81.                                                                              79. See 40 CFR 52/
                                                                                               1490(c)(17)(i).
Section 1 (``Definitions''):    Standard                 12/28/78  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 Subsection 1.88.                Conditions.                                                   79. See 40 CFR 52/
                                                                                               1490(c)(17)(i).
Section 1 (``Definitions''):    Uncombined Water.        12/28/78  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 Subsection 1.95.                                                                              79. See 40 CFR 52/
                                                                                               1490(c)(17)(i).
Section 2: Subsections 2.1,     Air Pollution            12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
 2.2, and 2.3.                   Control Board.                                                79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii).
Section 4: Subsections 4.1-     Control Officer..        12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
 4.11 (excluding subsection                                                                    79. See 40 CFR
 4.7.3).                                                                                       52.1490(c)(16)(vi
                                                                                               ii). 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 (6/18/82)....  Submitted on 11/17/
 Subsection 4.7.3.               authority of                                                  81. See 40 CFR
                                 control officer].                                             52.1490(c)(24)(iv
                                                                                               ).
Section 4 (Control Officer):    [related to               4/24/80  46 FR 43141 (8/27/81)....  Submitted on 11/5/
 Subsections 4.12, 4.12.1-       public                                                        80. See 40 CFR
 4.12.3.                         notification].                                                52.1490(c)(22)(i)
                                                                                               .
Section 5: Subsection 5.1.....  Interference with        12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                 Control Officer.                                              79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii).
Section 6: Subsection 6.1.....  Injunctive Relief        12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                                                                               79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii).
Section 8: Subsections 8.1,     Persons Liable           12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
 8.2.                            for Penalties--                                               79. See 40 CFR
                                 Punishment;                                                   52.1490(c)(16)(vi
                                 Defense.                                                      ii).
Section 10....................  Compliance               12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                 Schedules.                                                    79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii).

[[Page 415]]

 
Section 12.0..................  Applicability,             4/1/14  79 FR 62351, 10/17/14....  Amended by Clark
                                 General                                                       County Board of
                                 Requirements and                                              County
                                 Transition                                                    Commissioners on
                                 Procedures.                                                   March 18, 2014
                                                                                               through Ordinance
                                                                                               No. 4189.
                                                                                               Submitted by NDEP
                                                                                               on 4/1/14.
Section 12.1..................  Permit                     4/1/14  79 FR 62351, 10/17/14....  Amended by Clark
                                 Requirements for                                              County Board of
                                 Minor Sources.                                                County
                                                                                               Commissioners on
                                                                                               March 18, 2014
                                                                                               through Ordinance
                                                                                               No. 4189.
                                                                                               Submitted by NDEP
                                                                                               on 4/1/14.
Section 12.2..................  Permit                     4/1/14  79 FR 62351, 10/17/14....  Amended by Clark
                                 Requirements for                                              County Board of
                                 Major Sources in                                              County
                                 Attainment Areas                                              Commissioners on
                                 (Prevention of                                                March 18, 2014
                                 Significant                                                   through Ordinance
                                 Deterioration).                                               No. 4189.
                                                                                               Submitted by NDEP
                                                                                               on 4/1/14.
Section 12.3..................  Permit                     4/1/14  79 FR 62351, 10/17/14....  Amended by Clark
                                 Requirements for                                              County Board of
                                 Major Sources in                                              County
                                 Nonattainment                                                 Commissioners on
                                 Areas.                                                        March 18, 2014
                                                                                               through Ordinance
                                                                                               No. 4189.
                                                                                               Submitted by NDEP
                                                                                               on 4/1/14.
Section 12.4..................  Authority to               4/1/14  79 FR 62351, 10/17/14....  Amended by Clark
                                 Construct                                                     County Board of
                                 Application and                                               County
                                 Permit                                                        Commissioners on
                                 Requirements For                                              March 18, 2014
                                 Part 70 Sources.                                              through Ordinance
                                                                                               No. 4189.
                                                                                               Submitted by NDEP
                                                                                               on 4/1/14.
Section 12.7: Subsection        Emission                   7/1/10  79 FR 62351, 10/17/14....  The heading for
 12.7.5.                         Reduction                                                     subsection 12.7.5
                                 Credits.                                                      is ``Criteria for
                                                                                               Granting ERCs.''
                                                                                               Adopted by Clark
                                                                                               County Board of
                                                                                               County
                                                                                               Commissioners on
                                                                                               May 18, 2010
                                                                                               through Ordinance
                                                                                               No. 3864.
                                                                                               Submitted by NDEP
                                                                                               on 4/1/14.
Section 18: Subsections 18.1-   Registration/              9/3/81  47 FR 26386 (6/18/82)....  Submitted on 11/17/
 18.5.2.                         Permit Fees.                                                  81. See 40 CFR
                                                                                               52.1490(c)(24)(iv
                                                                                               ).
Section 18: Subsections 18.6-   Registration/            12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
 18.12.                          Permit Fees.                                                  79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii).
Section 23: Subsections 23.1-   Continuous               12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
 23.5 (excluding subsections     Monitoring by                                                 79. See 40 CFR
 23.2.1-23.3.1.2, 23.3.4-        Fossil Fuel-                                                  52.1490(c)(16)(vi
 23.3.5).                        Fired Steam                                                   ii). Subsections
                                 Generators.                                                   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 (6/18/82)....  Submitted on 11/17/
 Monitoring by Fossil Fuel-      specifications                                                81. 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 25: Subsection 25.2...  Upset, Breakdown         12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                 or Scheduled                                                  79. See 40 CFR
                                 Maintenance.                                                  52.1490(c)(16)(vi
                                                                                               ii). 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 (8/27/81)....  Submitted on 7/24/
 26.3.                           Visible Air                                                   79. See 40 CFR
                                 Contaminants.                                                 52.1490(c)(16)(vi
                                                                                               ii).
Section 27....................  Particulate                9/3/81  47 FR 26386 (6/18/82)....  Submitted on 11/17/
                                 Matter from                                                   81. See 40 CFR
                                 Process Weight                                                52.1490(c)(24)(iv
                                 Rate.                                                         ).
Section 28: Subsections 28.1    Fuel Burning             12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
 and 28.2.                       Equipment.                                                    79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii).

[[Page 416]]

 
Section 31....................  Reduction of             12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                 Emission of                                                   79. See 40 CFR
                                 Sulfur from                                                   52.1490(c)(16)(vi
                                 Primary Non-                                                  ii).
                                 Ferrous Smelters.
Section 32: Subsections 32.1,   Reduction of             12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
 32.2.                           Animal Matter.                                                79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii).
Section 33....................  Chlorine in               5/18/84  51 FR 29923 (8/21/86)....  Submitted on 1/11/
                                 Chemical                                                      85. See 40 CFR
                                 Processes.                                                    52.1490(c)(i)(A).
                                                                                               See also
                                                                                               clarification at
                                                                                               69 FR 54006 (9/7/
                                                                                               04.
Section 41....................  Fugitive Dust....         4/29/14  79 FR 60080, 10/6/14.....  Adopted by Clark
                                                                                               County on April
                                                                                               15, 2014 and
                                                                                               submitted by NDEP
                                                                                               on May 27, 2014.
Section 42: Subsections 42.1,   Open Burning.....        12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
 42.3 and 42.4.                                                                                79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii). Subsection
                                                                                               42.2 deleted
                                                                                               without
                                                                                               replacement--see
                                                                                               40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii)(C).
Section 50....................  Storage of               12/28/78  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Petroleum                                                     79. See 40 CFR
                                 Products.                                                     52.1490(c)(16)(ii
                                                                                               ).
Section 51....................  Petroleum Product        12/28/78  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Loading into                                                  79. See 40 CFR
                                 Tank Trucks and                                               52.1490(c)(16)(ii
                                 Trailers.                                                     ).
Section 52: Subsections 52.1-   Handling of              12/28/78  46 FR 21758 (4/14/81)....  Submitted on 7/24/
 52.10 (excluding subsections    Gasoline at                                                   79. See 40 CFR
 52.4.2.3 and 52.7.2).           Service                                                       52.1490(c)(16)(ii
                                 Stations,                                                     ). Subsections
                                 Airports and                                                  52.4.2.3 and
                                 Storage Tanks.                                                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 (6/18/82)....  Submitted on 11/17/
 Gasoline at Service Stations,   recovery and                                                  81. 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 (9/21/04)....  Submitted on 11/10/
                                 Wintertime                                                    03. 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 (9/27/10)....  See 40 CFR
                                 Suspend the                                                   52.1490(c)(74)(i)
                                 Applicability                                                 (A). Section 54
                                 and                                                           was suspended by
                                 Enforceability                                                the Clark County
                                 of All                                                        Board of County
                                 Provisions of                                                 Commissioners
                                 Clark County Air                                              through adoption
                                 Quality                                                       of Ordinance No.
                                 Regulation                                                    3809 on September
                                 Section 54, the                                               15, 2009.
                                 Cleaner Burning                                               Submitted on 3/26/
                                 Gasoline                                                      10 for inclusion
                                 Wintertime                                                    into Appendix C
                                 Program; and                                                  of the 2008 Las
                                 Provide for                                                   Vegas Valley CO
                                 Other Matters                                                 Maintenance Plan.
                                 Properly
                                 Relating Thereto.
Section 60 (excluding           Evaporation and           6/28/79  46 FR 21758 (4/14/81)....  Submitted on 9/18/
 subsections 60.4.2 and          Leakage.                                                      79. See 40 CFR
 60.4.3).                                                                                      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 (3/20/84)....  Submitted on 11/17/
                                 prohibition on                                                81. 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 (6/18/82)....  Submitted on 11/17/
                                 subsection                                                    81. See 40 CFR
                                 60.4.2].                                                      52.1490(c)(24)(iv
                                                                                               ).
Section 70: subsections 70.1-   Emergency                12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
 70.6.                           Procedures.                                                   79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii).

[[Page 417]]

 
Section 80....................  Circumvention....        12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                                                                               79. See 40 CFR
                                                                                               52.1490(c)(16)(vi
                                                                                               ii).
Section 81....................  Provisions of            12/28/78  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                 Regulations                                                   79. See 40 CFR
                                 Severable.                                                    52.1490(c)(16)(vi
                                                                                               ii).
Section 90....................  Fugitive Dust             4/29/14  79 FR 60080, 10/6/14.....  Adopted by Clark
                                 from Open Areas                                               County on April
                                 and Vacant Lots.                                              15, 2014 and
                                                                                               submitted by NDEP
                                                                                               on May 27, 2014.
Section 91....................  Fugitive Dust             4/29/14  79 FR 60080, 10/6/14.....  Adopted by Clark
                                 from Unpaved                                                  County on April
                                 Roads, Unpaved                                                15, 2014 and
                                 Alleys, and                                                   submitted by NDEP
                                 Unpaved Easement                                              on May 27, 2014.
                                 Roads.
Section 92....................  Fugitive Dust             4/29/14  79 FR 60080, 10/6/14.....  Adopted by Clark
                                 from Unpaved                                                  County on April
                                 Parking Lots,                                                 15, 2014 and
                                 Material                                                      submitted by NDEP
                                 Handling &                                                    on May 27, 2014.
                                 Storage Yards, &
                                 Vehicle &
                                 Equipment
                                 Storage Yards.
Section 93....................  Fugitive Dust             4/29/14  79 FR 60080, 10/6/14.....  Adopted by Clark
                                 from Paved Roads                                              County on April
                                 & Street                                                      15, 2014 and
                                 Sweeping                                                      submitted by NDEP
                                 Equipment.                                                    on May 27, 2014.
Section 94....................  Permitting & Dust         3/18/03  71 FR 63250 (10/30/06)...  Originally adopted
                                 Control for            (amended)                              on 6/22/00,
                                 Construction                                                  amendments
                                 Activities.                                                   adopted on 3/18/
                                                                                               03 made effective
                                                                                               4/1/03. Submitted
                                                                                               on 3/26/03. See
                                                                                               40 CFR
                                                                                               52.1490(c)(61)(i)
                                                                                               (A)(1).
                                                                                               Supersedes
                                                                                               earlier version
                                                                                               of rule approved
                                                                                               at 69 FR 32273 (6/
                                                                                               9/04).
Section 94 Handbook...........  Construction               4/1/03  71 FR 63250 (10/30/06)...  Originally adopted
                                 Activities Dust                                               on 6/22/00, and
                                 Control Handbook.                                             amended on 3/18/
                                                                                               03. Submitted on
                                                                                               3/26/03. See 40
                                                                                               CFR
                                                                                               52.1490(c)(61)(i)
                                                                                               (A)(1).
                                                                                               Supersedes
                                                                                               earlier version
                                                                                               of rule approved
                                                                                               at 69 FR 32273 (6/
                                                                                               9/04).
Clark County Building Code,     Residential Wood          12/4/90  68 FR 52838 (9/8/03).....  Adopted on 11/20/
 Section 3708.                   Combustion                                                    90, and submitted
                                 Ordinance                                                     on 11/19/02. See
                                 (Fireplace), No.                                              40 CFR
                                 1249.                                                         52.1490(c)(41)(i)
                                                                                               (A)(1).
----------------------------------------------------------------------------------------------------------------


                               Table 4--EPA-Approved City of Las Vegas Regulations
----------------------------------------------------------------------------------------------------------------
                                                   City effective                                 Additional
         City citation            Title/Subject         date           EPA Approval date          explanation
----------------------------------------------------------------------------------------------------------------
City of Las Vegas Building      Residential Wood         11/21/90  68 FR 52838 (9/8/03).....  Adopted on 11/21/
 Code, Section 3708.             Combustion                                                    90, and submitted
                                 Ordinance                                                     on 11/19/02. See
                                 (Fireplace), No.                                              40 CFR
                                 3538.                                                         52.1490(c)(41)(i)
                                                                                               (A)(2).
----------------------------------------------------------------------------------------------------------------


                            Table 5--EPA-Approved City of North Las Vegas Regulations
----------------------------------------------------------------------------------------------------------------
                                                   City effective                                 Additional
         City citation            Title/Subject         date           EPA Approval date          explanation
----------------------------------------------------------------------------------------------------------------
City of North Las Vegas         Residential Wood          9/18/91  68 FR 52838 (9/8/03).....  Adopted on 9/18/
 Building Code, Section          Combustion                                                    91, and submitted
 13.16.150.                      Ordinance                                                     on 11/19/02. See
                                 (Fireplace), No.                                              40 CFR
                                 1020.                                                         52.1490(c)(41)(i)
                                                                                               (A)(3).
----------------------------------------------------------------------------------------------------------------


[[Page 418]]


                               Table 6--EPA-Approved City of Henderson Regulations
----------------------------------------------------------------------------------------------------------------
                                                   City effective                                 Additional
         City citation            Title/Subject         date           EPA Approval date          explanation
----------------------------------------------------------------------------------------------------------------
City of Henderson Building      Residential Wood         10/15/96  68 FR 52838 (9/8/03).....  Adopted on 10/15/
 Code, Section 15.40.010.        Combustion                                                    96, and submitted
                                 Ordinance                                                     on 11/19/02. See
                                 (Fireplace), No.                                              40 CFR
                                 1697.                                                         52.1490(c)(41)(i)
                                                                                               (A)(4).
----------------------------------------------------------------------------------------------------------------


                                 Table 7--EPA-Approved Washoe County Regulations
----------------------------------------------------------------------------------------------------------------
                                                      District                                    Additional
       District citation          Title/Subject    effective date      EPA Approval date          explanation
----------------------------------------------------------------------------------------------------------------
                                               GENERAL DEFINITIONS
----------------------------------------------------------------------------------------------------------------
010.000.......................  Definitions......          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.005.......................  Air Contaminant..          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.010.......................  Air Pollution....          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.011.......................  Allowable                 5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 emissions.             (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.014.......................  Asphalt..........         5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.015.......................  Atmosphere.......          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.020.......................  Board of Health..          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.025.......................  BTU-British                2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Thermal Unit.                                                 72. See 40 CFR
                                                                                               52.1490(c)(2).
010.028.......................  Cold Cleaner.....         1/24/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.030.......................  Combustion                 2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Contaminants.                                                 72. See 40 CFR
                                                                                               52.1490(c)(2).
010.035.......................  Combustible                2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Refuse.                                                       72. See 40 CFR
                                                                                               52.1490(c)(2).
010.040.......................  Commercial Fuel            2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Oil.                                                          72. See 40 CFR
                                                                                               52.1490(c)(2).
010.045.......................  Condensed Fumes..          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.050.......................  Control Equipment          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.055.......................  Control Officer..          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.057.......................  Conveyorized              1/24/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Degreaser.             (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.059.......................  Cut-back Asphalt.         5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.060.......................  District Health            2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Officer.                                                      72. See 40 CFR
                                                                                               52.1490(c)(2).
010.065.......................  Dusts............          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.070.......................  Emission.........          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.071.......................  Freeboard height.         1/24/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.072.......................  Freeboard ratio..         1/24/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.075.......................  Fuel.............          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.080.......................  Fuel Burning               2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Equipment.                                                    72. See 40 CFR
                                                                                               52.1490(c)(2).
010.085.......................  Garbage..........          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.090.......................  Gas..............          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.091.......................  Gasoline.........         1/24/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.095.......................  Health District..          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.100.......................  Hearing Board....          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).

[[Page 419]]

 
010.105.......................  Incinerator......          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.106.......................  Lowest Achievable         5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Emission Rate.         (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.107B......................  Major Emitting            5/23/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Facility Or            (adopted)                              79. See 40 CFR
                                 Major Stationary                                              52.1490(c)(16)(ii
                                 Source                                                        i).
                                 (Nonattainment
                                 Areas).
010.108.......................  Major                     5/23/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Modification.          (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.110.......................  Mist.............          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.116.......................  Non Attainment            5/23/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Area.                  (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.117.......................  Non Attainment            5/23/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Pollutant.             (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.120.......................  Nuisance.........          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.125.......................  Odor.............          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.130.......................  Opacity..........          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.135.......................  Open Fire........          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.136.......................  Open Top Vapor            1/24/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Degreaser.             (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.140.......................  Particulate                2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Matter.                                                       72. See 40 CFR
                                                                                               52.1490(c)(2).
010.145.......................  Pathological               2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Waste.                                                        72. See 40 CFR
                                                                                               52.1490(c)(2).
010.117.......................  Pellet Stove.....         2/23/06  72 FR 33397 (6/18/07)....  Submitted on 5/5/
                                                                                               06. See 40 CFR
                                                                                               52.1490(c)(63)(i)
                                                                                               (A)(1).
010.148.......................  Penetrating Prime         5/23/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Coat.                  (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.149.......................  Penetrating Seal          5/23/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Coat.                  (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.150.......................  Person...........          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.151.......................  Potential to Emit         5/23/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.155.......................  Process Weight...          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.160.......................  Process Weight             2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Rate.                                                         72. See 40 CFR
                                                                                               52.1490(c)(2).
010.165.......................  Ringelmann Chart.          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.166.......................  Significant               5/23/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Ambient Impact.        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.170.......................  Smoke............          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.175.......................  Source...........          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.1751......................  Source                    5/23/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Registration.          (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
010.180.......................  Stack or Chimney.          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
010.185.......................  Standard                   2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Conditions.                                                   72. See 40 CFR
                                                                                               52.1490(c)(2).
010.197.......................  Volatile Organic          1/24/79  46 FR 21758 (4/14/81)....  Submitted on 4/24/
                                 Compound.              (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
----------------------------------------------------------------------------------------------------------------
                                               GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
020.005.......................  Board of Health-           2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Powers and                                                    72. See 40 CFR
                                 Duties.                                                       52.1490(c)(2).
020.010.......................  Injunctive Relief          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
020.015.......................  Judicial Relief..          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).

[[Page 420]]

 
020.025.......................  Control Officer-           2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Powers and                                                    72. See 40 CFR
                                 Duties.                                                       52.1490(c)(2).
020.035.......................  Violations of              2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Regulations.                                                  72. See 40 CFR
                                                                                               52.1490(c)(2).
020.040.......................  Notice of                  2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Violation.                                                    72. See 40 CFR
                                                                                               52.1490(c)(2).
020.045.......................  Citation.........          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
020.050.......................  Administrative             2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Fines.                                                        72. See 40 CFR
                                                                                               52.1490(c)(2).
020.055.......................  Injunctive Relief          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
020.055.......................  Confidential              1/24/79  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                 information.           (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ix
                                                                                               ).
020.060.......................  Interference with          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Performance of                                                72. See 40 CFR
                                 Duty.                                                         52.1490(c)(2).
020.070.......................  Sampling and               2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Testing.                                                      72. See 40 CFR
                                                                                               52.1490(c)(2).
020.080.......................  Circumvention....          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
020.085.......................  Upset, Breakdown           2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 or Scheduled                                                  72. See 40 CFR
                                 Maintenance.                                                  52.1490(c)(2).
020.090.......................  Registration of            2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Sources.                                                      72. See 40 CFR
                                                                                               52.1490(c)(2).
020.095.......................  Severability.....          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
----------------------------------------------------------------------------------------------------------------
                                        SOURCE REGISTRATION AND OPERATION
----------------------------------------------------------------------------------------------------------------
030.000.......................  Sources--General.         5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
030.005.......................  [Authority to             5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Construct must         (adopted)                              79. See 40 CFR
                                 be issued before                                              52.1490(c)(16)(ii
                                 any building                                                  i).
                                 permit].
030.010.......................  [Limits on                5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Issuance of            (adopted)                              79. See 40 CFR
                                 Authorities to                                                52.1490(c)(16)(ii
                                 Construct].                                                   i).
030.015.......................  [Public notice            5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 requirement for        (adopted)                              79. See 40 CFR
                                 major sources].                                               52.1490(c)(16)(ii
                                                                                               i).
030.025.......................  Registration              5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Application.           (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
030.030.......................  [Limits on effect         5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 of acceptance of       (adopted)                              79. See 40 CFR
                                 permit                                                        52.1490(c)(16)(ii
                                 application or                                                i).
                                 issuance of
                                 Authority to
                                 Construct].
030.110.......................  [modifications]..         5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
030.115(1), (5), and            [Additional               5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
 subsection (B).                 requirements for       (adopted)                              79. See 40 CFR
                                 major sources in                                              52.1490(c)(16)(ii
                                 general and                                                   i).
                                 specific
                                 additional
                                 requirements for
                                 major sources of
                                 nonattainment
                                 pollutants].
030.120.......................  [Violations and           5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Stop Work              (adopted)                              79. See 40 CFR
                                 Orders].                                                      52.1490(c)(16)(ii
                                                                                               i).
030.1201......................  [Person served            5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 with Stop Work         (adopted)                              79. See 40 CFR
                                 Order].                                                       52.1490(c)(16)(ii
                                                                                               i).
030.205.......................  [Registration             5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Requirement].          (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
030.210.......................  [Issuance of              5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Permits to             (adopted)                              79. See 40 CFR
                                 Operate].                                                     52.1490(c)(16)(ii
                                                                                               i).
030.215.......................  [Limits on                5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Meaning of             (adopted)                              79. See 40 CFR
                                 Issuance of                                                   52.1490(c)(16)(ii
                                 Permit to                                                     i).
                                 Operate].

[[Page 421]]

 
030.218.......................  Demonstration of          6/28/12  77 FR 60915 (10/5/12)....  Submitted on 8/30/
                                 Compliance.                                                   12.
030.230.......................  Record Keeping...         6/28/12  77 FR 60915 (10/5/12)....  Submitted on 8/30/
                                                                                               12.
030.235.......................  Requirements for          6/28/12  77 FR 60915 (10/5/12)....  Submitted on 8/30/
                                 Source Sampling                                               12.
                                 and Testing.
030.245.......................  [Permit to                5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Operate is not         (adopted)                              79. See 40 CFR
                                 transferable].                                                52.1490(c)(16)(ii
                                                                                               i).
030.250.......................  [Permit to                5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Operate is             (adopted)                              79. See 40 CFR
                                 subject to                                                    52.1490(c)(16)(ii
                                 suspension or                                                 i).
                                 revocation for
                                 violation].
030.300.......................  Fee and Fee               5/23/79  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                 Schedule.              (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ix
                                                                                               ).
030.305.......................  Plan Review Fees.         5/23/79  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ix
                                                                                               ).
030.310.......................  [Permit to                5/23/79  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                 Operate--Schedul       (adopted)                              79. See 40 CFR
                                 e of Fees].                                                   52.1490(c)(16)(ix
                                                                                               ).
030.970 (subsection A only)...  Part 70 Permit            6/28/12  77 FR 60915 (10/5/12)....  Submitted on 8/30/
                                 Monitoring and                                                12.
                                 Compliance.
030.3101......................  Fuel burning              5/23/79  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                 equipment.             (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ix
                                                                                               ).
030.3102......................  Incinerators.....         5/23/79  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ix
                                                                                               ).
030.3103......................  Storage tanks....         5/23/79  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ix
                                                                                               ).
030.3104......................  Processes........         5/23/79  46 FR 43141 (8/27/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ix
                                                                                               ).
----------------------------------------------------------------------------------------------------------------
                                              PROHIBITED EMISSIONS
----------------------------------------------------------------------------------------------------------------
040.005.......................  Visible Air               2/23/06  72 FR 33397 (6/18/07)....  Submitted on 5/5/
                                 Contaminants.                                                 06. See 40 CFR
                                                                                               52.1490(c)(63)(i)
                                                                                               (A)(1).
040.010.......................  Particulate                2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Matter.                                                       72. See 40 CFR
                                                                                               52.1490(c)(2).
040.015.......................  Specific                   2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Contaminants.                                                 72. See 40 CFR
                                                                                               52.1490(c)(2).
040.020.......................  Dust and Fumes...          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
040.025.......................  Exceptions.......          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
040.030.......................  Dust Control.....         11/1/02  72 FR 25969 (5/8/07).....  Adopted on 7/26/
                                                                                               02. Submitted on
                                                                                               8/5/02. See 40
                                                                                               CFR
                                                                                               52.1490(c)(55)(i)
                                                                                               (A)(2).
040.031.......................  Street Sanding            2/27/02  71 FR 14386 (3/22/06)....  Adopted on 2/27/
                                 Operations.                                                   02. 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 (3/22/06)....  Adopted on 2/27/
                                 Operations.                                                   02. 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 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
040.040.......................  Burning Permit             2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Conditions.                                                   72. See 40 CFR
                                                                                               52.1490(c)(2).
040.045.......................  Refuse Disposal..          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                                                                               72. See 40 CFR
                                                                                               52.1490(c)(2).
040.050.......................  Incinerator                2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Emissions.                                                    72. See 40 CFR
                                                                                               52.1490(c)(2).
040.051.......................  Wood Stove/               2/23/06  72 FR 33397 (6/18/07)....  Submitted on 5/5/
                                 Fireplace Insert                                              06. See 40 CFR
                                 Emissions.                                                    52.1490(c)(63)(i)
                                                                                               (A)(1).
040.060.......................  Sulfur Content of          2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Fuel.                                                         72. See 40 CFR
                                                                                               52.1490(c)(2).
040.065.......................  Reduction of               2/1/72  37 FR 15080 (7/27/72)....  Submitted on 6/12/
                                 Animal Matter.                                                72. See 40 CFR
                                                                                               52.1490(c)(2).
040.070.......................  Storage of                1/24/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Petroleum              (adopted)                              79. See 40 CFR
                                 Products.                                                     52.1490(c)(16)(ii
                                                                                               i).
040.075.......................  Gasoline Loading          1/24/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 into Tank Trucks       (adopted)                              79. See 40 CFR
                                 and Trailers.                                                 52.1490(c)(16)(ii
                                                                                               i).

[[Page 422]]

 
040.080.......................  Gasoline                  1/24/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                 Unloading from         (adopted)                              79. See 40 CFR
                                 Tank Trucks and                                               52.1490(c)(16)(ii
                                 Trailers into                                                 i).
                                 Storage Tanks.
040.085.......................  Organic Solvents.         1/24/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
040.090.......................  Cut-Back Asphalts         5/23/79  46 FR 21758 (4/14/81)....  Submitted on 7/24/
                                                        (adopted)                              79. See 40 CFR
                                                                                               52.1490(c)(16)(ii
                                                                                               i).
040.095.......................  Oxygen content of         9/22/05  73 FR 38124 (7/3/08).....  See 40 CFR
                                 motor vehicle                                                 52.1490(c)(69)(i)
                                 fuel.                                                         (A)(1).
[Related to 040.095]..........  Washoe County             9/22/05  73 FR 38124 (7/3/08).....  See
                                 District Board                                                52.1490(c)(69)(i)
                                 of Health                                                     (A)(1)(i).
                                 Meeting,
                                 September 22,
                                 2005, Public
                                 Hearing-
                                 Amendments--Wash
                                 oe 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 (6/18/07)....  Submitted on 5/5/
                                 Plan.                                                         06. See 40 CFR
                                                                                               52.1490(c)(63)(i)
                                                                                               (A)(1).
060.010.......................  Emergency                  2/1/72  37 FR 15080 (7/27/72)....  Submitted on June
                                 Authority to Act.                                             12, 1972. See 40
                                                                                               CFR
                                                                                               52.1490(c)(2).
060.015.......................  Sampling Stations          2/1/72  37 FR 15080 (7/27/72)....  Submitted on June
                                 and Air Sampling.                                             12, 1972. See 40
                                                                                               CFR
                                                                                               52.1490(c)(2).
060.020.......................  Reports..........          2/1/72  37 FR 15080 (7/27/72)....  Submitted on June
                                                                                               12, 1972. See 40
                                                                                               CFR
                                                                                               52.1490(c)(2).
060.025.......................  Continuing                 2/1/72  37 FR 15080 (7/27/72)....  Submitted on June
                                 Program of                                                    12, 1972. See 40
                                 Voluntary                                                     CFR
                                 Cooperation.                                                  52.1490(c)(2).
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State source-specific permits.[Reserved]
    (e) EPA-approved Nevada nonregulatory provisions and quasi-
regulatory measures.

                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP provision            geographic or       submittal     EPA approval date       Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
                           AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA\1\
----------------------------------------------------------------------------------------------------------------
Section 1--Legal authority.......  State-wide..........       1/28/72  37 FR 10842 (5/31/    See 40 CFR
                                                                        72).                  52.1490(b).
                                                                                              Statutes approved
                                                                                              into the SIP are
                                                                                              listed at the end
                                                                                              of this table.
Legal opinions concerning the      State-wide..........      11/17/72  38 FR 12702 (5/14/    See 40 CFR
 plan.                                                                  73)..                 52.1490(c)(4).
Section 2--Control regulations...  State-wide, Clark               ()  Not applicable......  See paragraph (c)
                                    County and Washoe                                         of 40 CFR 52.1470,
                                    County air                                                above.
                                    districts, and
                                    certain city and
                                    county
                                    jurisdictions.
Section 3--Air quality data        State-wide..........       1/28/72  37 FR 10842 (5/31/    See 40 CFR
 summary (excluding subsection                                          72).                  52.1490(b). An
 3.2).                                                                                        amended subsection
                                                                                              3.2 was submitted
                                                                                              on 12/10/76 and
                                                                                              approved at 43 FR
                                                                                              26932 (8/21/78).
Subsection 3.2 (SO2 Data)........  State-wide..........      12/10/76  43 FR 26932 (8/21/    Superseded
                                                                        78).                  subsection 3.2
                                                                                              from the original
                                                                                              SIP. See 40 CFR
                                                                                              52.1490(c)(12).

[[Page 423]]

 
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
 regions).                                                              78).                  5.1 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)(
 Satisfy the Requirements of                                                                  A)(1).
 Clean Air Act 110(a)(2)(D)(i)
 for the 8-hour Ozone and PM2.5
 NAAQS Promulgated in July 1997
 (January 31, 2007).
Mason Valley 108 (Yerington) and  Mason Valley and          12/29/78  46 FR 21758 (4/14/    TSP nonattainment
 Fernley Area 76 Air Quality       Fernley Area.                       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 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 (Fallon) Air   Carson Desert.......      12/29/78  46 FR 21758 (4/14/    TSP nonattainment
 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 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)
                                                                                              .

[[Page 424]]

 
Winnemucca Segment (70) Air       Winnemucca Segment..      12/29/78  46 FR 21758 (4/14/    TSP nonattainment
 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).
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).

[[Page 425]]

 
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).
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).
Redesignation Request and          Las Vegas Valley,           9/7/12  79 FR 60080 (10/6/    Excludes appendix B
 Maintenance Plan for Particulate   Clark County.                       14).                  (``Documentation
 Matter (PM10), Clark County,                                                                 of the Public
 Nevada (August 2012).                                                                        Review Process'').
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
 Transmission Equipment             County.                             04).                  approval of I/M
 Specifications (June 15, 2000).                                                              program for 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
 Department of Motor Vehicles and   County.                             04).                  approval of I/M
 MD LaserTech for on-road testing                                                             program for Las
 services, dated January 15, 2002.                                                            Vegas Valley and
                                                                                              Boulder City. See
                                                                                              40 CFR
                                                                                              52.1490(c)(49)(ii)
                                                                                              (A)(1).

[[Page 426]]

 
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
 Las Vegas Valley Nonattainment                                                               plan. Adopted by
 Area, Clark County, Nevada,                                                                  Clark County on 10/
 October 2005.                                                                                4/05. 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 427]]

 
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
 2007 from the Nevada Department    County and Washoe                                         describes an
 of Motor Vehicles to the Nevada    County.                                                   upgrade to the
 Division of Environmental                                                                    NV2000 emission
 Protection.                                                                                  analyzer to make
                                                                                              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 428]]

 
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)(
 Meadows Carbon Monoxide Non-                                                                 A)(2).
 Attainment Area (September
 2005), excluding appendices B,
 C, and D.
Second 10-Year Maintenance Plan    Truckee Meadows,           11/7/14  81 FR 59498,8/30/16)  Fulfills
 for the Truckee Meadows 8-Hour     Washoe County.                                            requirement for
 Carbon Monoxide Attainment Area,                                                             second ten-year
 August 28, 2014.                                                                             maintenance plan.
                                                                                              Includes motor
                                                                                              vehicle emissions
                                                                                              budgets for 2015,
                                                                                              2020, 2025 and
                                                                                              2030.
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)(
 2006, Public Hearing-State                                                                   A)(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.
Revisions to the Nevada            Truckee Meadows,            8/5/02  80 FR 76232, 12/8/15  Approval of the
 Particulate Matter (PM10) State    Washoe County.                                            portion of the
 Implementation Plan for the                                                                  2002 PM10
 Truckee Meadows Air Basin                                                                    Attainment Plan
 (August 2002), Section V;                                                                    that demonstrates
 Section VI, Table 4; and                                                                     implementation of
 Appendix B, Tables 1-2 and 1-3                                                               best available
 only.                                                                                        control measures
                                                                                              in compliance with
                                                                                              section
                                                                                              189(b)(1)(B) of
                                                                                              the Clean Air Act.

[[Page 429]]

 
Redesignation Request and          Truckee Meadows,           11/7/14  80 FR 76232, 12/8/15
 Maintenance Plan for the Truckee   Washoe County.
 Meadows 24-Hour PM10
 Nonattainment Area (August 28,
 2014).
Lake Tahoe Basin Nonattainment     Nevada portion of          7/24/79  47 FR 27065 (6/23/    Carbon monoxide
 Area Plan.                         Lake Tahoe Basin--                  82).                  nonattainment
                                    portions of Carson                                        plan. Also,
                                    City, Douglas and                                         includes elements
                                    Washoe counties.                                          related to
                                                                                              photochemical
                                                                                              oxidant. See 40
                                                                                              CFR
                                                                                              52.1490(c)(16)(vii
                                                                                              ). The plan was
                                                                                              approved with
                                                                                              conditions, but
                                                                                              conditions were
                                                                                              revoked at 49 FR
                                                                                              6897 (2/24/84).
Amendments to the Lake Tahoe       Nevada portion of          12/9/82  49 FR 6897 (2/24/84)  Submitted in
 Basin Nonattainment Area Plan.     Lake Tahoe Basin--                                        response to
                                    portions of Carson                                        conditions placed
                                    City, Douglas and                                         on approval of
                                    Washoe counties.                                          1979 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
                                    Washoe counties.                                          1979 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 430]]

 
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
                                    Washoe counties.                                          1979 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
                                    Washoe counties.                                          1979 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).
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)(
 Lake Tahoe Basin, October 2003.    City, Douglas and                                         A)(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.

[[Page 431]]

 
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)(
 and Limited Maintenance Plan for   portions of Carson                                        B). Includes a
 the Nevada Side of the Lake        City, Douglas and                                         State commitment
 Tahoe Basin, October 2003.         Washoe counties.                                          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.
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)(
 redesignation request and          portions of Carson                                        C). Includes
 maintenance plan.                  City, Douglas and                                         emissions
                                    Washoe counties.                                          projections for on-
                                                                                              road motor
                                                                                              vehicles through
                                                                                              2016.
2012 Revision to the Nevada State  Nevada portion of         4/3/2012  82 FR 13235 (3/10/    Adopted on 4/3/
 Implementation Plan for Carbon     Lake Tahoe Basin--                  2017).                2012. Approval
 Monoxide, April 2012.              portions of Carson                                        excludes sections
                                    City, Douglas and                                         3.2.4 and 4. With
                                    Washoe counties.                                          2016 supplement,
                                                                                              fulfills
                                                                                              requirement for
                                                                                              second ten-year
                                                                                              maintenance plan.
2016 Supplement to Nevada's 2nd    Nevada portion of        8/26/2016  82 FR 13239 (3/10/    Adopted on 8/26/
 10-Year CO Limited Maintenance     Lake Tahoe Basin--                  2017).                2016. Approval
 Plan at Lake Tahoe, August 26,     portions of Carson                                        includes revised
 2016.                              City, Douglas and                                         sections 3.2.4 and
                                    Washoe counties.                                          4 (alternative CO
                                                                                              monitoring
                                                                                              strategy and
                                                                                              contingency plan),
                                                                                              2011 emissions
                                                                                              inventory and 2024
                                                                                              projected
                                                                                              emissions
                                                                                              inventory
                                                                                              (Attachment A),
                                                                                              evidence of public
                                                                                              participation
                                                                                              (Attachment B) and
                                                                                              revised table of
                                                                                              contents for 2012
                                                                                              submittal
                                                                                              (Attachment F).
                                                                                              Excludes
                                                                                              Attachments C, D
                                                                                              and E.
Section 6--Emergency episode plan  State-wide..........       1/28/72  37 FR 10842 (5/31/    See 40 CFR
 (excluding subsections 6.1.4,                                          72).                  52.1490(b).
 6.5.2.2; tables 6.1, 6.2 and                                                                 Subsections 6.1.4,
 6.3; Air Pollution Episode                                                                   6.5.2.2; tables
 Notice and; Episode                                                                          6.1, 6.2 and 6.3;
 Communication Checklist).                                                                    Air Pollution
                                                                                              Episode Notice
                                                                                              and; Episode
                                                                                              Communication
                                                                                              Checklist from the
                                                                                              original SIP were
                                                                                              superseded by
                                                                                              amended provisions
                                                                                              approved at 45 FR
                                                                                              46384 (7/10/80).
Subsections 6.1.4 (Emergency       State-wide..........      12/29/78  45 FR 46384 (7/10/    Amends provisions
 Episode Criteria) and 6.5.2.2                                          80).                  from original SIP.
 (Episode Actions); table 6.1                                                                 See 40 CFR
 (Episode stage definitions),                                                                 52.1490(c)(14)(i).
 table 6.2 (Stage 1 episode,
 Stage 2 episode, and Stage 3
 episode), and table 6.3 (Source
 list); Air Pollution Episode
 Notice and; Episode
 Communication Checklist.
Section 7--Compliance schedule...  State-wide..........       1/28/72  37 FR 10842 (5/31/    See 40 CFR
                                                                        72).                  52.1490(b).

[[Page 432]]

 
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
 Plan for the 2008 Lead NAAQS,                                                                2008 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).
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.

[[Page 433]]

 
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
 Nevada PM2.5 SIP.                                                                            regulations, 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)(
 Compliance Assistance Program.                                                               A).
Nevada's Clean Air Act Sec. State-wide..........    12/20/2012  80 FR 67662, 11/3/    ``Infrastructure''
 110(a)(1) and (2) State                                                2015.                 SIP for NDEP,
 Implementation Plan for the 2008                                                             Clark County and
 ozone NAAQS, excluding                                                                       Washoe County for
 appendices A-F for NDEP;                                                                     the 2008 8-hour
 excluding the cover letter to                                                                ozone standard.
 NDEP and attachments A and B for
 Clark County; and excluding the
 cover letter to NDEP and
 Attachments A and B for Washoe
 County.
Supplement to the Nevada Division  State-wide..........     3/25/2016  81 FR 9165, 2/3/2017  Interstate
 of Environmental Protection                                                                  transport
 Portion of the Nevada                                                                        supplement to the
 ``Infrastructure'' SIP for the                                                               ``Infrastructure''
 2008 Ozone NAAQS: CAA Sec. SIP for NDEP,
 110(a)(2)(D)(i)(I), Interstate                                                               Clark County and
 Transport; excluding the cover                                                               Washoe County for
 letter to EPA Region 9 and                                                                   the 2008 8-hour
 attachments A and 2.                                                                         ozone standard.

[[Page 434]]

 
Nevada's Clean Air Act Sec. NDEP jurisdiction        1/18/2013  80 FR 67662, 11/3/    ``Infrastructure''
 110(a)(1) and (2) State            and Clark County.                   2015.                 SIP for NDEP and
 Implementation Plan for the 2010                                                             Clark County for
 nitrogen dioxide NAAQS,                                                                      the 2010 1-hour
 excluding appendices A-G for                                                                 nitrogen dioxide
 NDEP; excluding the cover letter                                                             standard.
 to NDEP and attachments A-C for
 Clark County; and excluding the
 cover letter to NDEP, Washoe
 County portion of Nevada's State
 Implementation Plan for the 2010
 nitrogen dioxide NAAQS, and
 attachments A and B for Washoe
 County.
Washoe County Portion of Nevada's  Washoe County.......     3/15/2013  80 FR 67662, 11/3/    ``Infrastructure''
 Clean Air Act Sec. 110(a)(1)                                         2015.                 SIP for Washoe
 and (2) State Implementation                                                                 County for the
 Plan for the 2010 nitrogen                                                                   2010 1-hour
 dioxide NAAQS, excluding cover                                                               nitrogen dioxide
 letter to NDEP and attachments A-                                                            standard.
 B.
Nevada's Clean Air Act Sec. State-wide..........      6/3/2013  80 FR 67662, 11/3/    ``Infrastructure''
 110(a)(1) and (2) State                                                2015.                 SIP for NDEP,
 Implementation Plan for the 2010                                                             Clark County and
 sulfur dioxide NAAQS, excluding                                                              Washoe County for
 the cover letter and appendices                                                              the 2010 1-hour
 A-E for NDEP; excluding the                                                                  sulfur dioxide
 cover letter to NDEP and                                                                     standard.
 attachments A-C for Clark
 County; and excluding the cover
 letter to NDEP, attachments A-C,
 and public notice information
 for Washoe County.
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)(
 Compliance Assistance Program.                                                               A).
----------------------------------------------------------------------------------------------------------------
                    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 435]]

 
  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,
                                    representative of                                         as published by
                                    general public;                                           the 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,
                                    officers.                                                 as 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,
                                    certain types of                                          as published by
                                    conflicts; effect                                         the Legislative
                                    of abstention on                                          Counsel, State of
                                    quorum and voting                                         Nevada, section
                                    requirements;                                             281A.420).
                                    exceptions.
----------------------------------------------------------------------------------------------------------------
 Nevada Revised Statutes, Title 32, Revenue and Taxation, Chapter 365, Taxes on Certain Fuels for Motor Vehicles
                                                  and Aircraft
----------------------------------------------------------------------------------------------------------------
365.060..........................  ``Motor vehicle            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    fuel'' defined.                                           Statutes (2005).
                                                                                              See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(1).
----------------------------------------------------------------------------------------------------------------

[[Page 436]]

 
            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)(
                                    members and                                               A)(8).
                                    employees;
                                    disqualification;
                                    technical support.
445B.205.........................  Department                 1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    designated as State                                       Statutes (2003).
                                    Air Pollution                                             See 40 CFR
                                    Control Agency.                                           52.1490(c)(56)(i)(
                                                                                              A)(8).
445B.210.........................  Powers of commission       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                                                                              Statutes (2005).
                                                                                              See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(1).

[[Page 437]]

 
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)(
                                    premises.                                                 A)(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)(
                                    stacks.                                                   A)(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)(
                                    proposed                                                  A)(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)(
                                    concerning indirect                                       A)(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)(
                                    alteration of                                             A)(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)(
                                    commission;                                               A)(8).
                                    regulations.
----------------------------------------------------------------------------------------------------------------
             Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Violations
----------------------------------------------------------------------------------------------------------------
445B.450.........................  Notice and order by        1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                    director; hearing;                                        Statutes (2003).
                                    alternative                                               See 40 CFR
                                    procedures.                                               52.1490(c)(56)(i)(
                                                                                              A)(8).
445B.460.........................  Injunctive relief...       1/12/06  72 FR 11 (01/03/07).  Nevada Revised
                                                                                              Statutes (2003).
                                                                                              See 40 CFR
                                                                                              52.1490(c)(56)(i)(
                                                                                              A)(8).
----------------------------------------------------------------------------------------------------------------

[[Page 438]]

 
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,
                                    for purposes of                                           as published by
                                    federal act; powers                                       the 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,
                                    transportation                                            as published by
                                    commission;                                               the 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)(
                                    contaminants.                                             A)(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)(
                                    existing local                                            A)(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)(
                                    warrant.                                                  A)(8).

[[Page 439]]

 
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)(
                                    provisions                                                A)(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)(
                                    penalty.                                                  A)(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 440]]

 
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)(
                                    mobile internal                                           A)(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)(
                                    motor vehicles:                                           A)(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)(
                                    program for                                               A)(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)(
                                    stations by                                               A)(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)(
                                    vehicles; equipment                                       A)(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)(
                                    performance of                                            A)(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)(
                                    for denial,                                               A)(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 441]]

 
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)(
                                    conduct test of                                           A)(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)(
                                    or long-term lease                                        A)(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)(
                                    assistance.                                               A)(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)(
                                    Department of Motor                                       A)(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)(
                                    NRS 445B.770 to                                           A)(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)(
                                    expenditure of                                            A)(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)(
                                    Authority to                                              A)(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)(
                                    Retention of                                              A)(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).

[[Page 442]]

 
445B.840.........................  Unlawful acts.......       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                                                                              Statutes (2005).
                                                                                              See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(1).
445B.845.........................  Criminal penalty;          5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    enforcement of                                            Statutes (2005).
                                    provisions by peace                                       See 40 CFR
                                    officer; mitigation                                       52.1490(c)(71)(i)(
                                    of offense.                                               A)(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)(
                                    Transportation                                            A)(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)(
                                    other employment                                          A)(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)(
                                    duties of                                                 A)(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)(
                                    Matters Related to                                        A)(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)(
                                    documents and                                             A)(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)(
                                    by regulation.                                            A)(1).

[[Page 443]]

 
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)(
                                    assist certain                                            A)(1).
                                    entities to
                                    purchase and obtain
                                    evidence; receipt
                                    and safekeeping of
                                    money.
481.055..........................  Department to keep         5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    main office in                                            Statutes (2005).
                                    Carson City;                                              See 40 CFR
                                    maintenance of                                            52.1490(c)(71)(i)(
                                    branch offices.                                           A)(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)(
                                    private use of                                            A)(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)(
                                    dishonored                                                A)(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)(
                                    Department                                                A)(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)(
                                    or subordination of                                       A)(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)(
                                    operation of motor                                        A)(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)(
                                    officers and peace                                        A)(1).
                                    officers.

[[Page 444]]

 
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)(
                                    agents and                                                A)(1).
                                    designation of
                                    county assessor as
                                    agent; compensation
                                    of certain agents.
482.162..........................  Department to adopt        5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    regulations setting                                       Statutes (2005).
                                    forth criteria for                                        See 40 CFR
                                    determination of                                          52.1490(c)(71)(i)(
                                    whether person is                                         A)(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)(
                                    licensing.                                                A)(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)(
                                    reimbursement of                                          A)(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)(
                                    Department.                                               A)(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)(
                                    registered dealers.                                       A)(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)(
                                    payments;                                                 A)(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)(
                                    deposit of certain                                        A)(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)(
                                    each month;                                               A)(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)(
                                    100,000 miles.                                            A)(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)(
                                    periodic payment of                                       A)(1).
                                    delinquent taxes or
                                    fees; regulations.

[[Page 445]]

 
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)(
                                    tax, penalty or fee                                       A)(1).
                                    in certain
                                    circumstances.
----------------------------------------------------------------------------------------------------------------
     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)(
                                    for registration                                          A)(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)(
                                    rebuilt or foreign                                        A)(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)(
                                    certain vehicles                                          A)(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)(
                                    by registered                                             A)(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)(
                                    or registered                                             A)(1).
                                    dealer; period of
                                    validity of
                                    certificate.
482.245..........................  Contents of                5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    certificates of                                           Statutes (2005).
                                    registration and                                          See 40 CFR
                                    title.                                                    52.1490(c)(71)(i)(
                                                                                              A)(1).

[[Page 446]]

 
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)(
                                    demand of peace                                           A)(1).
                                    officer, justice of
                                    the peace or deputy
                                    of Department;
                                    limitation on
                                    conviction.
482.260..........................  Duties of Department       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    of Motor Vehicles                                         Statutes (2005).
                                    and its agents                                            See 40 CFR
                                    relative to                                               52.1490(c)(71)(i)(
                                    registration of                                           A)(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)(
                                    other devices                                             A)(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)(
                                    plates issued                                             A)(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)(
                                    Corrections.                                              A)(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)(
                                    configuration of                                          A)(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)(
                                    renewed;                                                  A)(1).
                                    exceptions;
                                    issuance of
                                    replacement plates
                                    with same code
                                    after expiration of
                                    registration; fee.

[[Page 447]]

 
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)(
                                    salvage pools.                                            A)(1).
482.272..........................  License plates:            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Motorcycles.                                              Statutes (2005).
                                                                                              See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(1).
482.274..........................  License plates:            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Trailers.                                                 Statutes (2005).
                                                                                              See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(1).
482.275..........................  License plates:            5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    Display.                                                  Statutes (2005).
                                                                                              See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(1).
482.280..........................  Expiration and             5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    renewal of                                                Statutes (2005).
                                    registration.                                             See 40 CFR
                                                                                              52.1490(c)(71)(i)(
                                                                                              A)(1).
482.2805.........................  Department not to          5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    renew registration                                        Statutes (2005).
                                    if local authority                                        See 40 CFR
                                    has filed notice of                                       52.1490(c)(71)(i)(
                                    nonpayment pursuant                                       A)(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)(
                                    nonpayment pursuant                                       A)(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)(
                                    inspection station                                        A)(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)(
                                    required; timing                                          A)(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)(
                                    theft; obtaining of                                       A)(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)(
                                    vehicle if old                                            A)(1).
                                    number destroyed or
                                    obliterated; fee;
                                    penalty for willful
                                    defacement,
                                    alteration,
                                    substitution or
                                    removal of number
                                    with intent to
                                    defraud.
----------------------------------------------------------------------------------------------------------------

[[Page 448]]

 
     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)(
                                    exceptions;                                               A)(1).
                                    registration of
                                    vehicle by person
                                    upon becoming
                                    resident of this
                                    State; penalty;
                                    taxes and fees;
                                    surrender or
                                    nonresident license
                                    plates and
                                    registration
                                    certificate;
                                    citation for
                                    violation.
----------------------------------------------------------------------------------------------------------------
     Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
                Trailers: Licensing, Registration, Sales and Leases--Cancellation of Registration
----------------------------------------------------------------------------------------------------------------
482.461..........................  Failure of mandatory       5/11/07  73 FR 38124 (7/3/08)  Nevada Revised
                                    test of emissions                                         Statutes (2005).
                                    from engines;                                             See 40 CFR
                                    notification; cost                                        52.1490(c)(71)(i)(
                                    of inspection.                                            A)(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)(
                                    practices;                                                A)(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)(
                                    alteration                                                A)(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)(
                                    required.                                                 A)(1).
Nevada Regional Haze State         State-wide..........      11/18/09  77 FR 50936.........  Excluding Appendix
 Implementation Plan (October                                                                 A (``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).


[[Page 449]]


[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; 79 FR 60080, Oct. 6, 2014; 79 FR 62351, Oct. 17, 2014; 79 FR 
62851, Oct. 21, 2014; 80 FR 67662, Nov. 3, 2015; 80 FR 76234, Dec. 8, 
2015; 81 FR 1884, Jan. 14, 2016; 81 FR 59498, Aug. 30, 2016; 82 FR 9165, 
Feb. 3, 2017; 82 FR 13242, Mar. 10, 2017; 82 FR 26354, June 7, 2017]

    Effective Date Notes: 1. At 82 FR 26354, June 7, 2017, Sec. 
52.1470(e) was amended by adding, under the table heading ``Air Quality 
Implementation Plan for the State of Nevada,'' two entries ``2012 
Revision to the Nevada State Implementation Plan for Carbon Monoxide, 
April 2012'' and ``2016 Supplement to Nevada's 2nd 10-Year CO Limited 
Maintenance Plan at Lake Tahoe, August 26, 2016'' after the entry 
``Addendum to the October 27, 2003 letter of transmittal of the 
redesignation request and maintenance plan,'', effective July 7, 2017. 
For the convenience of the user, the added text is set forth as follows:



Sec. 52.1470  Identification of plan.

                                * * * * *

    (e) * * *

                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                    Applicable
                                  geographic or         State
     Name of SIP provision        nonattainment    submittal date      EPA approval date          Explanation
                                       area
----------------------------------------------------------------------------------------------------------------
                           AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2012 Revision to the Nevada     Nevada portion of        4/3/2012  82 FR 26351 (6/7/2017)...  Adopted on 4/3/
 State Implementation Plan for   Lake Tahoe                                                    2012. Approval
 Carbon Monoxide, April 2012.    Basin--portions                                               excludes sections
                                 of Carson City,                                               3.2.4 and 4. With
                                 Douglas and                                                   2016 supplement,
                                 Washoe counties.                                              fulfills
                                                                                               requirement for
                                                                                               second ten-year
                                                                                               maintenance plan.
2016 Supplement to Nevada's     Nevada portion of       8/26/2016  82 FR 26351 (6/7/2017)...  Adopted on 8/26/
 2nd 10-Year CO Limited          Lake Tahoe                                                    2016. Approval
 Maintenance Plan at Lake        Basin--portions                                               includes revised
 Tahoe, August 26, 2016.         of Carson City,                                               sections 3.2.4
                                 Douglas and                                                   and 4
                                 Washoe counties.                                              (alternative CO
                                                                                               monitoring
                                                                                               strategy and
                                                                                               contingency
                                                                                               plan), 2011
                                                                                               emissions
                                                                                               inventory and
                                                                                               2024 projected
                                                                                               emissions
                                                                                               inventory
                                                                                               (Attachment A),
                                                                                               evidence of
                                                                                               public
                                                                                               participation
                                                                                               (Attachment B)
                                                                                               and revised table
                                                                                               of contents for
                                                                                               2012 submittal
                                                                                               (Attachment F).
                                                                                               Excludes
                                                                                               Attachments C, D
                                                                                               and E.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\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).


    Effective Date Notes: 2. At 82 FR 27624, June 16, 2017, Sec. 
52.1470(c) table 3 was amended by revising the entry for ``Section 26:'' 
and table 7 was amended by revising the entries for ``010.000'' and 
``040.051'', effective July 17, 2017. For the convenience of the user, 
the revised text is set forth as follows:



Sec. 52.1470  Identification of plan.

                                * * * * *

    (c) * * *

[[Page 450]]



                                 Table 3--EPA-Approved Clark County Regulations
----------------------------------------------------------------------------------------------------------------
                                                              County
        County citation               Title/subject          effective    EPA approval date       Additional
                                                               date                              explanation
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                   * * * * * *
Section 26.....................  Emission of Visible Air        5/5/2016  82 FR 27622, 6/16/ Submitted on June
                                  Contaminants.                            2017.              29, 2015.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *

                                 Table 7--EPA-Approved Washoe County Regulations
----------------------------------------------------------------------------------------------------------------
                                                             District
       District citation              Title/subject          effective    EPA approval date       Additional
                                                               date                              explanation
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
010.000........................  Definitions............       5/26/2016  82 FR 27622, 6/16/ Submitted on August
                                                                           2017.              15, 2016.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------
040.051........................  Wood-Burning Devices...       5/26/2016  92 FR 27622, 6/16/ Submitted on August
                                                                           2017.              15, 2016.
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
----------------------------------------------------------------------------------------------------------------

                                * * * * *



Sec. 52.1471  Classification of regions.

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

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


[80 FR 67663, Nov. 3, 2015]



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,

[[Page 451]]

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.
    (h) 2008 8-hour ozone NAAQS: The SIPs submitted on December 20, 2012 
are partially disapproved for CAA elements 110(a)(2)(C), (D)(ii), and 
(J) for the NDEP and Washoe County portions of the Nevada SIP.
    (i) 2008 1-hour nitrogen dioxide NAAQS: The SIPs submitted on 
January 18, 2013 are partially disapproved for Clean Air Act (CAA) 
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for the Nevada 
Division of Environmental Quality (NDEP) and Washoe County portions of 
the Nevada SIP.
    (j) 2008 2010 1-hour sulfur dioxide NAAQS: The SIPs submitted on 
June 3, 2013 are disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), 
(D)(ii), and (J) for the NDEP and Washoe County portions of the Nevada 
SIP; no action is taken for CAA element 110(a)(2)(D)(i)(I).

[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; 80 FR 67663, 
Nov. 3, 2015; 82 FR 9166, Feb. 3, 2017]



Sec. 52.1473  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
in Washoe County, since the plan does not provide procedures for making 
emission data, as correlated with allowable emissions, available to the 
public. In addition, Chapter 020.065 of the ``Air Pollution Control 
Regulations'' of the District Board of Health of Washoe County in the 
Northwest Nevada Intrastate Region is disapproved since it contains 
provisions which restrict the public availability of emission data as 
correlated with applicable emission limitations and other control 
measures.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional

[[Page 452]]

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  [Reserved]



Sec. 52.1476  Control strategy: Particulate matter.

    (a) [Reserved]
    (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; 80 FR 76235, Dec. 8, 
2015]



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

[[Page 453]]

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]



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.

[[Page 454]]

    (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. 52.28 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) [Reserved]
    (d) This paragraph (d) is applicable to the Mohave Generating 
Station located in the Las Vegas Intrastate Air Quality Control Region 
(Sec. 81.80 of this chapter).
    (1) Definitions.
    Administrator means the Administrator of EPA or her/his designee.
    Boiler-operating-day shall mean any calendar day in which coal is 
combusted in the boiler of a unit for more than 12 hours. If coal is 
combusted for more than 12 but less than 24 hours during a calendar day, 
the calculation of that day's sulfur dioxide (SO2) emissions 
for the unit shall be based solely upon the average of hourly Continuous 
Emission Monitor System data collected during hours in which coal was 
combusted in the unit, and shall not include any time in which coal was 
not combusted.
    Coal-fired shall mean the combustion of any coal in the boiler of 
any unit. If the Mohave Generating Station is converted to combust a 
fuel other than coal, such as natural gas, it shall not emit pollutants 
in greater amounts than that allowed by paragraph (d) of this section.
    Current owners shall mean the owners of the Mohave Generating 
Station on December 15, 1999.
    Owner or operator means the owner(s) or operator(s) of the Mohave 
Generating Station to which paragraph (d) of this section is applicable.
    Rolling average shall mean an average over the specified period of 
boiler-operating-days, such that, at the end of the first specified 
period, a new daily average is generated each successive boiler-
operating-day for each unit.
    (2) Emission controls and limitations. The owner or operator shall 
install the following emission control equipment, and shall achieve the 
following air pollution emission limitations for each coal-fired unit at 
the Mohave Generating Station, in accordance with the deadlines set 
forth in paragraphs (d) (3) and (4) of this section.
    (i) The owner or operator shall install and operate lime spray dryer 
technology on Unit 1 and Unit 2 at the Mohave Generating Station. The 
owner or operator shall design and construct such lime spray dryer 
technology to comply with the SO2 emission limitations, 
including the percentage reduction and pounds per million BTU in the 
following requirements:

[[Page 455]]

    (A) SO2 emissions shall be reduced at least 85% on a 90-
boiler-operating-day rolling average basis. This reduction efficiency 
shall be calculated by comparing the total pounds of SO2 
measured at the outlet flue gas stream after the baghouse to the total 
pounds of SO2 measured at the inlet flue gas stream to the 
lime spray dryer during the previous 90 boiler-operating-days.
    (B) SO2 emissions shall not exceed .150 pounds per 
million BTU heat input on a 365-boiler-operating-day rolling average 
basis. This average shall be calculated by dividing the total pounds of 
SO2 measured at the outlet flue gas stream after the baghouse 
by the total heat input for the previous 365 boiler-operating-days.
    (C) Compliance with the SO2 percentage reduction emission 
limitation above shall be determined using continuous SO2 
monitor data taken from the inlet flue gas stream to the lime spray 
dryer compared to continuous SO2 monitor data taken from the 
outlet flue gas stream after the baghouse for each unit separately. 
Compliance with the pounds per million BTU limit shall be determined 
using continuous SO2 monitor data taken from the outlet flue 
gas stream after each baghouse. The continuous SO2 monitoring 
system shall comply with all applicable law (e.g., 40 CFR Part 75, or 
such other provisions as may be enacted). The inlet SO2 
monitor shall also comply with the quality assurance-quality control 
procedures in 40 CFR part 75, appendix B.
    (D) For purposes of calculating rolling averages, the first boiler-
operating-day of a rolling average period for a unit shall be the first 
boiler-operating-day that occurs on or after the specified compliance 
date for that unit. Once the unit has operated the necessary number of 
days to generate an initial 90 or 365 day average, consistent with the 
applicable limit, each additional day the unit operates a new 90 or 365 
day (``rolling'') average is generated. Thus, after the first 90 boiler-
operating-days from the compliance date, the owner or operator must be 
in compliance with the 85 percent sulfur removal limit based on a 90-
boiler-operating-day rolling average each subsequent boiler-operating-
day. Likewise, after the first 365 boiler-operating-days from the 
compliance date, the owner or operator must be in compliance with 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

[[Page 456]]

working off-shift or overtime were utilized, to the maximum extent 
practicable, to ensure that such repairs were made as expeditiously as 
possible;
    (3) The amount and duration of excess emissions were minimized to 
the maximum extent practicable during periods of such emissions;
    (4) All reasonable steps were taken to minimize the impact of the 
excess emissions on ambient air quality; and
    (5) The excess emissions are not part of a recurring pattern 
indicative of inadequate design, operation, or maintenance.
    (C) Notwithstanding the foregoing, the owner or operator shall be 
excused from meeting the opacity limitation during cold startup (defined 
as the startup of any unit and associated FFDC system after a period of 
greater than 48 hours of complete shutdown of that unit and associated 
FFDC system) if they demonstrate that the failure to meet such limit was 
due to the breakage of one or more bags caused by condensed moisture.
    (D) Compliance with the opacity emission limitation shall be 
determined using a continuous opacity monitor installed, calibrated, 
maintained and operated consistent with applicable law (e.g., 40 CFR 
Part 60, or such other provisions as may be enacted).
    (iii) The owner or operator shall install and operate low-
NOX burners and overfire air on Unit 1 and Unit 2 at the 
Mohave Generating Station.
    (3) Emission control construction deadlines. The owner or operator 
shall meet the following deadlines for design and construction of the 
emission control equipment required by paragraph (d)(2) of this section. 
These deadlines and the design and construction deadlines set forth in 
paragraph (d)(4)(iii) of this section are not applicable if the emission 
limitation compliance deadlines of paragraph (d)(4) of this section are 
nonetheless met; or coal-fired units at the Mohave Generating Station 
are not in operation after December 31, 2005; or coal-fired units at the 
Mohave Generating Station are not in operation after December 31, 2005 
and thereafter recommence operation in accordance with the emission 
controls and limitations obligations of paragraph (d)(2) of this 
section.
    (i) Issue a binding contract to design the SO2, opacity 
and NOX control systems for Unit 1 and Unit 2 by March 1, 
2003.
    (ii) Issue a binding contract to procure the SO2, opacity 
and NOX control 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

[[Page 457]]

closing. With respect to interim construction deadlines, the owner or 
operator shall issue a binding contract to design the SO2, 
opacity and NOX control systems within six months of the last 
closing, issue a binding contract to procure such systems within 12 
months of such closing, commence physical, on-site construction of 
SO2 and opacity control equipment within 19 months of such 
closing, and complete installation and tie-in of such control systems 
for the first unit within 36 months of the last closing and for the 
second unit within 39 months of the last closing.
    (5) Interim emission limits. (i) For the period of time between the 
date of the consent decree (December 15, 1999) and the date on which 
each unit must commence compliance with the final emission limitations 
set forth in paragraph (d)(2) of this section (``interim period''), the 
following SO2 and opacity emission limits shall apply:
    (i) SO2: SO2 emissions shall not exceed 1.0 
pounds per million BTU of heat input calculated on a 90-boiler-
operating-day rolling average basis for each unit;
    (ii) Opacity: The opacity of emissions shall be no more than 30 
percent, as averaged over each separate 6-minute period within an hour, 
beginning each hour on the hour, measured at the stack, with no more 
than 375 exceedances of 30 percent allowed per calendar quarter 
(including any pro rated portion thereof), regardless of reason. If the 
total number of excess opacity readings from the date of the consent 
decree (December 15, 1999) to the time the owner or operator 
demonstrates compliance with the final opacity limit in paragraph (d)(2) 
of this section, divided by the total number of quarters in the interim 
period (with a partial quarter included as a fraction), is equal to or 
less than 375, the owner or operator shall be in compliance with this 
interim limit.
    (6) Reporting. (i) Commencing on January 1, 2001, and continuing on 
a bi-annual basis through April 1, 2006, or such earlier time as the 
owner or operator demonstrates compliance with the final emission limits 
set forth in paragraph (d)(2) of this section, the owner or operator 
shall provide to the Administrator a report that describes all 
significant events in the preceding six month period that may or will 
impact the installation and operation of pollution control equipment 
described in this paragraph, including the status of a full or partial 
sale of the Mohave Generating Station based upon non-confidential 
information. The owner's 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

[[Page 458]]

pursuant to paragraph (d)), that delays or prevents or can reasonably be 
anticipated to delay or prevent compliance with the deadlines in 
paragraphs (d)(3) and (4) of this section, despite the owner's or 
operator's best efforts to meet such deadlines. The requirement that the 
owner or operator exercise ``best efforts'' to meet the deadline 
includes using best efforts to avoid any force majeure event before it 
occurs, and to use best efforts to mitigate the effects of any force 
majeure event as it is occurring, and after it has occurred, such that 
any delay is minimized to the greatest extent possible.
    (ii) Without limitation, unanticipated or increased costs or changed 
financial circumstances shall not constitute a force majeure event. The 
absence of any administrative, regulatory, or legislative approval shall 
not constitute a force majeure event, unless the owner or operator 
demonstrates that, as appropriate to the approval: they made timely and 
complete applications for such approval(s) to meet the deadlines set 
forth in paragraph (d)(3) of this section or paragraph (d)(4) of this 
section; they complied with all requirements to obtain such approval(s); 
they diligently sought such approval; they diligently and timely 
responded to all requests for additional information; and without such 
approval, the owner or operator will be required to act in violation of 
law to meet one or more of the deadlines in paragraph (d)(3) of this 
section or paragraph (d)(4) of this section.
    (iii) If any event occurs which causes or may cause a delay by the 
owner or operator in meeting any deadline in paragraphs (d) (3) or (4) 
of this section and the owner or operator seeks to assert the event is a 
force majeure event, the owner or operator shall notify the 
Administrator in writing within 30 days of the time the owner or 
operator first knew that the event is likely to cause a delay (but in no 
event later than the deadline itself). The owner or operator shall be 
deemed to have notice of any circumstance of which their contractors or 
subcontractors had notice, provided that those contractors or 
subcontractors were retained by the owner or operator to implement, in 
whole or in part, the requirements of paragraph (d) of this section. 
Within 30 days of such notice, the owner or operator shall provide in 
writing to the Administrator a report containing: an explanation and 
description of the reasons for the delay; the anticipated length of the 
delay; a description of the activity(ies) that will be delayed; all 
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

[[Page 459]]

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.
    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.

[[Page 460]]

    (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 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

[[Page 461]]

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; 82 FR 
3129, Jan. 10, 2017]



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).
    (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,

[[Page 462]]

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; 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.

[[Page 463]]

    (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.
    (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.
    (viii) Repeal and removal of all references to Indirect (Complex) 
Sources

[[Page 464]]

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.
    (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.

[[Page 465]]

    (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.
    (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)).

[[Page 466]]

    (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:
    (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.

[[Page 467]]

    (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, 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,

[[Page 468]]

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 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.

[[Page 469]]

    (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: 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.

[[Page 470]]

    (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.
    (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,

[[Page 471]]

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.
    (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.

[[Page 472]]

    (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.''
    (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:

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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 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:

[[Page 474]]

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 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

[[Page 475]]

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 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,''

[[Page 476]]

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,'' 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,

[[Page 477]]

``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 
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,''

[[Page 478]]

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.
    (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

[[Page 479]]

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 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

[[Page 480]]

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)-(4) [Reserved]
    (5) On November 15, 2012, the New Hampshire Department of 
Environmental Services (NHDES) submitted to a request to amend New 
Hampshire's Chapter Env-A 600 ``Statewide Permit System'' as a revision 
to New Hampshire's State Implementation Plan. The amendment included 
revisions to the state's Nonattainment New Source Review (NNSR) and the 
Prevention of Significant Deterioration (PSD) programs. On March 20, 
2015, New Hampshire submitted a letter to EPA committing to adopt 
revised regulations which address the provisions at 40 CFR 
51.165(a)(5)(i) and (a)(6) and (7) and 51.166(q)(2)(iv) required for EPA 
to fully approve New Hampshire's NNSR and PSD Programs.
    (6) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on 
December 31, 2012, is conditionally approved for Clean Air Act (CAA) 
elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it 
relates to the aspect of the PSD program pertaining to providing 
notification to neighboring states of certain permitting activity being 
considered by New Hampshire. This conditional approval is contingent 
upon New Hampshire taking actions to address these requirements as 
detailed within a final conditional approval dated September 25, 2015.
    (7) 2008 Lead NAAQ: The 110(a)(2) infrastructure SIP submitted on 
November 7, 2011, is conditionally approved for Clean Air Act (CAA) 
elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as it 
relates to the aspect of the PSD program pertaining to providing 
notification to neighboring states of certain permitting activity being 
considered by New Hampshire. This conditional approval is contingent 
upon New Hampshire taking actions to address these requirements as 
detailed within a final conditional approval dated September 25, 2015.
    (8) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP 
submitted on January 28, 2013, is conditionally approved for Clean Air 
Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) 
only as it relates to the aspect of the PSD program pertaining to 
providing notification to neighboring states of certain permitting 
activity being considered by New Hampshire. This conditional approval is 
contingent upon New Hampshire taking actions to address these 
requirements as detailed within a final conditional approval dated 
September 25, 2015.
    (9) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on April 3, 2008, is conditionally approved for Clean Air Act 
(CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) only as 
it relates to the aspect of the PSD program pertaining to providing 
notification to neighboring states of certain permitting activity being 
considered by New Hampshire. This conditional approval is contingent 
upon New Hampshire taking actions to address these requirements as 
detailed within a final conditional approval dated September 25, 2015.
    (10) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on September 18, 2009, is conditionally approved for Clean Air 
Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) 
only as it relates to the aspect of the PSD program pertaining to 
providing notification to neighboring states of certain permitting 
activity being considered by New Hampshire. This conditional approval is 
contingent upon New Hampshire taking actions to address these 
requirements as detailed within a final conditional approval dated 
September 25, 2015.
    (11) 2010 Sulfur Dioxide NAAQS: The 110(a)(2) infrastructure SIP 
submitted on September 13, 2013, is conditionally approved for Clean Air 
Act (CAA) elements 110(a)(2)(C)(ii), (D)(i)(II), D(ii), and (J)(iii) 
only as it relates to the aspect of the PSD program pertaining to 
providing notification to neighboring states of certain permitting 
activity being considered by New Hampshire. This conditional approval is 
contingent upon New Hampshire taking actions to address these 
requirements as detailed

[[Page 481]]

within a final conditional approval dated September 25, 2015.
    (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; 80 FR 57724, Sept. 25, 2015; 80 FR 78139, Dec. 16, 2015; 81 FR 
44553, July 8, 2016]

    Effective Date Note: At 82 FR 24061, May 25, 2017, Sec. 52.1519 was 
amended by removing and reserving paragraphs (a)(5) through (11), 
effective July 24, 2017.



Sec. 52.1520  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for New Hampshire under section 110 of the Clean Air 
Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air 
quality standards or other requirements under the Clean Air Act.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to August 
18, 2009, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as submitted by the state to EPA, and 
notice of any change in the material will be published in the Federal 
Register. Entries for paragraphs (c) and (d) of this section with EPA 
approval dates after August 18, 2009, will be incorporated by reference 
in the next update to the SIP compilation.
    (2) EPA Region 1 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
Implementation Plan as of August 18, 2009.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, New England Regional 
Office, 5 Post Office Square--Suite 100, Boston, MA 02109-3912; Air and 
Radiation Docket and Information Center, EPA West Building, 1301 
Constitution Ave., NW., Washington, DC 20460; and the National Archives 
and Records Administration (NARA). If you wish to obtain materials from 
the EPA Regional Office, please call (617) 918-1668; for materials from 
a docket in the EPA Headquarters Library, please call the Office of Air 
and Radiation (OAR) Docket at (202) 566-1742. For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                     EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State          EPA approval
          State citation              Title/subject     effective date        date\1\            Explanations
----------------------------------------------------------------------------------------------------------------
Env-A 100........................  Organizational             5/3/2003  9/25/2015, 80 FR     Adding definition
                                    Rules: Definitions.                  57724.               of ``Minor permit
                                                                                              amendment'' and
                                                                                              ``State permit to
                                                                                              operate.''
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        9/1/2012  6/24/2014, 79 FR
                                    Standards..                          35699.
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.

[[Page 482]]

 
Env-A 600........................  Statewide Permit           9/1/2012  9/25/2015, 80 FR     Approve revisions
                                    System.                              57724.               to Env-A 618
                                                                                              ``NNSR'' & Env-A
                                                                                              619 ``PSD
                                                                                              Program'' and
                                                                                              withdrawal of Env-
                                                                                              A 610 and 622
                                                                                              ``NNSR Program,''
                                                                                              and Env-A 623
                                                                                              ``PSD Program.''
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 807........................  Testing and              10/31/2002  11/7/2016, 81 FR     Approve Part Env-A
                                    Monitoring                           78054.               807 ``Testing for
                                    Procedures.                                               Opacity of
                                                                                              Emissions.''
Env-A 900........................  Owner or Operator         4/21/2007  11/5/2012, 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           6/1/2011  8/15/2016, 81 FR     Revised sections
                                    Compounds (VOCs)                     53928.               1201.04, 1203.38,
                                    Reasonably                                                and 1222.01
                                    Available Control                                         approved in this
                                    Technology (RACT).                                        action.
Env-A 1300.......................  NOX RACT...........      10/31/2010  8/21/2014, 79 FR     All of Section Env-
                                                                         49462.               A 1300 is
                                                                                              approved, with the
                                                                                              exception of the
                                                                                              phrase ``or any
                                                                                              opacity standard
                                                                                              specified in Env-A
                                                                                              2000'' in
                                                                                              subparagraph Env-A
                                                                                              1311.03(a)(5)
                                                                                              which NH withdrew
                                                                                              from its SIP
                                                                                              submittal. State
                                                                                              re-numbered NOX
                                                                                              RACT from Env-A
                                                                                              1211 to Env-A
                                                                                              1300, and made
                                                                                              several minor
                                                                                              revisions to NOX
                                                                                              RACT requirements.
Env-A 1500.......................  Conformity.........       10/1/2011  11/29/2013, 78 FR
                                                                         71504.
Env-A 2100.......................  Particulate Matter        4/23/2013  11/7/2016, 81 FR     Approve Chapter Env-
                                    and Visible                          78054.               A 2100, except
                                    Emissions                                                 Part Env-A 2103.03
                                    Standards.                                                ``Affirmative
                                                                                              Defense to Penalty
                                                                                              Action,'' which NH
                                                                                              DES did not submit
                                                                                              for approval.
Env-A 2300.......................  Mitigation of            11/22/2014  10/6/2016, 81 FR     Revises Env-A
                                    Regional Haze.                       70361.               2302.02
Env-A 2400.......................  Ferrous and Non-          4/23/2013  11/7/2016, 81 FR     Approve Chapter Env-
                                    Ferrous Foundries,                   78054.               A 2400, except
                                    Smelters, and                                             PART Env-A 2405
                                    Investment Casting                                        ``Affirmative
                                    Operations.                                               Defenses for
                                                                                              Violations of
                                                                                              Visible Emission
                                                                                              Standards,'' which
                                                                                              NH DES did not
                                                                                              submit for
                                                                                              approval.
Env-A 2700.......................  Hot Mix Asphalt           2/16/2013  11/7/2016, 81 FR
                                    Plants.                              78054.
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.

[[Page 483]]

 
Env-A 2800.......................  Sand and Gravel           10/1/2010  11/7/2016, 81 FR
                                    Sources; Non-                        78054.
                                    Metallic Mineral
                                    Processing Plants;
                                    Cement and
                                    Concrete Sources.
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        6/22/2007 and  1/25/2013, 78 FR     EPA is approving
                                    Vehicle Inspection       6/20/2008   5292.                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            1/1/1999  1/25/2013, 78 FR     Approving submitted
                                    Opacity Inspection.                  5292.                regulation with
                                                                                              the exception of
                                                                                              subsection Saf-C
                                                                                              5805.
Title 1 of the New Hampshire       Department of              7/1/1986  12/16/2015, 80 FR    Section 21-O:11,
 Statues: The State and Its         Environmental                        78139.               Air Resources
 Government, Chapter 21-O.          Services.                                                 Council.
Title X of the New Hampshire       Air Pollution              7/1/1979  12/16/2015, 80 FR    Section 125-C:1--
 Statutes: Public Health, Chapter   Control.                             78139.               Declaration of
 125-C.                                                                                       Policy and
                                                                                              Purpose; Section
                                                                                              125-C:2--Definitio
                                                                                              ns; Section 125-
                                                                                              C:4--Rulemaking
                                                                                              Authority;
                                                                                              Subpoena Power;
                                                                                              Section 125-C:6--
                                                                                              Powers and Duties
                                                                                              of the
                                                                                              Commissioner;
                                                                                              Section 125-C:8--
                                                                                              Administration of
                                                                                              Chapter;
                                                                                              Delegation of
                                                                                              Duties; Section
                                                                                              125-C:9--Authority
                                                                                              of the
                                                                                              Commissioner in
                                                                                              Cases of
                                                                                              Emergency; Section
                                                                                              125-C:10--Devices
                                                                                              Contributing to
                                                                                              Air Pollution;
                                                                                              Section 125-C:10a--
                                                                                              Municipal Waste
                                                                                              Combustion Units;
                                                                                              Section 125-C:11--
                                                                                              Permit Required;
                                                                                              Section 125-C:12--
                                                                                              Administrative
                                                                                              Requirements;
                                                                                              Section 125-C:13--
                                                                                              Criteria for
                                                                                              Denial; Suspension
                                                                                              or Revocation;
                                                                                              Modification;
                                                                                              Section 125-C:14--
                                                                                              Rehearings and
                                                                                              Appeals; Section
                                                                                              125-C:18--Existing
                                                                                              Remedies
                                                                                              Unimpaired;
                                                                                              Section 125-C:19--
                                                                                              Protection of
                                                                                              Powers; and
                                                                                              Section 125-C:21--
                                                                                              Severability.

[[Page 484]]

 
Title X of the New Hampshire       Multiple Pollutant         7/1/2002  12/16/2015, 80 FR    Section 125-O:1--
 Statutes: Public Health, Chapter   Reduction Program.                   78139.               Findings and
 125-O.                                                                                       Purpose; Section
                                                                                              125--O:3--Integrat
                                                                                              ed Power Plant
                                                                                              Strategy.
----------------------------------------------------------------------------------------------------------------
\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.
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.

[[Page 485]]

 
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.
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.
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.
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.
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.

[[Page 486]]

 
Gorham Paper and Tissue..........  Order No. ARD-97-        10/19/2012  08/21/2014, 79 FR    NOX RACT order.
                                    003.                                 49462.
Concord Litho Group..............  Order No. ARD-07-        12/31/2013  08/21/2014, 79 FR    VOC RACT order.
                                    003A.                                49462.
Sturm, Ruger & Company...........  Order No. ARD-03-         3/21/2012  08/21/2014, 79 FR    VOC RACT order.
                                    001.                                 49462.
Parker-Hannifin Corporation......  ARD 03-001A........      10/22/2014  8/29/2016, 81 FR     VOC RACT Order.
                                                                         59141.
Textile Tapes Corporation........  ARD-96-001.........       7/30/2015  8/29/2016, 81 FR     VOC RACT Order.
                                                                         59141.
Watts Regulator Company..........  ARD 07-001.........       8/21/2015  8/29/2016, 81 FR     VOC RACT Order.
                                                                         59141.
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (e) Nonregulatory.

                                           New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
    Name of nonregulatory SIP         geographic or     submittal date/  EPA approved date       Explanations
            provision               nonattainment area  effective date          \3\
----------------------------------------------------------------------------------------------------------------
``State of New Hampshire           Statewide..........       1/27/1972  5/31/1972, 37 FR     The plan was
 Implementation Plan''.                                                  10842.               officially
                                                                                              submitted on
                                                                                              January 27, 1972.
Miscellaneous non-regulatory       Statewide..........       2/23/1972  7/27/1972, 37 FR     See 52.1535(c)(1).
 additions to the plan correcting                                        15080.
 minor deficiencies.
Non-regulatory provisions for      Statewide..........       3/23/1972  7/27/1972, 37 FR     See 52.1535(c)(2).
 retention and availability of                                           15080.
 air quality data.
Attainment dates of national       Statewide..........        8/8/1972  9/22/1972, 37 FR     See 52.1535(c)(3).
 primary and secondary air                                               19806.
 quality standards.
Compliance schedules.............  Statewide..........       2/14/1973  6/20/1973, 38 FR     See 52.1535(c)(5).
                                                                         16144.
Compliance schedules.............  Statewide..........       3/22/1973  6/20/1973, 38 FR     See 52.1535(c)(6).
                                                                         16144.
Revision exempting steam           Statewide..........        4/3/1973  12/14/1973, 38 FR    See 52.1535(c)(7).
 locomotives from the plan.                                              34476.
AQMA identification material.....  Statewide..........       5/20/1974  6/2/1975, 40 FR      See 52.1535(c)(9).
                                                                         23746.
Attainment plans to meet the       Statewide..........       5/29/1979  4/11/1980, 45 FR     See 52.1535(c)(12).
 requirements of Part D for                                              24869.
 carbon monoxide for Metropolitan
 Manchester and ozone for AQCR
 121, programs for the review of
 construction and operation of
 new and modified major
 stationary sources of pollution
 in both attainment and non-
 attainment areas and certain
 miscellaneous provisions.
November 6, 1979 letter from New   Statewide..........       11/6/1979  4/11/1980, 45 FR     See 52.1535(c)(12).
 Hampshire Assistant Attorney                                            24869.
 General.
March 17, 1980 letter addressing   Statewide..........       3/17/1980  4/11/1980, 45 FR     See 52.1535(c)(12).
 external emission offsets.                                              24869.
Attainment plans to meet the       Areas designated          9/19/1979  6/23/1980, 45 FR     See 52.1535(c)(13).
 requirements of Part D for total   non-attainment for                   41942.
 suspended particulates and         one or more
 sulfur dioxide in Berlin, NH.      pollutants.

[[Page 487]]

 
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..........       1/30/1980  12/18/1980, 45 FR    See 52.1535(c)(17).
 monitoring plan, intended to                                            83227.
 meet requirements of 40 CFR Part
 58.
A plan to attain and maintain the  Statewide..........       4/15/1980  7/15/1981, 46 FR     See 52.1535(c)(18).
 National Ambient Air Quality                                            36699.
 Standard for lead and to amend
 the state's air quality
 standards.
A letter further explaining the    Statewide..........       12/9/1980  7/15/1981, 46 FR     See 52.1535(c)(18).
 state procedures for review of                                          36699.
 new major sources of lead
 emissions and confirming the use
 of reference methods.
Revisions to meet the              City of Manchester.       1/12/1981  1/7/1982, 47 FR 763  See 52.1535(c)(19).
 requirements of Part D and                                                                   These revisions
 certain other sections of the                                                                supplement the
 Clean Air Act, as amended, for                                                               1979 CO attainment
 attaining carbon monoxide                                                                    plan.
 standards in the City of
 Manchester.
Revision to the January 12, 1981   City of Manchester.       2/18/1981  1/7/1982, 47 FR 763  See 52.1535(c)(19).
 CO Attainment Plan for
 Manchester, NH.
Carbon monoxide attainment plan    City of Manchester.       10/5/1982  6/27/1983, 48 FR     See 52.1535
 revisions for the City of                                               29479.               (c)(23).
 Manchester which meet the
 requirements of Part D of the
 Act for 1982 SIP revisions.
Revision to the October 5, 1982    City of Manchester.      12/20/1982  6/27/1983, 48 FR     See 52.1535(c)(23).
 CO Attainment Plan for                                                  29479.
 Manchester, NH.
The TSP Plan to attain primary     Berlin, NH.........        5/9/1984  9/27/1984, 49 FR     See 52.1535(c)(33).
 standards in Berlin, New                                                38104.
 Hampshire.
Letter from the New Hampshire Air  Statewide..........       4/26/1985  9/17/1987, 52 FR     See 52.1535(c)(37).
 Resources Commission submitting                                         35081.
 revisions to the SIP.
Letter interpreting NH's           Statewide..........       1/20/1986  9/17/1987, 52 FR     See 52.1535(c)(37).
 regulation for Continuous                                               35081.
 Emission Monitoring Systems.
NH Letter of intent to implement   Statewide..........       5/12/1987  9/17/1987, 52 FR     See 52.1535(c)(37).
 applicable emission limits                                              35081.
 required by EPA's New Source
 Performance Standard (NSPS).
Letter submitting a revision to    Nashua and 11             9/12/1985  8/25/1988, 53 FR     See 52.1535(c)(39).
 the CO Attainment Plan for the     surrounding towns.                   32391.               Attainment plans
 City of Nashua, NH.                                                                          for carbon
                                                                                              monoxide for the
                                                                                              City of Nashua
                                                                                              including an
                                                                                              extension of the
                                                                                              attainment date to
                                                                                              December 31, 1990.

[[Page 488]]

 
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.
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.

[[Page 489]]

 
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.
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.

[[Page 490]]

 
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.
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.

[[Page 491]]

 
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.
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.

[[Page 492]]

 
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.
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.

[[Page 493]]

 
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.
Submittal to meet Clean Air Act    State of New              1214/2007  7/8/2011, 76 FR      This action
 Section 110(a)(2) Infrastructure   Hampshire.                           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).

[[Page 494]]

 
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..........       7/26/2011  11/8/2012, 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  1/25/2013, 78 FR
 Hampshire Vehicle Inspection and                                        5292.
 Maintenance Program SIP Revision.
Infrastructure SIP for 2008 ozone  Statewide..........      12/31/2012  12/16/2015, 80 FR    Approved submittal,
 NAAQS.                                                                  78139.               except for certain
                                                                                              aspects relating
                                                                                              to PSD which were
                                                                                              conditionally
                                                                                              approved. See
                                                                                              52.1519.
Infrastructure SIP for the 2008    Statewide..........       11/7/2011  12/16/2015, 80 FR    Approved submittal,
 Lead NAAQS.                                                             78139.               except for certain
                                                                                              aspects relating
                                                                                              to PSD which were
                                                                                              conditionally
                                                                                              approved. See
                                                                                              52.1519.
Infrastructure SIP for the 2010    Statewide..........       1/28/2013  12/16/2015, 80 FR    Approved submittal,
 NO2 NAAQS.                                                              78139.               except for certain
                                                                                              aspects relating
                                                                                              to PSD which were
                                                                                              conditionally
                                                                                              approved. See
                                                                                              52.1519.
Infrastructure SIP for the 1997    Statewide..........        7/3/2012  12/16/2015, 80 FR    Items that were
 PM2.5 NAAQS.                                                            78139.               previously
                                                                                              conditionally
                                                                                              approved on 10/16/
                                                                                              12 now fully
                                                                                              approved.
Infrastructure SIP for 2006 PM2.5  Statewide..........       9/18/2009  12/16/2015, 80 FR    Items that were
 NAAQS.                                                                  78139.               previously
                                                                                              conditionally
                                                                                              approved on 10/16/
                                                                                              12 now fully
                                                                                              approved.
Request for exemption from         Merrimack Valley--       12/31/2012  12/16/2015, 80 FR    State's request for
 contingency plan obligation.       Southern New                         78139.               exemption from
                                    Hampshire AQCR.                                           contingency plan
                                                                                              obligation, made
                                                                                              pursuant to 40 CFR
                                                                                              51.122(d), is
                                                                                              granted in light
                                                                                              of the area's
                                                                                              designation as
                                                                                              unclassifiable/
                                                                                              attainment for the
                                                                                              2008 ozone NAAQS.
Regional Haze Five-Year Progress   Statewide..........      12/16/2014  10/6/2016, 81 FR
 Report.                                                                 70361.

[[Page 495]]

 
Transport SIP for the 2008 Ozone   Statewide..........       Submitted  10/13/2016, 81 FR    State submitted a
 Standard.                                                   11/7/2015   70632.               transport SIP for
                                                                                              the 2008 ozone
                                                                                              standard which
                                                                                              shows it does not
                                                                                              significantly
                                                                                              contribute to
                                                                                              ozone
                                                                                              nonattainment or
                                                                                              maintenance in any
                                                                                              other state. EPA
                                                                                              approved this
                                                                                              submittal as
                                                                                              meeting the
                                                                                              requirements of
                                                                                              Clean Air Act
                                                                                              Section
                                                                                              110(a)(2)(D)(i)(I)
                                                                                              .
Transport SIP for the 1997 Ozone   Statewide..........  Submitted 3/11/ 4/10/2017, 82 FR     State submitted a
 Standard.                                                        2008   17124.               transport SIP for
                                                                                              the 1997 ozone
                                                                                              standards which
                                                                                              shows it does not
                                                                                              significantly
                                                                                              contribute to
                                                                                              ozone
                                                                                              nonattainment or
                                                                                              maintenance in any
                                                                                              other state. EPA
                                                                                              approved this
                                                                                              submittal as
                                                                                              meeting the
                                                                                              requirements of
                                                                                              Clean Air Act
                                                                                              Section
                                                                                              110(a)(2)(D)(i)(I)
                                                                                              .
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[74 FR 50120, Sept. 30, 2009, as amended at 76 FR 40257, July 8, 2011; 
76 FR 49672, Aug. 11, 2011; 77 FR 5702, Feb. 6, 2012; 77 FR 50607, 
50610, Aug. 22, 2012; 77 FR 63233, Oct. 16, 2012; 77 FR 63233, Oct. 16, 
2012; 77 FR 66395, Nov. 5, 2012; 77 FR 66926, Nov. 8, 2012; 78 FR 5302, 
Jan. 25, 2013; 78 FR 71507, Nov. 29, 2013; 79 FR 20099, Apr. 11, 2014; 
79 FR 30736, May 29, 2014; 79 FR 35699, June 24, 2014; 79 FR 49462, Aug. 
21, 2014; 80 FR 57724, Sept. 25, 2015; 80 FR 78139, Dec. 16, 2015; 81 FR 
44553, July 8, 2016; 81 FR 53928, Aug. 15, 2016; 81 FR 59141, Aug. 29, 
2016; 81 FR 70361, Oct. 12, 2016; 81 FR 70632, Oct. 13, 2016; 81 FR 
78054, Nov. 7, 2016; 82 FR 17126, Apr. 10, 2017]

    Effective Date Note: At 82 FR 24061, May 25, 2017, Sec. 52.1520 was 
amended in the table in paragraph (c) by revising the entries for ``Env-
A 200'' and ``Env-A 600''; and removing the entry for ``Env-A 700''; and 
in the table in paragraph (e) by revising the entries ``Infrastructure 
SIP for 2008 ozone NAAQS'', ``Infrastructure SIP for the 2008 Lead 
NAAQS'', ``Infrastructure SIP for the 2010 NO2 NAAQS'', 
``Infrastructure SIP for the 1997 PM2.5 NAAQS'', and 
``Infrastructure SIP for 2006 PM2.5 NAAQS''; adding the entry 
``Infrastructure SIP for the 2010 SO2 NAAQS'' after the entry 
``Infrastructure SIP for the 2010 NO2 NAAQS''; and adding an 
entry for ``Transport SIP for the 2010 NO2 Standard'' to the 
end of the table, effective July 24, 2017. For the convenience of the 
user, the added and revised text is set forth as follows:



Sec. 52.1520  Identification of plan.

                                * * * * *

    (c) * * *

                                     EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State       EPA approval date
         State citation             Title/subject    effective date          \1\               Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Env-A 200......................  Permit Notice and   ..............  5/25/2017, 82 FR    Removal of Env-A 205
                                  Hearing                             24057.              from SIP
                                  Procedures.
 
                                                  * * * * * * *
 

[[Page 496]]

 
                                                  * * * * * * *
Env-A 600......................  Statewide Permit          10/22/16  5/25/2017, 82 FR    Revisions to Env-A
                                  System.                             24057.              618.01, 618.02(c), Env-
                                                                                          A 618.04(b), Env-A
                                                                                          618.04(d), Env-A
                                                                                          619.03(c), 619.07 and
                                                                                          Env-A 621(except for
                                                                                          621.10)
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.

                                * * * * *

    (e) * * *

                                           New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
                                                          State
   Name of nonregulatory SIP         Applicable         submittal     EPA approved date
           provision                geographic or    date/effective         \ 3\               Explanations
                                 nonattainment area        date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure SIP for 2008      Statewide.........      12/31/2012  5/25/2017, 82 FR    Items that were
 ozone NAAQS.                                                         24057.              conditionally approved
                                                                                          on 12/16/15 are now
                                                                                          fully approved.
Infrastructure SIP for the 2008  Statewide.........       11/7/2011  5/25/2017, 82 FR    Items that were
 Lead NAAQS.                                                          24057.              conditionally approved
                                                                                          on 12/16/15 are now
                                                                                          fully approved.
Infrastructure SIP for the 2010  Statewide.........       1/28/2013  5/25/2017, 82 FR    Items that were
 NO2 NAAQS.                                                           24057.              conditionally approved
                                                                                          on 12/16/15 are now
                                                                                          fully approved.
Infrastructure SIP for the 2010  Statewide.........       7/13/2013  5/25/2017, 82 FR    Items that were
 SO2 NAAQS.                                                           24057.              conditionally approved
                                                                                          on 7/8/2016 are now
                                                                                          fully approved.
Infrastructure SIP for the 1997  Statewide.........        7/3/2012  5/25/2017, 82 FR    Items that were
 PM2.5 NAAQS.                                                         24057.              conditionally approved
                                                                                          on 12/16/15 are now
                                                                                          fully approved.
Infrastructure SIP for 2006      Statewide.........       9/18/2009  5/25/2017, 82 FR    Items that were
 PM2.5 NAAQS.                                                         24057.              conditionally approved
                                                                                          on 12/16/15 are now
                                                                                          fully approved.
 
                                                  * * * * * * *
Transport SIP for the 2010 NO2   Statewide.........      11/17/2015  5/25/2017, 82 FR
 Standard.                                                            24057.
----------------------------------------------------------------------------------------------------------------
\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.



Sec. 52.1521  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                     Pollutant
                                 -------------------------------------------------------------------------------
   Air quality control region       Particulate                      Nitrogen         Carbon
                                      matter       Sulfur oxides      dioxide        monoxide          Ozone
----------------------------------------------------------------------------------------------------------------
Androscoggin Valley Interstate..              IA             III             III             III             III
Central New Hampshire Intrastate             III             III             III             III             III
Merrimack Valley--Southern New                 I             III             III             III               I
 Hampshire Interstate...........
----------------------------------------------------------------------------------------------------------------


[37 FR 10879, May 31, 1972, as amended at 45 FR 24876, Apr. 11, 1980; 80 
FR 78141, Dec. 16, 2015; 81 FR 44554, July 8, 2016]

[[Page 497]]



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.

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


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



Sec. 52.1524  Compliance schedules.

    (a) Compliance schedules for the sources identified below are 
approved as meeting the requirements of subpart N of this chapter. All 
regulations cited are air pollution control regulations of the State, 
unless otherwise noted.

--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved      Date of adoption        Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Markem Corporation.................  Keene, NH.............  No. 1204.05...........  Feb. 10, 1984........  Feb. 19, 1981........  July 1, 1985.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (c) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of subpart N of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved        Date of adoption
----------------------------------------------------------------------------------------------------------------
Brown Co.............................  Berlin, N.H............  No. 15.................  May 14, 1973.
----------------------------------------------------------------------------------------------------------------


[[Page 498]]

    (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.
----------------------------------------------------------------------------------------------------------------


[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.

[[Page 499]]

 
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.
                                                             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.

[[Page 500]]

 
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)
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.

[[Page 501]]

 
                                                            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.
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;

[[Page 502]]

 
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
    (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

[[Page 503]]

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 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

[[Page 504]]

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.

    (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. 52.28 are hereby incorporated and made a part of the 
applicable plan for the State of New Hampshire.
    (c) [Reserved]

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
82 FR 3129, Jan. 10, 2017]



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

[[Page 505]]

serious area, and the New Hampshire portion of the Boston-Lawrence-
Worcester serious area.
    (b) Approval--Revisions to the State Implementation Plan submitted 
by the New Hampshire Department of Environmental Protection on June 1, 
1998. The revisions are for the purpose of satisfying the one-hour ozone 
attainment demonstration requirements of section 182(c)(2)(A) of the 
Clean Air Act, for the Boston-Lawrence-Worcester, MA-NH serious ozone 
nonattainment area. The revision establishes a one-hour attainment date 
of November 15, 2007 for the Boston-Lawrence-Worcester, MA-NH serious 
ozone nonattainment area. This revision establishes motor vehicle 
emissions budgets of 10.72 tons per day of volatile organic compounds 
(VOC) and 21.37 tons per day of nitrogen oxides (NOX) to be 
used in transportation conformity in the New Hampshire portion of the 
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area.
    (c) Determination of Attainment. Effective March 18, 2008, EPA is 
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-
hour ozone nonattainment area has attained the 8-hour ozone standard. 
Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), this determination suspends the reasonable further progress and 
attainment demonstration requirements of section 182(b)(1) and related 
requirements of section 172(c)(9) of the Clean Air Act for as long as 
the area does not monitor any violations of the 8-hour ozone standard. 
If a violation of the ozone NAAQS is monitored in the Boston-Manchester-
Portsmouth (SE), New Hampshire 8-hour ozone nonattainment area, this 
determination shall no longer apply.
    (d) Approval--Revision to the State Implementation Plan submitted by 
the New Hampshire Department of Environmental Services on May 28, 2008. 
This revision establishes Year 2009 motor vehicle emission budgets of 
15.31 tons per summer day of volatile organic compounds (VOC) and 28.53 
tons per summer day of nitrogen oxides (NOX) to be used in 
transportation conformity in the Boston-Manchester-Portsmouth (SE), New 
Hampshire moderate 8-hour ozone nonattainment area.
    (e) Determination of Attainment. Effective April 18, 2011, EPA is 
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-
hour ozone nonattainment area has attained the 1997 8-hour ozone 
standard based on 2007-2009 monitoring data. Under the provisions of 
EPA's ozone implementation rule (see 40 CFR 51.918), this determination 
suspends the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean 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

[[Page 506]]

ozone nonattainment area met the one-hour ozone standard, by the area's 
applicable attainment date of November 15, 1993, based on 1991-1993 
complete, certified, quality-assured ozone monitoring data at all 
monitoring sites in the area. Separate from and independent of this 
determination, EPA is determining that the Manchester marginal one-hour 
ozone nonattainment area has attained the one-hour ozone standard, since 
1993, and that it continues to attain based on complete quality-assured 
ozone monitoring data through 2011.
    (i) Approval--EPA is approving a redesignation request for the 
Boston-Manchester-Portsmouth (SE), New Hampshire moderate 1997 8-hour 
ozone nonattainment area. New Hampshire submitted this request on March 
2, 2012, and supplemented this submittal on September 21, 2012. As part 
of the redesignation request, the State submitted a maintenance plan as 
required by section 175A of the Clean Air Act. Elements of the section 
175 maintenance plan include a contingency plan and an obligation to 
submit a subsequent maintenance plan revision as required by the Clean 
Air Act. The ozone maintenance plan also establishes 2008 and 2022 Motor 
Vehicle Emission Budgets (MVEBs) for the area. New Hampshire is 
establishing 2008 MVEBs of 17.8 tons per summer weekday (tpswd) of VOC 
and 37.2 tpswd of NOX, for the Boston-Manchester-Portsmouth 
(SE), New Hampshire 1997 8-hour ozone maintenance area. In addition, New 
Hampshire is establishing MVEBs for 2022 at 9.2 tpswd of VOC and 11.8 
tpswd of NOX, for the same area. The 2008 and 2022 MVEBs were 
prepared with the MOVES model. Previously SIP-approved 2009 MVEBs 
prepared with MOBILE6.2 are being withdrawn. Finally, EPA is also 
approving a comprehensive 2008 emission inventory for this area.
    (j) Approval--EPA is approving the Clean Air Act section 110(a)(1) 
maintenance plan for the 1997 8-hour ozone National Ambient Air Quality 
Standard in the area of the New Hampshire required to have such a plan. 
This area includes portions of Hillsborough, Merrimack, Rockingham, and 
Strafford Counties, and all of Cheshire County. This maintenance plan 
was submitted to EPA on March 2, 2012.

[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; 81 FR 32239, May 23, 2016]



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.

[[Page 507]]

    (10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11, 
13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air 
Pollution Control Agency.
    (11) Revision to Regulation 18, ``Requirements for Recordkeeping at 
Facilities which Discharge Air Contaminants,'' submitted on May 28, 
1975, by the New Hampshire Air Pollution Control Agency.
    (12) Attainment plans to meet the requirements of Part D for carbon 
monoxide for Metropolitan Manchester and ozone for AQCR 121, programs 
for the review of construction and operation of new and modified major 
stationary sources of pollution in both attainment and non-attainment 
areas and certain miscellaneous provisions were submitted on May 29, 
1979, November 6, 1979, and March 17, 1980.
    (13) Attainment plans to meet the requirements of Part D for total 
suspended particulates and sulfur dioxide in Berlin were submitted by 
the Governor of New Hampshire on September 19, 1979.
    (14) Revisions to Regulation 5, Prevention, Abatement, and Control 
of Sulfur Emission from Stationary Combustion Equipment, submitted by 
the Governor of New Hampshire on July 12, 1973 and April 11, 1975.
    (15) A plan to provide comprehensive public participation and an 
analysis of the effects of the New Hampshire 1979 SIP revisions were 
submitted on February 28, 1980.
    (16) Revised regulations to assure reasonable further progress and 
compliance by owners of proposed new sources with Federal as well as 
state regulations were submitted on July 8, 1980.
    (17) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the New Hampshire Air 
Resource Agency Director on January 30, 1980.
    (18) A plan to attain and maintain the National Ambient Air Quality 
Standard for lead and to amend the state's air quality standards was 
submitted on April 15, 1980. A letter further explaining the state 
procedures for review of new major sources of lead emissions and 
confirming the use of reference methods was submitted on December 9, 
1980 by the Director of the Air Resources Agency.
    (19) Revisions to meet the requirements of Part D and certain other 
sections of the Clean Air Act, as amended, for attaining carbon monoxide 
standards in the City of Manchester which were submitted on January 12, 
1981 and February 18, 1981. The revisions supplement the 1979 CO 
attainment plan (Sec. 52.1520(c)(12)) and include three air quality-
improving transportation projects and a schedule for submitting a plan 
which will demonstrate attainment by no later than December 31, 1987.
    (20) Revisions to meet ozone attainment requirements of Part D (VOC 
Control Regulations) were submitted on August 17, 1981 and are approved 
as follows: Regulations Air 1204.03, 1204.11(d), 1204.12, 1204.13, 
1204.18 and 1204.21.
    (21) Operating permits with compliance schedules for VOC sources 
were 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.

[[Page 508]]

      CHAPTER Air 1200, PART Air 1201, Sections 1201.01-1201.06, 
1201.08-1201.11; PARTs Air 1202; 1203; 1204, Sections 1204.01-1204.16, 
1204.18-1204.21; PARTs Air 1205; 1207; 1208.

    (23) Carbon monoxide attainment plan revisions for the City of 
Manchester which meet the requirements of Part D of the Act for 1982 SIP 
revisions. The revisions were submitted on October 5, 1982 and December 
20, 1982 by the New Hampshire Air Resources Agency.
    (24) A revision specifying the State will follow Federal permit 
notice and hearing procedures for applications subject to PSD 
requirements was submitted by the Air Resources Commission on November 
19, 1982.
    (25) Revisions to the State Implementation Plan for ozone, 
consisting of emission limits and compliance schedules for Oak Materials 
Group, Ideal Tape Co., Markem Corp., Essex Group, and Nashua Corp.'s 
Merrimack Facility, were submitted on December 23, 1982, December 30, 
1982, January 19, 1983, and March 18, 1983.
    (26) Revisions to CHAPTER Air 400, Section Air 402.02 (formerly 
Regulation 5). raising the allowable sulfur-in-oil limit for all but ten 
sources, were submitted by New Hampshire on July 12, 1973, April 11, 
1975, December 21, 1982 and March 29, 1983. The excluded sources are:

    1. International Packings Corp., Bristol.
    2. Dartmouth College, Hanover.
    3. Hinsdale Products Co., Inc., Hinsdale.
    4. Groveton Paper Co., Northumberland.
    5. James River Corp./Cascade Division, Gorham.
    6. Velcro USA, Inc., Manchester.
    7. ATC Petroleum, Newington.
    8. Anheuser-Busch, Inc., Merrimack.
    9. Hoague-Sprague Corp., West Hopkinton.
    10. Public Service Co., Manchester Steam, Manchester.

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

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

    (30) Revisions to Air 1201.05 adding paragraph (e), concerning 
hazardous waste incinerators, was submitted on 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.

[[Page 509]]

The installation of the incinerator must be completed by July 1, 1985.
    (33) The TSP plan to attain primary standards in Berlin, New 
Hampshire and the administrative order issued May 2, 1984 to the James 
River Corporation which were submitted by the Air Resources Agency on 
May 9, 1984.
    (34) Revisions to Part (Air) 610 of Chapter 600, ``Statewide Permit 
System'' for the preconstruction permitting of new major sources and 
major modifications in nonattainment areas submitted on April 9, 1984 
and September 10, 1984 by the New Hampshire Air Resources Commission.
    (35) A revision to approve operating limits for boilers at Dartmouth 
College, submitted on May 19, 1986 by the Director of the New Hampshire 
Air Resources Agency.
    (i) Incorporation by reference.
    (A) Permits to Operate issued by the State of New Hampshire Air 
Resources Agency to Dartmouth College, No. PO-B-1501.5, No. PO-B-1502.5, 
and No. PO-B-1503.5, and Temporary Permit TP-B-150.2, 3, and 4, dated 
January 6, 1986.
    (36) Approval of a revision to allow the James River Corporation 
(Cascade Mill), Gorham, to burn oil having a 2.2% sulfur-by-weight limit 
in accordance with previously approved SIP regulation Chapter Air 400, 
Section Air 402.02, submitted on February 11, 1985. This sources was 
excluded from revisions pertaining to New Hampshire regulation Chapter 
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this 
section), but New Hampshire has now submitted adequate technical support 
for approval.
    (37) Revisions to the State Implementation Plan submitted on April 
26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources 
Commission.
    (i) Incorporation by reference.
    (A) Letter dated April 26, 1985 from the New Hampshire Air Resources 
Commission submitting revisions to the State Implementation Plan for EPA 
approval.
    (B) Revisions to New Hampshire Code of Administrative Rules, Part 
Air 704.01, ``Permit Review Fee for Large Fuel Burning Devices,'' Part 
Air 704.02, ``Permit Review Fee for All Other Devices,'' Part Air 
706.01, ``Renewal Review Fee For Large Fuel Burning Devices,'' Part Air 
706.02, ``Renewal Review Fee For All Other Devices,'' Part Air 1202, 
``Fuel Burning Devices,'' effective on December 27, 1984.
    (C) Certification from the State of New Hampshire dated April 26, 
1985.
    (D) Letter from the State of New Hampshire dated January 20, 1986.
    (E) Letter from the State of New Hampshire dated May 12, 1987.
    (38) Approval of a revision to allow the James River Corporation, 
Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance 
with previously approved SIP regulation CHAPTER Air 400, Section Air 
402.02, submitted on January 22, 1986. This source was previously 
excluded from revisions pertaining to New Hampshire regulation CHAPTER 
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this 
section), but New Hampshire has now submitted adequate technical support 
for approval.
    (i) Incorporation by reference.
    (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,

[[Page 510]]

and Sec. 716.01 Introductory Text and paragraph (g) of Part Saf-M-716, 
submitted to New Hampshire Department of Safety by the State of New 
Hampshire on August 14, 1985.
    (ii) Additional material.
    (A) A letter from Governor John H. Sununu to Michael R. Deland, 
dated March 6, 1987, committing to take legislative measures to convert 
the Inspection/Maintenance program in the Nashua area to the use of 
computerized emission analyzers in the event that the program is found 
to not be achieving the necessary emission reductions.
    (B) Narrative submittals, including an attainment demonstration.
    (40) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 6, 1989.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated July 
6, 1989 submitting revisions to the New Hampshire State Implementation 
Plan.
    (B) Revisions to New Hampshire's Rule Env-A 303.01 entitled 
``Particulate Matter,'' effective April 21, 1989.
    (C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled 
``permissible Open Burning,'' effective May 26, 1989.
    (41) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on February 12, 1991.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
February 12, 1991 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Env-A 802.09 and Env-A 802.10 of the New Hampshire 
Administrative Rules Governing the Control of Air Pollution entitled 
``Continuous Emission Monitoring'' and ``CEM Recordkeeping 
Requirements,'' respectively. These regulations were effective on 
December 27, 1990.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (42) [Reserved]
    (43) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on November 21, 1989.
    (i) Incorporation by reference.
    (A) Letter form the New Hampshire Air Resources Division dated 
November 21, 1989 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Amendments to regulations for the State of New Hampshire's 
Administrative Rules Governing Air Pollution in Chapters Env-A 100, 800, 
900 and 1200 which were effective November 16, 1989.
    (C) Letter from Robert W. Varney, Commissioner of the Department of 
Environmental Services of New Hampshire, to John B. Hammond, Acting 
Director of the New Hampshire Office of Legislative Services, dated 
November 15, 1989, adopting final rules.
    (44) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 12, 1990.
    (i) Incorporation by reference.
    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.

[[Page 511]]

      Chapter Env-A 400: Part Env-A 401-404; Sections Env-A 401-
404; Sections Env-A 405.01-.05(b) and 405.06.
      Chapter Env-A 600: Parts Env-A 601-602; Sections Env-A 
603.01-.02(o) and 603.03(a)-(e); and Parts Env-A 604-616.
      Chapter Env-A 700: Parts Env-A 701-705.
      Chapter Env-A 800: Parts Env-A 801-802; and Part Env-A 
804.
      Chapter Env-A 900: Parts Env-A 901-903.
      Chapter Env-A 1000: Part Env-A 1001.
      Chapter Env-A 1200: Parts Env-A 1201-1203; Sections 
1204.01-.11 and 1204.13-.19; Part Env-A 1205; Sections Env-A 1206.01-.02 
and 1206.04-.06; and Parts Env-A 1207-1208.

    (ii) Additional materials.
    (A) Letters from the New Hampshire Air Resources Division dated May 
7, August 20, and August 26, 1991, March 6, and May 6, 1992 withdrawing 
certain portion of the February 12, 1991 SIP submittal.
    (46) Revisions to the State Implementation Plan consisting of 
amendments to Chapter Env-A 1204.12 Emission Control Methods for Cutback 
and Emulsified Asphalt submitted by the New Hampshire Air Resources 
Division on May 15, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated May 
15, 1992 submitting a revision to the New Hampshire State Implementation 
Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of New Hampshire effective on January 17, 1992: 
Chapter Env-A 1200: PART Env-A 1204.12 Emission Control Methods for 
Cutback and Emulsified Asphalt.
    (47) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on May 15, 1992.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated May 
15, 1992 submitting a revision to the New Hampshire State Implementation 
Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the State of New Hampshire effective on January 17, 1992:

--Chapter Env-A 800: Part Env-A 805
--Chapter Env-A 1200: Sections Env-A 1204.02, 1204.04, 1204.05-1204.08, 
    1204.14-1204.15.
    (48) [Reserved]
    (49) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on June 17, 1994, and December 21, 
1992.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated June 
17, 1994, and December 21, 1992, submitting revisions to the New 
Hampshire State Implementation Plan.
    (B) Regulations Chapter Env-A 1200, Part Env-A 1211, ``Nitrogen 
Oxides (NOX),'' effective on May 20, 1994, and Chapter Env-A 
900, Part Env-A 901, sections Env-A 901.06 ``NOX 
Recordkeeping Requirements,'' and Env-A 901.07, ``NOX 
Reporting Requirements,'' effective on November 13, 1992.
    (50) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 7, 1995, September 18, 1995, 
and October 18, 1995.
    (i) Incorporation by reference.
    (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:

[[Page 512]]

General Requirements;'' Part Env-A 902 ``Malfunctions and Breakdowns of 
Air Pollution Control Equipment;'' and Part Env-A 903 ``Compliance 
Schedules'' all effective November 15, 1992.
    (C) Regulations Part Env-A 803 ``VOC Testing;'' Part Env-A 804 
``Capture Efficiency;'' Sections Env-A 901.01 through 901.05, 901.08 and 
901.09 of Part Env-A 901 ``Recordkeeping and Reporting by Sources;'' and 
Part Env-A 1204 ``Stationary Sources of Volatile Organic Compounds 
(VOCs) (except 1204.06),'' all effective on August 31, 1995.
    (D) New Hampshire VOC RACT Order ARD-94-001, concerning L.W. 
Packard, effective May 5, 1995.
    (E) New Hampshire VOC RACT Order ARD-95-010, concerning Kalwall in 
Manchester, NH, effective September 10, 1996.
    (F) New Hampshire VOC RACT Order ARD-96-001, concerning Textile 
Tapes Corporation, NH, effective October 4, 1996.
    (52) A revision to the New Hampshire SIP regarding ozone monitoring. 
The State of New Hampshire will modify its SLAMS and its NAMS monitoring 
system to include a PAMS network design and establish monitoring sites. 
The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) State of New Hampshire Photochemical Assessment Monitoring 
Stations--Network Plan--Network Overview.
    (ii) Additional material.
    (A) NH-DES letter dated December 13, 1994, and signed by Thomas M. 
Noel, Acting Director, NH-DES.
    (53) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on August 29, 1996. This revision is 
for the purpose of satisfying the rate-of-progress requirement of 
section 182(b) and the contingency measure requirement of section 
172(c)(9) of the Clean Air Act, for the Portsmouth-Dover-Rochester 
serious ozone nonattainment area, and the New Hampshire portion of the 
Boston-Lawrence-Worcester serious ozone nonattainment area.
    (i) Incorporation by reference.
    (A) Letter from the New Hampshire Air Resources Division dated 
August 29, 1996 submitting a revision to the New Hampshire State 
Implementation Plan.
    (54) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on April 14, 1997, May 6, 1997, and 
September 24, 1997.
    (i) Incorporation by reference.
    (A) Letters from the New Hampshire Air Resources Division dated 
April 14, 1997, May 6, 1997, and September 24, 1997 submitting revisions 
to the New Hampshire State Implementation Plan.
    (B) New Hampshire NOX RACT Order ARD-97-001, concerning 
Public Service Company of New Hampshire in Bow, effective on April 14, 
1997.
    (C) New Hampshire NOX RACT Order ARD-95-011, concerning 
Hampshire Chemical Corporation, effective on May 6, 1997.
    (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

[[Page 513]]

Equivalency Demonstration,'' dated November 1992.
    (B) Nonregulatory portions of the submittal.
    (59) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 4, 1998 and November 20, 
1998.
    (i) Incorporation by reference.
    (A) New Hampshire Code of Administrative Rules, Part Saf-C 3221A 
``Emission Amendments to Official Motor Vehicle Inspection 
Requirements'' as adopted on November 17, 1998; and Part Saf-C 5800 
``Roadside Diesel Opacity Inspection Program Rules'' as adopted on 
November 17, 1998.
    (ii) Additional material.
    (A) Document entitled ``Alternative New Hampshire Motor Vehicle 
Inspection/Maintenance State Implementation Plan Revision'' dated 
September 4, 1998.
    (B) Letters from the New Hampshire Air Resources Division dated 
September 4, 1998 and November 20, 1998 submitting a revision to the New 
Hampshire State Implementation Plan.
    (60) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division August 6, 2001 and April 26, 1995.
    (i) Incorporation by reference.
    (A) Section 623.01 and sections 623.03 through 623.06 of New 
Hampshire's rule PART Env-A 623 rule entitled, ``Prevention of 
Significant Deterioration (PSD) Of Air Quality Permit Requirements.'' 
This regulation was adopted in the State of New Hampshire on July 23, 
2001.
    (B) New Hampshire's rules PART Env-A 205.03, ``Applications Subject 
to PSD Requirements,'' and PART Env-A 205.04, ``Applications Subject to 
Nonattainment Requirements.'' These regulations were adopted in the 
State of New Hampshire on February 22, 1995 and amended on July 23, 
2001.
    (ii) Additional materials.
    (A) Letter from the New Hampshire Air Resources Division dated 
August 6, 2001 submitting a revision to the New Hampshire State 
Implementation Plan.
    (B) Letter from the New Hampshire Air Resources Division dated April 
26, 1995 submitting a revision to the New Hampshire State Implementation 
Plan.
    (C) Nonregulatory portions of the State submittal.
    (61) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on July 9, 1998.
    (i) Additional materials.
    (A) ``New Hampshire Stage II Comparability Analysis,'' prepared by 
the New Hampshire Department of Environmental Services, dated July 1, 
1998.
    (62) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on June 7, 1994.
    (i) Additional materials.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated June 7, 1994 submitting a revision to the New Hampshire 
State Implementation Plan.
    (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;

[[Page 514]]

and Discrete emission reduction protocol for Public Service of New 
Hampshire's Newington Station, Unit 1, submitted to the New Hampshire 
Department of Environmental Services on April 10, 1998.
    (ii) Additional materials.
    (A) Letter from the New Hampshire Air Resources Division dated July 
17, 1998 submitting Final RACT Order 98-001 as a revision to the New 
Hampshire State Implementation Plan.
    (65) Revisions to the State Implementation Plan submitted by the New 
Hampshire Department of Environmental Services on August 16, 1999.
    (i) Incorporation by reference. New Hampshire regulation Chapter 
Env-A 3600, entitled ``National Low Emission Vehicle (National LEV) 
Program'' adopted July 21, 1999.
    (ii) Additional material. Letter from the New Hampshire Department 
of Environmental Services dated August 16, 1999 submitting the Low 
Emission Vehicle program as a revision to the State Implementation Plan.
    (66) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on July 29, 1993 and July 2, 1999.
    (i) Incorporation by reference.
    (A) New Hampshire's PART Env-A 610 ``Additional Requirements in Non-
attainment Areas and the New Hampshire Portion of the Northeast Ozone 
Transport Region'' adopted on May 21, 1993.
    (B) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional 
Requirements in Non-attainment Areas and the New Hampshire Portion of 
the Northeast Ozone Transport Region'' incorporating the ``Plant-wide 
Source,'' adopted on June 26, 1997.
    (C) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional 
Requirements in Non-attainment Areas and the New Hampshire Portion of 
the Northeast Ozone Transport Region,'' addition of the requirements for 
section 173(a)(4) and (5) of the CAA, adopted on January 29, 1999.
    (D) Letter from the New Hampshire Air Resources Division dated July 
29, 1993 submitting a revision to the New Hampshire State Implementation 
Plan.
    (E) Letter from the New Hampshire Air Resources Division dated July 
2, 1999 submitting a revision to the New Hampshire State Implementation 
Plan.
    (67) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on September 11, 1998.
    (i) Additional materials.
    (A) Letter from the New Hampshire Department of Environmental 
Services dated September 11, 1998 stating a negative declaration for the 
aerospace coating operations Control Techniques Guideline category.
    (68) Revisions to the State Implementation Plan submitted by the New 
Hampshire Air Resources Division on June 28, 1996 and April 15, 2002.
    (i) Incorporation by reference.
    (A) Order ARD-00-001 issued by the New Hampshire DES to Anheuser-
Busch Incorporated, effective April 15, 2002.
    (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

[[Page 515]]

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

[[Page 516]]

 
B. F. Goodrich Chemical Co..........  Pedricktown, Salem            1.5
                                       County.
Anchor Hocking Corp.................  Salem City, Salem             2.0
                                       County.
Atlantic City Electric Deepwater      Penns Grove, Salem            1.5
 Station.                              County.
E. I. du Pont de Nemours & Co.......  Carney's Point, Salem         1.5
                                       County.
Mannington Mills, Inc...............  Salem City, Salem             2.0
                                       County.
Atlantic City Electric B. L. England  Beesley Point, Cape           2.0
 Station.                              May County.
Hunt Wesson Foods, Inc..............  Bridgeton City,               2.5
                                       Cumberland County.
Kerr Glass Manufacturing Corp.......  Millville City,               2.5
                                       Cumberland County.
Owens Illinois, Inc., Kimble          Vineland City,                2.5
 Products Division.                    Cumberland County.
Leone Industries....................  Bridgeton City,               2.5
                                       Cumberland County.
Owens Illinois, Inc.................  ......do..............        1.5
Progresso Food Corp.................  Vineland City,                2.5
                                       Cumberland County.
Bridgeton Dying & Finishing Corp....  Bridgeton City,               2.5
                                       Cumberland County.
Whitehead Bros. Co..................  Haleyville, Cumberland        2.5
                                       County.
Vineland Chemical Co................  Vineland City,                2.5
                                       Cumberland County.
------------------------------------------------------------------------

    (17) A revision submitted by the New Jersey Department of 
Environmental Protection consisting of a January 10, 1978 letter 
indicating the extension, to July 12, 1978, of ``variances'' to the 
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27--9.1 et 
seq., Sulfur in Fuel, for 17 facilities and accompanying supplemental 
information. The extended ``variances'' including all their terms and 
conditions are made a part of the New Jersey State implementation plan. 
The facilities affected by these ``variances,'' their locations, and 
applicable sulfur-in-fuel-oil limitations until July 12, 1978 are as 
follows:

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

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

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

[[Page 517]]

 
Anchor Hocking Corp.................  Salem City, Salem             2.0
                                       County.
Atlantic City Electric, Deepwater     Penns Grove, Salem            1.5
 Station.                              County.
E. I. du Pont de Nemours & Co.......  Carney's Point, Salem         1.5
                                       County.
Mannington Mills, Inc...............  Salem City, Salem             2.0
                                       County.
Atlantic City Electric, B. L.         Beesley Point, Cape           2.0
 England Station.                      May County.
Kerr Glass Manufacturing Corp.......  Milville City,                2.5
                                       Cumberland County.
Owens Illinois, Inc., Kimble          Vineland City,                2.5
 Products Division.                    Cumberland County.
Leone Industries....................  Bridgeton, Cumberland         2.5
                                       County.
Progresso Food Corp.................  Vineland City,                2.5
                                       Cumberland County.
Bridgeton Dyeing and Finishing Corp.  Bridgeton City,               2.5
                                       Cumberland County.
Vineland Chemical Co................  Vineland City,                2.5
                                       Cumberland County.
Hunt-Wesson Foods, Inc..............  Bridgeton, Cumberland         2.5
                                       County.
Owens Illinois, Inc.................  ......do..............        1.5
------------------------------------------------------------------------

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

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

[[Page 518]]

of Environmental Protection to EPA covering the conditions on SIP 
approval which were listed by EPA in the proposed rulemaking notice for 
the SIP revision and four references covering the October 3, 1979 
Bridgeton particulates analysis, an updated Bridgeton particulates 
analysis, and an energy analysis of certain VOS controls called for in 
N.J.A.C. 7:27-16.1 et seq. justifying the State's position on seasonal 
variances for certain VOS sources.

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

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

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

[[Page 519]]

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

[[Page 520]]

    (B) Adoption of a new section of N.J.A.C. 7:27B-4 entitled ``Air 
Test Method 4, Testing Procedures for Motor Vehicles,'' effective July 
1, 1985.
    (C) The following sections of N.J.A.C. 16:53 ``Autobus 
Specifications which was effective on October 17, 1983:

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

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

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

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

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

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

[[Page 521]]

    (45) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone submitted on January 27, 1989 by the New Jersey State Department 
of Environmental Protection (NJDEP) for its state gasoline volatility 
program, including any waivers that may be granted under the program by 
the state. In 1989, the control period will begin on June 30.
    (i) Incorporation by reference. Subchapter 25 of chapter 27, title 7 
of the New Jersey Administrative Code entitled ``Control and Prohibition 
of Air Pollution by Vehicular Fuels,'' adopted on January 27, 1989 and 
effective on February 21, 1989.
    (ii) Additional material. April 27, 1989 letter from Christopher 
Daggett, NJDEP, to William Muszynski, EPA Region II.
    (46) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning motor vehicle refueling controls dated February 22, 
1988, submitted by the New Jersey Department of Environmental Protection 
(NJDEP).
    (i) Incorporation by reference: Amendments to sections 16.1 and 16.3 
of subchapter 16 of title 7 of the New Jersey Administrative Code, 
entitled ``Control and Prohibition of Air Pollution by Volatile Organic 
Substances,'' effective January 19, 1988.
    (ii) Additional material:
    (A) February 22, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad 
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
    (B) April 18, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad 
Simon, EPA, providing copies of the test methods and permit approval 
conditions applicable to Stage II vapor recovery systems in New Jersey.
    (47) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the motor vehicle inspection and maintenance (I/M) 
program dated March 6, 1987, submitted by the New Jersey Department of 
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to title 7, chapter 27, subchapter 15 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution From Gasoline-Fueled Motor Vehicles,'' effective January 21, 
1985.
    (B) Amendments to title 13, chapter 20, subchapter 28 of the New 
Jersey Administrative Code, entitled ``Enforcement Service Inspection of 
New Passenger Vehicles and New Motorcycles,'' effective January 21, 
1985.
    (ii) Additional material.
    (A) July 24, 1990 letter from David West, NJDEP, to Rudolph 
Kapichak, EPA, submitting the results of the study by Pacific 
Environmental Services on the health risks of performing the fuel inlet 
restrictor inspections.
    (B) July 1, 1990 letter from David West, NJDEP, to Rudolph Kapichak, 
EPA, notifying of the resumption of fuel inlet restrictor inspections.
    (48) A revision submitted on June 3, 1988 by the New Jersey 
Department of Environmental Protection (NJDEP) to revise its 
implementation plan to include revised testing procedures.
    (i) Incorporation by reference: New Jersey Administrative Code 
7:27B-3, ``Air Test Method 3--Sampling and Analytical Procedures for the 
Determination of Volatile Organic Substances from Source Operations,'' 
effective 9/8/86.
    (ii) Additional material: October 15, 1990 letter from William 
O'Sullivan, NJDEP to William S. Baker, EPA.
    (49) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of fugitive gasoline vapors resulting from 
the loading of marine transport vessels, dated June 20, 1990, submitted 
by the New Jersey Department of Environmental Protection and Energy 
(NJDEPE).
    (i) Incorporation by reference.
    (A) Amendments to Title 7, Chapter 27, Subchapter 16 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective February 6, 1989.
    (B) Amendment to Title 7, Chapter 27, Subchapter 16 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution by Volatile Organic Substances,'' effective December 4, 1989.
    (ii) Additional material.
    (A) June 20, 1990, letter from Anthony J. McMahon, NJDEPE, to Conrad

[[Page 522]]

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

[[Page 523]]

    (2) Justification of Gasoline Dispensing Facility Exemption.
    (B) October 29, 1993 letter from John Elston to Conrad Simon, EPA, 
transmitting legislative language to reflect change in New Jersey's Air 
Pollution Control Act regarding confidentiality provisions.
    (C) February 3, 1994 letter from John Elston to Conrad Simon, EPA, 
requesting the use of EPA's Emission Statement waiver provision.
    (54) Revisions to the New Jersey State Implementation Plan (SIP) for 
carbon monoxide concerning the control of carbon monoxide from mobile 
sources, dated November 15, 1992 and November 21, 1994 submitted by the 
New Jersey State Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Chapter 27, Title 7 of the New Jersey Administrative Code 
Subchapter 18, ``Control and Prohibition of Air Pollution from New or 
Altered Sources Affecting Ambient Air Quality (Emission Offset Rules),'' 
effective March 15, 1993.
    (ii) Additional material.
    (A) November 21, 1994, Technical update to the New Jersey Carbon 
Monoxide SIP.
    (55)-(56) [Reserved]
    (57) The redesignation and maintenance plan for Camden County and 
the Nine not-classified areas (the City of Trenton, the City of 
Burlington, the Borough of Penns Grove (part), the Borough of Freehold, 
the City of Morristown, the City of Perth Amboy, the City of Toms River, 
the Borough of Somerville, and the City of Atlantic City) submitted by 
the New Jersey Department of Environmental Protection on September 28, 
1995, as part of the New Jersey SIP. The 1990 Baseline CO Emission 
Inventory for the State of New Jersey was submitted on November 15, 1992 
and a Technical Update was submitted on November 21, 1994.
    (i) Incorporation by reference.
    (A) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation And Maintenance Plan For Camden County,'' section 5.f, 
effective date September 28, 1995.
    (B) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation and Maintenance Plan for the Nine Not-Classified 
Nonattainment Areas,'' section 5.f, effective date September 28, 1995.
    (ii) Additional material.
    (A) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation And Maintenance Plan For Camden County'' with appendices, 
September 28, 1995.
    (B) ``New Jersey Carbon Monoxide State Implementation Plan 
Redesignation and Maintenance Plan for the Nine Not-Classified 
Nonattainment Areas'' with appendices, September 28, 1995.
    (58) Revisions to the New Jersey State Implementation Plan (SIP) for 
carbon monoxide concerning the oxygen content of motor vehicle gasoline, 
dated November 15, 1992 submitted by the New Jersey State Department of 
Environmental Protection (NJDEP).
    (i) Incorporation by reference.
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code Chapter 27, Subchapter 25, ``Control and Prohibition 
of Air Pollution by Vehicular Fuels,'' effective October 5, 1992 (as 
limited in Sec. 52.1605).
    (59) Revisions to the State Implementation Plan submitted by the New 
Jersey Department of Environmental Protection on May 26, 1995, November 
8, 1995, January 10, 1996 and October 10, 1996.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD):
    The following facilities have been issued conditions of approval 
documents by New Jersey:
    (1) Edgeboro Disposal's landfill gas flares, Middlesex County, NJ 
COAD approval dated April 13, 1995, revised October 19, 1995 (effective 
November 6, 1995).
    (2) E.I. duPont DeNemours and Co.'s carbon regeneration furnace, 
Salem County, NJ COAD approval dated June 7, 1995.
    (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.

[[Page 524]]

    (5) Rollins Environmental Services' hazardous waste incinerator, 
Gloucester County, NJ COAD approval dated May 25, 1995.
    (6) American Ref-Fuel's Municipal Waste Incinerator, Essex County, 
NJ NOX RACT approval dated February 6, 1995.
    (7) Union County Utilities Authority's Municipal Waste Incinerator, 
Union County; NJ NOX RACT approval dated May 10, 1994 with an 
attached permit to construct, operate, and a PSD permit dated December 
29, 1989.
    (8) PSE&G's Hudson Station Unit No. 2 utility boiler, Hudson County, 
NJ COAD approval dated May 9, 1995.
    (9) Algonquin Gas Transmission Co.'s simple cycle combustion 
turbines, Morris County, NJ COAD approval dated March 31, 1995.
    (10) Hoffmann-La Roche's combined cycle combustion turbines, Essex 
County, NJ COAD approval dated May 8, 1995.
    (11) International Flavors and Fragrances' non-utility boiler Number 
5, Monmouth County, NJ COAD approval dated June 9, 1995.
    (12) Parsippany-Troy Hills Township Sewer Authority's sewage sludge 
incinerators, Morris County, NJ COAD approval dated October 13, 1995.
    (13) Johnson Matthey's multi-chamber metals recovery furnace, 
Gloucester County, NJ COAD approval dated June 13, 1995.
    (14) 3M Company's rotary kiln and dryers, Somerset County, NJ COAD 
approval dated May 4, 1995.
    (15) Sandoz Pharmaceuticals Corporation's trash fired boiler, Morris 
County, NJ COAD approval dated March 23, 1995.
    (16) General Motors Corporation's non-utility boiler (No.4), Mercer 
County, NJ COAD approval dated June 22, 1995.
    (17) General Motors Corporation's Topcoat system, Union County, NJ 
COAD approval dated November 6, 1995.
    (18) United States Pipe and Foundry Company's cupolas and annealing 
ovens (No. 2 and No. 3), Burlington County, NJ COAD approval dated 
October 16, 1995.
    (19) Griffin Pipe Products Company's cupola and annealing furnace, 
Burlington County, NJ COAD approval dated December 14, 1995.
    (20) Texas Eastern Transmission Corporation's internal combustion 
engines, Hunterdon County, NJ COAD approval dated May 9, 1995.
    (21) Texas Eastern Transmission Corporation's internal combustion 
engines, Union County, NJ COAD approval dated May 9, 1995.
    (ii) Additional information. Documentation and information to 
support NOX RACT facility-specific emission limits or 
alternative emission limits in four letters addressed to Regional 
Administrator Jeanne M. Fox from New Jersey Commissioner Robert C. 
Shinn, Jr. dated:
    (A) May 26, 1995 for two SIP revisions;
    (B) November 8, 1995 for eight SIP revisions;
    (C) January 10, 1996 for ten SIP revisions; and
    (D) October 10, 1996 for two SIP revisions.
    (60) A revision to the New Jersey State Implementation Plan (SIP) 
for ozone for adoption of rules for application of reasonably available 
control technology (RACT) for oxides of nitrogen (NOX dated 
November 15, 1993, submitted by the New Jersey Department of 
Environmental Protection and Energy.
    (i) Incorporation by reference.
    (A) Title 7, Chapter 27, Subchapter 19, of the New Jersey 
Administrative Code entitled ``Control and Prohibition of Air Pollution 
from Oxides of Nitrogen,'' effective December 20, 1993.
    (ii) Additional information:
    (A) November 15, 1993 letter from Jeanne Fox, NJDEPE, to William J. 
Muszynski, EPA, requesting EPA approval of Subchapter 19.
    (61) [Reserved]
    (62) Revisions to the New Jersey State Implementation Plan (SIP) for 
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

[[Page 525]]

Volatile Organic Compounds from Consumer and Commercial Products'' 
effective November 6, 1995.
    (ii) Additional material.
    (A) January 25, 1996 letter from Robert C. Shinn, Jr., NJDEP, to 
Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 24.
    (63) Revisions to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of volatile organic compounds from 
stationary sources, dated November 15, 1993 and two revisions dated June 
21, 1996 submitted by the New Jersey Department of Environmental 
Protection (NJDEP).
    (i) Incorporation by reference:
    (A) Amendments effective December 20, 1993 to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (B) Amendments effective June 20, 1994 to Title 7, Chapter 27 of the 
New Jersey Administrative Code: Subchapter 8, ``Permits and 
Certificates'' (sections 8.1 and 8.2), Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds,'' Subchapter 
17, ``Control and Prohibition of Air Pollution by Toxic Substances,'' 
Subchapter 23, ``Prevention of Air Pollution From Architectural Coatings 
and Consumer Products,'' and Subchapter 25, ``Control and Prohibition of 
Air Pollution by Vehicular Fuels.'' Amendments effective June 20, 1994 
to Title 7, Chapter 27B, Subchapter 3 of the New Jersey Administrative 
Code Air Test Method 3--``Sampling and Analytical Procedures for the 
Determination of Volatile Organic Compounds from Source Operations.''
    (C) Amendments effective December 5, 1994 to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 16, ``Control and 
Prohibition of Air Pollution by Volatile Organic Compounds.''
    (D) Amendments effective May 15, 1995 to Title 7, Chapter 27 of the 
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition 
of Air Pollution by Volatile Organic Compounds.''
    (E) Amendments effective July 17, 1995 to Title 7, Chapter 27 of the 
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition 
of Air Pollution by Volatile Organic Compounds.''
    (ii) Additional material:
    (A) November 15, 1993 letter from Jeanne Fox, NJDEP, to William J. 
Muszynski, EPA, requesting EPA approval of Subchapter 16.
    (B) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne 
M. Fox, EPA, requesting EPA approval of Subchapters 8, 16, 17, 23, 25 
and Air Test Method 3.
    (C) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne 
M. Fox, EPA, requesting EPA approval of Subchapter 16.
    (64) Revisions to the State Implementation Plan submitted by the New 
Jersey Department of Environmental Protection on June 18, 1996, July 10, 
1996, December 17, 1996 and May 2, 1997.
    (i) Incorporation by reference.
    (A) Conditions of Approval Documents (COAD) or Facility Wide Permit. 
The following facilities have been issued COADs or facility wide permits 
by New Jersey:
    (1) Geon Company's direct-fired dryers, Salem County, NJ facility 
wide permit dated January 30, 1997. Incorporation by reference includes 
only the pages with permit limits related to the dryers.
    (2) PQ Corporation/Industrial Chemicals' Sodium Silicate Furnace, 
Middlesex County, NJ COAD approval dated December 2, 1994.
    (3) Air Products and Chemicals' Hazardous Waste Incinerator, 
Gloucester County, NJ COAD approval dated January 25, 1996.
    (4) Stony Brook Regional Sewerage Authority's sewage sludge 
incinerators, Mercer County, NJ COAD approval dated October 27, 1995 and 
modified on May 16, 1996.
    (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.

[[Page 526]]

    (7) Warren County Resource Recovery Facility's Municipal Waste 
Incinerators, Warren County, NJ COAD dated August 1, 1996.
    (8) Hercules Incorporated's Nitration System, Acid Concentrators, 
and Open Pit Burner, Union County, NJ COAD dated May 1, 1996.
    (9) US Department of Navy, Naval Air Warfare Center Aircraft 
Division's jet engine test cells, Mercer County, NJ COAD approval dated 
October 31, 1995.
    (10) Atlantic Electric Company's Utility Boiler 8, Salem County, NJ 
COAD approval dated February 25, 1997.
    (11) U.S. Generating Company--Carneys Point Generating Plant's 
auxiliary boiler, Salem County, NJ COAD approval dated February 2, 1996.
    (12) U.S. Generating Company--Logan Generating Plant's auxiliary 
boiler, Salem County, NJ COAD approval dated February 2, 1996.
    (13) Schering Corporation's heat recovery steam generator with duct 
burner, Union County, NJ COAD approval dated January 5, 1996.
    (14) [Reserved]
    (15) Elizabethtown Water Company's internal combustion engines, 
Somerset County, NJ COAD approval dated May 8, 1996.
    (ii) Additional information--Documentation and information to 
support NOX RACT facility-specific emission limits, 
alternative emission limits, or repowering plan in four letters 
addressed to Regional Administrator Jeanne M. Fox from New Jersey 
Commissioner Robert C. Shinn, Jr. dated:
    (A) June 18, 1996 for four SIP revisions,
    (B) July 10, 1996 for three SIP revisions,
    (C) December 17, 1996 for five SIP revisions,
    (D) May 2, 1997 for three SIP revisions.
    (65) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone, submitting a New Jersey Clean Fleets program with Ozone Transport 
Commission Low Emission Vehicle (OTC-LEV) program as an effective 
backstop, substituted for the Clean Fuel Fleet program, dated February 
15, 1996, March 29, 1996, and March 6, 1997, submitted by the New Jersey 
Department of Environmental Protection (NJDEP).
    (i) Incorporation by reference. Title 7, Chapter 27, Subchapter 26, 
``Ozone Transport Commission Low Emission Vehicles Program,'' effective 
December 18, 1995.
    (ii) Additional material.
    (A) Letter dated February 15, 1996 from NJDEP Commissioner Shinn to 
Region 2 Administrator Jeanne M. Fox transmitting first version of NJCF 
program.
    (B) Letter dated March 29, 1996 from NJDEP Commissioner Shinn to 
Region 2 Administrator Jeanne M. Fox supplementing February 15, 1996 
submittal.
    (C) ``SIP Revision for the Attainment and Maintenance of the Ozone 
National Ambient Air Quality Standards, New Jersey Clean Fleets (NJCF) 
SIP,'' March 6, 1997.
    (1) NJCF Appendix D: ``New Jersey Clean Fleets (NJCF) Program (1996 
Action Plan Recommendations).''
    (2) NJCF Appendix H: Response to Public Comments, NJCF Program, 
dated February 14, 1997.
    (3) February 20, 1998 letter from Sharon Haas, Principal 
Environmental Specialist, NJDEP, to George Krumenacker, Transportation 
Services Specialist I, Bureau of Transportation Services, New Jersey 
Department of Treasury.
    (4) March 25, 1998 Memo from Colleen Woods, Acting Director, Motor 
Vehicle Services, to Sharon Haas, Principal Environmental Specialist, 
NJDEP.
    (66) A revision to the New Jersey State Implementation Plan (SIP) 
for ozone concerning revisions to the rule for requiring reasonably 
available control technology (RACT) for sources emitting oxides of 
nitrogen (NOX) dated March 24, 1995, submitted by the New 
Jersey Department of Environmental Protection.
    (i) Incorporation by reference:
    (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.

[[Page 527]]

Fox, EPA, requesting EPA approval of revisions to Subchapter 19.
    (67) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone, submitting amended New Jersey Ozone Transport Commission--Low 
Emission Vehicle (OTC-LEV) program, Opting into the National Low 
Emission Vehicle (National LEV) Program, dated February 22, 1999, 
submitted by the New Jersey Department of Environmental Protection 
(NJDEP).
    (i) Incorporation by reference: Title 7, Chapter 27, Subchapter 26, 
``Ozone Transport Commission--Low Emission Vehicles Program,'' effective 
March 1, 1999.
    (ii) Additional information: Letter from the New Jersey Department 
of Environmental Protection Commissioner Shinn, dated February 22, 1999, 
submitting a revision to the New Jersey State Implementation Plan for 
the National Low Emission Vehicle program.
    (68) Revisions to the New Jersey State Implementation Plan (SIP) for 
carbon monoxide concerning the oxyfuel program, dated August 7, 1998, 
submitted by the New Jersey State Department of Environmental Protection 
(NJDEP).
    (i) Incorporation by reference: Amendments to Title 7, Chapter 27 of 
the New Jersey Administrative Code Subchapter 25, ``Control and 
Prohibition of Air Pollution by Vehicular Fuels,'' effective August 17, 
1998 (as limited in section 52.1605).
    (69) A revision to the State Implementation Plan submitted on April 
26, 1999 and supplemented on July 31, 2000 by the New Jersey Department 
of Environmental Protection that establishes the NOX Budget 
Trading Program.
    (i) Incorporation by reference:
    (A) Title 7, Chapter 27, Subchapter 31, of the New Jersey 
Administrative code entitled ``NOX Budget Program'' adopted 
on June 17, 1998, and effective on July 20, 1998.
    (ii) Additional information.
    (A) Letter from the New Jersey Department of Environmental 
Protection dated April 26, 1999, submitting the NOX Budget 
Trading Program as a revision to the New Jersey State Implementation 
Plan for ozone.
    (B) Letter from the New Jersey Department of Environmental 
Protection dated July 29, 1999, committing to correcting the violation 
definition deficiency within one year of EPA's final action.
    (C) Letter from the New Jersey Department of Environmental 
Protection dated July 31, 2000, supplementing the April 26, 1999 SIP 
submittal with the amended violation provisions.
    (D) Guidance for Implementation of Emissions Monitoring Requirements 
for the NOX Budget Program, dated January 28, 1997.
    (E) NOX Budget Program Monitoring Certification and 
Reporting Requirements, dated July 3, 1997.
    (F) Electronic Data Reporting, Acid Rain/NOX Budget 
Program, dated July 3, 1997.
    (G) Measurement Protocol for Commercial, Industrial and Residential 
Facilities, April 28, 1993.
    (70) Revisions to the State Implementation Plan submitted on 
December 10, 1999 and July 31, 2000 by the State of New Jersey 
Department of Environmental Protection that establishes the 
NOX Budget Trading Program, a 2007 Statewide NOX 
emissions budget, and a commitment by New Jersey to comply with the 
section 51.122 reporting requirements.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 31 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``NOX Budget Program,'' 
adopted on July 31, 2000 and effective on August 21, 2000.
    (ii) Additional material:
    (A) Letter from State of New Jersey Department of Environmental 
Protection dated December 10, 1999, requesting EPA approval of the Ozone 
SIP, entitled ``State Implementation Plan (SIP) Revision for the 
Attainment and Maintenance of the Ozone and Carbon Monoxide National 
Ambient Air Quality Standards; Meeting the Requirements of the Regional 
NOX Cap Program and Transportation Conformity 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.

[[Page 528]]

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

[[Page 529]]

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

[[Page 530]]

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

[[Page 531]]

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

[[Page 532]]

Bessemer Distillate Oil or Dual Fuel Fired 4-Stroke Diesel Internal 
Combustion Engines,'' Trigen-Trenton Energy Company L.P., Trenton, NJ. 
APC Plant ID No. 61015, approved January 11, 2007.
    (86) Revisions to the New Jersey State Implementation Plan (SIP) for 
particulate matter granting a variance from Subchapter 6, Control and 
Prohibition of Particles from Manufacturing Processes for the cooling 
tower at the PSEG Nuclear LLC Hope Creek and Salem Generating Stations 
located in Lower Alloways Creek Township, Salem County dated November 2, 
2007 submitted by the New Jersey State Department of Environmental 
Protection (NJDEP) which establishes hourly emission limits for TSP and 
PM-10 (total) of less than or equal to 42 pounds per hour and annual 
emission limits for TSP and PM-10 (total) of less than or equal to 65.9 
tons per year.
    (i) Incorporation by reference:
    (A) A letter from Lisa P. Jackson, Commissioner, New Jersey 
Department of Environmental Protection, addressed to Alan J. Steinberg, 
Regional Administrator, EPA, dated November 2, 2007 submitting the 
variance for PSEG Nuclear LLC Hope Creek and Salem Generating Stations 
without the attachments.
    (B) Section J, Facility Specific Requirements, Emission Unit U24 
Cooling Tower, (Significant Modification Approval date August 7, 2007) 
contained in the Air Pollution Control Operating Permit, Significant 
Modification and Preconstruction Approval, PSEG Nuclear LLC Hope Creek 
and Salem Generating Stations, Permit Activity Number: BOP05003.
    (d) Plan revisions were submitted on September 26, 1972.
    (87) Revisions to the State Implementation Plan submitted on 
September 13, 2007, by the New Jersey Department of Environmental 
Protection which consists of the State's revised diesel idling rule.
    (i) Incorporation by reference:
    (A) Regulation Subchapter 14 of Title 7, Chapter 27 of the New 
Jersey Administrative Code, entitled ``Control and Prohibition of Air 
Pollution from Diesel-Powered Motor Vehicles,'' section 14.1, effective 
on July 2, 2007, section 14.2, effective on September 15, 1997, and 
section 14.3, effective on July 2, 2007.
    (88) A revision submitted on April 21, 2009, as supplemented on May 
7, 2010, by the New Jersey Department of Environmental Protection 
(NJDEP) that establishes revised control measures for achieving 
additional reductions of NOx, SO2, fine particulate, and VOC 
emissions from stationary sources that will help achieve attainment of 
the national ambient air quality standard for ozone and fine particles, 
as well as help to reduce regional haze.
    (i) Incorporation by reference:
    (A) New Jersey Administrative Code, Title 7, Chapter 27 (NJAC 7:27): 
Subchapter 4 ``Control and Prohibition of Particles from Combustion of 
Fuel'' with an effective date of April 20, 2009; Subchapter 10 ``Sulfur 
in Solid Fuels'' with an effective date of April 20, 2009; Subchapter 16 
``Control and Prohibition of Air Pollution by Volatile Organic 
Compounds'' with an effective date of April 20, 2009; Subchapter 19 
``Control and Prohibition of Air Pollution from Oxides of Nitrogen'' 
with an effective date of April 20, 2009 (including two Administrative 
Corrections published in the New Jersey Register on June 15, 2009 and 
July 6, 2009); and Subchapter 21 ``Emission Statements'' with an 
effective date of April 20, 2009.
    (ii) Additional information:
    (A) Letter dated April 21, 2009 from Acting Commissioner Mark N. 
Mauriello, NJDEP, to George Pavlou, Acting Regional Administrator, EPA 
Region 2, submitting the SIP revision for Subchapters 4, 8, 10, 16, 19 
and 21.
    (B) Letter dated May 7, 2010 from Director William O'Sullivan, 
NJDEP, to Barbara Finazzo, Director, Division of 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:

[[Page 533]]

    (A) New rules contained in New Jersey Administrative Code, Title 7, 
Chapter 27 (NJAC 7:27) with effective date of December 1, 2008 and 
Operative date of December 29, 2008:
    (1) Subchapter 26, ``Prevention of Air Pollution From Adhesives, 
Sealants, Adhesive Primers and Sealant Primers,'' and
    (2) Subchapter 34, ``TBAC Emissions Reporting.''
    (B) Amendments to NJAC 7:27 with effective date of December 1, 2008 
and Operative date of December 29, 2008:
    (1) Subchapter 23, ``Prevention of Air Pollution From Architectural 
Coatings,'' 23.2 Definitions;
    (2) Subchapter 24, ``Prevention of Air Pollution From Consumer 
Products,'' 24.1 Definitions, 24.2 Applicability, 24.4 Chemically 
formulated consumer products: standards, 24.5 Chemically formulated 
consumer products: registration and labeling, 24.6 Chemically formulated 
consumer products: recordkeeping and reporting, 24.7 Chemically 
formulated consumer products: testing, 24.8 Portable fuel containers and 
spill-proof spouts: certification requirements, 24.9 Portable fuel 
containers and spill proof spouts: labeling, 24.10 Portable fuel 
containers and spill proof spouts: recordkeeping and reporting, 24.12 
Penalties and other requirements imposed for failure to comply; and
    (3) Subchapter 25, ``Control and Prohibition of Air Pollution by 
Vehicular Fuels,'' 25.1 Definitions.
    (C) Repeal to NJAC 7:27 with effective date of December 1, 2008 and 
Operative date of December 29, 2008: Subchapter 24, ``Prevention of Air 
Pollution From Consumer Products,'' section 24.11 Portable fuel 
containers and spill-proof spouts: testing, repealed without replacement 
and reserved.
    (ii) Additional information.
    (A) Letter dated April 9, 2009 from Acting Commissioner Mark N. 
Mauriello, NJDEP, to George Pavlou Acting Regional Administrator, EPA 
Region 2, submitting the SIP revision containing Subchapters 23, 24, 25, 
26, and 34.
    (90) Revision to the New Jersey State Implementation Plan (SIP) for 
ozone concerning the control of nitrogen oxides from Naval Weapons 
Station Earle dated May 14, 2009 and supplementary information dated May 
21, 2009 submitted by the New Jersey State Department of Environmental 
Protection.
    (i) Incorporation by reference:
    (A) A letter from Mr. Frank Steitz, Chief, Bureau of Air Permits, 
New Jersey Department of Environmental Protection, addressed to Captain 
G.A. Maynard, Commanding Officer, Naval Weapons Station Earle titled 
``Alternative Maximum Emission Rate (AEL) for Nitrogen Oxides 
(NOX) Pursuant to N.J.A.C. 7:27-19.13 and Significant 
Modification of Operating Permit,'' dated and approved May 21, 2009 
including Attachment 1 ``Conditions of Approval Alternative Maximum 
Emission Rate For NOX For Two (2) Detroit Diesel Distillate 
Oil Fuel Fired 2-Stroke Diesel Internal Combustion Engines, Naval 
Weapons Station Earle.''
    (91) A revision submitted on July 28, 2009, as supplemented on 
December 9, 2010, March 2, 2011 and December 7, 2011, by the New Jersey 
Department of Environmental Protection (NJDEP) that addresses the 
regional haze requirements of Clean Air Act section 169A. The December 
9, 2010 submittal also addresses an element of the PM2.5 SIP 
revision.
    (i) Incorporation by reference:
    (A) Amendments to New Jersey Administrative Code, Title 7, Chapter 
27 (NJAC 7:27) Subchapter 9, ``Sulfur In Fuels,'' Section 9.2 Sulfur 
content standards, with effective date of September 20, 2010 and 
operative date of October 25, 2010.
    (B) The following Air Pollution Control Operating Permit, 
Significant Modifications and Preconstruction Approvals:
    (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-

[[Page 534]]

E246, OS5-E247, OS6-E248, OS7-E249, OS8-E250, OS11-E242, OS13-E253, and 
OS15-E258.
    (4) Vineland Municipal Electric Utility--Howard M. Down dated 
September 26, 2011, Permit BOP110001, Program Interest 75507 for units: 
U10-OS Summary, U10-OS2, U10-OS3, and U22-OS Summary.
    (5) BL England Generating Station dated December 16, 2010, Permit 
BOP100003, Program Interest 73242 for units: GR2 U2, U1-OS Summary, U1-
OS1, U2-OS Summary, U2-OS1, U3-OS Summary, U3-OS1, U6-OS Summary, U6-
OS1, U7-OS1, U7-OS2, U7-OS4, U7-OS5, U7-OS6, U7-OS7, U7-OS10, U7-OS11, 
U7-OS12, U8-OS Summary, and U8-OS1.
    (ii) Additional information.
    (A) Letter dated December 9, 2010 from Commissioner Bob Martin, 
NJDEP, to Regional Administrator Judith A. Enck, EPA Region 2, 
submitting the SIP revision containing Subchapter 9.
    (B) December 7, 2011, letter from Director William O'Sullivan, 
NJDEP, to Acting Director John Filippelli, Division of Environmental 
Planning and Protection, EPA Region 2, submitting a supplement to the 
2009 Regional Haze SIP which contains the Best Available Retrofit 
Technology (BART) determinations and enforceable BART emission limits 
for five facilities.
    (92) Revisions to the New Jersey State Implementation Plan (SIP) 
submitted by the New Jersey Department of Environmental Protection for 
New Jersey's enhanced inspection and maintenance (I/M) program, dated 
December 15, 2009.
    (i) Incorporation by reference:
    (A) Amendments to Chapter 27, Title 7 of the New Jersey 
Administrative Code, Subchapter 15, ``Control and Prohibition of Air 
Pollution from Gasoline-Fueled Motor Vehicles,'' effective November 16, 
2009, and Appendix B-5, ``Air Test Method 5: Testing Procedures for 
Gasoline-Fueled Motor Vehicles,'' effective November 16, 2009.
    (B) Amendments to Chapter 20, Title 13 of the New Jersey 
Administrative Code, Subchapter 7, ``Vehicle Inspection'' (Sections: 
7.1, 7.2, 7.3, 7.4, 7.5, 7.6); Subchapter 24, ``Motorcycles'' (Section: 
24.20); Subchapter 26, ``Compliance With Diesel Emission Standards and 
Equipment, Periodic Inspection Program for Diesel Emissions, and Self-
Inspection of Certain Classes of Motor Vehicles'' (Sections: 26.2 and 
26.16); Subchapter 28, ``Inspection of New Motor Vehicles'' (Sections 
28.3, 28.4 and 28.6); Subchapter 29, ``Mobile Inspection Unit'' 
(Sections: 29.1, 29.2, 29.3); Subchapter 32, ``Inspection Standards and 
Test Procedures To Be Used By Official Inspection Facilities''; 
Subchapter 33, ``Inspection Standards and Test Procedures To Be Used By 
Licensed Private Inspection Facilities''; Subchapter 43, ``Enhanced 
Motor Vehicle Inspection and Maintenance Program''; Subchapter 44, 
``Private Inspection Facility Licensing''; and Subchapter 45, ``Motor 
Vehicle Emission Repair Facility Registration,'' all effective October 
19, 2009.
    (C) Amendments to Chapter 21, Title 13 of the New Jersey 
Administrative Code, Subchapter 15, ``New Jersey Licensed Motor Vehicle 
Dealers'' (Sections: 15.8 and 15.12), effective October 19, 2009.
    (D) Amendments to Chapter 8, Title 39 of the Revised Statutes of the 
State of New Jersey at R.S. 39:8-1, 39:8-2, and 39:8-3, effective July 
1, 2010.
    (ii) Additional material:
    (A) December 15, 2009, letter from Mark N. Mauriello, Acting 
Commissioner, NJDEP, to Judith A. Enck, Regional Administrator, EPA, 
requesting EPA approval of a revision to the State of New Jersey's I/M 
program SIP.
    (B) October 12, 2010, letter from Bob Martin, Commissioner, NJDEP, 
to Judith A. Enck, Regional Administrator, EPA, requesting EPA approval 
of the 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.

[[Page 535]]



Sec. 52.1571  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
New Jersey-New York-Connecticut Interstate...........           I          I         I         I             I
Metropolitan Philadelphia Interstate.................           I          I       III         I             I
Northeast Pennsylvania-Upper Delaware Valley                    I         II       III       III           III
 Interstate..........................................
New Jersey Intrastate................................         III         IA       III         I           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10880, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.1572  Extensions.

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

[61 FR 56900, Nov. 5, 1996]



Sec. 52.1573  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves New Jersey's plans for attainment and maintenance of the 
national ambient air quality standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds that the plan satisfies 
all requirements of Part D, Title I, of the Clean Air Act, as amended in 
1977, except as noted below in Sec. 52.1581. In addition, continued 
satisfaction of the requirements of Part D for the ozone portion of the 
SIP depends on the adoption and submittal of RACT requirements by July 
1, 1980 for the sources covered by CTGs issued between January, 1978 and 
January, 1979 and adoption and submittal by each subsequent January of 
additional RACT requirements for sources covered by CTGs issued by the 
previous January.
    (b) Visibility protection. EPA approves the Regional Haze SIP 
revision submitted by the New Jersey Department of Environmental 
Protection on July 28, 2009, as supplemented on December 9, 2010, March 
2, 2011 and December 7, 2011 as meeting the requirements of Clean Air 
Act section 169A and 40 CFR 51.308. In particular, EPA approves the New 
Jersey Regional Haze SIP as meeting the requirements of 40 CFR 51.308(e) 
regarding Best Available Retrofit Technology and 40 CFR 51.308(d)(2) and 
(d)(4)(v) regarding the calculation of baseline and natural conditions 
for the Brigantine Wilderness Area of the Edwin B. Forsythe National 
Wildlife Refuge, and the statewide inventory of emissions of pollutants 
that are reasonably anticipated to cause or contribute to visibility 
impairment in any mandatory Class I Federal Area.

[45 FR 15541, Mar. 11, 1980, as amended at 77 FR 21, Jan. 3, 2012]



Sec. 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

[[Page 536]]

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.

[77 FR 47534, Aug. 9, 2012, as amended at 81 FR 26709, May 4, 2016]



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.

[[Page 537]]

    (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 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

[[Page 538]]

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 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.
    (f) Approval--The June 11, 2015 and February 8, 2016 revisions to 
the carbon monoxide (CO) maintenance plan for the New Jersey portion of 
the New York-Northern New Jersey-Long Island, NYNNJLI, CO area. These 
revisions contain a second ten-year limited maintenance plan that 
demonstrates continued attainment of the National Ambient Air Quality 
Standard for CO through the year 2024, a 2007 CO base year emissions 
inventory, and the shutdown of five CO maintenance monitors.

[67 FR 54579, Aug. 23, 2002, as amended at 69 FR 52836, Aug. 30, 2004; 
71 FR 38772, July 10, 2006; 81 FR 43097, July 1, 2016]



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:

[[Page 539]]

    (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.
    (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

[[Page 540]]

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 
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.

[[Page 541]]

    (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 
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.

[[Page 542]]

    (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 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.
    (p) Rescission of clean data determination for the 1997 eight-hour 
ozone standard. Effective June 3, 2016, the EPA is determining that 
complete quality-assured and certified ozone monitoring data for 2012-
2014 show the New York-Northern New Jersey-Long Island, NY-NJ-CT 1997 
eight-hour ozone nonattainment area did not meet 1997 eight-hour ozone 
standard. Therefore, the EPA is rescinding the clean data determination 
for the 1997 eight-hour ozone standard only. The prior determination 
(see paragraph (n)(2)) is in accordance with 40 CFR 51.918. The prior 
determination suspended the requirements for this area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency

[[Page 543]]

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. This rescission of the clean data determination will result 
in a SIP Call for a new ozone 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 this area only. If the revised plan is 
approved by the EPA as demonstrating reasonable further progress and 
attainment for the more stringent 2008 NAAQS by the Moderate area 
attainment date, and is approved by the EPA as containing adequate 
contingency measures for the 2008 NAAQS, then the plan would be deemed 
to have also satisfied requirements of the SIP Call associated with 
violations for the 1997 NAAQS.

[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 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, 
2014,

[[Page 544]]

    (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 2015 or any year thereafter;
    (3) By March 3, 2015, the Administrator will remove from the CAIR 
NOX Allowance Tracking System accounts all CAIR 
NOX allowances allocated for a control period in 2015 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 March 3, 2015, 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 
2015 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 CSAPR 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 CSAPR 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 CSAPR 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 CSAPR 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 CSAPR NOX Ozone Season Group 1 Trading Program in 
subpart BBBBB of part 97 of this chapter must comply with such 
requirements with regard to emissions occurring in 2015 and 2016.
    (2) 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 CSAPR NOX Ozone Season Group 2 Trading Program in subpart 
EEEEE of part 97 of this chapter must comply with such requirements with 
regard to emissions occurring in 2017 and each subsequent year. 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 CSAPR Federal Implementation Plan 
(FIP) under Sec. 52.38(b), except to the extent the Administrator's 
approval is partial or conditional, provided that because the CSAPR FIP 
was promulgated as a partial rather than full remedy for an obligation 
of the State to address interstate air pollution, the SIP revision 
likewise will constitute a partial rather than full remedy for the 
State's obligation unless provided otherwise in the Administrator's 
approval of the SIP revision.
    (3) Notwithstanding the provisions of paragraph (e)(2) of this 
section, if, at the time of the approval of New Jersey's SIP revision 
described in paragraph (e)(2) of this section, the Administrator has 
already started recording any allocations of CSAPR NOX Ozone

[[Page 545]]

Season Group 2 allowances under subpart EEEEE of part 97 of this chapter 
to units in the State for a control period in any year, the provisions 
of subpart EEEEE of part 97 of this chapter authorizing the 
Administrator to complete the allocation and recordation of CSAPR 
NOX Ozone Season 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 62351, Nov. 2, 2007, as amended at 76 FR 48370, Aug. 8, 2011; 79 
FR 71671, Dec. 3, 2014; 81 FR 74586, 74598, Oct. 26, 2016]



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, 
2014,
    (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 2015 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 CSAPR 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 CSAPR 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 CSAPR 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 CSAPR 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; 79 
FR 71671, Dec. 3, 2014; 81 FR 74586, Oct. 26, 2016]



Sec. 52.1586  Section 110(a)(2) infrastructure requirements.

    (a) 1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS--(1) 
Approval. In a February 25, 2008 submittal and supplemented on January 
15, 2010, New Jersey certified that the State has satisfied the Clean 
Air Act (CAA) infrastructure requirements of section 110(a)(2) for the 
1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. These 
submittals satisfy the 1997 8-hour ozone and the 1997 and 2006 
PM2.5 NAAQS requirements of CAA sections 110(a)(2)(A), (B), 
(C) (enforcement program only), (D)(i)(II) prong 4 (visibility), (E)(i), 
(F), (H), (J) (consultation and public notification only), (K), (L), and 
(M).

[[Page 546]]

    (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) 2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2, 2012 PM2.5, 
2006 PM10 and 2011 CO NAAQS--(1) Approval. Submittal from New Jersey 
dated October 17, 2014 to address the CAA infrastructure requirements of 
section 110(a)(2) for the 2008 Lead, 2008 8-hour ozone, 2010 
NO2, 2010 SO2, 2012 PM2.5, 2006 
PM10 and 2011 CO NAAQS is approved for (D)(i)(II) prong 4 
(visibility).
    (2) Disapproval. Submittal from New Jersey dated October 17, 2014 to 
address the CAA infrastructure requirements of section 110(a)(2) for the 
2008 Lead, 2008 8-hour ozone, 2010 NO2, 2010 SO2, 
2012 PM2.5, 2006 PM10 and 2011 CO NAAQS is 
disapproved for (D)(i)(II) prong 3 (PSD program only). These 
requirements are being addressed by Sec. 52.1603 which has been 
delegated to New Jersey to implement.
    (c) [Reserved]

[78 FR 35765, June 14, 2013, as amended at 81 FR 64072, Sept. 19, 2016]



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

[[Page 547]]

shall submit to EPA a copy of the proposed permit together with an air 
quality analysis employing methodology acceptable to EPA. If EPA 
determines, on the basis of the submitted analysis, that the proposed 
coal conversion will not interfere with the attainment or maintenance of 
air quality standards and will not be the cause for any Prevention of 
Significant Deterioration (PSD) increment to be exceeded, then the 
permit authorizing conversion may become effective immediately upon the 
publication of such a determination (as a Notice) in the Federal 
Register. If EPA determines that the submitted analysis is inadequate or 
that it shows that the proposed conversion will interfere with 
attainment or maintenance of air quality standards or cause any PSD 
increment to be exceeded, then EPA shall so inform the State of its 
determination, and the permit authorizing conversion shall not become 
effective and conversion shall not occur until an adequate analysis is 
submitted or, if necessary, until a control strategy revision which 
would require any necessary emission reductions is submitted by the 
State and placed into effect as an EPA approved revision to the 
implementation plan. In addition, this same procedure shall apply to any 
State permit applied for that would authorize a relaxation in the 
sulfur-in-coal limitation at any such facility, as defined above in this 
paragraph, having already been granted a permit to convert to coal.
    (c) The U.S. Gypsum Co. in Clark, New Jersey is permitted to burn 
fuel oil with a sulfur content of 2.0 percent, by weight, at either 
Boiler 1, 2 or 3 until March 31, 1985 or until Boiler 4 is ready to 
burn coal, whichever occurs first. Such oil burning must conform with 
New Jersey requirements and conditions as set forth in applicable 
regulations and administrative orders.

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



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

    (a) Approval--On May 18, 2006, New Jersey submitted an early 
PM2.5 implementation plan to set motor vehicle emissions 
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets 
were allocated by metropolitan planning organization as follows: North 
Jersey Transportation Planning Authority: 1,207 tons per year of direct 
PM2.5 and 61,676 tons per year of NOX; Delaware 
Valley Regional Planning Commission: 89 tons per year of direct 
PM2.5 and 4,328 tons per year of NOX.
    (b) Approval--On February 25, 2008, New Jersey submitted a revision 
to its early PM2.5 implementation plan to revise the motor 
vehicle emissions budgets for the Mercer County, New Jersey portion of 
the New York-Northern New Jersey-Long Island, NY-NJ-CT, PM2.5 
nonattainment area. The revised budgets, applicable to the Delaware 
Valley Regional Planning Commission, are as follows: 108 tons per year 
of direct PM2.5 and 5,056 tons per year of NOX.
    (c) Determination of Attainment. EPA has determined, as of December 
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT 
fine particle (PM2.5) nonattainment area has attained the 
1997 PM2.5 National Ambient Air Quality Standard. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as the area continues to attain 
the 1997 PM2.5 NAAQS.
    (d) Determination of Attainment. EPA has determined, as of May 16, 
2012, that the Philadelphia-Wilmington, PA-NJ-DE fine particle 
(PM2.5) nonattainment area has attained the 1997 
PM2.5 National Ambient Air Quality Standard. This 
determination, in accordance with 40 CFR 51.1004(c), suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment of the standard for as long as the area continues to attain 
the 1997 PM2.5 NAAQS.
    (e) Determination of Attainment. EPA has determined, as of December 
31, 2012, that the New York-N. New Jersey-

[[Page 548]]

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 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.

[[Page 549]]



Sec. 52.1603  Significant deterioration of air quality.

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

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



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

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

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



Sec. 52.1605  EPA-approved New Jersey regulations.

----------------------------------------------------------------------------------------------------------------
          State regulation              State effective date       EPA approved date             Comments
----------------------------------------------------------------------------------------------------------------
Title 7, Chapter 26
 
Subchapter 2A, ``Additional,          June 1, 1987...........  June 29, 1990, 55 FR
 Specific Disposal Regulations for                              26689.
 Sanitary Landfills.''
Title 7, Chapter 27
 
Subchapter 1, ``General Provisions''  May 1, 1956............  June 29, 1990, 55 FR
                                                                26689.
Subchapter 2, ``Control and           June 8, 1981...........  Sept. 30, 1981, 46 FR
 Prohibition of Open Burning''.                                 47779.
Subchapter 3, ``pontrol and           Oct. 12, 1977..........  Jan. 27, 1984, 49 FR
 Prohibition of Smoke from                                      3465.
 Combustion of Fuel''.
Subchapter 4, ``Control and           April 20, 2009.........  August 3, 2010, 75 FR
 Prohibition of Particles from                                  45483.
 Combustion of Fuel.''.
Subchapter 5, ``Prohibition of Air    Oct. 12, 1977..........  ......do................
 Pollution.
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.

[[Page 550]]

 
Subchapter 9, ``Sulfur in Fuels``...  Sept. 9, 2010..........  1/3/12, 77 FR 19........  Sulfur dioxide
                                                                                          ``bubble'' permits
                                                                                          issued by the State
                                                                                          pursuant to Sec. 9.2
                                                                                          and not waived under
                                                                                          the provisions of Sec.
                                                                                            9.4 become
                                                                                          applicable parts of
                                                                                          the SIP only after
                                                                                          receiving EPA approval
                                                                                          as a SIP revision.
Subchapter 10, ``Sulfur in Solid      April 20, 2009.........  August 3, 2010, 2009, 75  Notification of ``large
 Fuels.''.                                                      FR 45483.                 zone 3 coal
                                                                                          conversions'' must be
                                                                                          provided to EPA (40
                                                                                          CFR 52.1601(b)).
Subchapter 11, ``Incinerators''.....  Aug. 15, 1968..........  May 31, 1972, 37 FR
                                                                10880.
Subchapter 12, ``Prevention and       Mar. 27, 1972..........  ......do................
 Control of Air Pollution
 Emergencies''.
Subchapter 13, ``Ambient Air Quality  June 25, 1985..........  Nov. 25, 1986, 51 FR
 Standards''.                                                   42573.
Subchapter 14, ``Control and          .......................  ........................  On September 15, 1997,
 Prohibition of Air Pollution from                                                        section 14.2 was re-
 Diesel-Powered Motor Vehicles''.                                                         numbered to 14.6. The
                                                                                          State did not submit
                                                                                          this change as a SIP
                                                                                          revision. Therefore,
                                                                                          the July 1, 1985,
                                                                                          version of section
                                                                                          14.2 will continue to
                                                                                          be the EPA-approved
                                                                                          regulation.
Sections 14.1-14.3..................  July 1, 1985...........  June 13, 1986...........
Section 14.1........................  July 2, 2007...........  April 17, 2009, 74 FR
                                                                17781..
Section 14.2........................  September 15, 1997.....  April 17, 2009, 74 FR
                                                                17781..
Section 14.3........................  July 2, 2007...........  April 17, 2009, 74 FR
                                                                17781..
Subchapter 15, ``Subchapter 15,       November 16, 2009......  March 15, 2012, 77 FR
 ``Control and Prohibition of Air                               15363.
 Pollution From Gasoline-Fueled
 Motor Vehicles.''.
Subchapter 16, ``Control and          April 20, 2009.........  August 3, 2010, 75 FR
 Prohibition of Air Pollution by                                45483.
 Volatile Organic Compounds.''.
Subchapter 17, ``Control and          June 20, 1994..........  August 7, 1997, 62 FR     Subchapter 17 is
 Prohibition of Air Pollution by                                42414.                    included in the SIP
 Toxic Substances''.                                                                      only as it relates to
                                                                                          the control of
                                                                                          perchloroethylene.
Subchapter 18, ``Control and          Mar. 15, 1993..........  July 25, 1996...........  See July 25, 1996, for
 Prohibition of Air Pollution from                                                        items not included in
 New or Altered Sources Affecting                                                         this limited approval.
 Ambient Air Quality (Emission
 Offset Rules).''.
Subchapter 19, ``Control and          April 20, 2009, as       August 3, 2010, 75 FR     Subchapter 19 is
 Prohibition of Air Pollution from     corrected on June 15,    45483.                    approved into the SIP
 Oxides of Nitrogen.''.                2009 and July 6, 2009.                             except for the
                                                                                          following provisions:
                                                                                          (1) Phased compliance
                                                                                          plan through
                                                                                          repowering in Sec.
                                                                                          19.21 that allows for
                                                                                          implementation beyond
                                                                                          May 1, 1999; and (2)
                                                                                          phased compliance plan
                                                                                          through the use of
                                                                                          innovative control
                                                                                          technology in Sec.
                                                                                          19.23 that allows for
                                                                                          implementation beyond
                                                                                          May 1, 1999.
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.''

[[Page 551]]

 
Subchapter 24, ``Prevention of Air    December 29, 2008......  December 22, 2010, 75 FR
 Pollution From Consumer Products.''                            80340.
Subchapter 25, ``Control and          December 29, 2008......  December 22, 2010, 75 FR
 Prohibition of Air Pollution by                                80340.
 Vehicular Fuels.''
Subchapter 26, ``Prevention of Air    December 29, 2008......  December 22, 2010, 75 FR
 Pollution From Adhesives, Sealants,                            80340.
 Adhesive Primers and Sealant
 Primers.''
Subchapter 29, ``Low Emission         January 17, 2006.......  February 13, 2008, 73 FR  In Section 29.13(g),
 Vehicle (LEV) Program''.                                       8202.                     Title 13, Chapter 1,
                                                                                          Article 2, Section
                                                                                          1961.1 of the
                                                                                          California Code of
                                                                                          Regulations relating
                                                                                          to greenhouse gas
                                                                                          emission standards, is
                                                                                          not incorporated into
                                                                                          the SIP.
Subchapter 30, ``Clean Air            July 16, 2007..........  October 1, 2007, 72 FR
 Interstate Rule (CAIR) NOX Trading                             55672.
 Program.''.
Subchapter 31, ``NOX Budget           July 16, 2007..........  October 1, 2007, 72 FR
 Program.''.                                                    55672.
Subchapter 34, ``TBAC Emissions       December 29, 2008......  December 22, 2010, 75 FR
 Reporting.''.                                                  80340.
 
Title 7, Chapter 27B
 
Subchapter 3, ``Air Test Method 3:    June 20, 1994..........  August 7, 1997, 62 FR
 Sampling and Analytic Procedures                               42414.
 for the Determination of Volatile
 Organic Compounds from Source
 Operations''.
Subchapter 5, ``Air Test Method 5:    November 16, 2009......  March 15, 2012, 77 FR
 Testing Procedures For Gasoline-                               15363.
 Fueled Vehicles.''.
 
Title 13, Chapter 20:
 
Subchapter 7, ``Vehicle               November 19, 2009......  March 15, 2012, 77 FR
 Inspection.'' Sections: 7.1. 7.2,                              15363.
 7.3, 7.4, 7.5, 7.6.
Subchapter 24,                        November 19, 2009......  March 15, 2012, 77 FR
 ``Motorcycles.''Section 20.                                    15363.
Subchapter 26, ``Compliance With      November 19, 2009......  March 15, 2012, 77 FR
 Diesel Emission Standards and                                  15363.
 Equipment, Periodic Inspection
 Program for Diesel Emissions, and
 Self-Inspection of Certain Classes
 of Motor Vehicles.'' Section: 26.2,
 26.16.
Subchapter 28, ``Inspection of New    November 19, 2009......  March 15, 2012, 77 FR
 Motor Vehicles.'' Sections: 28.3,                              15363.
 28.4, 28.6.
Subchapter 29, ``Mobile Inspection    November 19, 2009......  March 15, , 77 FR 15363.
 Unit.''Sections: 29.1, 29.2, 29.3.
Subchapter 32, ``Inspection           November 19, 2009......  March 15, 2012, 77 FR
 Standards and Test Procedures To Be                            15363.
 Used By Official Inspection
 Facilities.''
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.
 

[[Page 552]]

 
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 Notes: 1. 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.

    2. 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, Jan. 3, 2012]



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/

[[Page 553]]

code--of--federal--regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                       EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
                                            State approval/
   State citation        Title/subject      effective date         EPA approval date              Comments
----------------------------------------------------------------------------------------------------------------
          New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------
Part 1.............  General Provisions...       1/23/2015  7/24/2015, 80 FR 43966........
Part 2.............  Definitions..........       8/31/2009  1/26/2015, 80 FR 3884.........  The following
                                                                                             definitions are
                                                                                             state specific and
                                                                                             are not being
                                                                                             approved into the
                                                                                             SIP:
                                                                                            G. ``Carbon
                                                                                             dioxide''
                                                                                            M. ``Greenhouse
                                                                                             gas''
                                                                                            O.
                                                                                             ``Hydrofluorocarbon
                                                                                             s''
                                                                                            S. ``Methane''
                                                                                            V. ``Nitrous oxide''
                                                                                            AA.
                                                                                             ``Perfluorocarbons'
                                                                                             '
                                                                                            AN. ``Sulfur
                                                                                             hexafluoride''
Part 3.............  Ambient Air Quality          9/6/2006  7/15/11, 76 FR 41698..........
                      Standards.
Part 5.............  Source Surveillance..      11/30/1995  9/26/1997, 62 FR 50514........
Part 7.............  Excess Emissions.....       7/10/2008  9/14/2009, 74 FR 46910........
Part 8.............  Emissions Leaving New      11/30/1995  9/26/1997, 62 FR 50514........
                      Mexico.
Part 10............  Woodwaste Burners....      11/30/1995  9/26/1997, 62 FR 50514........
Part 11............  Asphalt Process            11/30/1995  9/26/1997, 62 FR 50514........
                      Equipment.
Part 13............  Gypsum Processing          11/30/1995  9/26/1997, 62 FR 50514........
                      Plants.
Part 14............  Particulate Emissions      11/30/1995  9/26/1997, 62 FR 50514........
                      From Coal Burning
                      Equipment.
Part 15............  Pumice, Mica and           11/30/1995  9/26/1997, 62 FR 50514........
                      Perlite Process
                      Equipment.
Part 16............  Nonferrous Smelters        11/30/1995  9/26/1997, 62 FR 50514........
                      (New and Existing)-
                      Particulate Matter.
Part 17............  Nonferrous Smelters        11/30/1995  9/26/1997, 62 FR 50514........
                      (Existing)-
                      Particulate Matter.
Part 18............  Oil Burning Equipment-     11/30/1995  9/26/1997, 62 FR 50514........
                      Particulate Matter.
Part 19............  Potash, Salt, or           11/30/1995  9/26/1997, 62 FR 50514........
                      Sodium Sulfate
                      Processing Equipment-
                      Particulate Matter.
Part 20............  Lime Manufacturing         11/30/1995  9/26/1997, 62 FR 50514........
                      Plants-Particulate
                      Matter.
Part 21............  Fugitive Particulate       11/30/1995  9/26/1997, 62 FR 50514........
                      Matter Emissions
                      from Nonferrous
                      Smelters.
Part 22............  Fugitive Particulate       11/30/1995  9/26/1997, 62 FR 50514........
                      Matter Emissions
                      from Roads within
                      the Town of Hurley.
Part 30............  Kraft Mills..........      11/30/1995  9/26/1997, 62 FR 50514........
Part 31............  Coal Burning               11/30/1995  9/26/1997, 62 FR 50514........
                      Equipment-Sulfur
                      Dioxide.
Part 32............  Coal Burning               11/30/1995  9/26/1997, 62 FR 50514........
                      Equipment-Nitrogen
                      Dioxide.
Part 33............  Gas Burning Equipment-     11/30/1995  9/26/1997, 62 FR 50514........
                      Nitrogen Dioxide.
Part 34............  Oil Burning Equipment-     11/30/1995  9/26/1997, 62 FR 50514........
                      Nitrogen Dioxide.
Part 40............  Sulfuric Acid              11/30/1995  9/26/1997, 62 FR 50514........
                      Production Units-
                      Sulfur Dioxide, Acid
                      Mist and Visible
                      Emissions.
Part 41............  Nonferrous Smelters-       11/30/1995  9/26/1997, 62 FR 50514........
                      Sulfur.
Part 60............  Open Burning.........      12/31/2003  11/27/2012, 77 FR 70693.......
Part 61............  Smoke and Visible          11/30/1995  9/26/1997, 62 FR 50514........
                      Emissions.
Part 65............  Smoke Management.....      12/31/2003  11/27/2012, 77 FR 70693.......
Part 66............  Cotton Gins..........        4/7/2005  6/13/2012, 77 FR 35273........

[[Page 554]]

 
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         7/11/2014  7/14/2015, 80 FR 40915........  Revisions to
                      of Significant                                                         20.2.74.7(AZ)(2)(a)
                      Deterioration.                                                         NMAC submitted 1/8/
                                                                                             2013, effective 2/6/
                                                                                             2913, 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        11/30/1995  11/25/1997, 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--Nonattainmen        6/3/2011  1/22/2013, 78 FR 4339.........
                      t Areas.
Part 80............  Stack Heights........      11/30/1995  9/26/1997, 62 FR 50514........
Part 81............  Western Backstop             7/6/2011  11/27/2012, 77 FR 70693.......
                      Sulfur Dioxide
                      Trading Program.
----------------------------------------------------------------------------------------------------------------
                                       Part 99--Transportation Conformity
----------------------------------------------------------------------------------------------------------------
20.2.99.1..........  Issuing Agency.......       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.2..........  Scope................       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.3..........  Statutory Authority..       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.4..........  Duration.............       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.5..........  Effective Date.......       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.6..........  Objective............       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.7..........  Definitions..........       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.8..........  Documents............       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.101........  Applicability........       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.102........  Consultation.........       7/11/2014  6/18/2015, 80 FR 34835........
20.2.99.103........  Agency Roles in             7/11/2014  6/18/2015, 80 FR 34835........
                      Consultation.
20.2.99.104........  Agency                      7/11/2014  6/18/2015, 80 FR 34835........
                      Responsibilities in
                      Consultation.

[[Page 555]]

 
20.2.99.105........  General Consultation        7/11/2014  6/18/2015, 80 FR 34835........
                      Procedures.
20.2.99.106........  Consultation                7/11/2014  6/18/2015, 80 FR 34835........
                      Procedures for
                      Specific Major
                      Activities.
20.2.99.107........  Consultation                7/11/2014  6/18/2015, 80 FR 34835........
                      Procedures for
                      Specific Routine
                      Activities.
20.2.99.108........  Notification                7/11/2014  6/18/2015, 80 FR 34835........
                      Procedures for
                      Routine Activities.
20.2.99.109........  Conflict Resolution         7/11/2014  6/18/2015, 80 FR 34835........
                      and Appeals to the
                      Governor.
20.2.99.110........  Public Consultation         7/11/2014  6/18/2015, 80 FR 34835........
                      Procedures.
20.2.99.111........  Enforceability of           7/11/2014  6/18/2015, 80 FR 34835........
                      Design Concept and
                      Scope and Project-
                      Level Mitigation and
                      Control Measures.
20.2.99.112........  Savings Provision....       7/11/2014  6/18/2015, 80 FR 34835........
----------------------------------------------------------------------------------------------------------------


                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                                  State approval/
       State citation           Title/subject     effective date       EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
   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.      12/15/2010  5/7/2015, 80 FR 26190.....
Part 2 (20.11.2 NMAC)......  Fees...............       1/10/2011  5/24/2012, 77 FR 30900....  NOT in SIP:
                                                                                               references to
                                                                                               Operating Permits
                                                                                               (20.11.42 NMAC)
                                                                                               in subsection (A)
                                                                                               of 20.11.2.2,
                                                                                               subsection (B) of
                                                                                               20.11.2.11,
                                                                                               subsection (B) of
                                                                                               20.11.2.12,
                                                                                               subsections (A)
                                                                                               and (B) of
                                                                                               20.11.2.13, and
                                                                                               subsection (B) of
                                                                                               20.11.2.21.
Part 3 (20.11.3 NMAC)......  Transportation       11/18/2010; 10/ 2/18/2014, 79 FR 9097.....
                              Conformity.                11/2012
Part 4 (20.11.4 NMAC)......  General Conformity.       5/24/2011  2/18/2014, 79 FR 9097.....
Part 5 (20.11.5 NMAC)......  Visible Air                1/1/2003  12/30/2004, 69 FR 78314...
                              Contaminants.
Part 6 (20.11.6 NMAC)......  Emergency Action          10/1/2002  12/30/2004, 69 FR 78314...
                              Plan.
Part 7 (20.11.7 NMAC)......  Variance Procedure.        9/7/2004  5/31/2006, 71 FR 30805....
Part 8 (20.11.8 NMAC)......  Ambient Air Quality       8/12/2009  9/19/2012, 77 FR 58032....
                              Standards.
Part 20 (20.11.20 NMAC)....  Fugitive Dust             3/17/2008  4/1/2009, 74 FR 14731.....
                              Control.
Part 21 (20.11.21 NMAC)....  Open Burning.......       7/11/2011  11/29/2012, 77 FR 71119...
Part 22 (20.11.22 NMAC)....  Woodburning........       10/1/2002  12/30/2004, 69 FR 78314...
Part 40 (20.11.40 NMAC)....  Source Registration       10/1/2002  12/30/2004, 69 FR 78314...
Part 41 (20.11.41 NMAC)....  Authority to              10/1/2002  12/30/2004, 69 FR 78314...
                              Construct.
Part 43 (20.11.43 NMAC)....  Stack Height              10/1/2002  12/30/2004, 69 FR 78314...
                              Requirements.
Part 46 (20.11.46 NMAC)....  Sulfur Dioxide            5/16/2011  11/29/2012, 77 FR 71119...
                              Emission Inventory
                              Requirements;
                              Western Backstop
                              Sulfur Dioxide
                              Trading Program.
Part 47 (20.11.47 NMAC)....  Emissions Inventory      10/18/2012  5/7/2015, 80 FR 26190.....
                              Requirements.
Part 49 (20.11.49 NMAC)....  Excess Emissions...       9/23/2009  2/4/2010, 75 FR 5698......
Part 60 (20.11.60).........  Permitting in             4/10/2013  11/12/2015, 80 FR 69876
                              Nonattainment
                              Areas.
Part 61 (20.11.61 NMAC)....  Prevention of             5/29/2015  8/31/2015, 80 FR 52402....
                              Significant
                              Deterioration.
Part 63 (20.11.63 NMAC)....  New Source                10/1/2002  12/30/2004, 69 FR 78314...
                              Performance
                              Standards for
                              Stationary Sources.

[[Page 556]]

 
Part 64 (20.11.64 NMAC)....  Emission Standards        10/1/2002  12/30/2004, 69 FR 78314...
                              for Hazardous Air
                              Pollutants for
                              Stationary Sources.
Part 65 (20.11.65 NMAC)....  Volatile Organic          9/23/2009  2/4/2010, 75 FR 5698......
                              Compounds.
Part 66 (20.11.66 NMAC)....  Process Equipment..       10/1/2002  12/30/2004, 69 FR 78314...
Part 67 (20.11.67 NMAC)....  Equipment,                10/1/2002  12/30/2004, 69 FR 78314...
                              Emissions,
                              Limitations.
Part 68 (20.11.68 NMAC)....  Incinerators and          04/1/2002  12/30/2004, 69 FR 78314...
                              Crematories.
Part 90 (20.11.90 NMAC)....  Source                    9/23/2009  2/4/2010, 75 FR 5698......
                              Surveillance,
                              Administration and
                              Enforcement.
Part 100 (20.11.100 NMAC)..  Motor Vehicle             8/16/2016  3/21/2017, 82 FR 14461....  20.11.100.5(B),
                              Inspection--Decent                                               20.11.100.7(LL)(I
                              ralized.                                                         ) and
                                                                                               20.11.100.17(E)(2
                                                                                               ) are NOT part of
                                                                                               the SIP.
Part 102 (20.11.102 NMAC)..  Oxygenated Fuels...      12/11/2005  2/11/2010, 75 FR 6813.....
Part 103 (20.11.103 NMAC)..  Motor Vehicle             10/1/2002  12/30/2004, 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
----------------------------------------------------------------------------------------------------------------
Units 1, 2, 3, & 4 of the San  NSR Permit No.    11/1/2013.......  10/9/2014, 79      Ch. 10 (BART) of SIP under
 Juan Generating Station.       0063-M6R3,                          FR 60992.                  40 CFR 51.309(g).
                                Section A112C.
----------------------------------------------------------------------------------------------------------------

    (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              4/20/1990  June 1, 1999................
                          Improvement Board--
                          Creation--Organizat
                          ion.
74-2-1.................  Short Title.........       8/11/1983  11/2/1984, 49 FR 44101
74-2-2.................  Definitions.........       8/11/1983  11/2/1984, 49 FR 44101
74-2-3.................  State Air Pollution        8/11/1983  11/2/1984, 49 FR 44101
                          Control Agency.
74-2-4.................  Municipal or County        4/20/1990  June 1, 1999
                          Air Quality Control
                          Board.
74-2-5.................  Duties and Powers of       8/11/1983  11/2/1984, 49 FR 44101
                          Board.
74-2-6.................  Adoption of                8/11/1983  11/2/1984, 49 FR 44101
                          Regulations Notice
                          and Hearings.
74-2-7.................  Permits.............       8/11/1983  11/2/1984, 49 FR 44101
74-2-8.................  Variances...........       8/11/1983  11/2/1984, 49 FR 44101
74-2-9.................  Variances--Judicial        8/11/1983  11/2/1984, 49 FR 44101
                          Review.
74-2-10................  Emergency Procedure.       8/11/1983  11/2/1984, 49 FR 44101
74-2-11................  Confidential               8/11/1983  11/2/1984, 49 FR 44101
                          Information.
74-2-11.1..............  Limitations on             8/11/1983  11/2/1984, 49 FR 44101
                          Regulations.
74-2-12................  Enforcement.........       8/11/1983  11/2/1984, 49 FR 44101
74-2-13................  Inspection..........       8/11/1983  11/2/1984, 49 FR 44101
74-2-14................  Penalties...........       8/11/1983  11/2/1984, 49 FR 44101
74-2-15................  Additional Means of        8/11/1983  11/2/1984, 49 FR 44101
                          Enforcement.
74-2-15.1..............  Primary Nonferrous         8/11/1983  11/2/1984, 49 FR 44101
                          Smelter Orders.

[[Page 557]]

 
74-2-16................  Declaratory                8/11/1983  11/2/1984, 49 FR 44101
                          Judgement of
                          Regulation.
74-2-17................  Continuing Effect of       8/11/1983  11/219/84, 49 FR 44101
                          Present Laws,
                          Rules, and
                          Regulations.
Article 16, Sections 10- New Mexico Conflict          7/16/90  June 1, 1999................
 16-1 through 10-16-16.   of Interest Act.
Article 16,              New Mexico                 7/16/1990  June 1, 1999................
 Supplemental.            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,     Joint Air Quality          6/12/2013  10/20/2015, 80 FR 63431.....  Section 9-5-1-3
 Chapter 9, Article 5,    Control Board.                                                      Joint Air Quality
 Part 1: Air Quality                                                                          Control Board
 Control Board,                                                                               only.
 Sections 9-5-1-1 to 9-
 5-1-15, and 9-5-1-98.
Bernalillo County, Code  Joint Air Quality          6/12/2013  10/20/2015, 80 FR 63431.....  Section 30-32--
 of Ordinances, Chapter   Control Board.                                                      Joint Air Quality
 30, Article II, Air                                                                          Control Board
 Pollution; Section 30-                                                                       only.
 31 to 30-47.
City of Albuquerque,     Conflict of Interest       6/12/2013  10/20/2015, 80 FR 63431.....
 Chapter 2, Article
 III, Sections 3-3-1 to
 3-3-13.
City of Albuquerque      Code of Ethics......       6/12/2013  10/20/2015, 80 FR 63431.....
 Charter, Article XII,
 Section 4--Conflict of
 Interest.
Bernalillo County        Code of Ethics......       6/12/2013  10/20/2015, 80 FR 63431.....
 Ordinance, Chapter 2,
 Administration,
 Article III, Officers
 and Employees,
 Division 4, Code of
 Ethics, Sections 2-126
 to 2-136.
----------------------------------------------------------------------------------------------------------------


            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
     Name of SIP provision          geographic or      submittal/     EPA approval date        Explanation
                                 nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
State Attorney Generals Opinion  Statewide.........        9/4/1972  4/9/1979, 44 FR     Ref 52.1640(c)(4).
                                                                      21020.
Revisions to New Source Review   Statewide.........        1/3/1973  4/9/1979, 44 FR     Ref 52.1640(c)(5).
 and Source Surveillance.                                             21020.
Clarification of State permit    Statewide.........       1/18/1973  4/9/1979, 44 FR     Ref 52.1640(c)(6).
 and Source Surveillance.                                             21020.

[[Page 558]]

 
Revision for Attainment of       PM in Albuquerque,       1/23/1979  4/10/1980, 45 FR    Ref 52.1640(c)(11).
 Standards.                       Grant, Eddy and                     24468 and 3/26/
                                  Lea counties;                       1981, 46 FR 18694.
                                  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.......        7/2/1979  4/10/1980, 45 FR    Ref 52.1640(c)(12).
 Emission I/M program.                                                24468.
TSP Plan, RFP, and               Albuquerque.......        8/2/1979  4/10/1980, 45 FR    Ref 52.1640(c)(13).
 Transportation Commitments.                                          24468.
Schedule for Albuquerque TSP     Albuquerque and          9/25/1979  4/10/1980, 45 FR    Ref 52.1640(c)(14).
 plan, revising permit            Grant county.                       24468.
 regulations, and extension
 request.
CO Strategies..................  Farmington and           1/23/1979  4/10/1980, 45 FR    Ref 52.1640(c)(15).
                                  Santa Fe counties.                  24468.
Compliance schedules for         Eddy, Lea, and           7/25/1979  12/24/1980, 45 FR   Ref 52.1640(c)(16).
 several industries.              Grant counties.                     85006.
Revision for attainment of CO    Bernalillo county.       3/17/1980  3/26/1981, 46 FR    Ref 52.1640(c)(17).
 standard.                                                            18694.
Commitment to not issue permits  Nonattainment            5/20/1980  3/26/1981, 46 FR    Ref 52.1640(c)(18).
 to stationary sources.           areas.                              18694.
Commitment to submit I/M         Albuquerque,            10/10/1980  3/26/1981, 46 FR    Ref 52.1640(c)(19).
 enforcement plan.                Bernalillo county.                  18694.
Revision to ambient monitoring   Statewide.........      12/12/1979  8/06/1981, 46 FR    Ref 52.1640(c)(20).
 plan.                                                                40006.
Variance to regulation 506 for   Hidalgo Smelter in        2/4/1980  8/19/1981, 46 FR    Ref 52.1640(c)(21).
 Phelps Dodge Corp.               Playas, NM.                         42065.
Revised SO2 control strategy...  San Juan county...       2/12/1981  8/27/1981, 46 FR    Ref 52.1640(c)(22).
                                                                      43153.
Memorandum of understanding      Statewide.........       4/16/1981  8/27/1981, 46 FR    Ref 52.1640(c)(22).
 between the State and Arizona                                        43153.
 Public Service Company.
Compliance schedule for units 4  Four Corners Power       3/31/1980  3/30/1982, 47 FR    Ref 52.1640(c)(23).
 and 5 of the Arizona Public      plant.                              13339.
 Service.
Variance to regulation 603 for   Four Corners Power       7/31/1980  3/30/1982, 47 FR    Ref 52.1640(c)(25).
 units 3, 4, and 5 of the         plant.                              13339.
 Arizona Public Service.
New Mexico plan for Lead.......  Statewide.........       5/19/1980  5/5/1982, 47 FR     Ref 52.1640(c)(27).
                                                                      19334 and.
                                                                     8/14/1984, 49 FR
                                                                      32184.
Revision to SO2 control          Grant county......   5/12/1981 and  5/5/1982, 47 FR     Ref 52.1640(c)(28).
 strategy.                                                8/13/1981   19333.
Intergovernmental Consultation   N/A...............       3/28/1980  3/8/1984, 49 FR     Ref 52.1640(c)(31).
 program.                                                             08610.
Public Information and           Statewide.........      12/20/1979  8/24/1983, 48 FR    Ref 52.1640(c)(33).
 Participation program.                                               38467.
Revision for attainment of CO    Bernalillo county.   6/28/1982 and  7/1/1983, 48 FR     Ref 52.1640(c)(34).
 standard.                                                1/26/1983   30366.
Variance to regulation 603.B     Four Corners Power       2/4/1987,  10/27/1989, 54 FR   Ref 52.1640(c)(38).
 for units 3, 4, and 5 of the     Plant.                10/26/1987,   43814.
 Arizona Public Service.                              and 2/16/1988
Revision to SIP for moderate     Anthony area; Dona       11/8/1991  9/9/1993, 58 FR     Ref 52.1640(c)(50).
 PM10 nonattainment areas.        Ana county.                         47383.
Narrative plan addressing CO     Albuquerque,             11/5/1992  11/29/1993, 58 FR   Ref 52.1640(c)(52).
 nonattainment areas.             Bernalillo county.                  62535.

[[Page 559]]

 
CO continency measures and       Albuquerque,            11/12/1993  5/5/1994, 59 FR     Ref 52.1640(c)(57).
 proposed Clean Fuel Vehicle      Bernalillo county.                  23167.
 fleet demonstration.
Update to supplement to control  Bernalillo county.       11/9/1994  6/24/1996, 61 FR    Ref 52.1640(c)(61).
 air pollution.                                                       32339.
Revision approving request for   Albuquerque,             5/11/1995  6/13/1996, 61 FR    Ref 52.1640(c)(63).
 redesignation, a vehicle I/M     Bernalillo                          29970.
 program, and required            nonattainment
 maintenance plan.                area.
City of Albuquerque request for  Carbon monoxide          6/22/1998  5/24/2000, 65 FR
 redesignation.                   maintenance plan                    33460
                                  and motor vehicle
                                  emission budgets.
Waiver of NOX control            Do[ntilde]a Ana          10/1/1997  2/8/2002, 67 FR
 requirements..                   County (part),                      6152.
                                  marginal ozone
                                  nonattainment
                                  area.
Revision for Attainment, and     Portion of Grant         2/21/2003  9/18/2003, 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         2/21/2003  9/18/2003, 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.       2/12/2003  10/9/2003, 68 FR
 monoxide--Albuquerque/                                               58280.
 Bernalillo County, New Mexico:
 Update of carbon monoxide
 budgets using MOBILE6.
Second 10-year maintenance plan  Bernalillo County.        9/7/2004  7/21/2005, 70 FR
 (limited maintenance plan) for                                       41963.
 Albuquerque/Bernalillo County.
Clean Air Action Plan and 8-     San Juan County...      12/16/2004  8/17/2005, 70 FR
 hour ozone standard attainment                                       48285.
 demonstration for the San Juan
 County EAC area.
New Mexico Visibility            Statewide.........       8/21/1986  1/27/2006, 71 FR
 Protection Plan for Phase I,                                         4490.
 Part I of the Federal
 Visibility Requirements,
 August 8, 1986.

[[Page 560]]

 
New Mexico Visibility            Statewide.........       10/8/1992  1/27/2006, 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.
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
 51.309.                          Bernalillo             10/7/2013,   70693, 10/9/14,
                                  County).                11/1/2013   79 FR 60992.
Interstate transport for the     Bernalillo County.       7/30/2007  11/29/12, 77 FR     Revisions to prohibit
 1997 ozone and PM2.5 NAAQS.                                          71119.              interference with
                                                                                          measures required to
                                                                                          protect visibility in
                                                                                          any other State.
                                                                                          Revisions to prohibit
                                                                                          contribution to
                                                                                          nonattainment in any
                                                                                          other State approved
                                                                                          11/8/2010 (75 FR
                                                                                          68447).
Regional Haze SIP under 40 CFR   Bernalillo County.       7/28/2011  11/29/12, 77 FR
 51.309.                                                              71119.
Infrastructure for 2006 PM2.5    Statewide, except        6/12/2009  1/22/2013, 78 FR    Additional approvals on
 NAAQS.                           for Bernalillo                      4337.               7/9/2013, 78 FR 40966
                                  County and Indian                                       (110(a)(2)(D)(i)(I))
                                  country.                                                and 6/24/2015, 80 FR
                                                                                          36246, June 24, 2015
                                                                                          (110(a)(2)(D)(i)(II),
                                                                                          visibility portion).

[[Page 561]]

 
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.
Second 10-year SO[ihel2]         Portion of Grant         11/1/2013  7/18/2014, 79 FR
 maintenance plan for Grant       county.                             41904.
 County.
Revision to satisfy the          Statewide (except       10/7/2013,  10/9/2014, 79 FR
 requirements of Clean Air Act    Bernalillo              11/1/2013   60992.
 110(a)(2)(D)(i)(II) with         County).
 respect to visibility for the
 8-hour Ozone and PM2.5 NAAQS.
Infrastructure and Transport     Statewide (except         9/9/2011  6/11/2015, 80 FR
 for the 2008 Pb NAAQS.           Bernalillo                          33192.
                                  County).
Infrastructure for the 2008      Statewide, except        8/27/2013  6/24/2015, 80 FR
 Ozone NAAQS.                     for Bernalillo                      36246.
                                  County and Indian
                                  country.
Infrastructure for the 2010 NO2  Statewide, except        3/12/2014  6/24/2015, 80 FR
 NAAQS.                           for Bernalillo                      36246.
                                  County and Indian
                                  country.
Infrastructure for the 2010 SO2  Statewide, except        2/14/2014  10/14/2015, 80 FR   Does not address CAA
 NAAQS.                           for Bernalillo                      61752.              110(a)(2)(D)(i)(I).
                                  County and Indian
                                  country.
Infrastructure and Interstate    Albuquerque-              5/2/2012  12/3/2015, 80 FR
 Transport for the 2008 Pb        Bernalillo County.                  75637.
 NAAQS.
Infrastructure and Interstate    Albuquerque-             6/11/2015  2/17/2016, 81 FR
 Transport for the 2010 SO2       Bernalillo County.                  7976.
 NAAQS.
Infrastructure and Interstate    Albuquerque-             7/26/2013  2/17/2016, 81 FR
 Transport for the 2010 NO2       Bernalillo County.                  7981.
 NAAQS.
Small Business Stationary        Statewide,              11/05/1992  3/10/2016, 81 FR
 Source Technical and             excluding                           12599.
 Environmental Compliance         Bernalillo County.
 Assistance Program.
Small Business Stationary        Albuquerque/            11/16/1992  3/10/2016, 81 FR
 Source Technical and             Bernalillo County.                  12599.
 Environmental Compliance
 Assistance Program.
----------------------------------------------------------------------------------------------------------------


[63 FR 37495, July 13, 1998]

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

    Effective Date Notes: 1. At 82 FR 27133, June 14, 2017, Sec. 
52.1620 was amended in the second table of paragraph (e) by adding the 
entry ``New Mexico Progress Report for the State Implementation Plan for 
Regional Haze'' at the end of the table, effective July 14, 2017. For 
the convenience of the user, the added text is set forth as follows:



Sec. 52.1620  Identification of plan.

                                * * * * *

    (e) * * *

[[Page 562]]



            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                       Applicable
      Name of SIP provision          geographic or     State submittal/  EPA approval date       Explanation
                                   nonattainment area   effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
New Mexico Progress Report for    Statewide..........        3/14/2014  6/14/2017, 82 FR     ...................
 the State Implementation Plan                                           27127.
 for Regional Haze.
----------------------------------------------------------------------------------------------------------------


    Effective Date Notes: 2. At 82 FR 29423, June 29, 2017, Sec. 
52.1620 was amended in the second table of paragraph (c) by revising the 
entry for ``Part 41 (20.11.41 NMAC) Authority to Construct'', and in the 
second table of paragraph (e) by adding four entries at the end of the 
table, effective July 31, 2017. For the convenience of the user, the 
added and revised text is set forth as follows:



Sec. 52.1620  Identification of plan.

                                * * * * *

    (c) * * *

                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State approval/
         State citation            Title/subject      effective date   EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Part 41 (20.11.41 NMAC)........  Authority to       7/10/2013........  6/29/2017, 82 FR   The following are
                                  Construct.                            29421.             conditionally
                                                                                           approved 20.11.41.7.J
                                                                                           NMAC, references to
                                                                                           ``technical permit
                                                                                           revisions'' in
                                                                                           20.11.41.EE NMAC,
                                                                                           20.11.41.RR NMAC,
                                                                                           20.11.41.17.F NMAC,
                                                                                           20.11.41.28 NMAC, and
                                                                                           20.11.41.32 NMAC.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (e) * * *

            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
                                       Applicable       submittal/
     Name of SIP  Provisions         geographic or      effective    EPA approval date         Explanation
                                   nonattainment area      date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
City of Albuquerque               City of                4/21/2016  6/29/2017, 82 FR
 Clarification Letter on Minor     Albuquerque--Berna                29421.
 NSR SIP.                          lillo County.
City of Albuquerque               City of Albuquerque-    6/5/2016  6/29/2017, 82 FR
 Clarification Letter Providing    Bernalillo County.                29421.
 Public Notices of Minor NSR to
 EPA.
City of Albuquerque Letter        City of Albuquerque-   9/19/2016  6/29/2017, 82 FR
 regarding Public Notice for       Bernalillo County.                29421.
 Minor NSR.

[[Page 563]]

 
City of Albuquerque Minor NSR     City of Albuquerque-  12/20/2016  6/29/2017, 82 FR     .......................
 Commitment Letter.                Bernalillo County.                29421.
----------------------------------------------------------------------------------------------------------------



Sec. 52.1621  Classification of regions.

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

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


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



Sec. 52.1622  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves New Mexico's state implementation plan under section 110 of the 
Clean Air Act. Furthermore, the Administrator finds that the plan 
satisfies all applicable requirements of Parts C and D, Title I, of the 
Clean Air Act as amended in 1990, except as noted below.
    (a) The revisions to the New Mexico SIP definition of ``Subject to 
Regulation'' at 20.2.74.7 (AZ)(2)(a) NMAC to implement the GHG Biomass 
Deferral as submitted on January 8, 2013 are disapproved.
    (b) [Reserved]

[81 FR 32241, May 23, 2016]



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

[[Page 564]]

will automatically convert to a final disapproval.
    (b) [Reserved]

[63 FR 48109, Sept. 9, 1998]



Sec. Sec. 52.1624-52.1626  [Reserved]



Sec. 52.1627  Control strategy and regulations: Carbon monoxide.

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

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



Sec. Sec. 52.1628-52.1633  [Reserved]



Sec. 52.1634  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of New Mexico on February 21, 
1984 (as adopted by the New Mexico Environmental Improvement Board 
(NMEIB) on January 13, 1984), August 19, 1988 (as revised and adopted by 
the NMEIB on July 8, 1988), and July 16, 1990 (as revised and adopted by 
the NMEID on March 9, 1990), Air Quality Control Regulation 707--
Permits, Prevention of Significant Deterioration (PSD) and its 
Supplemental document, is approved as meeting the requirements of part 
C, Clean Air Act for preventing significant deterioration of air 
quality. 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, 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

[[Page 565]]

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 (PM [bdi1][bdi0]) Group II SIP
commitments.

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

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

[54 FR 20579, May 12, 1989]



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

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

[54 FR 23477, June 1, 1989]

[[Page 566]]



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)
    (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

[[Page 567]]

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 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

[[Page 568]]

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 (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

[[Page 569]]

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 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

[[Page 570]]

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.
    (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

[[Page 571]]

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.
    (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

[[Page 572]]

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.
    (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

[[Page 573]]

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 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.

[[Page 574]]

    (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 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,

[[Page 575]]

``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]
    (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

[[Page 576]]

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 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.

[[Page 577]]

    (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 August 1, 
2015, 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 
notification of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section with 
an EPA approval date after August 1, 2015, 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 
August 1, 2015.
    (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; and the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.

[[Page 578]]

    (c) EPA approved regulations.

                                EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
                                                              State       EPA approval
          State citation               Title/subject     effective date       date               Comments
----------------------------------------------------------------------------------------------------------------
Title 6, Part 200, Subpart 200.1.  General Provisions,         10/15/11        12/27/16  The word odor is
                                    Definitions.                                          removed 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.
                                                                                         EPA is approving
                                                                                          incorporation by
                                                                                          reference of those
                                                                                          documents that are not
                                                                                          already federally
                                                                                          enforceable.
                                                                                         EPA approval finalized
                                                                                          at 81 FR 9549
Title 6, Part 200, Subpart 200.6.  General Provisions,          2/25/00         4/22/08    EPA approval
                                    Acceptable ambient                                    finalized at 73 FR
                                    air quality.                                          21548.
Title 6, Part 200, Subpart 200.7.  General Provisions,          2/25/00         4/22/08    EPA approval
                                    Maintenance of                                        finalized at 73 FR
                                    equipment.                                            21548.
Title 6, Part 200, Subpart 200.9.  General Provisions,         10/15/11        12/27/16  EPA is approving
                                    Referenced Material.                                  reference documents
                                                                                          that are not Federally
                                                                                          enforceable.
                                                                                         EPA approval finalized
                                                                                          at 81 FR 95049
Title 6, Part 201................  Permits and                   4/4/93         10/3/05    This action
                                    Registrations.                                        removes subpart
                                                                                          201.5(e) from the
                                                                                          State's Federally
                                                                                          approved SIP.
                                                                                           EPA approval
                                                                                          finalized at 70 FR
                                                                                          57511.
Title 6, Part 201, Subpart 201-    Permits and                 10/15/11        12/27/16  EPA is including the
 2.1(b)(21).                        Registrations,                                        definition of ``Major
                                    Definitions.                                          stationary source or
                                                                                          major source or major
                                                                                          facility'' with the
                                                                                          understanding that the
                                                                                          definition applies
                                                                                          only to provisions of
                                                                                          Part 231.
                                                                                         Revisions are approved
                                                                                          except for changes to
                                                                                          the definitions in 201-
                                                                                          2.1(b)(21)(i) and 201-
                                                                                          2.1(b)(21)(v)
                                                                                          withdrawn by NYSDEC as
                                                                                          per July 28, 2016
                                                                                          letter to EPA Region
                                                                                          2.
                                                                                         EPA approval finalized
                                                                                          at 81 FR 95049
Title 6, Part 201, Subpart 201-    Permits and                   7/7/96         10/3/05    EPA approval
 7.1.                               Registrations,                                        finalized at 70 FR
                                    Federally                                             57511.
                                    Enforceable
                                    Emission Caps.
Title 6, Part 201, Subpart 201-    Permits and                   7/7/96         10/3/05    EPA approval
 7.2.                               Registrations,                                        finalized at 70 FR
                                    Emission Capping                                      57511.
                                    Using Synthetic
                                    Minor Permits.
Title 6, Part 202................  Emissions Testing,           3/24/79        11/12/81    EPA approval
                                    Sampling and                                          finalized at 46 FR
                                    Analytical                                            55690.
                                    Determinations.
Title 6, Part 202, Subpart 202-2.  Emission Statements.         5/29/05        10/31/07    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.
                                                                                           EPA approval
                                                                                          finalized at 72 FR
                                                                                          61530.

[[Page 579]]

 
Title 6, Part 204................  NOX Budget Trading           2/25/00         5/22/01    Incorporates
                                    Program.                                              NOX SIP Call and NOX
                                                                                          Budget Trading Program
                                                                                          for 2003 and
                                                                                          thereafter.
                                                                                           EPA approval
                                                                                          finalized at 66 FR
                                                                                          28063.
Title 6, Part 205................  Architectural and             1/1/11          3/8/12    EPA approval
                                    Industrial                                            finalized at 77 FR
                                    Maintenance (AIM)                                     13974.
                                    Coatings.
Title 6, Part 207................  Control Measures for         2/22/79        11/12/81    EPA approval
                                    an Air Pollution                                      finalized at 46 FR
                                    Episode.                                              55690.
Title 6, Part 211................  General Prohibitions          1/1/11          3/8/12    Section 211.1
                                                                                          (previously numbered
                                                                                          211.2) is not part of
                                                                                          the approved plan.
                                                                                          (see 11/27/98, 63 FR
                                                                                          65559).
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          13974.
Title 6, Part 212................  General Process              9/30/10         7/12/13    SIP revisions
                                    Emission Sources.                                     submitted in
                                                                                          accordance with Sec.
                                                                                          212.10(c)(3) and
                                                                                          212.12(c) are
                                                                                          effective only if
                                                                                          approved by EPA.
                                                                                           EPA approval
                                                                                          finalized at 78 FR
                                                                                          41846.
Title 6, Part 213................  Contaminant                   5/1/72         9/22/72    EPA approval
                                    Emissions from                                        finalized at 37 FR
                                    Ferrous Jobbing                                       19814.
                                    Foundries.
Title 6, Part 214................  By-Product Coke Oven         9/22/94         7/20/06    EPA approval
                                    Batteries.                                            finalized at 71 FR
                                                                                          41163.
Title 6, Part 215................  Open Fires..........         6/16/72         9/22/72    EPA approval
                                                                                          finalized at 37 FR
                                                                                          19814.
Title 6, Part 216................  Iron and/or Steel            9/22/94         7/20/06    EPA approval
                                    Processes.                                            finalized at 71 FR
                                                                                          41163.
Title 6, Part 217, Subpart 217-1.  Motor Vehicle                12/5/10         2/28/12    EPA approval
                                    Emissions, Motor                                      finalized at 77 FR
                                    Vehicle Enhanced                                      11742.
                                    Inspection and
                                    Maintenance Program
                                    Requirements Until
                                    December 31, 2010.
Title 6, Part 217, Subpart 217-4.  Motor Vehicle                12/5/10         2/28/12    EPA approval
                                    Emissions,                                            finalized at 77 FR
                                    Inspection and                                        11742.
                                    Maintenance Program
                                    Audits Until
                                    December 31, 2010.
Title 6, Part 217, Subpart 217-6.  Motor Vehicle                12/5/10         2/28/12    EPA approval
                                    Emissions, Motor                                      finalized at 77 FR
                                    Vehicle Enhanced                                      11742.
                                    Inspection and
                                    Maintenance Program
                                    Requirements
                                    Beginning January
                                    1, 2011.
Title 6, Part 218, Subpart 218-1.  Emission Standards          12/28/00         1/31/05    EPA's
                                    for Motor Vehicles                                    approval of part 218
                                    and Motor Vehicle                                     only applies to light-
                                    Engines,                                              duty vehicles.
                                    Applicability and                                      EPA approval
                                    Definitions.                                          finalized at 70 FR
                                                                                          4773.
Title 6, Part 218, Subpart 218-2.  Emission Standards          12/28/00         1/31/05    EPA's
                                    for Motor Vehicles                                    approval of part 218
                                    and Motor Vehicle                                     only applies to light-
                                    Engines,                                              duty vehicles.
                                    Certification and
                                    Prohibitions.
                                                                            EPA
                                                                               approval
                                                                           finalized at
                                                                            70 FR 4773.
Title 6, Part 218, Subpart 218-3.  Emission Standards          12/28/00         1/31/05    EPA's
                                    for Motor Vehicles                                    approval of part 218
                                    and Motor Vehicle                                     only applies to light-
                                    Engines, Fleet                                        duty vehicles.
                                    Average.
                                                                            EPA
                                                                               approval
                                                                           finalized at
                                                                            70 FR 4773.

[[Page 580]]

 
Title 6, Part 218, Subpart 218-4.  Emission Standards           5/28/92          1/6/95    EPA's
                                    for Motor Vehicles                                    approval of part 218
                                    and Motor Vehicle                                     only applies to light-
                                    Engines, Zero                                         duty vehicles.
                                    Emissions Vehicle
                                    Sales Mandate.
                                                                            EPA
                                                                               approval
                                                                           finalized at
                                                                            60 FR 2025.
Title 6, Part 218, Subpart 218-5.  Emission Standards          12/28/00         1/31/05    EPA's
                                    for Motor Vehicles                                    approval of part 218
                                    and Motor Vehicle                                     only applies to light-
                                    Engines, Testing.                                     duty vehicles.
                                                                            EPA
                                                                               approval
                                                                           finalized at
                                                                            70 FR 4773.
Title 6, Part 218, Subpart 218-6.  Emission Standards          12/28/00         1/31/05    EPA's
                                    for Motor Vehicles                                    approval of part 218
                                    and Motor                                             only applies to light-
                                    Surveillance.                                         duty vehicles.
                                                                            EPA
                                                                               approval
                                                                           finalized at
                                                                            70 FR 4773.
Title 6, Part 218, Subpart 218-7.  Emission Standards          12/28/00         1/31/05    EPA's
                                    for Motor Vehicles                                    approval of part 218
                                    and Motor Vehicle                                     only applies to light-
                                    Engines,                                              duty vehicles.
                                    Aftermarket Parts.
                                                                            EPA
                                                                               approval
                                                                           finalized at
                                                                            70 FR 4773.
Title 6, Part 218, Subpart 218-8.  Emission Standards          12/28/00         1/31/05    EPA's
                                    for Motor Vehicles                                    approval of part 218
                                    and Motor Vehicle                                     only applies to light-
                                    Engines,                                              duty vehicles.
                                    Severability.
                                                                            EPA
                                                                               approval
                                                                           finalized at
                                                                            70 FR 4773.
Title 6, Part 219................  Incinerators........          5/1/72         9/22/72    EPA approval
                                                                                          finalized at 37 FR
                                                                                          19814.
Title 6, Part 220................  Portland Cement              7/11/10         7/12/13    SIP revisions
                                    Plants and Glass                                      submitted in
                                    Plants.                                               accordance with Sec.
                                                                                          220-1.6(b)(4) and 220-
                                                                                          2.3(a)(4) are
                                                                                          effective only if
                                                                                          approved by EPA.
                                                                                           EPA approval
                                                                                          finalized at 78 FR
                                                                                          41846.
Title 6, Part 222................  Incinerators--New            6/17/72         9/22/72    EPA approval
                                    York City, Nassau                                     finalized at 37 FR
                                    and Westchester                                       19814.
                                    Counties.
Title 6, Part 223................  Petroleum Refineries          8/9/84         7/19/85    EPA approval
                                                                                          finalized at 50 FR
                                                                                          29382.
Title 6, Part 224................  Sulfuric and Nitric          5/10/84         7/19/85    Variances
                                    Acid Plants.                                          adopted by the State
                                                                                          pursuant to Part
                                                                                          224.6(b) become
                                                                                          applicable only if
                                                                                          approved by EPA as SIP
                                                                                          revisions.
                                                                                           EPA approval
                                                                                          finalized at 50 FR
                                                                                          29382.
Title 6, Part 225, Subpart 225-1.  Fuel Composition and         3/24/79        11/12/81    Variances
                                    Use-Sulfur                                            adopted by the State
                                    Limitations.                                          pursuant to Sec. Sec.
                                                                                            225.2(b) and (c),
                                                                                          225.3, and 225.5(c)
                                                                                          become applicable only
                                                                                          if approved by EPA or
                                                                                          SIP revisions (40 CFR
                                                                                          52.1675(e)).
                                                                                           EPA approval
                                                                                          finalized at 46 FR
                                                                                          55690.
Title 6, Part 225, Subpart 225-2.  Fuel Composition and         7/28/83          8/2/84    EPA approval
                                    Use-Waste Fuel.                                       finalized at 49 FR
                                                                                          30936.
Title 6, Part 225, Subpart 225-3.  Fuel Composition and         11/4/01          9/8/05    The Variance
                                    Use-Gasoline.                                         adopted by the State
                                                                                          pursuant to section
                                                                                          225-3.5 becomes
                                                                                          applicable only if
                                                                                          approved by EPA as a
                                                                                          SIP revision.
                                                                                           EPA approval
                                                                                          finalized at 70 FR
                                                                                          53304.
Title 6, Part 226................  Solvent Metal                 5/7/03         1/23/04    EPA approval
                                    Cleaning Processes.                                   finalized at 69 FR
                                                                                          3237.

[[Page 581]]

 
Title 6, Part 227, Subpart         Stationary                    5/1/72         9/22/72    1972 version.
 227.2(b)(1).                       Combustion                                             EPA approval
                                    Installations.                                        finalized at 37 FR
                                                                                          19814.
Title 6, Part 227,Subpart 227-1..  Stationary                   2/25/00         5/22/01    Existing Part
                                    Combustion                                            227 is renumbered
                                    Installations.                                        Subpart 227-1.
                                                                                           Renumbered
                                                                                          sections 227-
                                                                                          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.).
                                                                                           EPA approval
                                                                                          finalized at 66 FR
                                                                                          28063.
Title 6, Part 227,Subpart 227-2..  Stationary                    7/8/10         7/12/13    SIP revisions
                                    Combustion                                            submitted in
                                    Installations,                                        accordance with Sec.
                                    Reasonably                                            227-2.3(c) are
                                    Available Control                                     effective only if
                                    Technology (RACT)                                     approved by EPA.
                                    For Major                                              EPA approval
                                    Facilities of                                         finalized at 78 FR
                                    Oxides of Nitrogen                                    41846.
                                    (NOX).
Title 6, Part 227,Subpart 227-3..  Stationary                    3/5/99         5/22/01    Approval of
                                    Combustion                                            NOX Budget Trading
                                    Installations, Pre-                                   Program for 1999,
                                    2003 Nitrogen                                         2000, 2001 and 2002.
                                    Oxides Emissions                                      NOX caps in the State
                                    Budget and                                            during 2003 and
                                    Allowance Program.                                    thereafter established
                                                                                          in Part 204.
                                                                                           EPA approval
                                                                                          finalized at 66 FR
                                                                                          28063.
Title 6, Part 228................  Surface Coating               6/5/13          3/4/14    EPA approval
                                    Processes,                                            finalized at 79 FR
                                    Commercial and                                        12082.
                                    Industrial
                                    Adhesives, Sealants
                                    and Primers.
Title 6, Part 229................  Petroleum and                 4/4/93        12/23/97    SIP revisions
                                    Volatile Organic                                      submitted in
                                    Liquid Storage and                                    accordance with
                                    Transfer.                                             Section 229.3(g)(1)
                                                                                          are effective only if
                                                                                          approved by EPA.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          67006.
Title 6, Part 230................  Gasoline Dispensing          9/22/94         4/30/98    EPA approval
                                    Sites and Transport                                   finalized at 63 FR
                                    Vehicles.                                             23668.
Title 6, Part 231................  New Source Review           10/15/11        12/27/16  Full approval except
                                    for New and                                           for certain revisions
                                    Modified Facilities.                                  to 231-5.5(b)(3), 231-
                                                                                          6.6(b)(3), 231-
                                                                                          10.1(d), 231-
                                                                                          12.4(a)(1), 231-12.7,
                                                                                          and 231-13.5 Table 5
                                                                                          withdrawn by NYSDEC as
                                                                                          per July 28, 2016
                                                                                          NYSDEC letter to EPA
                                                                                          Region 2.
                                                                                         The PM2.5 Significant
                                                                                          Monitoring
                                                                                          Concentration (SMC) is
                                                                                          approved as 0 [micro]g/
                                                                                          m3 in 231-12.4(a)(1).
                                                                                         EPA approval finalized
                                                                                          at 81 FR 95049
Title 6, Part 232................  Dry Cleaning........         8/11/83         6/17/85    EPA has not
                                                                                          determined that Sec.
                                                                                          232.3(a) provides for
                                                                                          reasonably available
                                                                                          control technology.
                                                                                           EPA approval
                                                                                          finalized at 50 FR
                                                                                          25079.
Title 6, Part 233................  Pharmaceutical and            4/4/93        12/23/97    SIP revisions
                                    Cosmetic                                              submitted in
                                    Manufacturing                                         accordance with
                                    Processes.                                            Section 223.3(h)(1)
                                                                                          are effective only if
                                                                                          approved by EPA.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          67006.
Title 6, Part 234................  Graphic Arts........          7/8/10          3/8/12    SIP revisions
                                                                                          submitted in
                                                                                          accordance with Sec.
                                                                                          234.3(f) are effective
                                                                                          only if approved by
                                                                                          EPA.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          13974.
Title 6, Part 235................  Consumer Products...        10/15/09         5/28/10    EPA approval
                                                                                          finalized at 75 FR
                                                                                          29897.
Title 6, Part 236................  Synthetic Organic            1/12/92         7/27/93    Variances
                                    Chemical                                              adopted by the State
                                    Manufacturing                                         pursuant to Part
                                    Facility Component                                    236.6(e)(3) become
                                    Leaks.                                                applicable only if
                                                                                          approved by EPA as a
                                                                                          SIP revision.
                                                                                           EPA approval
                                                                                          finalized at 58 FR
                                                                                          40059.
Title 6, Part 239................  Portable Fuel                7/30/09         5/28/10    The specific
                                    Container Spillage                                    application of
                                    Control.                                              provisions associated
                                                                                          with alternate test
                                                                                          methods, variances and
                                                                                          innovative products,
                                                                                          must be submitted to
                                                                                          EPA as SIP revisions.
                                                                                           EPA approval
                                                                                          finalized at 75 FR
                                                                                          29897.

[[Page 582]]

 
Title 6, Part 240, Subpart 240-1.  Transportation               9/13/13         7/29/14    EPA approval
                                    Conformity,                                           finalized at 79 FR
                                    Transportation                                        43945.
                                    Conformity General
                                    Provisions.
Title 6, Part 240, Subpart 240-2.  Transportation               9/13/13         7/29/14    EPA approval
                                    Conformity,                                           finalized at 79 FR
                                    Consultation.                                         43945.
Title 6, Part 240, Subpart 240-3.  Transportation               9/13/13         7/29/14    EPA approval
                                    Conformity,                                           finalized at 79 FR
                                    Regional                                              43945.
                                    Transportation-
                                    Related Emissions
                                    and Enforceability.
Title 6, Part 241................  Asphalt Pavement and          1/1/11          3/8/12    EPA approval
                                    Asphalt Based                                         finalized at 77 FR
                                    Surface Coating.                                      13974.
Title 6, Part 243................  CAIR NOX Ozone              10/19/07         1/24/08    EPA approval
                                    Season Trading                                        finalized at 73 FR
                                    Program.                                              4112.
Title 6, Part 244................  CAIR NOX Annual             10/19/07         1/24/08    EPA approval
                                    Trading Program.                                      finalized at 73 FR
                                                                                          4112.
Title 6, Part 245................  CAIR SO2Trading             10/19/07         1/24/08    EPA approval
                                    Program.                                              finalized at 73 FR
                                                                                          4112.
Title 6, Part 249................  Best Available                5/6/10         8/28/12    EPA approval
                                    Retrofit Technology                                   finalized at 77 FR
                                    (BART).                                               51915.
Title 15, Part 79, Subparts 79.1-  Motor Vehicle               12/29/10         2/28/12    EPA approval
 79.15, 79.17, 79.20, 79.21,        Inspection                                            finalized at 77 FR
 79.24, 79.25.                      Regulations.                                          11742.
Title 19, Part 937...............  Access To Publicly           8/27/12         6/20/13    Only subpart
                                    Available Records.                                    937.1(a) is approved
                                                                                          into the SIP and is
                                                                                          for the limited
                                                                                          purpose of satisfying
                                                                                          Clean Air Act Section
                                                                                          128(a)(2).
                                                                                           EPA approval
                                                                                          finalized at 78 FR
                                                                                          37124.
Section 19-0325..................  Environmental                7/15/10         8/28/12    EPA approval
                                    Conservation Law,                                     finalized at 77 FR
                                    Sulfur reduction                                      51915.
                                    requirements.
Section 73-a.....................  Public Officers Law,         8/15/11         6/20/13    Only
                                    Financial                                             subsections 73-
                                    disclosure.                                           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).
                                                                                           EPA approval
                                                                                          finalized at 78 FR
                                                                                          37124.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State source-specific requirements.

                                EPA-Approved New York Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                                              State       EPA approval
          Name of source              Identifier No.     effective date       date               Comments
----------------------------------------------------------------------------------------------------------------
Dunlop Tire and Rubber             Consent Order 81-36,         8/19/81         1/26/84    Part 212 VOC
 Corporation.                       9-0420.                                               RACT Compliance Plan.
                                                                                           Green tire
                                                                                          spraying, bead
                                                                                          dipping, and under
                                                                                          tread and tread end
                                                                                          cementing processes.
                                                                                           EPA approval
                                                                                          finalized at 49 FR
                                                                                          3436.
Dunlop Tire and Rubber             Consent Order 81-36,         1/29/82         1/26/84    Part 212 VOC
 Corporation.                       9-0420, Amendment                                     RACT Compliance Plan.
                                    Letter 1.                                              Green tire
                                                                                          spraying, bead
                                                                                          dipping, and under
                                                                                          tread and tread end
                                                                                          cementing processes.
                                                                                           EPA approval
                                                                                          finalized at 49 FR
                                                                                          3436.
Dunlop Tire and Rubber             Consent Order 81-36,          3/3/82         1/26/84    Part 212 VOC
 Corporation.                       9-0420, Amendment                                     RACT Compliance Plan.
                                    Letter 2.                                              Green tire
                                                                                          spraying, bead
                                                                                          dipping, and under
                                                                                          tread and tread end
                                                                                          cementing processes.
                                                                                           EPA approval
                                                                                          finalized at 49 FR
                                                                                          3436.
Morton International Inc.........  A563203003500027C...          9/1/95         9/23/97    Part 227-2,
                                                                                          NOX RACT
                                                                                          determination.
                                                                                           Emission
                                                                                          point 00027.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          49617.
Morton International Inc.........  A563203003500027C,           8/23/95         9/23/97    Part 227-2,
                                    Special Conditions.                                   NOX RACT
                                                                                          determination.
                                                                                           Emission
                                                                                          point 00027.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          49617.

[[Page 583]]

 
University of Rochester..........  8-2614-00548/00006-0         4/25/96         9/23/97    Part 227-2,
                                                                                          NOX RACT
                                                                                          determination.
                                                                                           Emission
                                                                                          points 00003 and 0005.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          49617.
University of Rochester..........  8-2614-00548/00006-          3/19/96         9/23/97    Part 227-2,
                                    0, Special                                            NOX RACT
                                    Conditions.                                           determination.
                                                                                           Emission
                                                                                          points 00003 and 0005.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          49617.
Algonquin Gas Transmission         3-3928-1/9-0........         9/23/91         9/23/97    Part 227-2,
 Company.                                                                                 NOX RACT
                                                                                          determination.
                                                                                           Emission
                                                                                          Points R0100, R0200,
                                                                                          R0300, and R0400.
                                                                                           Permit and
                                                                                          Special Conditions.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          49617.
Algonquin Gas Transmission         3-3928, Special              3/18/96         9/23/97    Part 227-2,
 Company.                           Conditions.                                           NOX RACT
                                                                                          determination.
                                                                                           Emission
                                                                                          Points R0100, R0200,
                                                                                          R0300.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          49617.
Algonquin Gas Transmission         3-3928-00001/00013..         3/29/96         9/23/97    Part 227-2,
 Company.                                                                                 NOX RACT
                                                                                          determination.
                                                                                           Emission
                                                                                          Point R0400.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          49617.
Algonquin Gas Transmission         3-39228-00001/                8/8/96         9/23/97    Permit
 Company.                           00010,11,12,13.                                       Correction.
                                                                                           Part 227-2,
                                                                                          NOX RACT
                                                                                          determination.
                                                                                           Emission
                                                                                          Points R0100, R0200,
                                                                                          R0300, and R0400.
                                                                                           EPA approval
                                                                                          finalized at 62 FR
                                                                                          49617.
Tenneco Gas Corporation's (also    144000..............         8/22/95         7/21/03    Part 227-2,
 known as Tenneco Gas Pipeline                                                            NOX RACT
 Company and Tennessee Gas                                                                determination.
 Pipeline Company).                                                                        Compressor
                                                                                          Station 229.
                                                                                           Emission
                                                                                          Points 0001A through
                                                                                          0006A.
                                                                                           EPA approval
                                                                                          finalized at 68 FR
                                                                                          42981.
Tenneco Gas Corporation's (also    215600, Special              2/24/97         7/21/03    Part 227-2,
 known as Tenneco Gas Pipeline      Conditions.                                           NOX RACT
 Company and Tennessee Gas                                                                determination.
 Pipeline Company).                                                                        Compressor
                                                                                          Station 245.
                                                                                           Emission
                                                                                          Points 00001 through
                                                                                          00006.
                                                                                           EPA approval
                                                                                          finalized at 68 FR
                                                                                          42981.
Tenneco Gas Corporation's (also    102600..............         10/4/95         7/21/03    Part 227-2,
 known as Tenneco Gas Pipeline                                                            NOX RACT
 Company and Tennessee Gas                                                                determination.
 Pipeline Company).                                                                        Compressor
                                                                                          Station 254.
                                                                                           Emission
                                                                                          Points 00001 through
                                                                                          00006.
                                                                                           EPA approval
                                                                                          finalized at 68 FR
                                                                                          42981.
Tenneco Gas Corporation's (also    102600,Special               9/15/95         7/21/03    Part 227-2,
 known as Tenneco Gas Pipeline      Conditions.                                           NOX RACT
 Company and Tennessee Gas                                                                determination.
 Pipeline Company).                                                                        Compressor
                                                                                          Station 254.
                                                                                           Emission
                                                                                          Points 00001 through
                                                                                          00006.
                                                                                           EPA approval
                                                                                          finalized at 68 FR
                                                                                          42981.
General Chemical Corporation.....  7-3132-00009/00012..        12/16/97          7/1/04    Part 212, NOX
                                                                                          RACT determination. 6/
                                                                                          23/05 letter informing
                                                                                          NYSDEC that the
                                                                                          approval will
                                                                                          automatically convert
                                                                                          to a disapproval.
                                                                                           Emission
                                                                                          Points 0SN1A and
                                                                                          0SN1B.
                                                                                           EPA approval
                                                                                          finalized at 69 FR
                                                                                          39858.
ALCOA Massena Operations (West     6-4058-00003........         3/20/12         8/28/12    Part 249
 Plant).                                                                                  BART.
                                                                                           Emission
                                                                                          Points Potline S-
                                                                                          00001, Baking furnace
                                                                                          S-00002, Package
                                                                                          Boilers B-00001.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Arthur Kill Generating Station,    2-6403-00014........         3/20/12         8/28/12    Part 249
 NRG.                                                                                     BART.
                                                                                           Boiler 30.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Bowline Generating Station, GenOn  3-3922-00003........         6/28/12         8/28/12    Part 249
                                                                                          BART.
                                                                                           Boilers 1 and
                                                                                          2.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Con Edison 59th Street Station...  2-6202-00032........         3/20/12         8/28/12    Part 249
                                                                                          BART.
                                                                                           Steam Boilers
                                                                                          114 and 115.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
EF Barrett Power Station, NG.....  1-2820-00553........         3/27/12         8/28/12    Part 249
                                                                                          BART.
                                                                                           Boiler 2.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.

[[Page 584]]

 
International Paper Ticonderoga    5-1548-00008........         3/19/12         8/28/12    Part 249
 Mill.                                                                                    BART.
                                                                                           Power Boiler
                                                                                          and Recovery Furnace.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Kodak Operations at Eastman        8-2614-00205........         5/25/12         8/28/12    Part 249
 Business Park, Kodak.                                                                    BART.
                                                                                           Boilers 41,
                                                                                          42 and 43.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Lafarge Building Materials.......  4-0124-00001........         7/19/11         8/28/12    Condition 12-
                                                                                          14.
                                                                                           Kilns 1 and
                                                                                          2.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Lehigh Northeast Cement, Lehigh    5-5205-00013........          7/5/12         8/28/12    Part 220 and
 Cement.                                                                                  Part 249 BART.
                                                                                           Kiln and
                                                                                          Clinker cooler.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Northport Power Station, NG......  1-4726-00130........         3/27/12         8/28/12    Part 249
                                                                                          BART.
                                                                                           Boilers 1, 2,
                                                                                          3, and 4.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Oswego Harbor Power, NRG.........  7-3512-00030........         5/16/12         8/28/12    Part 249
                                                                                          BART.
                                                                                           Boilers 5 and
                                                                                          6.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Owens-Corning Insulating Systems   4-0122-00004........         5/18/12         8/28/12    Part 249
 Feura Bush, Owens Corning.                                                               BART.
                                                                                           EU2, EU3,
                                                                                          EU12, EU13, and EU14.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Ravenswood Generating Station, TC  2-6304-00024........          4/6/12         8/28/12    Part 249
                                                                                          BART.
                                                                                           Boilers 10,
                                                                                          20, 30.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Ravenswood Steam Plant, Con        2-6304-01378........         3/20/12        8/28/12,    Part 249
 Edison.                                                                                  BART.
                                                                                           Boiler 2.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Roseton Generating Station-Dynegy  3-3346-00075........        11/02/11         8/28/12    Excluding the
                                                                                          SO2 BART emissions
                                                                                          limits for Boilers 1
                                                                                          and 2 and
                                                                                          corresponding
                                                                                          monitoring,
                                                                                          recordkeeping, and
                                                                                          reporting
                                                                                          requirements, which
                                                                                          EPA disapproved.
                                                                                           Boilers 1 and
                                                                                          2.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Samuel A Carlson Generating        9-0608-00053........          2/8/12         8/28/12    Part 249
 Station, James town Board of                                                             BART.
 Public Utilities.                                                                         Boiler 12.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
Syracuse Energy Corporation [GDF   7-3132-00052........         5/24/12         8/28/12    Part 249
 Suez].                                                                                   BART.
                                                                                           Boiler 1.
                                                                                           EPA approval
                                                                                          finalized at 77 FR
                                                                                          51915.
----------------------------------------------------------------------------------------------------------------

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

                       EPA-Approved New York Nonregulatory And Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                   geographic or       New York
       Action/SIP element          nonattainment    submittal date      EPA approval date         Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
SIP revision for carbon          New York-Northern         8/30/99  4/19/00, 65 FR 20909.....
 monoxide concerning the          New Jersey-Long
 oxyfuel program.                 Island carbon
                                  monoxide
                                  nonattainment
                                  area.
Stage II gasoline vapor          Upstate portions          4/18/00  9/29/00, 65 FR 58364.....
 recovery comparability plan.     of New York
                                  State.
The 1990 base year emission      Areas designated           2/2/99  5/10/01, 66 FR 23851.....
 inventory (Volatile organic      nonattainment
 compounds (VOC), Nitrogen        for ozone since
 oxides (NOX) and Carbon          1991 in New York
 monoxide (CO)).                  State.
1996 and 1999 ozone projection   New York portion           2/2/99  5/10/01, 66 FR 23851.....
 year emission inventories.       of the New York-
                                  Northern New
                                  Jersey-Long
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.

[[Page 585]]

 
Photochemical assessment         New York portion           2/2/99  5/10/01, 66 FR 23851.....
 monitoring stations network.     of the New York-
                                  Northern New
                                  Jersey-Long
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
Enforceable commitments for      New York portion           2/2/99  5/10/01, 66 FR 23851.....
 ozone.                           of the New York-
                                  Northern New
                                  Jersey-Long
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
15 Percent Rate of Progress      New York portion           2/2/99  5/10/01, 66 FR 23851.....
 Plan and the 9 Percent           of the New York-
 Reasonable Further Progress      Northern New
 Plan for ozone.                  Jersey-Long
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
2002, 2005 and 2007 ozone        New York portion         11/27/98  2/4/02, 67 FR 5194.......
 projection year emission         of the New York-
 inventories.                     Northern New
                                  Jersey-Long
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
Reasonable Further Progress      New York portion         11/27/98  2/4/02, 67 FR 5194.......
 Plans for milestone years        of the New York-
 2002, 2005 and 2007 for ozone.   Northern New
                                  Jersey-Long
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
Contingency measures for ozone.  New York portion         11/27/98  2/4/02, 67 FR 5194.......
                                  of the New York-
                                  Northern New
                                  Jersey-Long
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
Reasonably Available Control     New York portion          10/1/01  2/4/02, 67 FR 5194.......
 Measure Analysis for ozone.      of the New York-
                                  Northern New
                                  Jersey-Long
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
Attainment demonstration for     New York portion        11/27/98,  2/4/02, 67 FR 5194.......
 ozone.                           of the New York-    supplemented
                                  Northern New         on 4/15/99,
                                  Jersey-Long          and 4/18/00
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
Enforceable commitments for      New York portion          4/18/00  2/4/02, 67 FR 5194.......
 future actions associated with   of the New York-
 attainment of the 1-hour ozone   Northern New
 national ambient air quality     Jersey-Long
 standard.                        Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
SIP revision to the carbon       Onondaga County..         6/22/04  9/8/05, 70 FR 53304......
 monoxide maintenance plan.
1990 and 2007 conformity         New York portion         1/29/03,  9/13/05, 70 FR 53944.....
 emission budgets for ozone.      of the New York-      amended on
                                  Northern New      6/29/03 and 1/
                                  Jersey-Long                18/05
                                  Island 1-hour
                                  ozone
                                  nonattainment
                                  area.
Revised commitment to perform a  New York portion          1/29/03  9/13/05, 70 FR 53944.....
 mid-course review for ozone.     of the New York-
                                  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 43069.....
 control technology (RACT)        the New York        supplemented
 analysis for ozone.              portion of the     on 2/8/08 and
                                  New York-                9/16/08
                                  Northern New
                                  Jersey-Long
                                  Island, NY-NJ-CT
                                  and the
                                  Poughkeepsie 8-
                                  hour ozone
                                  moderate
                                  nonattainment
                                  areas.

[[Page 586]]

 
Reasonably available control     New York portion           2/8/08  7/23/10, 75 FR 43069.....
 measure (RACM) analysis for      of the New York-
 ozone.                           Northern New
                                  Jersey-Long
                                  Island, NY-NJ-CT
                                  8-hour ozone
                                  moderate
                                  nonattainment
                                  area.
2002 base year emissions         New York portion         2/8/2008  August 18, 2011..........
 inventory;                       of the New York-    supplemented
2008 projection year emissions    Northern New       on 12/28/2009
 inventories;.                    Jersey-Long        and 1/26/2011
2008 motor vehicle emissions      Island 8-hour
 budgets used for planning        ozone
 purposes;.                       nonattainment
2008 ozone reasonable further     area.
 progress (RFP) plan; and.
2008 RFP Plan contingency
 measures..
2002 base year emissions         Poughkeepsie 8-          2/8/2008  August 18, 2011..........
 inventory.                       hour ozone          supplemented
                                  moderate           on 12/28/2009
                                  nonattainment      and 1/26/2011
                                  area.
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          Statewide........         3/15/00  8/28/12, 77 FR 51915.....  The plan is
 Regional Haze.                                                                                 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 51915.....
 Sulfur Content.
Regional Haze Plan--BART Permit  Statewide........         4/16/12  8/28/12, 77 FR 51915.....
 modifications.
Regional Haze Plan--BART Permit  Statewide........          7/2/12  8/28/12, 77 FR 51915.....
 modifications.
1997 8-hour Ozone--Attainment    New York portion         2/8/2008  2/11/13, 78 FR 9596......
 Demonstration.                   of the New York-
                                  Northern New
                                  Jersey-Long
                                  Island, NY-NJ-CT
                                  8-hour ozone
                                  moderate
                                  nonattainment
                                  area.
1997 8-hour Ozone--Attainment    Poughkeepsie 8-          2/8/2008  2/11/13, 78 FR 9596......
 Demonstration.                   hour ozone
                                  moderate
                                  nonattainment
                                  area.
Section 110(a)(2)                Statewide........  12/13/07, 10/2/ 6/20/13, 78 FR 37122.....  This action
 Infrastructure Requirements                           08, 3/15/10                              addresses the
 for the 1997 8-hour ozone and                                 and                              following CAA
 the 1997 and 2006 PM2.5 NAAQS.                       supplemented                              elements:
                                                        on 5/23/13                              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      6/27/13 and  4/18/14, 79 FR 21857.....
 and 2006 PM2.5 National          of the 1997 and     supplemented
 Ambient Air Quality Standards.   2006 New York-    on 9/18/13 and
 2007 attainment year emissions   Northern New             2/27/14
 inventory. 2009, 2017, and       Jersey-Long
 2025 motor vehicle emissions     Island, NY-NJ-
 budget.                          CT, PM2.5
                                  nonattainment
                                  area.

[[Page 587]]

 
Approval of CO maintenance       New York portion         05/09/13  5/30/14, 79 FR 31045.....  This is the 2nd
 plan, CO motor vehicle           of the New York-                                              10-year CO
 budgets, and 2007 CO base year   Northern New                                                  maintenance plan
 emissions inventory.             Jersey-Long                                                   for the New York
                                  Island (NYCMA)                                                portion of the
                                  CO area.                                                      NYCMA.
Section 110(a)(2)                Statewide........    5/08/13, and  9/12/14, 79 FR 54619.....  This action
 Infrastructure Requirements                          supplemented                              addresses the
 for the 2010 Primary Nitrogen                          on 5/23/13                              following CAA
 Dioxide NAAQS.                                                                                 elements:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C), (D),
                                                                                                (E), (F), (G),
                                                                                                (H), (J), (K),
                                                                                                (L), and (M).
Section 110(a)(2)                Statewide........   10/13/11, and  6/1/15, 80 FR 30940......  This action
 Infrastructure Requirements                          supplemented                              addresses the
 for the 2008 Primary Pb NAAQS.                         on 2/24/12                              following CAA
                                                                                                elements:
                                                                                                110(a)(2)(A),
                                                                                                (B), (D)(i)(I)
                                                                                                prongs 1 and 2,
                                                                                                D(i)(II) prong
                                                                                                4, (E), (F),
                                                                                                (G), (H), (K),
                                                                                                (L), and (M).
Limited off-street parking       New York County--        10/05/12  6/12/15, 80 FR 33425.....  Removing
 program.                         Central Business                                              reference to
                                  District.                                                     program from
                                                                                                SIP.
Section 110(a)(2)                Statewide........        4/4/2013  8/26/2016, 81 FR 58854...  This action
 Infrastructure Requirements                                                                    addresses the
 for the 2008 ozone NAAQS.                                                                      following CAA
                                                                                                element:
                                                                                                110(a)(2)(D(i)(I
                                                                                                I) prong 4.
Section 110(a)(2)                Statewide........        4/4/2013  12/27/2016, 81 FR 95049..  This action
 Infrastructure Requirements                                                                    addresses the
 for the 2008 ozone NAAQS.                                                                      following CAA
                                                                                                elements:
                                                                                                110(a)(2)(C),
                                                                                                (D)(i)(II) prong
                                                                                                3, and (J).
Section 110(a)(2)                Statewide........     10/13/2011,  12/27/2016, 81 FR 95049..  This action
 Infrastructure Requirements                                   and                              addresses the
 for the 2008 Pb NAAQS.                               supplemented                              following CAA
                                                      on 2/24/2012                              elements:
                                                                                                110(a)(2)(C),
                                                                                                (D)(i)(II) prong
                                                                                                3, and (J).
Section 110(a)(2)                Statewide........      10/03/2013  12/27/2016, 81 FR 95049..  This action
 Infrastructure Requirements                                                                    addresses the
 for the 2010 SO2 NAAQS.                                                                        following CAA
                                                                                                elements:
                                                                                                110(a)(2)(C),
                                                                                                (D)(i)(II) prong
                                                                                                3, and (J).
----------------------------------------------------------------------------------------------------------------


[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; 79 FR 43945, July 29, 2014; 79 FR 
54619, Sept. 12, 2014; 80 FR 30940, June 1, 2015; 80 FR 33425, June 12, 
2015; 81 FR 23169, Apr. 20, 2016; 81 FR 58854, Aug. 26, 2016; 81 FR 
95049, Dec. 27, 2016]



Sec. 52.1671  Classification of regions.

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

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


[[Page 588]]


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



Sec. 52.1672  Extensions.

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

[61 FR 56900, Nov. 5, 1996]



Sec. 52.1673  Approval status.

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

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



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

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

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1675  Control strategy and regulations: Sulfur oxides.

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

[[Page 589]]

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

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

[[Page 590]]

available control technology in the New York portion of the New Jersey-
New York-Connecticut Interstate Region.
    (b) Section 227.5(b) of 6 NYCRR, as submitted on August 10, 1979, is 
disapproved because it is inconsistent with 40 CFR Subpart G, Control 
strategy: Carbon monoxide, hydrocarbons, ozone, and nitrogen dioxide.

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



Sec. 52.1677  Compliance schedules.

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

[[Page 591]]

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

[[Page 592]]

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

[37 FR 19815, Sept. 22, 1972]

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

[[Page 593]]

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 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) Determination of attainment. The EPA has determined, as of June 
3, 2016, that based on 2012 to 2014 ambient air quality data, the 
Jamestown, NY 2008 ozone Marginal nonattainment area has attained the 
2008 ozone NAAQS. Therefore, the 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. 
The EPA also determined that the Jamestown, NY 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, as amended at 81 FR 26710, May 4, 2016]



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]

[[Page 594]]



Sec. 52.1681  Control strategy: Lead.

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

[49 FR 30939, Aug. 2, 1984]



Sec. 52.1682  Control strategy: Carbon monoxide.

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

[[Page 595]]

    (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.
    (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 June 3, 2016.
    (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

[[Page 596]]

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, 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

[[Page 597]]

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 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.
    (n) Rescission of clean data determination for the 1997 eight-hour 
ozone standard. Effective June 3, 2016, the EPA is determining that 
complete quality-assured and certified ozone monitoring data for 2012 to 
2014 show the New York-Northern New Jersey-Long Island, NY-NJ-CT 1997 
eight-hour ozone nonattainment area did not meet the 1997 eight-hour 
ozone standard. Therefore, the EPA is rescinding the clean data 
determination for the 1997 eight-hour ozone standard only. The prior 
determination (see paragraph (f)(2)(viii) of this section) is in 
accordance with 40 CFR 51.918. The prior determination suspended 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. This rescission of the clean 
data determination will result in a SIP Call for a new ozone 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 this area only. 
If the revised plan is approved by the EPA as demonstrating reasonable 
further progress and attainment for the more stringent 2008 NAAQS by the 
Moderate area attainment date, and is approved by the EPA as containing 
adequate contingency measures for the 2008 NAAQS, then the plan would be 
deemed to have also satisfied requirements of the SIP Call associated 
with violations for the 1997 NAAQS.
    (o) The portion of the SIP submitted on April 4, 2013 addressing 
Clean Air Act section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS is 
disapproved.

[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 CSAPR 
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 the SIP's deficiency that is the basis for

[[Page 598]]

the CSAPR Federal Implementation Plan under Sec. 52.38(a) for those 
sources and units, 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 CSAPR 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 CSAPR 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 CSAPR 
NOX Ozone Season Group 1 Trading Program in subpart BBBBB of 
part 97 of this chapter must comply with such requirements with regard 
to emissions occurring in 2015 and 2016.
    (2) 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 CSAPR NOX 
Ozone Season Group 2 Trading Program in subpart EEEEE of part 97 of this 
chapter must comply with such requirements with regard to emissions 
occurring in 2017 and each subsequent year. 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 the SIP's deficiency that is the basis for the CSAPR 
Federal Implementation Plan (FIP) under Sec. 52.38(b) for those sources 
and units, except to the extent the Administrator's approval is partial 
or conditional, provided that because the CSAPR FIP was promulgated as a 
partial rather than full remedy for an obligation of the State to 
address interstate air pollution, the SIP revision likewise will 
constitute a partial rather than full remedy for the State's obligation 
unless provided otherwise in the Administrator's approval of the SIP 
revision. 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.
    (3) Notwithstanding the provisions of paragraph (b)(2) of this 
section, if, at the time of the approval of New York's SIP revision 
described in paragraph (b)(2) of this section, the Administrator has 
already started recording any allocations of CSAPR NOX Ozone 
Season Group 2 allowances under subpart EEEEE of part 97 of this chapter 
to units in the State for a control period in any year, the provisions 
of subpart EEEEE of part 97 of this chapter authorizing the 
Administrator to complete the allocation and recordation of CSAPR 
NOX Ozone Season 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 48370, Aug. 8, 2011, as amended at 81 FR 74586, 74598, Oct. 26, 
2016]



Sec. 52.1685  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    (a) The owner and operator of each source and each unit located in 
the State of New York and Indian country within the borders of the State 
and for which requirements are set forth under the CSAPR 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

[[Page 599]]

approval by the Administrator of a revision to New York's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the CSAPR Federal Implementation Plan under Sec. 52.39 for 
those sources and units,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 CSAPR 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 CSAPR 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, as amended at 81 FR 74586, 74599, Oct. 26, 
2016]



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

    (2) These emission limitations shall apply at all times, including 
startups, shutdowns, emergencies, and malfunctions.

[[Page 600]]

    (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 of the shipment itself) including the sulfur content, 
moisture content, ash content, and heat content; and

[[Page 601]]

    (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 control equipment, in a 
manner consistent with good air pollution control practices for 
minimizing emissions.

[[Page 602]]

    (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 the New York State 
Department of Environmental Conservation.

[[Page 603]]

    (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 604]]

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 605]]

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 606]]

    (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 607]]

    (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 608]]

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 609]]

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 610]]

    (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 611]]

    (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 612]]

    (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 613]]

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 614]]

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 615]]

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 616]]

    (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 617]]

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 618]]

    (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. 
52.1689, 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 619]]



                                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 Dioxide........   9/1/2011  7/20/2015, 80 FR 42735..........
Sect .0403.........  Total Suspended          07/01/88  01/16/90, 55 FR 1419............
                      Particulates.
Sect .0404.........  Carbon Monoxide.......   10/01/89  3/12/90, 55 FR 9125.............
Sect .0405.........  Ozone.................   1/1/2010  5/16/2013, 78 FR 28749..........
Sect .0407.........  Nitrogen Dioxide......   9/1/2011  7/20/2015, 80 FR 42735..........
Sect .0408.........  Lead..................   1/1/2010  5/16/2013, 78 FR 28749..........
Sect .0409.........  Particulate Matter....   1/1/2010  6/30/2014, 79 FR 36657..........
Sect .0410.........  PM2.5 Particulate        9/1/2015  7/14/16, 81 FR 45422............
                      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.
Sect .0514.........  Particulates from        03/20/98  11/10/99, 64 FR 61213...........
                      Ferrous Jobbing
                      Foundries.

[[Page 620]]

 
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            9/1/2013  ................................  Disapproved the
                      Significant                                                          portions of
                      Deterioration.                                                       paragraphs 15A NCAC
                                                                                           02D .0530(e), (q),
                                                                                           and (v) that pertain
                                                                                           to PM2.5 increments.
Sect .0531.........  Sources in               9/1/2013  9/14/2016, 81 FR 63111..........
                      Nonattainment Areas.
Sect .0532.........  Sources Contributing     07/01/94  02/01/96, 61 FR 3584............
                      to an Ambient
                      Violation.
Sect .0533.........  Stack Height..........   07/01/94  02/01/96, 61 FR 3584............
Sect .0535.........  Excess Emissions         07/01/96  08/01/97, 62 FR 41277...........
                      Reporting and
                      Malfunctions.
Sect .0536.........  Particulate Emissions    08/01/91  02/14/96, 61 FR 5689............
                      from Electric Utility
                      Boilers.
Sect .0540.........  Particulates from        03/20/98  11/10/99, 64 FR 61213...........
                      Fugitive Non-process
                      Dust Emission Sources.
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.

[[Page 621]]

 
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.
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.

[[Page 622]]

 
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.
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.........   1/1/2014  4/10/2017 82 FR 17145...........  Paragraph (a)(3) of
                                                                                           Section .1002 is
                                                                                           hereby rescinded as
                                                                                           this paragraph is
                                                                                           inconsistent with the
                                                                                           limits on the waiver
                                                                                           of sovereign immunity
                                                                                           established in
                                                                                           section 118(a) of the
                                                                                           CAA.
Sect .1003.........  Definitions...........   2/1/2014  2/5/2015........................
                                                        80 FR 6457......................
Sect .1004.........  Tailpipe Emission       7/11/2007  2/5/2015........................  Repealed.
                      Standards for CO and              80 FR 6457......................
                      HC.
Sect .1005.........  On-Board Diagnostic      1/1/2014  2/5/2015........................
                      Standards.                        80 FR 6457......................
----------------------------------------------------------------------------------------------------------------

[[Page 623]]

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

[[Page 624]]

 
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.
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.

[[Page 625]]

 
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.
Sect. .0104........  Authority of Director    06/14/90  05/02/91, 56 FR 20140...........
                      to Establish
                      Administrative
                      Procedures.
Sect. .0105........  Fees for Inspections,    06/14/90  05/02/91, 56 FR 20140...........
                      Permits, and
                      Certificates Required
                      by Chapter.
Sect. .0106........  Penalties for            01/17/97  02/17/00, 65 FR 8053............
                      Violation of Chapter.
Sect. .0107........  Civil Relief for         06/14/90  05/02/91, 56 FR 20140...........
                      Violations of Chapter.
Sect. .0108........  Chapter Does Not         06/14/90  05/02/91, 56 FR 20140...........
                      Prohibit Private
                      Actions For Relief.
Sect. .0109........  Judicial Review of       06/14/90  05/02/91, 56 FR 20140...........
                      Administrative
                      Decisions Rendered
                      Under Chapter.
Sect. .0111........  Copies of Referenced     06/14/90  05/02/91, 56 FR 20140...........
                      Federal Regulations.
----------------------------------------------------------------------------------------------------------------

[[Page 626]]

 
                                          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.
----------------------------------------------------------------------------------------------------------------
                                     Section .0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Purpose...............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0302........  Episode Criteria......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0303........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plans.
Sect. .0304........  Preplanned Abatement     06/14/90  05/02/91, 56 FR 20140...........
                      Program.
Sect. .0305........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plan: Alert Level.
Sect. .0306........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plan: Warning Level.
Sect. .0307........  Emission Reduction       06/14/90  05/02/91, 56 FR 20140...........
                      Plan: Emergency Level.
----------------------------------------------------------------------------------------------------------------
                                   Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0401........  Purpose...............   06/14/90  05/02/91, 56 FR 20140...........

[[Page 627]]

 
Sect. .0402........  Sulfur Oxides.........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0403........  Total Suspended          06/14/90  05/02/91, 56 FR 20140...........
                      Particulates.
Sect. .0404........  Carbon Monoxide.......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0405........  Ozone.................   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0407........  Nitrogen Dioxide......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0408........  Lead..................   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0409........  PM 10 Particulate        06/14/90  05/02/91, 56 FR 20140...........
                      Matter.
Sect. .0410........  PM 2.5 Particulate       05/24/99  10/22/02, 67 FR 64994...........
                      Matter.
----------------------------------------------------------------------------------------------------------------
                                    Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0501........  Compliance With          05/24/99  10/22/02, 67 FR 64994...........
                      Emission Control
                      Standards.
Sect. .0502........  Purpose...............   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0503........  Particulates From Fuel   05/24/99  10/22/02, 67 FR 64994...........
                      Burning Indirect Heat
                      Exchangers.
Sect. .0504........  Particulates from Wood   07/22/02  9/16/03, 68 FR 54166............  Repealed.
                      Burning Indirect Heat
                      Exchangers.
Sect. .0506........  Particulates from Hot     11/6/98  02/17/00, 65 FR 8053............
                      Mix Asphalt Plants.
Sect. .0507........  Particulates from         11/6/98  02/17/00, 65 FR 20140...........
                      Chemical Fertilizer
                      Manufacturing Plants.
Sect. .0508........  Particulates from Pulp    11/6/98  2/17/00, 65 FR 8053.............
                      and Paper Mills.
Sect. .0509........  Particulates from MICA    11/6/98  2/17/00, 65 FR 8053.............
                      or FELDSPAR
                      Processing Plants.
Sect. .0510........  Particulates from         11/6/98  2/17/00, 65 FR 8053.............
                      Sand, Gravel, or
                      Crushed Stone
                      Operations.
Sect. .0511........  Particulates from         11/6/98  2/17/00, 65 FR 8053.............
                      Lightweight Aggregate
                      Processes.
Sect. .0512........  Particulates from Wood    11/6/98  2/17/00, 65 FR 8053.............
                      Products Finishing
                      Plants.
Sect. .0513........  Particulates From        06/14/90  05/02/91, 56 FR 20140...........
                      Portland Cement
                      Plants.
Sect. .0514........  Particulates From        06/14/90  05/02/91, 56 FR 20140...........
                      Ferrous Jobbing
                      Foundries.
Sect. .0515........  Particulates from         11/6/98  2/17/00, 65 FR 8053.............
                      Miscellaneous
                      Industrial Processes.
Sect. .0516........  Sulfur Dioxide            11/6/98  2/17/00, 65 FR 8053.............
                      Emissions from
                      Combustion Sources.
Sect. .0517........  Emissions from Plants     11/6/98  2/17/00, 65 FR 8053.............
                      Producing Sulfuric
                      Acid.
Sect. .0519........  Control of Nitrogen      06/14/90  05/02/91, 56 FR 20140...........
                      Dioxide and Nitrogen
                      Oxides Emissions.
Sect. .0521........  Control of Visible        11/6/98  2/17/00, 65 FR 8053.............
                      Emissions.
Sect. .0522........  Control and              06/14/90  05/02/91, 56 FR 20140...........
                      Prohibition of
                      Odorous Emissions.
Sect. .0524........  New Source Performance   06/14/90  05/02/91, 56 FR 20140...........
                      Standards.
Sect. .0527........  Emissions from           06/14/90  05/02/91, 56 FR 20140...........
                      Spodumene Ore
                      Roasting.
Sect. .0528........  Total Reduced Sulfur     06/14/90  05/02/91, 56 FR 20140...........
                      from Kraft Pulp Mills.
Sect. .0529........  Fluoride Emissions       06/14/90  05/02/91, 56 FR 20140...........
                      from Primary
                      Aluminum24 Reduction
                      Plants.
Sect. .0530........  Prevention of            10/10/97  12/31/98 63 FR 72190............
                      Significant
                      Deterioration.
Sect. .0531........  Sources in                11/6/98  2/17/00 65 FR 8053..............
                      Nonattainment Areas.
Sect. .0532........  Sources Contributing     06/14/90  05/02/91, 56 FR 20140...........
                      to an Ambient
                      Violation.
Sect. .0533........  Stack Heights.........     06/14/  05/02/91, 56 FR 20140...........
                                                  1990
Sect. .0534........  Fluoride Emissions       06/14/90  05/02/91, 56 FR 20140...........
                      From Phosphate
                      Fertilizer Industry.
Sect. .0535........  Excess Emissions          11/6/98  2/17/00 65 FR 8053..............
                      Reporting and
                      Malfunctions.
Sect. .0536........  Particulate Emissions    06/14/90  05/02/91, 56 FR 20140...........
                      From Electric Utility
                      Boilers.
Sect. .0537........  Control of Mercury       06/14/90  05/02/91, 56 FR 20140...........
                      Emissions.
Sect. .0538........  Control of Ethylene      06/14/90  05/02/91, 56 FR 20140...........
                      Oxide Emissions.

[[Page 628]]

 
Sect. .0539........  Odor Control of Feed     06/14/90  05/02/91, 56 FR 20140...........
                      Ingredient
                      Manufacturing Plants.
Sect. .0540........  Particulates from        06/14/90  05/02/91, 56 FR 20140...........
                      Fugitive Non-Process
                      Dust Emission Sources.
Sect. .0541........  Control of Emissions     06/14/90  05/02/91, 56 FR 20140...........
                      from Abrasive
                      Blasting.
Sect. .0542........  Control of Particulate   06/14/90  05/02/91, 56 FR 20140...........
                      Emissions from Cotton
                      Ginning Operations.
Sect. .0542........  Control of Particulate    7/22/02  9/16/03, 68 FR 54166............  Repealed.
                      Emissions from Cotton
                      Ginning Operations.
----------------------------------------------------------------------------------------------------------------
                               Section .0600 Monitoring: Recordkeeping: Reporting
----------------------------------------------------------------------------------------------------------------
Sect. .0601........  Purpose and Scope.....   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0602........  Definitions...........   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0604........  Exceptions to            05/24/99  10/22/02, 67 FR 64994...........
                      Monitoring and
                      Reporting
                      Requirements.
Sect. .0605........  General Recordkeeping    05/24/99  10/22/02, 67 FR 64994...........
                      and Reporting
                      Requirements.
Sect. .0606........  Sources Covered By       05/24/99  10/22/02, 67 FR 64994...........
                      Appendix P of 40 CFR
                      Part 51.
Sect. .0607........  Large Wood and Wood-     05/24/99  10/22/02, 67 FR 64994...........
                      fossil Fuel
                      Combination Units.
Sect. .0611........  Monitoring Emissions     05/24/99  10/22/02, 67 FR 64994...........
                      From Other Sources.
Sect. .0612........  Alternative Monitoring   05/24/99  10/22/02, 67 FR 64994...........
                      and Reporting
                      Procedures.
Sect. .0613........  Quality Assurance        05/24/99  10/22/02, 67 FR 64994...........
                      Program.
Sect. .0614........  Compliance Assurance     05/24/99  10/22/02, 67 FR 64994...........
                      Monitoring.
Sect. .0615........  Delegation............   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                                     Section .0800 Transportation Facilities
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   06/14/90  05/02/91 56 FR 20140............
Sect. .0802........  Definitions...........   06/14/00  05/02/91, 56 FR 20140...........
Sect. .0803........  Highway Projects......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0804........  Airport Facilities....   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0805........  Parking Facilities....   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0806........  Ambient Monitoring and   06/14/90  05/02/91, 56 FR 20140...........
                      Modeling Analysis.
----------------------------------------------------------------------------------------------------------------
                                    Section .0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Sect. .0901........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0902........  Applicability.........   10/10/97  12/31/98, 63 FR 72190...........
Sect. .0903........  Recordkeeping:           05/24/99  10/22/02, 67 FR 64994...........
                      Reporting: Monitoring.
Sect. .0906........  Circumvention.........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0909........  Compliance Schedules      11/6/98  2/17/00, 65 FR 8053.............
                      for Sources in New
                      Nonattainment Areas.
Sect. .0912........  General Provisions on    06/14/90  05/02/91, 56 FR 20140...........
                      Test Methods and
                      Procedures.
Sect. .0913........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Volatile Content of
                      Surface Coatings.
Sect. .0914........  Determination of VC       11/6/98  2/17/00, 65 FR 8053.............
                      Emission Control
                      System Efficiency.
Sect. .0915........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Solvent Metal
                      Cleaning VOC
                      Emissions.
Sect. .0916........  Determination: VOC       06/14/90  05/02/91, 56 FR 20140...........
                      Emissions from Bulk
                      Gasoline Terminals.
Sect. .0917........  Automobile and Light-    06/14/90  05/02/91, 56 FR 20140...........
                      Duty Truck
                      Manufacturing.
Sect. .0918........  Can Coating...........     06/14/  05/02/91, 56 FR 20140...........
                                                  1990
Sect. .0919........  Coil Coating..........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0920........  Paper Coating.........   06/14/90  05/02/91, 56 FR 20140...........

[[Page 629]]

 
Sect. .0921........  Fabric and Vinyl         06/14/90  05/02/91, 56 FR 20140...........
                      Coating.
Sect. .0922........  Metal Furniture          06/14/90  05/02/91, 56 FR 20140...........
                      Coating.
Sect. .0923........  Surface Coating of       06/14/90  05/02/91, 56 FR 20140...........
                      Large Appliances.
Sect. .0924........  Magnet Wire Coating...   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0925........  Petroleum Liquid         06/14/90  05/02/91, 56 FR 20140...........
                      Storage in Fixed Roof
                      Tanks.
Sect. .0926........  Bulk Gasoline Plants..   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0927........  Bulk Gasoline             7/22/02  9/16/03, 68 FR 54166............
                      Terminals.
Sect. .0928........  Gasoline Service         06/14/90  05/02/91, 56 FR 20140...........
                      Stations Stage I.
Sect. .0930........  Solvent Metal Cleaning   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0931........  Cutback Asphalt.......   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0932........  Gasoline Truck Tanks      7/22/02  9/16/03, 68 FR 54166............
                      and Vapor Collection
                      Systems.
Sect. .0933........  Petroleum Liquid         06/14/90  05/02/91, 56 FR 20140...........
                      Storage in External
                      Floating Roof Tanks.
Sect. .0934........  Coating of               06/14/90  05/02/91, 56 FR 20140...........
                      Miscellaneous Metal
                      Parts and Products.
Sect. .0935........  Factory Surface          06/14/90  05/02/91, 56 FR 20140...........
                      Coating of Flat Wood
                      Paneling.
Sect. .0936........  Graphic Arts..........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0937........  Manufacture of           06/14/90  05/02/91, 56 FR 20140...........
                      Pneumatic Rubber
                      Tires.
Sect. .0939........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Volatile Organic
                      Compound Emissions.
Sect. .0940........  Determination of Leak    06/14/90  05/02/91, 56 FR 20140...........
                      Tightness and Vapor
                      Leaks.
Sect. .0941........  Alternative Method for   06/14/90  05/02/91, 56 FR 20140...........
                      Leak Tightness.
Sect. .0942........  Determination of         06/14/90  05/02/91, 56 FR 20140...........
                      Solvent in Filter
                      Waste.
Sect. .0943........  Synthetic Organic        06/14/90  05/02/91, 56 FR 20140...........
                      Chemical and Polymer
                      Manufacturing.
Sect. .0944........  Manufacture of           06/14/90  05/02/91, 56 FR 20140...........
                      Polyethelene,
                      Polypropylene and
                      Polystyrene.
Sect. .0945........  Petroleum Dry Cleaning   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0947........  Manufacture of           06/14/90  05/02/91, 56 FR 20140...........
                      Sythesized
                      Pharmaceutical
                      Products.
Sect. .0948........  VOC Emissions from       06/14/90  05/02/91, 56 FR 20140...........
                      Transfer Operations.
Sect. .0949........  Storage of               06/14/90  05/02/91, 56 FR 20140...........
                      Miscellaneous
                      Volatile Organic
                      Compounds.
Sect. .0951........  Miscellaneous Volatile   06/14/90  05/02/91, 56 FR 20140...........
                      Organic Compound
                      Emissions.
Sect. .0952........  Petition for             11/29/95  5/23/96, 61 FR 25789............
                      Alternative Controls.
Sect. .0953........  Vapor Return Piping       11/6/98  2/17/00, 65 FR 8053.............
                      for Stage II Vapor
                      Recovery.
Sect. .0954........  Stage II Vapor           10/10/97  12/31/98, 63 FR 72190...........
                      Recovery.
Sect. .0955........  Thread Bonding           11/29/95  5/23/96, 61 FR 25789............
                      Manufacturing.
Sect. .0956........  Glass Christmas          11/29/95  5/23/96, 61 FR 25789............
                      Ornament
                      Manufacturing.
Sect. .0957........  Commercial Bakeries...   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0958........  Work Practices for       06/14/90  05/02/91, 56 FR 20140...........
                      Sources of Volatile
                      Organic Compounds.
----------------------------------------------------------------------------------------------------------------
                           Section .1200 Control of Emissions from Incinerators 111(a)
----------------------------------------------------------------------------------------------------------------
Sect. .1201........  Purpose and Scope.....   06/14/90  05/02/91, 56 FR 20140...........
Sect. .1202........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
                                           Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect. .1901........  Purpose, Scope, and      07/01/96  08/01/97, 62 FR 41277...........
                      Impermissible Open
                      Burning.
Sect. .1902........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .1903........  Permissible Open         10/25/99  08/08/02, 67 FR 51763...........
                      Burning.
Sect. .1904........  Air Curtain Burners...   06/14/90  05/02/91, 56 FR 20140...........
Sect. .1905........  Office Location.......   06/14/90  05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------

[[Page 630]]

 
                                        Subchapter 3Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
                                        Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Sect. .0101........  Required Air Quality      11/6/98  2/17/00, 65 FR 8053.............
                      Permits.
Sect. .0102........  Activities Exempted       7/22/02  9/16/03, 68 FR 54166............
                      From Permit
                      Requirements.
Sect. .0103........  Definitions...........   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0104........  Where to Obtain and      10/10/97  12/31/98, 63 FR 72190...........
                      File Permit
                      Applications.
Sect. .0107........  Confidential             05/24/99  10/22/02, 67 FR 64994...........
                      Information.
----------------------------------------------------------------------------------------------------------------
                                            Section .0200 Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect. .0207........  Annual Emissions          11/6/98  2/17/00, 65 FR 8053.............
                      Reporting.
----------------------------------------------------------------------------------------------------------------
                                 Section .0300 Construction and Operation Permit
----------------------------------------------------------------------------------------------------------------
Sect. .0301........  Applicability.........    11/6/98  2/17/00, 65 FR 8053.............
Sect. .0302........  Facilities Not Likely     11/6/98  2/17/00, 65 FR 8053.............
                      to Contravene
                      Demonstration.
Sect. .0303........  Definitions...........   06/14/90  05/02/91, 56 FR 20140...........
Sect. .0304........  Applications..........   07/01/99  10/22/02, 67 FR 64994...........
Sect. .0305........  Application Submittal    06/14/90  05/02/91, 56 FR 20140...........
                      Content.
Sect. .0306........  Permits Requiring        07/01/99  10/22/02, 67 FR 64994...........
                      Public Participation.
Sect. .0307........  Public Participation     10/10/97  12/31/98, 63 FR 72190...........
                      Procedures.
Sect. .0308........  Final Action on Permit   03/14/95  02/01/96, 61 FR 3586............
                      Applications.
Sect. .0309........  Termination,             07/01/99  10/22/02, 67 FR 64994...........
                      Modification and
                      Revocation of Permits.
Sect. .0310........  Permitting of Numerous   06/14/90  05/02/91,56 FR 20140............
                      Similar Facilities.
Sect. .0311........  Permitting of            06/14/90  05/02/91, 56 FR 20140...........
                      Facilities at
                      Multiple Temporary
                      Site.
Sect. .0312........  Application Processing    11/6/98  2/17/00, 65 FR 8053.............
                      Schedule.
Sect. .0314........  General Permit           05/24/99  10/22/02, 67 FR 64994...........
                      Requirements.
Sect. .0315........  Synthetic Minor          07/01/99  10/22/02, 67 FR 64994...........
                      Facilities.
----------------------------------------------------------------------------------------------------------------
                                        Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect. .0801........  Purpose and Scope.....   05/24/99  10/22/02, 67 FR 64994...........
Sect. .0802........  Gasoline Service         06/14/90  05/02/91, 56 FR 20140...........
                      Stations and
                      Dispensing Facilities.
Sect. .0803........  Coating, Solvent         05/24/99  12/31/98, 63 FR 72193...........
                      Cleaning, Graphic
                      Arts Operations.
Sect. .0804........  Dry Cleaning             06/14/90  05/02/91, 56 FR 20140...........
                      Facilities.
Sect. .0805........  Grain Elevators.......    11/6/98  02/17/00, 65 FR 8093............
Sect. .0806........  Cotton Gins...........    11/6/98  02/17/00, 65 FR 8093............
Sect. .0807........  Emergency Generators..    11/6/98  02/17/00, 65 FR 8093............
Sect. .0808........  Peak Shaving             07/01/99  10/22/02, 67 FR 64990...........
                      Generators.
----------------------------------------------------------------------------------------------------------------


                              Table 3--EPA Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
                                                State
   State citation         Title/subject       effective          EPA approval date                Comments
                                                 date
----------------------------------------------------------------------------------------------------------------
  Article 1.000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
                                    Sources, Title V and Toxic Air Pollutants
----------------------------------------------------------------------------------------------------------------
                              Section 1.5100 General Provisions and Administrations
----------------------------------------------------------------------------------------------------------------
1.5101.............  Declaration of Policy.   06/14/1990  05/02/91, 56 FR 20140..........
1.5102.............  Definition of Terms...   11/21/2000  10/22/02, 67 FR 64999..........
1.5103.............  Enforcement Agency....   06/14/1990  05/02/91, 56 FR 20140..........
1.5104.............  General Duties and       06/14/1990  05/02/91, 56 FR 20140..........
                      Powers of the
                      Director, With the
                      Approval of the Board.

[[Page 631]]

 
1.5111.............  General Recordkeeping,     07/01/96  06/30/03, 68 FR 38632..........
                      Reporting and
                      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 38632..........
                      Issuance of Permit.
1.5214.............  Commencement of            07/01/96  06/30/03, 68 FR 38632..........
                      Operation.
1.5215.............  Application Processing     07/01/96  06/30/03, 68 FR 38632..........
                      Schedule.
1.5216.............  Incorporated By          06/06/1994  07/28/95, 60 FR 38715..........
                      Reference.
1.5217.............  Confidential             06/14/1990  05/02/91, 56 FR 20140..........
                      Information.
1.5218.............  Compliance Schedule      06/14/1990  05/02/91, 56 FR 20140..........
                      for Previously
                      Exempted Activities.
1.5219.............  Retention of Permit at   06/06/1994  07/28/95, 60 FR 38715..........
                      Permitted Facility.
1.5220.............  Applicability            06/14/1990  05/02/91, 56 FR 20140..........
                      Determinations.
1.5221.............  Permitting of Numerous   06/06/1994  07/28/95, 60 FR 38715..........
                      Similar Facilities.
1.5222.............  Permitting of            06/06/1994  07/28/95, 60 FR 38715..........
                      Facilities at
                      Multiple Temporary
                      Sites.
1.5230.............  Permitting Rules and     06/14/1990  05/02/91, 56 FR 20140..........
                      Procedures.
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 38632..........
                      and Enforcement of
                      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 20140..........
                      Processing Schedule.
----------------------------------------------------------------------------------------------------------------
                             Section 1.5300 Enforcement; Variances; Judicial Review
----------------------------------------------------------------------------------------------------------------
1.5301.............  Special Enforcement      06/14/1990  05/02/91, 56 FR 20140..........
                      Procedures.
1.5302.............  Criminal Penalties....   06/14/1990  05/02/91, 56 FR 20140..........
1.5303.............  Civil Injunction......   06/14/1990  05/02/91, 56 FR 20140..........
1.5304.............  Civil Penalties.......   06/14/1990  05/02/91, 56 FR 20140..........
1.5305.............  Variances.............     07/01/96  06/30/03, 68 FR 38632..........
1.5306.............  Hearings..............     07/01/96  06/30/03, 68 FR 38632..........
1.5307.............  Judicial Review.......   06/14/1990  05/02/91, 56 FR 20140..........
----------------------------------------------------------------------------------------------------------------
                                Section 1.5600 Transportation Facility Procedures
----------------------------------------------------------------------------------------------------------------
1.5604.............  Public Participation..     07/01/96  06/30/03, 68 FR 38632..........
1.5607.............  Application Processing     07/01/96  06/30/03, 68 FR 38632..........
                      Schedule.
----------------------------------------------------------------------------------------------------------------
                         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 20140..........
                      Reference.
----------------------------------------------------------------------------------------------------------------
                                      Section 2.0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
2.0201.............  Classification of Air    06/14/1990  05/02/91, 56 FR 20140..........
                      Pollution Sources.
2.0202.............  Registration of Air      06/14/1990  05/02/91, 56 FR 20140..........
                      Pollution Sources.
----------------------------------------------------------------------------------------------------------------
                                    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       06/14/1990  05/02/91, 56 FR 20140..........
                      Plans.
2.0304.............  Preplanned Abatement     06/14/1990  05/02/91, 56 FR 20140..........
                      Program.

[[Page 632]]

 
2.0305.............  Emission Reduction       06/14/1990  05/02/91, 56 FR 20140..........
                      Plan: Alert Level.
2.0306.............  Emission Reduction       06/14/1990  05/02/91, 56 FR 20140..........
                      Plan: Warning Level.
2.0307.............  Emission Reduction       06/14/1990  05/02/91, 56 FR 20140..........
                      Plan: Emergency Level.
----------------------------------------------------------------------------------------------------------------
                                  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 20140..........
                      Particulates.
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         06/14/1990  05/02/91, 56 FR 20140..........
                      Matter.
----------------------------------------------------------------------------------------------------------------
                                    Section 2.0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
2.0501.............  Compliance With          06/14/1990  05/02/91, 56 FR 20140..........
                      Emission Control
                      Standards.
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 20140..........
                      Burning Indirect Heat
                      Exchangers.
2.0504.............  Particulates from Wood   06/14/1990  05/02/91, 56 FR 20140..........
                      Burning Indirect Heat
                      Exchangers.
2.0506.............  Particulates from Hot    06/14/1990  05/02/91, 56 FR 20140..........
                      Mix Asphalt Plants.
2.0507.............  Particulates from        06/14/1990  05/02/91, 56 FR 20140..........
                      Chemical Fertilizer
                      Manufacturing Plants.
2.0508.............  Particulates from Pulp   06/14/1990  05/02/91, 56 FR 20140..........
                      and Paper Mills.
2.0509.............  Particulates from Mica   06/14/1990  05/02/91, 56 FR 20140..........
                      or Feldspar
                      Processing Plants.
2.0510.............  Particulates from        06/14/1990  05/02/91, 56 FR 20140..........
                      Sand, Gravel, or
                      Crushed Stone
                      Operations.
2.0511.............  Particulates from        06/14/1990  05/02/91, 56 FR 20140..........
                      Lightweight Aggregate
                      Processes.
2.0512.............  Particulates from Wood   06/14/1990  05/02/91, 56 FR 20140..........
                      Products Finishing
                      Plants.
2.0513.............  Particulates from        06/14/1990  05/02/91, 56 FR 20140..........
                      Portland Cement
                      Plants.
2.0514.............  Particulates from        06/14/1990  05/02/91, 56 FR 20140..........
                      Ferrous Jobbing
                      Foundries.
2.0515.............  Particulates from        06/14/1990  05/02/91, 56 FR 20140..........
                      Miscellaneous
                      Industrial Processes.
2.0516.............  Sulfur Dioxide           06/14/1990  05/02/91, 56 FR 20140..........
                      Emissions from
                      Combustion Sources.
2.0517.............  Emissions From Plants    06/14/1990  05/02/91, 56 FR 20140..........
                      Producing Sulfuric
                      Acid.
2.0518.............  Miscellaneous Volatile   11/21/2000  10/22/02, 67 FR 64999..........
                      Organic Compound
                      Emissions.
2.0519.............  Control of Nitrogen      06/14/1990  05/02/91, 56 FR 20140..........
                      Dioxide and Nitrogen
                      Oxides Emissions.
2.0523.............  Control of Conical       11/21/2000  10/22/02, 67 FR 64999..........
                      Incinerators.
2.0527.............  Emissions from           06/14/1990  05/02/91, 56 FR 20140..........
                      Spodumene Ore
                      Roasting.
2.0530.............  Prevention of            06/14/1990  05/02/91, 56 FR 20140..........
                      Significant
                      Deterioration.
2.0531.............  Sources in               06/14/1990  05/02/91, 56 FR 20140..........
                      Nonattainment Areas.
2.0532.............  Sources Contributing     06/14/1990  05/02/91, 56 FR 20140..........
                      to an Ambient
                      Violation.
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 20140..........
                      Reporting and
                      Malfunctions.
2.0538.............  Control of Ethylene      06/14/1990  05/02/91, 56 FR 20140..........
                      Oxide Emissions.
2.0539.............  Odor Control of Feed     06/14/1990  05/02/91, 56 FR 20140..........
                      Ingredient
                      Manufacturing Plants.
----------------------------------------------------------------------------------------------------------------

[[Page 633]]

 
                               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            06/14/1990  05/02/91, 56 FR 20140..........
                      Monitoring and
                      Reporting
                      Requirements.
2.0605.............  General Recordkeeping    06/14/1990  05/02/91, 56 FR 20140..........
                      and Reporting
                      Requirements.
2.0606.............  Sources Covered by       06/14/1991  05/02/91, 56 FR 20140..........
                      Appendix P of 40 CFR
                      Part 51.
2.0607.............  Large Wood and Wood-     06/14/1990  05/02/91, 56 FR 20140..........
                      Fossil Fuel
                      Combination Units.
2.0608.............  Other Large Coal or      06/14/1990  05/02/91, 56 FR 20140..........
                      Residual Oil Burners.
2.0610.............  Delegation Federal       11/21/2000  10/22/02, 67 FR 64999..........
                      Monitoring
                      Requirements.
2.0611.............  Monitoring Emissions     06/14/1990  05/02/91, 56 FR 20140..........
                      From Other Sources.
2.0612.............  Alternative Monitoring   06/14/1990  05/02/91, 56 FR 20140..........
                      and Reporting
                      Procedures.
2.0613.............  Quality Assurance        06/14/1990  05/02/91, 56 FR 20140..........
                      Program.
2.0614.............  Compliance Assurance     06/14/1990  05/02/91, 56 FR 20140..........
                      Monitoring.
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 32362..........
                      Reporting: Monitoring.
2.0906.............  Circumvention.........   06/14/1990  05/02/91, 56 FR 20140..........
2.0907.............  Equipment Installation   06/14/1990  05/02/91, 56 FR 20140..........
                      Compliance Schedule.
2.0909.............  Compliance Schedules     06/14/1990  05/02/91, 56 FR 20140..........
                      for Sources In New
                      Nonattainment Areas.
2.0910.............  Alternate Compliance     06/14/1990  05/02/91, 56 FR 20140..........
                      Schedule.
2.0912.............  General Provisions on    07/01/1991  06/23/94, 59 FR 32362..........
                      Test Methods and
                      Procedures.
2.0913.............  Determination of         03/01/1991  06/23/94, 59 FR 32362..........
                      Volatile Content of
                      Surface Coatings.
2.0914.............  Determination of VOC     06/14/1990  05/02/91, 56 FR 20140..........
                      Emission Control
                      System Efficiency.
2.0915.............  Determination of         06/14/1990  05/02/91, 56 FR 20140..........
                      Solvent Metal
                      Cleaning VOC
                      Emissions.
2.0916.............  Determination: VOC       06/14/1990  05/02/91, 56 FR 20140..........
                      Emissions From Bulk
                      Gasoline Terminals.
2.0917.............  Automobile and Light-    06/14/1990  05/02/91, 56 FR 20140..........
                      Duty Truck
                      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         06/14/1990  05/02/91, 56 FR 20140..........
                      Coating.
2.0922.............  Metal Furniture          06/14/1990  05/02/91, 56 FR 20140..........
                      Coating.
2.0923.............  Surface Coating of       06/14/1990  05/02/91, 56 FR 20140..........
                      Large Appliances.
2.0924.............  Magnet Wire Coating...   06/14/1990  05/02/91, 56 FR 20140..........
2.0925.............  Petroleum Liquid         06/14/1990  05/02/91, 56 FR 20140..........
                      Storage in Fixed Roof
                      Tanks.
2.0926.............  Bulk Gasoline Plants..   06/14/1990  05/02/91, 56 FR 20140..........
2.0927.............  Bulk Gasoline            06/14/1990  05/02/91, 56 FR 20140..........
                      Terminals.
2.0928.............  Gasoline Service         06/14/1990  05/02/91, 56 FR 20140..........
                      Stations Stage I.

[[Page 634]]

 
2.0929.............  Petroleum Refinery....   06/14/1990  05/02/91, 56 FR 20140..........
2.0930.............  Solvent Metal Cleaning   06/14/1990  05/02/91, 56 FR 20140..........
2.0931.............  Cutback Asphalt.......   06/14/1990  05/02/91, 56 FR 20140..........
2.0932.............  Gasoline Truck Tanks     06/14/1990  05/02/91, 56 FR 20140..........
                      and Vapor Collection
                      Systems.
2.0933.............  Petroleum Liquid         10/16/2004  9/12/07, 72 FR 52012...........
                      Storage In External
                      Floating Roof Tanks.
2.0934.............  Coating of               06/14/1990  05/02/91, 56 FR 20140..........
                      Miscellaneous Metal
                      Parts and Products.
2.0935.............  Factory Surface          06/14/1990  05/02/91, 56 FR 20140..........
                      Coating of Flat Wood
                      Paneling.
2.0936.............  Graphic Arts..........   06/14/1990  05/02/91, 56 FR 20140..........
2.0937.............  Manufacture of           06/14/1990  05/02/91, 56 FR 20140..........
                      Pneumatic Rubber
                      Tires.
2.0939.............  Determination of         06/14/1990  05/02/91, 56 FR 20140..........
                      Volatile Organic
                      Compound Emissions.
2.0940.............  Determination of Leak    06/14/1990  05/02/91, 56 FR 20140..........
                      Tightness and Vapor
                      Leaks.
2.0941.............  Alternative Method for   06/14/1990  05/02/91, 56 FR 20140..........
                      Leak Tightness.
2.0942.............  Determination of         06/14/1990  05/02/91, 56 FR 20140..........
                      Solvent in Filter
                      Waste.
2.0943.............  Synthetic Organic        06/14/1990  05/02/91, 56 FR 20140..........
                      Chemical and Polymer
                      Manufacturing.
2.0944.............  Manufacture of           06/14/1990  05/02/91, 56 FR 20140..........
                      Polyethylene,
                      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 Interagency        1/1/2002        12/27/02  67 FR 78986.
 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 635]]

 
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 Plan      12/18/2009      11/18/2011  76 FR 71452.
 for the Hickory, North Carolina
 Area (Catawba County).
1997 Annual PM2.5 Maintenance Plan      12/22/2010      11/18/2011  76 FR 71452.
 for the Hickory, North Carolina
 Area--MOVES Update.
1997 Annual PM2.5 Maintenance Plan      12/18/2009      11/18/2011  76 FR 71455.
 for the Greensboro, North
 Carolina Area (Davidson and
 Guilford Counties).
1997 Annual PM2.5 Maintenance Plan      12/22/2010      11/18/2011  76 FR 71455.
 for the Greensboro, North
 Carolina Area--MOVES Update.
North Carolina 110(a)(1) and (2)        12/12/2007        2/6/2012  77 FR 5703.
 Infrastructure Requirements for
 the 1997 8-Hour Ozone National
 Ambient Air Quality Standards.
1997 8-Hour Ozone 110(a)(1)              4/13/2011       3/26/2012  76 FR 3611.
 Maintenance Plan for the Triad
 Area.
Supplement to 110(a)(1)                  5/18/2011       3/26/2012  76 FR 3611.
 Maintenance Plan for the Triad
 Area.

[[Page 636]]

 
North Carolina portion of bi-state      11/12/2009        5/4/2012  77 FR 26441.
 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 Plan     November 2,         12/2/13  78 FR 72039...........
 for the North Carolina portion of       2011, and
 the bi-state Charlotte Area.         supplemented
                                      on March 28,
                                              2013
North Carolina Transportation        July 12, 2013        12/26/13  78 FR 78272...........
 Conformity Air Quality
 Implementation Plan.
Supplement Maintenance Plan for          3/27/2013          1/2/14  79 FR 50..............
 the Raleigh-Durham-Chapel Hill,
 NC 1997 8-hour Ozone Maintenance
 Area and RVP Standard.
Supplement Maintenance Plan for           4/2/2013       1/24/2014  79 FR 4085............
 the Greensboro/Winston-Salem/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 FR 26149...........  Addressing prong 4
 Requirements for 1997 Fine                                                                  of section
 Particulate Matter National                                                                 110(a)(2)(D)(i)
 Ambient Air Quality Standards.                                                              only.
110(a)(1) and (2) Infrastructure         9/21/2009        5/7/2014  79 FR 26149...........  Addressing prong 4
 Requirements for 2006 Fine                                                                  of section
 Particulate Matter National                                                                 110(a)(2)(D)(i)
 Ambient Air Quality Standards.                                                              only.
Non-Interference Demonstration for      10/11/2013        2/5/2015  80 FR 6457............
 the North Carolina Inspection and
 Maintenance Program.

[[Page 637]]

 
110(a)(1) and (2) Infrastructure         6/15/2012        3/9/2015  80 FR 12344...........  With the exception
 Requirements for the 2008 Lead                                                              of PSD permitting
 National Ambient Air Quality                                                                requirements for
 Standards.                                                                                  major sources of
                                                                                             sections
                                                                                             110(a)(2)(C), prong
                                                                                             3 of D(i), and (J)
                                                                                             and the state board
                                                                                             requirements of
                                                                                             110(E)(ii).
North Carolina portion of bi-state      07/07/2014    4/21/15 2015  80 FR 22211...........
 Charlotte Area; 2008 8-Hour Ozone
 Base Year Emissions Inventory.
North Carolina portion of bi-state      07/07/2014         4/21/15  80 FR 22211...........  ....................
 Charlotte Area; 2008 8-Hour Ozone
 Annual Emissions Reporting
 (Emissions Statements).
Supplement Maintenance Plan for          4/16/2015       7/28/2015  80 FR 44869...........  Provides the non-
 the Charlotte Area, NC 2008 8-                                                              interference
 hour Ozone Maintenance Area and                                                             demonstration for
 RVP Standard.                                                                               revising the
                                                                                             Federal Low-Reid
                                                                                             Vapor Pressure
                                                                                             requirement for the
                                                                                             Charlotte Area, NC.
2008 8-hour ozone Maintenance Plan       4/16/2015       7/28/2015  80 FR 44881...........
 for the North Carolina portion of
 the bi-state Charlotte Area.
110(a)(1) and (2) Infrastructure         7/27/2015       11/3/2015  80 FR 67646...........  approving
 Requirements for the 1997 8-hour                                                            110(a)(2)(E)(ii) as
 Ozone NAAQS.                                                                                it relates to the
                                                                                             Secretary of the
                                                                                             DENR and his/her
                                                                                             delegatee that
                                                                                             approve permit or
                                                                                             enforcement orders
                                                                                             and appealed
                                                                                             matters decided by
                                                                                             ALJs.
110(a)(1) and (2) Infrastructure         7/27/2015       11/3/2015  80 FR 67646...........  approving
 Requirements for the 1997 Annual                                                            110(a)(2)(E)(ii) as
 PM2.5 NAAQS.                                                                                it relates to the
                                                                                             Secretary of the
                                                                                             DENR and his/her
                                                                                             delegatee that
                                                                                             approve permit or
                                                                                             enforcement orders
                                                                                             and appealed
                                                                                             matters decided by
                                                                                             ALJs.
110(a)(1) and (2) Infrastructure         7/27/2015       11/3/2015  80 FR 67646...........  approving
 Requirements for the 2006 24-hour                                                           110(a)(2)(E)(ii) as
 PM2.5 NAAQS.                                                                                it relates to the
                                                                                             Secretary of the
                                                                                             DENR and his/her
                                                                                             delegatee that
                                                                                             approve permit or
                                                                                             enforcement orders
                                                                                             and appealed
                                                                                             matters decided by
                                                                                             ALJs.
110(a)(1) and (2) Infrastructure         7/27/2015  ..............  ......................  approving
 Requirements for the 2008 Lead                                                              110(a)(2)(E)(ii) as
 NAAQS.                                                                                      it relates to the
                                                                                             Secretary of the
                                                                                             DENR and his/her
                                                                                             delegatee that
                                                                                             approve permit or
                                                                                             enforcement orders
                                                                                             and appealed
                                                                                             matters decided by
                                                                                             ALJs.
110(a)(1) and (2) Infrastructure         7/27/2015  ..............  ......................  approving
 Requirements for the 2008 8-hour                                                            110(a)(2)(E)(ii) as
 Ozone NAAQS.                                                                                it relates to the
                                                                                             Secretary of the
                                                                                             DENR and his/her
                                                                                             delegatee that
                                                                                             approve permit or
                                                                                             enforcement orders
                                                                                             and appealed
                                                                                             matters decided by
                                                                                             ALJs.
110(a)(1) and (2) Infrastructure         7/27/2015       11/3/2015  80 FR 67646...........  approving
 Requirements for the 2010 NO2                                                               110(a)(2)(E)(ii) as
 NAAQS.                                                                                      it relates to the
                                                                                             Secretary of the
                                                                                             DENR and his/her
                                                                                             delegatee that
                                                                                             approve permit or
                                                                                             enforcement orders
                                                                                             and appealed
                                                                                             matters decided by
                                                                                             ALJs.
110(a)(1) and (2) Infrastructure         7/27/2015       11/3/2015  80 FR 67646...........  approving
 Requirements for the 2010 SO2                                                               110(a)(2)(E)(ii) as
 NAAQS.                                                                                      it relates to the
                                                                                             Secretary of the
                                                                                             DENR and his/her
                                                                                             delegatee that
                                                                                             approve permit or
                                                                                             enforcement orders
                                                                                             and appealed
                                                                                             matters decided by
                                                                                             ALJs.

[[Page 638]]

 
Chapter 7A section 754 of the            7/27/2015       11/3/2015  80 FR 67646...........  Specifically, the
 North Carolina General Statues.                                                             following paragraph
                                                                                             of 7A-754 stating
                                                                                             ``The Chief
                                                                                             Administrative Law
                                                                                             Judge and the
                                                                                             administrative law
                                                                                             judges shall comply
                                                                                             with the Model Code
                                                                                             of Judicial Conduct
                                                                                             for State
                                                                                             Administrative Law
                                                                                             Judges, as adopted
                                                                                             by the National
                                                                                             Conference of
                                                                                             Administrative Law
                                                                                             Judges, Judicial
                                                                                             Division, American
                                                                                             Bar Association,
                                                                                             (revised August
                                                                                             1998), as amended
                                                                                             from time to time,
                                                                                             except that the
                                                                                             provisions of this
                                                                                             section shall
                                                                                             control as to the
                                                                                             private practice of
                                                                                             law in lieu of
                                                                                             Canon 4G, and G.S.
                                                                                             126-13 shall
                                                                                             control as to
                                                                                             political activity
                                                                                             in lieu of Canon
                                                                                             5.'' is approved
                                                                                             into the SIP.
110(a)(1) and (2) Infrastructure         11/2/2012       11/5/2015  80 FR 68457...........  With the exception
 Requirements for the 2008 8-Hour                                                            of sections:
 Ozone National Ambient Air                                                                  110(a)(2)(C) and
 Quality Standards.                                                                          (J) concerning PSD
                                                                                             permitting
                                                                                             requirements;
                                                                                             110(a)(2)(D)(i)(I)
                                                                                             and (II) (prongs 1
                                                                                             through 4)
                                                                                             concerning
                                                                                             interstate
                                                                                             transport
                                                                                             requirements;
                                                                                             110(a)(2)(E)(ii)
                                                                                             concerning state
                                                                                             board requirements.
110(a)(1) and (2) Infrastructure         3/18/2014       4/26/2016  81 FR 24497...........  With the exception
 Requirements for the 2010 1-hour                                                            of the PSD
 SO2 NAAQS.                                                                                  permitting
                                                                                             requirements for
                                                                                             major sources of
                                                                                             sections
                                                                                             110(a)(2)(C) and
                                                                                             (J), the interstate
                                                                                             transport
                                                                                             requirements of
                                                                                             section
                                                                                             110(a)(2)(D)(i)(I)
                                                                                             and (II) (prongs 1,
                                                                                             2, 3, and 4), and
                                                                                             the state board
                                                                                             requirements of
                                                                                             section 110(E)(ii).
BART Alternative Plan.............      10/31/2014       5/24/2016  81 FR 32654...........  This plan modifies
                                                                                             the Regional Haze
                                                                                             Plan approved with
                                                                                             a state effective
                                                                                             date of 11/17/2007
                                                                                             (see above) and
                                                                                             converts the June
                                                                                             27, 2012, limited
                                                                                             approval to a full
                                                                                             approval.
110(a)(1) and (2) Infrastructure         11/2/2012        6/3/2016  81 FR 35636...........  Addressing prong 4
 Requirements for the 2008 8-Hour                                                            of section
 Ozone NAAQS.                                                                                110(a)(2)(D)(i)
                                                                                             only.
110(a)(1) and (2) Infrastructure         8/23/2013        6/3/2016  81 FR 35636...........  Addressing prong 4
 Requirements for the 2010 1-hour                                                            of section
 NO2 NAAQS.                                                                                  110(a)(2)(D)(i)
                                                                                             only.
110(a)(1) and (2) Infrastructure         3/18/2014        6/3/2016  81 FR 35636...........  Addressing prong 4
 Requirements for the 2010 1-hour                                                            of section
 SO2 NAAQS.                                                                                  110(a)(2)(D)(i)
                                                                                             only.
110(a)(1) and (2) Infrastructure         12/4/2015        6/3/2016  81 FR 35636...........  Addressing prong 4
 Requirements for the 2012 Annual                                                            of section
 PM2.5 NAAQS.                                                                                110(a)(2)(D)(i)
                                                                                             only.
May 2013 Regional Haze Progress          5/31/2013       8/25/2016  81 FR 58401...........  Includes updated
 Report.                                                                                     reasonable progress
                                                                                             goals for North
                                                                                             Carolina's Class I
                                                                                             areas.
110(a)(1) and (2) Infrastructure          4/1/2008       9/14/2016  81 FR 63111...........  Partially approve
 Requirements for 1997 Fine                                                                  the PSD elements of
 Particulate Matter NAAQS.                                                                   sections
                                                                                             110(a)(2)(C),
                                                                                             110(a)(2)(D)(i)(II)
                                                                                             (prong 3) and
                                                                                             110(a)(2)(J) and
                                                                                             disapprove with
                                                                                             respect to the
                                                                                             PM2.5 increment
                                                                                             requirements of
                                                                                             2010 PSD PM2.5
                                                                                             Rule.
110(a)(1) and (2) Infrastructure         9/21/2009       9/14/2016  81 FR 63111...........  Partially approve
 Requirements for 2006 Fine                                                                  the PSD elements of
 Particulate Matter NAAQS.                                                                   sections
                                                                                             110(a)(2)(C),
                                                                                             110(a)(2)(D)(i)(II)
                                                                                             (prong 3) and
                                                                                             110(a)(2)(J) and
                                                                                             disapprove with
                                                                                             respect to the
                                                                                             PM2.5 increment
                                                                                             requirements of
                                                                                             2010 PSD PM2.5
                                                                                             Rule.
110(a)(1) and (2) Infrastructure         6/15/2012       9/14/2016  81 FR 63111...........  Partially approve
 Requirements for the 2008 Lead                                                              the PSD elements of
 NAAQS.                                                                                      sections
                                                                                             110(a)(2)(C),
                                                                                             110(a)(2)(D)(i)(II)
                                                                                             (prong 3) and
                                                                                             110(a)(2)(J) and
                                                                                             disapprove with
                                                                                             respect to the
                                                                                             PM2.5 increment
                                                                                             requirements of
                                                                                             2010 PSD PM2.5
                                                                                             Rule.

[[Page 639]]

 
110(a)(1) and (2) Infrastructure         11/2/2012       9/14/2016  81 FR 63111...........  Partially approve
 Requirements for the 2008 8-Hour                                                            the PSD elements of
 Ozone NAAQS.                                                                                sections
                                                                                             110(a)(2)(C),
                                                                                             110(a)(2)(D)(i)(II)
                                                                                             (prong 3) and
                                                                                             110(a)(2)(J) and
                                                                                             disapprove with
                                                                                             respect to the
                                                                                             PM2.5 increment
                                                                                             requirements of
                                                                                             2010 PSD PM2.5
                                                                                             Rule.
110(a)(1) and (2) Infrastructure         8/23/2013       9/14/2016  81 FR 63111...........  Partially approve
 Requirements for the 2010 1-hour                                                            the PSD elements of
 NO2 NAAQS.                                                                                  sections
                                                                                             110(a)(2)(C),
                                                                                             110(a)(2)(D)(i)(II)
                                                                                             (prong 3) and
                                                                                             110(a)(2)(J) and
                                                                                             disapprove with
                                                                                             respect to the
                                                                                             PM2.5 increment
                                                                                             requirements of
                                                                                             2010 PSD PM2.5
                                                                                             Rule.
110(a)(1) and (2) Infrastructure         3/18/2014       9/14/2016  81 FR 63111...........  Partially approve
 Requirements for the 2010 1-hour                                                            the PSD elements of
 SO2 NAAQS.                                                                                  sections
                                                                                             110(a)(2)(C),
                                                                                             110(a)(2)(D)(i)(II)
                                                                                             (prong 3) and
                                                                                             110(a)(2)(J) and
                                                                                             disapprove with
                                                                                             respect to the
                                                                                             PM2.5 increment
                                                                                             requirements of
                                                                                             2010 PSD PM2.5
                                                                                             Rule.
110(a)(1) and (2) Infrastructure         12/4/2015       9/14/2016  81 FR 63111...........  Partially approve
 Requirements for the 2012 Annual                                                            the PSD elements of
 PM2.5 NAAQS.                                                                                sections
                                                                                             110(a)(2)(C),
                                                                                             110(a)(2)(D)(i)(II)
                                                                                             (prong 3) and
                                                                                             110(a)(2)(J) and
                                                                                             disapprove with
                                                                                             respect to the
                                                                                             PM2.5 increment
                                                                                             requirements of
                                                                                             2010 PSD PM2.5
                                                                                             Rule.
Good Neighbor Provisions (Section        3/24/2016       9/22/2016  81 FR 65288...........
 110(a)(2)(D)(i)(I)) for the 2010
 1-hour NO2 NAAQS.
110(a)(1) and (2) Infrastructure         8/23/2013        10/14/16  81 FR 70969...........  With the exception
 Requirements for the 2010 1-hour                                                            of sections:
 NO2 NAAQS.                                                                                  110(a)(2)(E)(ii)
                                                                                             concerning state
                                                                                             boards;
                                                                                             110(a)(2)(C) and
                                                                                             (J) concerning PSD
                                                                                             permitting
                                                                                             requirements; and
                                                                                             110(a)(2)(D)(i)(I)
                                                                                             and (II) (prongs 1
                                                                                             through 4)
                                                                                             concerning
                                                                                             interstate
                                                                                             transport
                                                                                             requirements.
110(a)(1) and (2) Infrastructure         12/4/2015        4/7/2017  82 FR 16924...........  With the exception
 Requirements for the 2012 Annual                                                            of section
 PM2.5 NAAQS.                                                                                110(a)(2)(D)(i)(I)
                                                                                             and (II) (prongs 1
                                                                                             through 4) and the
                                                                                             PSD requirements of
                                                                                             section
                                                                                             110(a)(2)(C) and
                                                                                             (J).
----------------------------------------------------------------------------------------------------------------


[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 82 FR 22008, May 12, 2017, table 1 of Sec. 
52.1770 was amended under ``Subchapter 2D Air Pollution Control 
Requirements'' by removing the heading ``Section .0800 Complex Sources'' 
and the entries ``Sect .0801'' through ``Sect .0806'' and under 
``Subchapter 2Q Air Quality Permits'' by removing the heading ``Section 
.0600 Transportation Facility Procedures'' and the entries ``Sect 
.0601'' through ``Sect .0607'', effective July 11, 2017.



Sec. 52.1771  Classification of regions.

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

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

[[Page 640]]

 
Northern Coastal Intrastate..........................           I        III       III       III           III
Southern Coastal Intrastate..........................          II        III       III       III           III
Sandhills Intrastate.................................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10884, May 31, 1972]



Sec. 52.1772  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves North Carolina's 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. Sec. 52.1773-52.1774  [Reserved]



Sec. 52.1775  Rules and regulations.

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

[51 FR 32075, Sept. 9, 1986]



Sec. Sec. 52.1776-52.1777  [Reserved]



Sec. 52.1778  Significant deterioration of air quality.

    (a)-(b) [Reserved]
    (c) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located or to be located in the 
State of North Carolina shall be submitted to the 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,

[[Page 641]]

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).
    (c) Determination of attainment. The EPA has determined, as of June 
3, 2016, that based on 2012 to 2014 ambient air quality data, the 
Charlotte-Rock Hill, NC-SC 2008 ozone Marginal nonattainment area has 
attained the 2008 ozone NAAQS. Therefore, the 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. The EPA also determined that the Charlotte-Rock 
Hill, NC-SC nonattainment area will not be reclassified for failure to 
attain by its applicable attainment date under section 181(b)(2)(A).

[76 FR 70659, Nov. 15, 2011, as amended at 77 FR 13494, Mar. 7, 2012; 81 
FR 26710, May 4, 2016]



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 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).

[[Page 642]]

    (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 CSAPR 
NOX Annual Trading Program in subpart AAAAA of part 97 of 
this chapter must comply with such requirements. The obligation to 
comply with such requirements with regard to sources and units in the 
State will be eliminated by the promulgation of an approval by the 
Administrator of a revision to North Carolina's State Implementation 
Plan (SIP) as correcting the SIP's deficiency that is the basis for the 
CSAPR Federal Implementation Plan under Sec. 52.38(a) for those sources 
and units, 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 CSAPR 
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 CSAPR 
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 CSAPR 
NOX Ozone Season Group 1 Trading Program in subpart BBBBB of 
part 97 of this chapter

[[Page 643]]

must comply with such requirements with regard to emissions occurring in 
2015 and 2016.
    (2) [Reserved]

[76 FR 48371, Aug. 8, 2011, as amended at 81 FR 74586, 74599, Oct. 26, 
2016]



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 CSAPR 
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 the SIP's deficiency that is the basis for the 
CSAPR Federal Implementation Plan under Sec. 52.39 for those sources 
and units, except to the extent the Administrator's approval is partial 
or conditional. The obligation to comply with such requirements with 
regard to sources and units located in Indian country within the borders 
of the State will not be eliminated by the promulgation of an approval 
by the Administrator of a revision to North Carolina's SIP.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
if, at the time of the approval of North Carolina's SIP revision 
described in paragraph (a) of this section, the Administrator has 
already started recording any allocations of CSAPR 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 CSAPR 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, as amended at 81 FR 74586, 74599, Oct. 26, 
2016]



                         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) and (d) of this section with an EPA approval date prior to August 1, 
2015, 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, 2015, 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 SIP as of 
August 1, 2015.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region 8 Office, Office of Partnerships and 
Regulatory Assistance (OPRA), Air Program, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
    (c) EPA-approved regulations.4

[[Page 644]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      State       EPA effective
               Rule No.                       Rule title         effective date       date          Final rule citation/date             Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              33-15-01. General Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-01-01..........................  Purpose.................         10/1/87         6/12/89  54 FR 20574, 5/12/89..........
33-15-01-02..........................  Scope...................         10/1/87         6/12/89  54 FR 20574, 5/12/89..........
33-15-01-03..........................  Authority...............          9/1/97          5/3/04  69 FR 17302, 4/2/04...........
33-15-01-04..........................  Definitions.............        4/1/2014        11/21/16  81 FR 72718, 10/21/16.........
33-15-01-05..........................  Abbreviations...........        1/1/2013        11/21/16  81 FR 72718, 10/21/16.........
33-15-01-06..........................  Entry onto Premises--            10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        Authority.
33-15-01-07..........................  Variances...............        6/1/1990       8/25/1992  57 FR 28619, 6/26/92..........
33-15-01-08..........................  Circumvention...........          6/1/90         8/25/92  57 FR 28619, 6/26/92..........
33-15-01-09..........................  Severability............         10/1/87         6/12/89  54 FR 20574, 5/12/89..........
33-15-01-10..........................  Land use plans and               10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        zoning regulations.
33-15-01-12..........................  Measurement of emissions          6/1/01         3/31/03  68 FR 9565, 2/28/03...........
                                        of air contaminants.
33-15-01-13..........................  Shutdown and malfunction        1/1/2013        11/21/16  81 FR 72718, 10/21/16.........
                                        of an installation--
                                        Requirement for
                                        notification.
33-15-01-14..........................  Time schedule for                10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        compliance.
33-15-01-15..........................  Prohibition of air                6/1/01         3/31/03  68 FR 9565, 2/28/03...........
                                        pollution.
33-15-01-16..........................  Confidentiality of               10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        records.
33-15-01-17..........................  Enforcement.............          3/1/03        11/22/04  69 FR 61762, 10/21/04.........
33-15-01-18..........................  Compliance                        3/1/03        11/22/04  69 FR 61762, 10/21/04.........
                                        Certifications.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         33-15-02. Ambient Air Quality Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-02-01..........................  Scope...................         10/1/87         6/12/89  54 FR 20574, 5/12/89..........
33-15-02-02..........................  Purpose.................         10/1/87         6/12/89  54 FR 20574, 5/12/89..........
33-15-02-03..........................  Air quality guidelines..         10/1/87         6/12/89  54 FR 20574, 5/12/89..........
33-15-02-04..........................  Ambient air quality               4/1/11          6/2/14  79 FR 25021, 5/2/14...........
                                        standards.
33-15-02-05..........................  Method of sampling and           12/1/94         12/9/96  61 FR 52865, 10/8/96..........
                                        analysis.
33-15-02-06..........................  Reference conditions....         10/1/87         6/12/89  54 FR 20574, 5/12/89..........
33-15-02-07..........................  Concentration of air              4/1/11          6/2/14  79 FR 25021, 5/2/14...........
                                        contaminants in the
                                        ambient air restricted.
Table 1..............................  Ambient Air Quality             4/1/2014        11/21/16  81 FR 72718, 10/21/16.........
                                        Standards.
Table 2..............................  National Ambient Air              4/1/11          6/2/14  79 FR 25021, 5/2/14...........
                                        Quality Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              33-15-03. Restriction of Emission of Visible Air Contaminants
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-03-01..........................  Restrictions applicable          10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        to existing
                                        installations.
33-15-03-02..........................  Restrictions applicable          10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        to new installations
                                        and all incinerators.
33-15-03-03..........................  Restrictions applicable          10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        to fugitive emissions.
33-15-03-03.1........................  Restrictions applicable          10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        to flares.
33-15-03-04..........................  Exceptions..............        1/1/2013        11/21/16  81 FR 72718, 10/21/16.........
33-15-03-05..........................  Method of measurement...         10/1/87         6/12/89  54 FR 20574, 5/12/89..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           33-15-04. Open Burning Restrictions
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-04-01..........................  Refuse burning                    1/1/07         7/28/08  73 FR 30308, 5/27/08..........
                                        restrictions.

[[Page 645]]

 
33-15-04-02..........................  Permissible open burning        4/1/2014        11/21/16  81 FR 72718, 10/21/16.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  33-15-05. Emissions of Particulate Matter Restricted
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-05-01..........................  Restriction of emission           1/1/13        10/22/14  79 FR 63045, 11/21/14.........
                                        of particulate matter
                                        from industrial
                                        processes.
33-15-05-02..........................  Maximum allowable                 3/1/03        11/22/04  69 FR 61762, 10/21/04.........
                                        emission of particulate
                                        matter from fuel
                                        burning equipment used
                                        for indirect heating.
33-15-05-03.2........................  Refuse incinerators.....          4/1/09         12/5/11  76 FR 68317, 11/4/11..........
33-15-05-03.3........................  Other waste incinerators          3/1/03        11/22/04  69 FR 61762, 10/21/04.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-05-04..........................  Methods of measurement..        1/1/2013        11/21/16  81 FR 72718, 10/21/16.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   33-15-06. Emissions of Sulfur Compounds Restricted.
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-06-01..........................  Restriction of emissions          3/1/03        11/22/04  69 FR 61762, 10/21/04.........  See 63 FR 45722 (8/27/
                                        of sulfur dioxide from                                                                    98) for additional
                                        use of fuel.                                                                              material.
33-15-06-02..........................  Restriction of emissions          6/1/92        12/20/93  58 FR 54041, 10/20/93.........
                                        of sulfur oxides from
                                        industrial processes.
33-15-06-03..........................  Methods of measurement..          3/1/03        11/22/04  69 FR 61762, 10/21/04.........
33-15-06-04..........................  Continuous emission               6/1/92        12/20/93  58 FR 54041, 10/20/93.........
                                        monitoring requirements.
33-15-06-05..........................  Reporting and                   4/1/2014        11/21/16  81 FR 72718, 10/21/16.........
                                        recordkeeping
                                        requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    33-15-07. Control of Organic Compounds Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-07-01..........................  Requirements for                  9/1/98         11/1/99  64 FR 47395, 8/31/99..........
                                        construction of organic
                                        compounds facilities.
33-15-07-02..........................  Requirements for organic          6/1/92        10/20/95  60 FR 43396, 8/21/95..........
                                        compounds gas disposal.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 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 63102, 11/2/79..........
                                        engine emissions
                                        restricted.
33-15-08-02..........................  Removal and/or disabling          7/1/78         11/2/79  44 FR 63102, 11/2/79..........
                                        of motor vehicle
                                        pollution control
                                        devices prohibited.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             33-15-10. Control of Pesticides
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-10-01..........................  Pesticide use restricted          1/1/89         9/10/90  55 FR 32403, 8/9/90...........
33-15-10-02..........................  Restrictions on the               6/1/90         8/25/92  57 FR 28619, 6/26/92..........
                                        disposal of surplus
                                        pesticides and empty
                                        pesticide containers.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 646]]

 
                                                33-15-11. Prevention of Air Pollution Emergency Episodes
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-11-01..........................  Air pollution emergency.         10/1/87         6/12/89  54 FR 20574, 5/12/89..........
33-15-11-02..........................  Air pollution episode            10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        criteria.
33-15-11-03..........................  Abatement strategies             10/1/87         6/12/89  54 FR 20574, 5/12/89..........
                                        emission reduction
                                        plans.
33-15-11-04..........................  Preplanned abatement              1/1/89         9/10/90  55 FR 32403, 8/9/90...........
                                        strategies plans.
Table 6..............................  Air pollution episode             8/1/95         6/20/97  62 FR 19224, 4/21/97..........
                                        criteria.
Table 7..............................  Abatement strategies              8/1/95         6/20/97  62 FR 19224, 4/21/97..........
                                        emission reduction
                                        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          6/2/14  79 FR 25021, 5/2/14...........
                                        contaminant sources.
33-15-14-01.1........................  Definitions.............          1/1/96         6/20/97  62 FR 19224, 4/21/97..........
33-15-14-02..........................  Permit to construct.....        1/1/2013        11/21/16  81 FR 72718, 10/21/16.........  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 57 FR 28619 (6/26/
                                                                                                                                  92), regarding State's
                                                                                                                                  commitment to meet
                                                                                                                                  requirements of EPA's
                                                                                                                                  ``Guideline on Air
                                                                                                                                  Quality Models
                                                                                                                                  (revised).''
33-15-14-03..........................  Minor source permit to            4/1/11          6/2/14  79 FR 25021, 5/2/14...........
                                        operate.
33-15-14-07..........................  Source exclusion from             6/1/01         3/31/03  68 FR 9565, 2/28/03...........
                                        title V permit to
                                        operate requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            33-15-15. Prevention of Significant Deterioration of Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-15-01.1........................  Purpose.................          2/1/05         8/20/07  72 FR 39564, 7/19/07..........
33-15-15-01.2........................  Scope...................        1/1/2013        11/21/16  81 FR 72718, 10/21/16.........  Except for the revision
                                                                       4/1/2014                                                   associated with 40 CFR
                                                                                                                                  52.21(l)(1).
33-15-15-02..........................  Reclassification........          2/1/05         8/20/07  72 FR 39564, 7/19/07..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       33-15-17. Restriction of Fugitive Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-17-01..........................  General provisions--              6/1/01         3/31/03  68 FR 9565, 2/28/03...........
                                        applicability and
                                        designation of affected
                                        facilities.
33-15-17-02..........................  Restriction of fugitive         1/1/2013        11/21/16  81 FR 72718, 10/21/16.........
                                        particulate emissions.
33-15-17-03..........................  Reasonable precautions            7/1/78         11/2/79  44 FR 63102, 11/2/79..........
                                        for abating and
                                        preventing fugitive
                                        particulate emissions.
33-15-17-04..........................  Restriction of fugitive           7/1/78         11/2/79  44 FR 63102, 11/2/79..........
                                        gaseous emissions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 33-15-18. Stack Heights
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-18-01..........................  General provisions......         10/1/87         1/13/89  53 FR 45763, 11/14/88.........

[[Page 647]]

 
33-15-18-02..........................  Good engineering                 10/1/87         1/13/89  53 FR 45763, 11/14/88.........
                                        practice demonstrations.
33-15-18-03..........................  Exemptions..............         10/1/87         1/13/89  53 FR 45763, 11/14/88.........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             33-15-19. Visibility Protection
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-19-01..........................  General provisions......         10/1/87        11/28/88  53 FR 37757, 9/28/88..........
33-15-19-02..........................  Review of new major              10/1/87        11/28/88  53 FR 37757, 9/28/88..........
                                        stationary sources and
                                        major modifications.
33-15-19-03..........................  Visibility monitoring...         10/1/87        11/28/88  53 FR 37757, 9/28/88..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                       33-15-20. Control of Emissions from Oil and Gas Well Production Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-20-01..........................  General provisions......          6/1/92        10/20/95  60 FR 43396, 8/21/95..........
33-15-20-02..........................  Registration and                  6/1/92        10/20/95  60 FR 43396, 8/21/95..........
                                        reporting requirements.
33-15-20-03..........................  Prevention of                     6/1/92        10/20/95  60 FR 43396, 8/21/95..........
                                        significant
                                        deterioration
                                        applicability and
                                        source information
                                        requirements.
33-15-20-04..........................  Requirements for control          6/1/90         8/25/92  57 FR 28619, 6/26/92..........
                                        of production facility
                                        emissions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     33-15-23. Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-23-01..........................  Definitions.............          8/1/95         6/20/97  62 FR 19224, 4/21/97..........
33-15-23-02..........................  Permit to construct fees        1/1/2013        11/21/16  81 FR 72718, 10/21/16.........
33-15-23-03..........................  Minor source permit to          1/1/2013        11/21/16  81 FR 72718, 10/21/16.........
                                        operate fees.                  4/1/2014
                                                          33-15-25. Regional Haze Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-25-01..........................  Definitions.............          1/1/07          5/7/12  77 FR 20894, 4/6/12...........
33-15-25-02..........................  Best available retrofit           1/1/07          5/7/12  77 FR 20894, 4/6/12...........
                                        technology.
33-15-25-03..........................  Guidelines for best               1/1/07          5/7/12  77 FR 20894, 4/6/12...........
                                        available retrofit
                                        technology
                                        determinations under
                                        the regional haze rule.
33-15-25-04..........................  Monitoring,                       1/1/07          5/7/12  77 FR 20894, 4/6/12...........
                                        recordkeeping, and
                                        reporting.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) EPA-approved source specific requirements.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      State       EPA effective
               Rule No.                       Rule title         effective date       date          Final rule citation/date             Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           American Crystal Sugar at Drayton.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 8, Section 8.3., Permit        Continuous Emission               5/6/77        10/17/77  42 FR 55471, 10/17/77.........
 730015.                                Monitoring Requirements
                                        for Existing Stationary
                                        Sources, including
                                        Amendments to Permits
                                        to Operate and
                                        Department Order.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 648]]

 
                                                            Coal Creek Station Units 1 and 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
PTC10005.............................  Air pollution Control            2/23/10          5/7/12  77 FR 20894, 4/6/12...........  Excluding disapproved
                                        permit to construct for                                                                   NOX BART emissions
                                        best available retrofit                                                                   limits for Units 1 and
                                        technology (BART).                                                                        2 and corresponding
                                                                                                                                  monitoring,
                                                                                                                                  recordkeeping, and
                                                                                                                                  reporting
                                                                                                                                  requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Heskett Station Units 1 and 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 8, Section 8.3., Permit        Continuous Emission               5/6/77        10/17/77  42 FR 55471, 10/17/77.........
 F76001.                                Monitoring Requirements
                                        for Existing Stationary
                                        Sources, including
                                        amendments to Permits
                                        to Operate and
                                        Department Order.
PTC 10028............................  Air Pollution Control            7/22/10          5/7/12  77 FR 20894, 4/6/12...........
                                        Permit to Construct for
                                        Best Available Retrofit
                                        Technology (BART)
                                        Heskett Unit 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Leland Olds Units 1 and 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 8, Section 9.3., Permit        Continuous Emission               5/6/77        10/17/77  42 FR 55471, 10/17/77.........
 730004.                                Monitoring Requirements
                                        for Existing Stationary
                                        Sources, including
                                        amendments to Permits
                                        to Operate and
                                        Department Order.
PTC10004.............................  Air pollution control            2/23/10          5/7/12  77 FR 20894, 4/6/12...........
                                        permit to construct for
                                        best available retrofit
                                        technology (BART).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Milton R. Young Station Units 1 and 2.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 8, Section 8.3.2.............  Continuous Opacity                3/1/13         8/31/15  80 FR 37157, 6/30/15..........
                                        Monitoring for M.R.
                                        Young Station Unit 1
                                        Main Boiler.
PTC10007.............................  Air pollution control            2/23/10          5/7/12  77 FR 20894, 4/6/12...........
                                        permit to construct for
                                        best available retrofit
                                        technology (BART).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Stanton Station Unit 1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 8, Section 8.3.1., Permit      Compliance Schedule for          3/15/77          5/7/12  77 FR 20894, 4/6/12...........
 F76007.                                Installation of
                                        Continuous Opacity
                                        Monitoring Instruments.

[[Page 649]]

 
PTC 10006............................  Air Pollution Control            2/23/10          5/7/12  77 FR 20894, 4/6/12...........
                                        Permit to Construct for
                                        Best Available Retrofit
                                        Technology (BART).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Tesoro Mandan Refinery.
--------------------------------------------------------------------------------------------------------------------------------------------------------
77-311 APC...........................  Compliance Schedule for           5/9/77         7/28/08  73 FR 30308, 5/27/08..........
                                        Continuous Opacity
                                        Monitoring Instruments.
Chapter 8, Section 8.3.1.............  Continuous Opacity               2/27/07         7/28/08  73 FR 30308, 5/27/08..........
                                        Monitoring for Fluid
                                        Bed Catalytic Cracking
                                        Units: Tesoro Refining
                                        and Marketing Co.,
                                        Mandan Refinery.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (e) EPA-approved nonregulatory provisions.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      State       EPA effective
               Rule No.                       Rule title         effective date       date          Final rule citation/date             Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Chapter 1. Introduction.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sections 1.1. thru 1.7...............  Section 1.1., Purpose;           1/24/72         6/30/72  37 FR 10842, 5/31/72..........
                                        1.2., Scope; 1.3.,
                                        Classification of
                                        Regions; 1.4., Public
                                        Hearings; 1.5.,
                                        Reports; 1.6.,
                                        Provisions for Making
                                        Emissions Data
                                        Available to the
                                        Public; 1.7.,
                                        Revisions, Individually
                                        Negotiated Compliance
                                        Schedules--Public
                                        Hearing (5/15/1973).
Section 1.8..........................  Revisions: Public               11/20/73        11/16/77  42 FR 55471, 10/17/77.........
                                        Hearing (11/20/1973).
Section 1.9..........................  Revisions: Public                5/22/74        11/16/77  42 FR 55471, 10/17/77.........
                                        Hearing (5/22/1974).
Section 1.10.........................  Public Hearing: (11/17/         11/17/75        11/16/77  42 FR 55471, 10/17/77.........
                                        1975) Adoption of
                                        regulations Pursuant to
                                        Request for Delegation
                                        of Authority to
                                        Implement and Enforce
                                        Federal NSPS, NESHAPS,
                                        and PSD Programs.
Section 1.13.........................  Revisions, Public                11/2/79         8/12/80  45 FR 53475, 8/12/80..........
                                        Hearing--Adoption of
                                        New and Revised Air
                                        Pollution Control
                                        Regulations and
                                        Revisions to the
                                        Implementation Plan.
Section 1.14.........................  Revisions to the                  4/1/09        10/17/12  77 FR 57029, 9/17/12..........
                                        Implementation Plan.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 650]]

 
                                                               Chapter 2. Legal Authority.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sections 2.1. thru 2.10..............  2.1., Introduction;              1/24/72         5/31/72  37 FR 10842, 5/31/72..........
                                        2.2., 420.11(a); 2.3.,
                                        420.11(b); 2.4.,
                                        420.11(c); 2.5.,
                                        420.11(d); 2.6.,
                                        420.11(e); 2.7.,
                                        420.11(f); 2.8., Future
                                        Legal Authority Needs;
                                        2.9., Legal Authority
                                        to Control Indirect
                                        Sources of Air
                                        Pollution; 2.10., Legal
                                        Authority to Implement
                                        and Enforce Federal
                                        NSPS, NESHAPS, and PSD
                                        Programs.
Section 2.11.........................  Legal Authority for               7/1/79         8/12/80  45 FR 53475, 8/12/80..........
                                        Collection of Permit or
                                        Registration Processing
                                        Fees and Inspection
                                        Program Fees and
                                        Registration of Certain
                                        Air Contaminant Sources.
Section 2.15.........................  Respecting Boards.......          3/1/13         8/28/13  78 FR 45867, 7/29/13..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Chapter 3. Control Strategy.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 3.1..........................  Introduction............         1/24/72         5/31/72  37 FR 10842, 5/31/72..........
Section 3.2..........................  Control Strategy:                1/24/72         5/31/72  37 FR 10842, 5/31/72..........
                                        Particulate Matter.
Section 3.2.1........................  Control Strategy:                 1/1/89         9/10/90  55 FR 32403, 8/0/90...........
                                        Particulate Matter
                                        (PM10).
Section 3.3..........................  Control Strategy:                1/24/72         5/31/72  37 FR 10842, 5/31/72..........
                                        Sulphur Oxides.
Section 3.4..........................  Control Strategy: Carbon         1/24/72         5/31/72  37 FR 10842, 5/31/72..........
                                        Monoxide, Hydrocarbons,
                                        Photochemical Oxidants,
                                        and Nitrogen Dioxide.
Section 3.5..........................  Future Control Strategy          1/24/72         5/31/72  37 FR 10842, 5/31/72..........
                                        Needs.
Section 3.6..........................  Identification and               1/24/72         5/31/72  37 FR 10842, 5/31/72..........
                                        Designation of Air
                                        Quality Maintenance
                                        Areas.
Section 3.7..........................  Visibility--Long-Term     ..............         12/4/89  54 FR 41094, 10/5/89..........
                                        Strategy.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Chapter 4. Compliance Schedules.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 4............................  Compliance Schedules....         2/19/74         5/31/72  37 FR 10842, 5/31/72..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Chapter 5. Prevention of Air Pollution Emergency Episodes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 5............................  Prevention of Air                1/24/72         5/31/72  37 FR 10842, 5/31/72..........
                                        Pollution Emergency
                                        Episodes.
Section 5.2.1........................  Replacement of TSP                1/1/89         9/10/90  55 FR 32403, 8/9/90...........
                                        levels with PM10 levels.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 651]]

 
                                                          Chapter 6. Air Quality Surveillance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 6.1 thru 6.7.................  6.1., Introduction;               1/1/80         8/12/80  45 FR 53475, 8/12/80..........
                                        6.2., Ambient Air
                                        Quality Monitoring
                                        Network Design; 6.3.,
                                        Ambient Air Quality
                                        Monitoring Network
                                        Description; 6.4.,
                                        Station Designations;
                                        6.5., Air Quality
                                        Monitoring Criteria;
                                        6.6., Episode
                                        Monitoring; 6.7., Data
                                        Reporting.
Section 6.8..........................  Annual Network Review...          4/1/09        10/17/12  77 FR 57029, 9/17/12..........
Section 6.9..........................  Public Notification.....          1/1/80         8/12/80  45 FR 53475, 8/12/89..........
Section 6.10.........................  Visibility Monitoring...         10/1/87        11/28/88  53 FR 37757, 9/28/88..........
Section 6.11.........................  Particulate Matter                1/1/89         9/10/90  55 FR 32403, 8/9/90...........
                                        (PM10).
Section 6.11.3.......................  Ozone...................          4/1/09        10/17/12  77 FR 57029, 9/17/12..........
Section 6.13.........................  Visibility Monitoring:            1/9/96         6/20/97  62 FR 19224, 4/21/97..........
                                        Theodore Roosevelt
                                        National Park.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Chapter 7. Review of New Sources and Modifications.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sections 7.1 thru 7.6................  Review of New Sources            1/24/72         5/31/72  37 FR 10842, 5/31/72..........
                                        and Modifications.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Chapter 7.7. Air Quality Modeling.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 7.7..........................  Air Quality Modeling....          4/1/09        10/17/09  77 FR 57029, 9/17/09..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Chapter 7.8. Interstate Transport.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 7.8..........................  Interstate Transport of           4/1/09          7/6/10  75 FR 31290, 6/3/10...........
                                        Air Pollution.
Section 7.8.1........................  Interstate Transport              4/1/09        12/22/10  75 FR 71023, 11/22/10.........
                                        Relating to the 1997 8-
                                        hour Ozone and PM2.5
                                        National Ambient Air
                                        Quality Standards.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Chapter 8. Source Surveillance.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 8............................  Source Surveillance.....         1/24/72         5/31/72  37 FR 10842, 5/31/72..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Chapter 9. Resources.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 9............................  Resources...............          4/1/09        10/17/12  77 FR 57029, 9/17/12..........
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Chapter 10. Intergovernmental Cooperation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 10...........................  Intergovernmental                1/24/72         5/31/72  37 FR 10842, 5/31/72..........
                                        Cooperation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Chapter 12. The Small Business Assistance Program.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Chapter 12...........................  The Small Business              10/23/92         2/10/94  59 FR 1485, 1/11/94...........
                                        Assistance Program.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[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; 80 FR 22111, 
Apr. 21, 2015; 80 FR 37160, June 30, 2015; 80 FR 76212, Dec. 8, 2015; 81 
FR 72718, Oct. 21, 2016]

[[Page 652]]



Sec. 52.1821  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Fargo-Moorhead Interstate...............          II        III       III       III           III
North Dakota Intrastate..............................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10885, May 31, 1972]



Sec. 52.1822  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves the North Dakota plan for the attainment and maintenance of the 
national standards.

[39 FR 7283, Feb. 25, 1974]



Sec. 52.1823  [Reserved]



Sec. 52.1824  Review of new sources and modifications.

    (a)-(b) [Reserved]
    (c) The State of North Dakota has clarified the language contained 
in the North Dakota Administrative Code on the use of the EPA 
``Guideline on Air Quality Models'' as supplemented by the ``North 
Dakota Guideline for Air Quality Modeling Analysis''.In a letter to 
Douglas M. Skie, EPA, dated February 14, 1992, Dana K. Mount, Director 
of the Division of Environmental Engineering, stated:

    To clarify this issue, the State of North Dakota will commit to 
meeting all requirements of the EPA Guideline for air quality modeling 
demonstrations associated with the permitting of new PSD sources, PSD 
major modifications, and sources which will be located in nonattainment 
areas. If any conflict exists, the EPA Guideline will take precedence 
for these source categories.

[39 FR 7283, Feb. 25, 1974, as amended at 51 FR 40677, Nov. 7, 1986; 57 
FR 28620, June 26, 1992; 61 FR 16062, Apr. 11, 1996]



Sec. 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:

[[Page 653]]



------------------------------------------------------------------------
                                               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.
    (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,

[[Page 654]]

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.

[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; 81 FR 72720, Oct. 21, 2016]



Sec. 52.1831  Visibility protection.

    A revision to the SIP was submitted by the Governor on April 18, 
1989, for visibility general plan requirements and long-term strategies.

[54 FR 41098, Oct. 5, 1989]



Sec. 52.1832  Stack height regulations.

    The State of North Dakota has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas 
M. Skie, EPA, dated May 11, 1988, Dana K. Mount, Director, Division of 
Environmental Engineering stated:

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

[53 FR 45764, Nov. 14, 1988]



Sec. 52.1833  Section 110(a)(2) infrastructure requirements.

    (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

[[Page 655]]

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.
    (d) EPA is approving the following infrastructure elements for the 
2008 ozone, 2008 Pb, and 2010 NO2 NAAQS: CAA 
110(a)(2) (A), (B), (C) with respect to minor NSR and PSD requirements, 
(D)(i)(II) elements 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M). EPA is approving element 4 of 110(a)(2)(D)(i)(II) for the 2006 
PM2.5 NAAQS. Finally, EPA is approving D(i)(I) elements 1 and 
2 for the 2008 Pb and 2010 NO2 NAAQS.
    (e) EPA is approving both elements of CAA section 110(a)(2)(D)(i)(I) 
for the 2008 ozone NAAQS, which was submitted to EPA on March 8, 2013.

[77 FR 57032, Sept. 17, 2012, as amended at 78 FR 45458, July 29, 2013; 
78 FR 45869, July 30, 2013; 80 FR 60541, Oct. 7, 2015; 81 FR 7708, Feb. 
16, 2016]



Sec. 52.1834  Minor source permit to operate program.

    Emission limitations and related provisions, which, in accordance 
with Rule 33-15-14-03, are established as federally enforceable 
conditions in North Dakota minor source operating permits, shall be 
enforceable by EPA. EPA reserves the right to deem permit conditions not 
federally enforceable. Such a determination will be made according to 
appropriate procedures and will be based upon the permit, permit 
approval procedures, or permit requirements which do not conform with 
the operating permit program requirements of EPA's underlying 
regulations.

[60 FR 43401, Aug. 21, 1995]



Sec. 52.1835  Change to approved plan.

    North Dakota Administrative Code Chapter 33-15-12, Standards of 
Performance for New Stationary Sources, is removed from the approved 
plan. This change is a result of the State's September 10, 1997 request 
for delegation of authority to implement and enforce the Clean Air Act 
New Source Performance Standards (NSPS) promulgated in 40 CFR Part 60, 
as in effect on October 1, 1996 (except subpart Eb, which the State has 
not adopted). EPA granted that delegation of authority on May 28, 1998.

[63 FR 45727, Aug. 27, 1998]



Sec. 52.1836  Change to approved plan.

    North Dakota Administrative Code Chapter 33-15-13, National Emission 
Standards for Hazardous Air Pollutants, is removed from the approved 
plan. This change is a result of EPA's July 7, 1995 interim approval of 
North Dakota's Title V Operating Permit program, in which it granted 
delegation of authority to North Dakota to implement and enforce Clean 
Air Act section 112 requirements. That delegation of authority includes, 
among other things, the NESHAPs promulgated in 40 CFR part 61 (``part 61 
NESHAPs''). With a September 10, 1997 submittal, the State requested 
delegation of authority to implement and enforce the Clean Air Act part 
61 NESHAPSs (except subparts B, H, K, Q, R, T, and W, pertaining to 
radionuclides), as in effect on October 1, 1996. EPA did not act on the 
State's request for delegation of authority for 40 CFR part 61, subpart 
I (regarding radionuclide emissions from facilities licensed by the 
Nuclear Regulatory Commission and other Federal facilities not covered 
by subpart H) because EPA rescinded subpart I subsequent to the State's 
adoption of these revisions.

[67 FR 62398, Oct. 7, 2002]



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.

[[Page 656]]

    (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-
15-18, 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

[[Page 657]]

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, 33-15-14-02.5.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.

[[Page 658]]

    (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 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

[[Page 659]]

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.
    (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

[[Page 660]]

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, 33-15-01-17, 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.

[[Page 661]]

    (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. 
52.1837, 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) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Ohio under Section 110 of the Clean Air 
Act, 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 September 
1, 2015, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section with 
an EPA approval date after September 1, 2015, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 5 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 
September 1, 2015.
    (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 or the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to: 
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA approved regulations.

                                          EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
                                                    Ohio effective
         Ohio citation             Title/Subject         date           EPA Approval date            Notes
----------------------------------------------------------------------------------------------------------------
                    Chapter 3745-14 Nitrogen Oxides--Reasonably Available Control Technology
----------------------------------------------------------------------------------------------------------------
3745-14-01.....................  Definitions and        10/18/2010  11/14/2013, 78 FR 68367..
                                  General
                                  Provisions.
3745-14-02.....................  The NOX                 7/18/2002  8/5/2003, 68 FR 46089....
                                  Authorized
                                  Account
                                  Representative.
3745-14-03.....................  The NOX Budget          5/25/2004  6/27/2005, 70 FR 36845...
                                  Permit.
3745-14-04.....................  Compliance              7/18/2002  8/5/2003, 68 FR 46089....
                                  Certification.
3745-14-05.....................  NOX Allowance           7/17/2006  2/13/2008, 73 FR 8197....
                                  Allocations.
3745-14-06.....................  The NOX Allowance      10/18/2010  11/14/2013, 78 FR 68367..
                                  Tracking System.
3745-14-07.....................  NOX Allowance           7/18/2002  8/5/2003, 68 FR 46089....
                                  Transfers.
3745-14-08.....................  Monitoring and          7/18/2002  8/5/2003, 68 FR 46089....
                                  Reporting.

[[Page 662]]

 
3745-14-09.....................  NOX Budget Opt-in       7/18/2002  8/5/2003, 68 FR 46089....
                                  Units.
3745-14-10.....................  Alternative             7/18/2002  8/5/2003, 68 FR 46089....
                                  Compliance Plans.
3745-14-11.....................  Portland Cement         7/18/2002  8/5/2003, 68 FR 46089....
                                  Kilns.
3745-14-12.....................  Stationary               5/7/2005  2/4/2008, 73 FR 6427.....
                                  Internal
                                  Combustion
                                  Engines.
----------------------------------------------------------------------------------------------------------------
                           Chapter 3745-15 General Provisions on Air Pollution Control
----------------------------------------------------------------------------------------------------------------
3745-15-01.....................  Definitions......       1/22/2009  5/10/2010, 75 FR 25770...
3745-15-02.....................  Purpose..........       1/25/1980  10/1/1982, 47 FR 43375...
3745-15-03.....................  Submission of           6/30/2008  2/20/2013, 78 FR 11748...  Only (A).
                                  Emission
                                  Information.
3745-15-04.....................  Measurement of          1/25/1980  10/1/1982, 47 FR 43375...
                                  Emissions of Air
                                  Contaminants.
3745-15-05.....................  De Minimis Air          1/22/2009  5/10/2010, 75 FR 25770...
                                  Contaminant
                                  Source Exemption.
3745-15-06.....................  Malfunction of          1/25/1980  10/1/1982, 47 FR 43375...
                                  Equipment;
                                  Scheduled
                                  Maintenance;
                                  Reporting.
3745-15-07.....................  Air Pollution           5/17/1982  8/13/1984, 49 FR 32182...
                                  Nuisances
                                  Prohibited.
3745-15-08.....................  Circumvention....       1/25/1980  10/1/1982, 47 FR 43375...
3745-15-09.....................  Severability.....       1/25/1980  10/1/1982, 47 FR 43375...
----------------------------------------------------------------------------------------------------------------
                                    Chapter 3745-16 Stack Height Requirements
----------------------------------------------------------------------------------------------------------------
3745-16-01.....................  Definitions......        3/5/1986  8/25/1988, 53 FR 32392...
3745-16-02.....................  Good Engineering         3/5/1986  8/25/1988, 53 FR 32392...
                                  Practice Stack
                                  Height
                                  Requirements.
----------------------------------------------------------------------------------------------------------------
                                  Chapter 3745-17 Particulate Matter Standards
----------------------------------------------------------------------------------------------------------------
3745-17-01.....................  Definitions......        2/1/2008  10/26/2010, 75 FR 65567..
3745-17-02.....................  Ambient Air              2/1/2008  10/26/2010, 75 FR 65567..
                                  Quality
                                  Standards.
3745-17-03.....................  Measurement             4/18/2009  4/3/2013, 78 FR 19990....
                                  Methods and
                                  Procedures.
3745-17-04.....................  Compliance Time          2/1/2008  12/27/2008, 75 FR 65567..
                                  Schedules.
3745-17-07.....................  Control of               2/1/2008  10/26/2010, 75 FR 65567..  Includes Ohio EPA
                                  Visible                                                       Engineering
                                  Particulate                                                   Guide 13,
                                  Emissions from                                                revised 6/27/
                                  Stationary                                                    1980, and
                                  Sources.                                                      Engineering
                                                                                                Guide 15,
                                                                                                revised 7/15/
                                                                                                1980.
3745-17-08.....................  Restriction of           2/1/2008  10/26/2010, 75 FR 65567..
                                  Emission of
                                  Fugitive Dust.
3745-17-09.....................  Restrictions on          2/1/2008  10/26/2010, 75 FR 65567..
                                  Particulate
                                  Emissions and
                                  Odors from
                                  Incinerators.
3745-17-10.....................  Restrictions on          2/1/2008  10/26/2010, 75 FR 65567..
                                  Particulate
                                  Emissions from
                                  Fuel Burning
                                  Equipment.
3745-17-11.....................  Restrictions on        12/13/2011  3/29/2013, 78 FR 19128...
                                  Particulate
                                  Emissions from
                                  Industrial
                                  Processes.
3745-17-12.....................  Additional               2/1/2008  10/26/2010, 75 FR 65567..
                                  Restrictions on
                                  Particulate
                                  Emissions from
                                  Specific Air
                                  Contaminant
                                  Sources in
                                  Cuyahoga County.
3745-17-13.....................  Additional               2/1/2008  10/26/2010, 75 FR 65567..
                                  Restrictions on
                                  Particulate
                                  Emissions from
                                  Specific Air
                                  Contaminant
                                  Sources in
                                  Jefferson County.
3745-17-14.....................  Contingency Plan        4/18/2009  10/26/2010, 75 FR 65572..
                                  Requirements for
                                  Cuyahoga and
                                  Jefferson
                                  Counties.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 3745-18 Sulfur Dioxide Regulations
----------------------------------------------------------------------------------------------------------------
3745-18-01.....................  Definitions and          4/3/2011  11/19/2013, 78 FR 69299..
                                  Incorporation by
                                  Reference.
3745-18-02.....................  Ambient Air             1/23/2006  3/21/2008,...............
                                  Quality                           73 FR 15083..............
                                  Standards;
                                  Sulfur Dioxide.
3745-18-03.....................  Attainment Dates        2/17/2011  11/19/2013, 78 FR 69299..
                                  and Compliance
                                  Time Schedules.

[[Page 663]]

 
3745-18-04.....................  Measurement             2/17/2011  11/19/2013, 78 FR 69299..  except (D)(2),
                                  Methods and                                                   (D)(3), (D)(5),
                                  Procedures.                                                   (D)(6), (D)(9),
                                                                                                (E)(2), (E)(3),
                                                                                                and (E)(4).
3745-18-05.....................  Ambient and             2/17/2011  11/19/2013, 78 FR 69299..
                                  Meteorological
                                  Monitoring
                                  Requirements.
3745-18-06.....................  General Emission        2/17/2011  11/19/2013, 78 FR 69299..
                                  Limit Provisions.
3745-18-07.....................  Adams County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-08.....................  Allen County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-09.....................  Ashland County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-10.....................  Ashtabula County        2/17/2011  11/19/2013, 78 FR 69299..
                                  Emissions Limits.
3745-18-11.....................  Athens County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-12.....................  Auglaize County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-13.....................  Belmont County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-14.....................  Brown County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-15.....................  Butler County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-16.....................  Carroll County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-17.....................  Champaign County        2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-18.....................  Clark County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-19.....................  Clermont County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-20.....................  Clinton County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-21.....................  Columbiana County       2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-22.....................  Coshocton County        2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-23.....................  Crawford County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-24.....................  Cuyahoga County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-25.....................  Darke County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-26.....................  Defiance County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-27.....................  Delaware County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-28.....................  Erie County             2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-29.....................  Fairfield County        2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-30.....................  Fayette County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-31.....................  Franklin County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-32.....................  Fulton County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-33.....................  Gallia County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-34.....................  Geauga County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-35.....................  Greene County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-36.....................  Guernsey County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-37.....................  Hamilton County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-38.....................  Hancock County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-39.....................  Hardin County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-40.....................  Harrison County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-41.....................  Henry County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-42.....................  Highland County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limit.
3745-18-43.....................  Hocking County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-44.....................  Holmes County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-45.....................  Huron County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-46.....................  Jackson County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-47.....................  Jefferson County        2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-48.....................  Knox County             2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-49.....................  Lake County             2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-50.....................  Lawrence County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-51.....................  Licking County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-52.....................  Logan County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-53.....................  Lorain County           1/23/2006  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-54.....................  Lucas County             4/3/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-55.....................  Madison County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-56.....................  Mahoning County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-57.....................  Marion County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-58.....................  Medina County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-59.....................  Meigs County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-60.....................  Mercer County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-61.....................  Miami County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-62.....................  Monroe County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-63.....................  Montgomery County       2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-64.....................  Morgan County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-65.....................  Morrow County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-66.....................  Muskingum County        2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-67.....................  Noble County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-68.....................  Ottawa County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.

[[Page 664]]

 
3745-18-69.....................  Paulding County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-70.....................  Perry County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-71.....................  Pickaway County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-72.....................  Pike County             2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-73.....................  Portage County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-74.....................  Preble County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-75.....................  Putnam County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-76.....................  Richland County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-77.....................  Ross County             2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-78.....................  Sandusky County         1/23/2006  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-79.....................  Scioto County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-80.....................  Seneca County           1/23/2006  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-81.....................  Shelby County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-82.....................  Stark County             4/3/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-83.....................  Summit County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-84.....................  Trumbull County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-85.....................  Tuscarawas County       2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-86.....................  Union County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-87.....................  Van Wert County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-88.....................  Vinton County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-89.....................  Warren County           2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-90.....................  Washington County       1/23/2006  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-91.....................  Wayne County            2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-92.....................  Williams County         2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-93.....................  Wood County             2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
3745-18-94.....................  Wyandot County          2/17/2011  11/19/2013, 78 FR 69299..
                                  Emission Limits.
----------------------------------------------------------------------------------------------------------------
                                     Chapter 3745-19 Open Burning Standards
----------------------------------------------------------------------------------------------------------------
3745-19-01.....................  Definitions......        7/7/2006  3/21/2008, 73 FR 15081...
3745-19-02.....................  Relations to             7/7/2006  3/21/2008, 73 FR 15081...
                                  Other
                                  Prohibitions.
3745-19-03.....................  Open Burning in          7/7/2006  3/21/2008, 73 FR 15081...
                                  Restricted Areas.
3745-19-04.....................  Open Burning in          7/7/2006  3/21/2008, 73 FR 15081...
                                  Unrestricted
                                  Areas.
3745-19-05.....................  Permission to            7/7/2006  3/21/2008, 73 FR 15081...
                                  Individuals and
                                  Notification to
                                  the Ohio EPA.
----------------------------------------------------------------------------------------------------------------
  Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
----------------------------------------------------------------------------------------------------------------
3745-21-01.....................  Definitions......       5/12/2011  4/29/2013, 78 FR 24990...
3745-21-02.....................  Ambient Air             8/25/2008  7/28/2009, 74 FR 37171...
                                  Quality
                                  Standards and
                                  Guidelines.
3745-21-03.....................  Methods of              8/25/2008  7/28/2009, 74 FR 37171...
                                  Ambient Air
                                  Quality
                                  Measurement.
3745-21-04.....................  Compliance Time          4/2/2009  7/28/2009, 74 FR 37171...
                                  Schedules.
3745-21-06.....................  Classification of       8/25/2008  7/28/2009, 74 FR 37171...
                                  Regions.
3745-21-07.....................  Control of              2/18/2008  8/19/2011, 76 FR 51901...
                                  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).
3745-21-08.....................  Control of Carbon       8/25/2008  7/28/2009, 74 FR 37171...
                                  Monoxide
                                  Emissions from
                                  Stationary
                                  Sources.
3745-21-09.....................  Control of              1/17/2014  10/18/2016, 81 FR 71633..  except (U)(1)(h).
                                  Emissions of
                                  Volatile Organic
                                  Compounds from
                                  Stationary
                                  Sources and
                                  Perchloroethylen
                                  e from Dry
                                  Cleaning
                                  Facilities.
3745-21-10.....................  Compliance Test         8/25/2008  7/28/2009, 74 FR 37171...
                                  Methods and
                                  Procedures.
3745-21-12.....................  Control of              8/25/2008  7/28/2009, 74 FR 37171...
                                  Volatile Organic
                                  Compound
                                  Emissions from
                                  Commercial
                                  Bakery Oven
                                  Facilities.
3745-21-13.....................  Control of              8/25/2008  7/28/2009, 74 FR 37171...
                                  Volatile Organic
                                  Compound
                                  Emissions from
                                  Reactors and
                                  Distillation
                                  Units Employed
                                  in SOCMI
                                  Chemical
                                  Production.

[[Page 665]]

 
3745-21-14.....................  Control of               4/2/2009  7/28/2009, 74 FR 37171...
                                  Volatile Organic
                                  Compound
                                  Emissions from
                                  Process Vents in
                                  Batch Operations.
3745-21-15.....................  Control of              8/25/2008  7/28/2009, 74 FR 37171...
                                  Volatile Organic
                                  Compound
                                  Emissions from
                                  Wood Furniture
                                  Manufacturing
                                  Operations.
3745-21-16.....................  Control of               4/2/2009  7/28/2009, 74 FR 37171...
                                  Volatile Organic
                                  Compound
                                  Emissions from
                                  Industrial
                                  Wastewater.
3745-21-17.....................  Portable Fuel           6/21/2007  10/14/2009, 74 FR 52691..
                                  Containers.
3745-21-18.....................  Commercial Motor         4/2/2009  7/28/2009, 74 FR 37171...
                                  Vehicle and
                                  Mobile Equipment
                                  Refinishing
                                  Operations.
3745-21-19.....................  Control of              8/25/2008  7/28/2009, 74 FR 37171...
                                  Volatile Organic
                                  Compound
                                  Emissions from
                                  Aerospace
                                  Manufacturing
                                  and Rework
                                  Facilities.
3745-21-20.....................  Control of              8/25/2008  7/28/2009, 74 FR 37171...
                                  Volatile Organic
                                  Emissions from
                                  Shipbuilding and
                                  Ship Repair
                                  Operations
                                  (Marine
                                  Coatings).
3745-21-21.....................  Storage of              5/12/2011  4/29/2013, 78 FR 24990...
                                  Volatile Organic
                                  Liquids in Fixed
                                  Roof Tanks and
                                  External
                                  Floating Roof
                                  Tanks.
3745-21-22.....................  Control of              2/10/2010  4/6/2011, 73 FR 18893....
                                  Volatile Organic
                                  Compound
                                  Emissions from
                                  Offset
                                  Lithographic
                                  Printing and
                                  Letterpress
                                  Printing
                                  Facilities.
3745-21-23.....................  Control of              5/12/2011  4/29/2013, 78 FR 24990...
                                  Volatile Organic
                                  Compound
                                  Emissions from
                                  Industrial
                                  Solvent Cleaning
                                  Operations.
3745-21-24.....................  Flat Wood               5/12/2011  4/29/2013, 78 FR 24990...
                                  Paneling
                                  Coatings.
3745-21-25.....................  Control of VOC         11/11/2010  7/13/2011, 76 FR 41086...
                                  Emissions from
                                  Reinforced
                                  Plastic
                                  Composites
                                  Production
                                  Operations.
3745-21-27.....................  Boat                    5/12/2011  4/29/2013, 78 FR 24990...
                                  Manufacturing.
3745-21-28.....................  Miscellaneous           5/12/2011  4/29/2013, 78 FR 24990...
                                  Industrial
                                  Adhesives and
                                  Sealants.
3745-21-29.....................  Control of              5/12/2011  4/29/2013, 78 FR 24990...
                                  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.
----------------------------------------------------------------------------------------------------------------
                                    Chapter 3745-23 Nitrogen Oxide Standards
----------------------------------------------------------------------------------------------------------------
3745-23-01.....................  Definitions......       4/18/2009  10/26/2010, 75 FR 65572..
3745-23-02.....................  Methods of              4/18/2009  10/26/2010, 75 FR 65572..
                                  Measurement.
----------------------------------------------------------------------------------------------------------------
                               Chapter 3745-24 Nitrogen Oxide Emission Statements
----------------------------------------------------------------------------------------------------------------
3745-24-01.....................  Definitions......      12/16/2005  9/27/2007, 72 FR 54844...
3745-24-02.....................  Applicability....      12/16/2005  9/27/2007, 72 FR 54844...
3745-24-03.....................  Deadlines for the      12/16/2005  9/27/2007, 72 FR 54844...
                                  Submission of
                                  the Emission
                                  Statements.
3745-24-04.....................  Emission                 4/1/1994  10/13/1994, 59 FR 51863..
                                  Statement
                                  Requirements.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 3745-25 Emergency Episode Standards
----------------------------------------------------------------------------------------------------------------
3745-25-01.....................  Definitions......       4/18/2009  10/26/2010, 75 FR 65572..
3745-25-02.....................  Ambient Air             4/18/2009  10/26/2010, 75 FR 65572..
                                  Quality
                                  Standards.
3745-25-03.....................  Air Pollution           8/21/2009  10/26/2010, 75 FR 65572..
                                  Emergencies and
                                  Episode Criteria.
3745-25-04.....................  Air Pollution           4/18/2009  10/26/2010, 75 FR 65572..
                                  Emergency
                                  Emission Control
                                  Action Programs.
3745-25-05.....................  Air Pollution           4/18/2009  10/26/2010, 75 FR 65572..
                                  Emergency Orders.
----------------------------------------------------------------------------------------------------------------

[[Page 666]]

 
                                Chapter 3745-26 I/M Program Rules and Regulations
----------------------------------------------------------------------------------------------------------------
3745-26-01.....................  Definitions......       8/15/1996  1/6/1997, 62 FR 646......
3745-26-02.....................  Obligations of          6/13/1994  4/4/1995, 60 FR 16989....
                                  the Motor
                                  Vehicle Owner in
                                  the Anti-
                                  tampering and
                                  Basic Automobile
                                  Inspection and
                                  Maintenance
                                  Programs.
3745-26-03.....................  Inspection              5/15/1990  12/17/1993, 58 FR 65933..
                                  Station
                                  Licensing
                                  Procedure.
3745-26-04.....................  Licensed                5/15/1990  12/17/1993, 58 FR 65933..
                                  Inspection
                                  Station
                                  Requirements and
                                  Obligations.
3745-26-05.....................  Provisions for          5/15/1990  12/17/1993, 58 FR 65933..
                                  Qualification as
                                  a Class B
                                  Inspection
                                  Station.
3745-26-06.....................  Requirements for        5/15/1990  12/17/1993, 58 FR 65933..
                                  Certified
                                  Inspectors.
3745-26-07.....................  Suspension or           5/15/1990  12/17/1993, 58 FR 65933..
                                  Revocation of
                                  Inspection
                                  Station License
                                  or Inspector
                                  Certification.
3745-26-08.....................  Procedure for           5/15/1990  12/17/1993, 58 FR 65933..
                                  Station Change
                                  of Ownership,
                                  Name, or
                                  Location, or
                                  Cessation of
                                  Inspection
                                  Operation.
3745-26-09.....................  Fee System.......       5/15/1990  12/17/1993, 58 FR 65933..
3745-26-10.....................  Requirements for        6/13/1994  4/4/1995, 60 FR 16989....
                                  Contractors in
                                  the Basic
                                  Enhanced or Opt-
                                  in Enhanced
                                  Automobile
                                  Inspection and
                                  Maintenance
                                  Program.
3745-26-11.....................  Inspection              5/15/1990  12/17/1993, 58 FR 65933..
                                  Requirements.
3745-26-12.....................  Requirements for        8/15/1996  1/6/1997, 62 FR 646......
                                  Motor Vehicle
                                  Owners in the
                                  Enhanced or Opt-
                                  in Enhanced
                                  Automobile
                                  Inspection and
                                  Maintenance
                                  Program.
3745-26-13.....................  Requirements for        6/13/1994  4/4/1995, 60 FR 16989....
                                  Certified
                                  Inspectors in
                                  the Enhanced or
                                  Opt-in Enhanced
                                  Automobile
                                  Inspection and
                                  Maintenance
                                  Program.
3745-26-14.....................  Enforcement of          6/13/1994  4/4/1995, 60 FR 16989....
                                  Program Rules
                                  and Regulations
                                  for the Enhanced
                                  or Opt-in
                                  Enhanced
                                  Automobile
                                  Inspection and
                                  Maintenance
                                  Program.
----------------------------------------------------------------------------------------------------------------
             Chapter 3745-31 Permit-to Install New Sources and Permit-to-Install and Operate Program
----------------------------------------------------------------------------------------------------------------
3745-31-01.....................  Definitions......       5/29/2014  6/25/2015, 80 FR 36477...  Except for (I),
                                                                                                (SSS)(1)(b),
                                                                                                (QQQQ), (JJJJJ),
                                                                                                (BBBBBB).
3745-31-02.....................  Applicability,          5/29/2014  6/25/2015, 80 FR 36477...
                                  Requirements,
                                  and Obligations.
3745-31-03.....................  Exemptions.......       6/30/2008  2/20/2013, 78 FR 11748...
3745-31-04.....................  Applications.....       5/29/2014  6/25/2015, 80 FR 36477...
3745-31-05.....................  Criteria for           11/30/2001  1/22/2003, 68 FR 2909....
                                  Decision by the
                                  Director.
3745-31-06.....................  Completeness            5/29/2014  6/25/2015, 80 FR 36477...
                                  Determinations,
                                  Processing
                                  Requirements,
                                  Public
                                  Participation,
                                  Public Notice,
                                  and Issuance.
3745-31-07.....................  Termination,            5/29/2014  6/25/2015, 80 FR 36477...
                                  Revocation,
                                  Expiration,
                                  Renewal,
                                  Revision and
                                  Transfer.
3745-31-08.....................  Registration            5/29/2014  6/25/2015, 80 FR 36477...
                                  Status Permit-to-
                                  operate.
3745-31-09.....................  Variances on            5/29/2014  6/25/2015, 80 FR 36477...
                                  Operation.
3745-31-10.....................  NSR Projects at         5/29/2014  6/25/2015, 80 FR 36477...
                                  Existing
                                  Emissions Units
                                  at a Major
                                  Stationary
                                  Source.
3745-31-11.....................  Attainment              5/29/2014  6/25/2015, 80 FR 36477...
                                  Provisions--Ambi
                                  ent Air
                                  Increments,
                                  Ceilings, and
                                  Classifications.
3745-31-12.....................  Attainment              5/29/2014  6/25/2015, 80 FR 36477...
                                  Provisions--Data
                                  Submission
                                  Requirements.

[[Page 667]]

 
3745-31-13.....................  Attainment              5/29/2014  10/28/2014, 79 FR 64119..
                                  Provisions--Revi
                                  ew of Major
                                  Stationary
                                  Sources and
                                  Major
                                  Modifications,
                                  Stationary
                                  Source
                                  Applicability
                                  and Exemptions.
3745-31-14.....................  Attainment              5/29/2014  6/25/2015, 80 FR 36477...
                                  Provisions--Prea
                                  pplication
                                  Analysis.
3745-31-15.....................  Attainment              5/29/2014  6/25/2015, 80 FR 36477...
                                  Provisions--Cont
                                  rol Technology
                                  Review.
3745-31-16.....................  Attainment              5/29/2014  10/28/2014, 79 FR 64119..
                                  Provisions--Majo
                                  r Stationary
                                  Source Impact
                                  Analysis.
3745-31-17.....................  Attainment              5/29/2014  6/25/2015, 80 FR 36477...
                                  Provisions--Addi
                                  tional Impact
                                  Analysis.
3745-31-18.....................  Attainment              5/29/2014  6/25/2015, 80 FR 36477...
                                  Provisions--Air
                                  Quality Models.
3745-31-19.....................  Attainment              5/29/2014  6/25/2015, 80 FR 36477...
                                  Provisions--Noti
                                  ce to the United
                                  States
                                  Environmental
                                  Protection
                                  Agency.
3745-31-20.....................  Attainment              5/29/2014  6/25/2015, 80 FR 36477...
                                  Provisions--Inno
                                  vative Control
                                  Technology.
3745-31-21.....................  Nonattainment           5/29/2014  6/25/2015, 80 FR 36477...
                                  Provisions--Revi
                                  ew of Major
                                  Stationary
                                  Sources and
                                  Major
                                  Modifications--S
                                  tationary Source
                                  Applicability
                                  and Exemptions.
3745-31-22.....................  Nonattainment           5/29/2014  6/25/2015, 80 FR 36477...  Except for
                                  Provisions--Cond                                              (A)(3)(b).
                                  itions for
                                  Approval.
3745-31-23.....................  Nonattainment           5/29/2014  6/25/2015, 80 FR 36477...  Except for the 1-
                                  provisions--stat                                              hour NO2
                                  ionary sources                                                Significant
                                  locating in                                                   Impact Level in
                                  designated clean                                              the table in
                                  or                                                            paragraph (A).
                                  unclassifiable
                                  areas which
                                  would cause or
                                  contribute to a
                                  violation of a
                                  national ambient
                                  air quality
                                  standard.
3745-31-24.....................  Nonattainment           5/29/2014  6/25/2015, 80 FR 36477...  Except for (F).
                                  Provisions--Base
                                  line for
                                  Determining
                                  Credit for
                                  Emission and Air
                                  Quality Offsets.
3745-31-25.....................  Nonattainment           5/29/2014  6/25/2015, 80 FR 36477...
                                  provisions--loca
                                  tion of
                                  offsetting
                                  emissions.
3745-31-26.....................  Nonattainment           5/29/2014  6/25/2015, 80 FR 36477...  Except for (D).
                                  Provisions--Offs
                                  et Ratio
                                  Requirements.
3745-31-27.....................  Nonattainment           5/29/2014  6/25/2015, 80 FR 36477...  Except for
                                  Provisions--Admi                                              (A)(1)(b).
                                  nistrative
                                  Procedures for
                                  Emission Offsets.
3745-31-29.....................  General Permit-to-      5/29/2014  6/25/2015, 80 FR 36477...
                                  install and
                                  General PTIO.
3745-31-32.....................  Plantwide               5/29/2014  6/25/2015, 80 FR 36477...
                                  Applicability
                                  Limit (PAL).
----------------------------------------------------------------------------------------------------------------
                                           Chapter 3745-45 Permit Fees
----------------------------------------------------------------------------------------------------------------
3745-45-01.....................  Definitions......      11/24/1973  11/24/1981, 46 FR 57490..
3745-45-02.....................  Certification          11/24/1973  11/24/1981, 46 FR 57490..
                                  Fees.
3745-45-03.....................  Water Discharge        11/24/1973  11/24/1981, 46 FR 57490..
                                  Permit Fees.
3745-45-04.....................  Air Contaminant        11/24/1973  11/24/1981, 46 FR 57490..
                                  Source Operation
                                  Permit and
                                  Variance Fees.
3745-45-05.....................  Exemptions.......      11/24/1973  11/24/1981, 46 FR 57490..
----------------------------------------------------------------------------------------------------------------
                                        Chapter 3745-47 Procedural Rules
----------------------------------------------------------------------------------------------------------------
3745-47-01.....................  Applicability....       6/30/1981  1/10/2003, 68 FR 1366....
3745-47-02.....................  Construction of         6/30/1981  1/10/2003, 68 FR 1366....
                                  Rules and
                                  Regulations.
3745-47-03.....................  Definitions......       6/30/1981  1/10/2003, 68 FR 1366....
3745-47-05.....................  Draft or Proposed       6/30/1981  1/10/2003, 68 FR 1366....
                                  Action.
3745-47-07.....................  Notice...........       6/30/1981  1/10/2003, 68 FR 1366....
3745-47-08.....................  Contents of             6/30/1981  1/10/2003, 68 FR 1366....  Only (D).
                                  Public Notices.
----------------------------------------------------------------------------------------------------------------
                                         Chapter 3745-71 Lead Emissions
----------------------------------------------------------------------------------------------------------------
3745-71-01.....................  Definitions and         10/4/1994  10/27/1995, 60 FR 54946..
                                  Reference to
                                  Materials.

[[Page 668]]

 
3745-71-03.....................  Methods of              10/4/1994  10/27/1995, 60 FR 54946..
                                  Ambient Air
                                  Measurement.
3745-71-05.....................  Emissions Test          10/4/1994  10/27/1995, 60 FR 54946..
                                  Methods and
                                  Procedures and
                                  Reporting
                                  Requirements for
                                  New and Existing
                                  Sources.
3745-71-06.....................  Source Specific         10/4/1994  10/27/1995, 60 FR 54946..
                                  Emission Limits.
----------------------------------------------------------------------------------------------------------------
                            Chapter 3745-72 Low Reid Vapor Pressure Fuel Requirements
----------------------------------------------------------------------------------------------------------------
3745-72-01.....................  Applicability....        8/1/2016  4/7/2017, 82 FR 16932....  Only (A) to (C).
3745-72-02.....................  Definitions......       5/12/2011  4/29/2013, 78 FR 24990...
3745-72-03.....................  Gasoline                1/16/2006  5/25/2007, 72 FR 29269...
                                  Volatility
                                  Standards and
                                  General
                                  Provisions.
3745-72-04.....................  Transfer                1/16/2006  5/25/2007, 72 FR 29269...
                                  Documentation
                                  and
                                  Recordkeeping.
3745-72-05.....................  Liability........       5/12/2011  4/29/2013, 78 FR 24990...
3745-72-06.....................  Defenses.........       5/12/2011  4/29/2013, 78 FR 24990...
3745-72-07.....................  Special                 1/16/2006  5/25/2007, 72 FR 29269...
                                  Provisions for
                                  Alcohol Blends.
3745-72-08.....................  Quality Assurance       1/16/2006  5/25/2007, 72 FR 29269...
                                  and Test Methods.
----------------------------------------------------------------------------------------------------------------
                            Chapter 3745-75 Infectious Waste Incinerator Limitations
----------------------------------------------------------------------------------------------------------------
3745-75-01.....................  Applicability,          3/23/2004  7/5/2007, 72 FR 36605....
                                  Definitions, and
                                  Reference to
                                  Materials.
3745-75-02.....................  Emission Limits..       3/23/2004  7/5/2007, 72 FR 36605....  Except (I)(1),
                                                                                                (I)(2), (I)(4),
                                                                                                and (I)(7).
3745-75-03.....................  Design Parameters       3/23/2004  7/5/2007, 72 FR 36605....
                                  and Operating
                                  Restrictions.
3745-75-04.....................  Monitoring              3/23/2004  7/5/2007, 72 FR 36605....
                                  Requirements.
3745-75-05.....................  Recordkeeping and       3/23/2004  7/5/2007, 72 FR 36605....
                                  Inspections.
3745-75-06.....................  Certification and       3/23/2004  7/5/2007, 72 FR 36605....
                                  Compliance Time
                                  Schedules.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 3745-101 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
3745-101-02....................  Definitions......       2/16/1999  5/30/2000, 65 FR 34395...
3745-101-03....................  Applicability,          2/16/1999  5/30/2000, 65 FR 34395...  Only (A), (B),
                                  Priority, and                                                 (C), (D), (G),
                                  Frequency of                                                  (H), (I), (J),
                                  Conformity                                                    (K), and (L).
                                  Determinations.
3745-101-05....................  Content of              2/16/1999  5/30/2000, 65 FR 34395...
                                  Transportation
                                  Plans.
3745-101-06....................  Relationship with       2/16/1999  5/30/2000, 65 FR 34395...
                                  NEPA and Fiscal
                                  Constraints.
3745-101-07....................  Criteria and            2/16/1999  5/30/2000, 65 FR 34395...  Only (A), (B),
                                  Procedures for                                                and (C) Except
                                  Conformity                                                    (C)(1)(a) and
                                  Determination,                                                (C)(2)(a).
                                  Assumptions,
                                  Emissions Model,
                                  and Consultation.
3745-101-08....................  Criteria and            2/16/1999  5/30/2000, 65 FR 34395...
                                  Procedures for
                                  Implementation
                                  of TCMs, Current
                                  Conformity, and
                                  Projects from a
                                  Plan and TIP.
3745-101-09....................  Localized CO and        2/16/1999  5/30/2000, 65 FR 34395...
                                  PM10 Violations
                                  and Compliance
                                  with PM10
                                  Control Measures.
3745-101-10....................  Motor Vehicle           2/16/1999  5/30/2000, 65 FR 34395...
                                  Emissions
                                  Budgets.
3745-101-11....................  Criteria and            2/16/1999  5/30/2000, 65 FR 34395...
                                  Procedures:
                                  Emission
                                  Reductions in
                                  Areas without
                                  Motor Vehicle
                                  Emissions
                                  Budgets.
3745-101-12....................  Consequences of         2/16/1999  5/30/2000, 65 FR 34395...  Except for
                                  Control Strategy                                              (A)(2).
                                  Implementation
                                  Plan Failures.
3745-101-13....................  Requirements for        2/16/1999  5/30/2000, 65 FR 34395...  Except for
                                  Adoption or                                                   (A)(1).
                                  Approval of
                                  Projects by
                                  Other Recipients
                                  of Funds
                                  Designated Under
                                  Title 23 U.S.C.
                                  or the Federal
                                  Transit Laws.
3745-101-14....................  Procedures for          2/16/1999  5/30/2000, 65 FR 34395...
                                  Determining
                                  Regional
                                  Transportation-
                                  related
                                  Emissions.

[[Page 669]]

 
3745-101-15....................  Procedures for          2/16/1999  5/30/2000, 65 FR 34395...
                                  Determining
                                  Localized CO and
                                  PM10
                                  Concentrations
                                  (Hot-spot
                                  Analysis).
3745-101-17....................  Enforceability of       2/16/1999  5/30/2000, 65 FR 34395...
                                  Design Concept
                                  and Scope and
                                  Project-level
                                  Mitigation and
                                  Control Measures.
3745-101-18....................  Exempt Projects..       2/16/1999  5/30/2000, 65 FR 34395...
3745-101-19....................  Traffic Signal          2/16/1999  5/30/2000, 65 FR 34395...
                                  Synchronization
                                  Projects.
----------------------------------------------------------------------------------------------------------------
                               Chapter 3745-102 General Federal Action Conformity
----------------------------------------------------------------------------------------------------------------
3745-102-01....................  Purpose..........       8/21/1995  3/11/1996, 61 FR 9644....
3745-102-02....................  Definitions......       8/21/1995  3/11/1996, 61 FR 9644....
3745-102-03....................  Applicability....       8/21/1995  3/11/1996, 61 FR 9644....
3745-102-04....................  Analysis, Other         8/21/1995  3/11/1996, 61 FR 9644....
                                  Requirements.
3745-102-05....................  Conformity              8/21/1995  3/11/1996, 61 FR 9644....
                                  Determinations.
3745-102-06....................  Mitigation of Air       8/21/1995  3/11/1996, 61 FR 9644....
                                  Quality Impacts.
----------------------------------------------------------------------------------------------------------------
                                   Chapter 3745-109 Emissions Trading Programs
----------------------------------------------------------------------------------------------------------------
3745-109-01....................  CAIR NOX Annual,        7/16/2009  11/24/2009, 74 FR 48857..
                                  CAIR SO2, and
                                  CAIR NOX Ozone
                                  Season Trading
                                  Programs
                                  Definitions and
                                  General
                                  Provisions.
3745-109-02....................  CAIR Designated         9/27/2007  9/25/2009, 74 FR 48857...
                                  Representative
                                  for CAIR NOX
                                  Sources.
3745-109-03....................  Permits..........       9/27/2007  9/25/2009, 74 FR 48857...
3745-109-04....................  CAIR NOX                7/16/2009  9/25/2009, 74 FR 48857...
                                  Allowance
                                  Allocations.
3745-109-05....................  CAIR NOX                9/27/2007  9/25/2009, 74 FR 48857...
                                  Allowance
                                  Tracking System.
3745-109-06....................  CAIR NOX                9/27/2007  9/25/2009, 74 FR 48857...
                                  Allowance
                                  Transfers.
3745-109-07....................  Monitoring and          7/16/2009  9/25/2009, 74 FR 48857...
                                  Reporting.
3745-109-08....................  CAIR NOX Opt-in         7/16/2009  9/25/2009, 74 FR 48857...
                                  Units.
3745-109-09....................  CAIR Designated         9/27/2007  9/25/2009, 74 FR 48857...
                                  Representative
                                  for CAIR SO2
                                  Sources.
3745-109-10....................  Permits..........       9/27/2007  9/25/2009, 74 FR 48857...
3745-109-11....................  CAIR SO2                7/16/2009  9/25/2009, 74 FR 48857...
                                  Allowance
                                  Tracking System.
3745-109-12....................  CAIR SO2                7/16/2009  9/25/2009, 74 FR 48857...
                                  Allowance
                                  Transfers.
3745-109-13....................  Monitoring and          7/16/2009  9/25/2009, 74 FR 48857...
                                  Reporting.
3745-109-14....................  CAIR SO2 Opt-in         7/16/2009  9/25/2009, 74 FR 48857...
                                  Units.
3745-109-15....................  CAIR Designated         9/27/2007  9/25/2009, 74 FR 48857...
                                  Representative
                                  for CAIR NOX
                                  Ozone Season
                                  Sources.
3745-109-16....................  Permits..........       9/27/2007  9/25/2009, 74 FR 48857...
3745-109-17....................  CAIR NOX Ozone          7/16/2009  9/25/2009, 74 FR 48857...
                                  Season Allowance
                                  Allocations.
3745-109-18....................  CAIR NOX Ozone          7/16/2009  9/25/2009, 74 FR 48857...
                                  Season Allowance
                                  Tracking System.
3745-109-19....................  CAIR NOX Ozone          7/16/2009  9/25/2009, 74 FR 48857...
                                  Season Allowance
                                  Transfers.
3745-109-20....................  Monitoring and          7/16/2009  9/25/2009, 74 FR 48857...
                                  Reporting.
3745-109-21....................  CAIR NOX Ozone          7/16/2009  9/25/2009, 74 FR 48857...
                                  Season Opt-in
                                  Units.
----------------------------------------------------------------------------------------------------------------
                     Chapter 3745-112 Volatile Organic Compound Limits in Consumer Products
----------------------------------------------------------------------------------------------------------------
3745-112-01....................  Definitions......       9/15/2007  8/13/2009, 74 FR 40745...
3745-112-02....................  Applicability....       9/15/2007  8/13/2009, 74 FR 40745...
3745-112-03....................  Standards........       9/15/2007  8/13/2009, 74 FR 40745...
3745-112-04....................  Exemptions.......       9/15/2007  8/13/2009, 74 FR 40745...
3745-112-05....................  Administrative          9/15/2007  8/13/2009, 74 FR 40745...
                                  Requirements.
3745-112-06....................  Reporting               9/15/2007  8/13/2009, 74 FR 40745...
                                  Requirements.
3745-112-07....................  Variances........       9/15/2007  8/13/2009, 74 FR 40745...
3745-112-08....................  Test Methods.....       9/15/2007  8/13/2009, 74 FR 40745...  .................
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved state source-specific requirements.

[[Page 670]]



                                  EPA-Approved Ohio Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
                                                    Ohio effective
         Name of source                Number            date           EPA Approval date           Comments
----------------------------------------------------------------------------------------------------------------
AK Steel Corporation...........  Director's Final        8/18/1995  4/25/1996, 61 FR 18255...
                                  Findings and
                                  Orders (DFFO).
Excello Specialty..............  PTI 13-2396......      12/11/1991  4/25/1996, 61 FR 18255...
Ford-Cleveland Casting.........  DFFO.............       7/10/1995  5/6/1996, 61 FR 20139....
Ford-Engine Plant 1............  DFFO.............       5/31/1996  2/25/1997, 62 FR 8383....
Hilton Davis...................  PTI 14-2096......       6/12/1991  4/25/1996, 61 FR 18255...
International Mill Services....  DFFO.............       7/12/1995  5/6/1996, 61 FR 20139....
International Paper Company....  DFFO.............       8/18/1995  4/25/1996, 61 FR 18255...
Luria Brothers.................  DFFO.............       7/10/1995  5/6/1996, 61 FR 20139....
Midwest Mica & Insulation Co...  DFFO.............       8/18/1995  4/25/1996, 61 FR 18255...
Morgan Adhesives Co............  DFFO.............        7/5/2000  4/17/2001, 74 FR 19721...
P.H. Glatfelter Co.--            P0118907.........        07/20/15  03/04/16, 81 FR 11447....  Regional haze
 Chillicothe.                                                                                   BART emissions
                                                                                                limits.
Reilly Industries, Inc.........  DFFO.............       8/18/1995  4/25/1996, 61 FR 18255...
Sprayon Products, Inc..........  DFFO.............       8/18/1995  4/25/1996, 61 FR 18255...
T&B Foundry Company............  DFFO.............       7/10/1995  5/6/1996, 61 FR 20139....
United Ready Mix...............  DFFO.............       7/10/1995  5/6/1996, 61 FR 20139....
Wheeling-Pittsburg Steel         DFFO.............      10/31/1995  6/12/1996, 61 FR 29662...  .................
 Corporation.
----------------------------------------------------------------------------------------------------------------

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

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                  geographical or
             Title                 non-attainment     State date           EPA approval             Comments
                                        area
----------------------------------------------------------------------------------------------------------------
                                             Legislative Provisions
----------------------------------------------------------------------------------------------------------------
Authority to Require NSR         Statewide........  ..............  1/25/1982................  ORC 3704.03 (F).
 Permits.
Local Permits for Burning        Statewide........  ..............  7/15/1985................  ORC 3704.11 (C).
 Construction Debris.
Ohio EPA Authority.............  Statewide........  ..............  1/25/1982................  ORC 3704
                                                                                                (summary).
Requirements for Board Members.  Statewide........  ..............  1/25/1982................  ORC 102
                                                                                                (summary).
Definition of Air Contaminant..  Statewide........  ..............  .........................  ORC 3704.01 (B);
                                                                                                submitted 8/26/
                                                                                                1982.
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
Ozone 1-Hour...................  Cincinnati              6/28/1999  7/5/2000, 65 FR 37879....
                                  (Butler,
                                  Clermont,
                                  Hamilton, and
                                  Warren Counties).
Ozone 1-Hour...................  Columbiana County       3/25/1994  3/10/1995, 59 FR 48395...
Ozone 1-Hour...................  Columbus                 1/1/1994  4/1/1996, 61 FR 3591.....
                                  (Franklin,
                                  Delaware and
                                  Licking
                                  Counties).
Ozone 1-Hour...................  Dayton-                 11/8/1993  7/5/1995, 60 FR 22289....
                                  Springfield
                                  (Miami,
                                  Montgomery,
                                  Clark, and
                                  Greene Counties).
Ozone 1-Hour...................  Jefferson County.       3/25/1994  3/10/1995, 58 FR 66334...
Ozone 1-Hour...................  Youngstown              3/25/1994  4/1/1996, 61 FR 3319.....
                                  (Mahoning and
                                  Trumbull
                                  Counties) and
                                  Canton (Stark
                                  County).
Ozone 8-Hour...................  Canton (Stark           6/20/2006  6/15/2007, 72 FR 27648...
                                  County).
Ozone 8-Hour...................  Cincinnati             12/14/2009  5/11/2010, 75 FR 26118...
                                  (Butler,
                                  Clermont,
                                  Clinton,
                                  Hamilton, and
                                  Warren Counties).
Ozone 8-Hour...................  Cleveland               3/17/2009  9/15/2009, 74 FR 47414...
                                  (Ashtabula,
                                  Cuyahoga,
                                  Geauga, Lake,
                                  Lorain, Medina,
                                  Portage, and
                                  Summit Counties).
Ozone 8-Hour...................  Columbiana County       2/15/2007  6/12/2007, 72 FR 32190...

[[Page 671]]

 
Ozone 8-Hour...................  Columbus                3/17/2009  9/15/2009, 74 FR 47404...
                                  (Delaware,
                                  Fairfield,
                                  Franklin, Knox,
                                  Licking, and
                                  Madison
                                  Counties).
Ozone 8-Hour...................  Dayton-                 11/6/2006  8/13/2007, 72 FR 45169...
                                  Springfield
                                  (Miami,
                                  Montgomery,
                                  Clark, and
                                  Greene Counties).
Ozone 8-Hour...................  Lima (Allen             6/20/2006  6/15/2007, 72 FR 27648...  Correction: 72 FR
                                  County).                                                      36599, effective
                                                                                                7/5/2007.
Ozone 8-Hour...................  Parkersburg-            9/22/2006  6/15/2007, 72 FR 27652...  Correction: 72 FR
                                  Marietta                                                      36599, effective
                                  (Washington                                                   7/5/2007.
                                  County).
Ozone 8-Hour...................  Steubenville-           7/31/2006  6/15/2007, 72 FR 27640...  Correction: 72 FR
                                  Weirton                                                       36599, effective
                                  (Jefferson                                                    7/5/2007.
                                  County).
Ozone 8-Hour...................  Toledo (Lucas and      12/22/2006  8/9/2007, 72 FR 44784....
                                  Wood Counties).
Ozone 8-Hour...................  Wheeling (Belmont       6/20/2006  6/15/2007, 72 FR 27644...  Correction: 72 FR
                                  County).                                                      36599, effective
                                                                                                7/5/2007
Ozone 8-Hour...................  Youngstown              2/15/2007  6/12/2007, 72 FR 32190...
                                  (Mahoning and
                                  Trumbull
                                  Counties).
PM-10..........................  Cuyahoga and            5/22/2000  1/10/2001, 65 FR 77308...
                                  Jefferson
                                  Counties.
PM2.5 (1997)...................  Canton (Stark           6/26/2012  10/22/2013, 78 FR 62459..
                                  County).
PM2.5 (1997)...................  Cincinnati              1/25/2011  12/23/2011, 76 FR 80253..
                                  (Butler,
                                  Clermont,
                                  Hamilton, and
                                  Warren Counties).
PM2.5 (1997)...................  Cleveland               10/5/2011  9/18/2013, 78 FR 57270...
                                  (Ashtabula,
                                  Cuyahoga, Lake,
                                  Lorain, Medina,
                                  Portage, and
                                  Summit Counties).
PM2.5 (1997)...................  Columbus                 6/3/2011  11/7/2013, 78 FR 66845...
                                  (Coshocton,
                                  Delaware,
                                  Fairfield,
                                  Franklin, and
                                  Licking
                                  Counties).
PM2.5 (1997)...................  Dayton-                  6/1/2011  9/26/2013, 78 FR 59258...
                                  Springfield
                                  (Clark, Greene,
                                  and Montgomery
                                  Counties).
PM2.5 (1997)...................  Huntington-              5/4/2011  12/31/2012, 77 FR 76883..
                                  Ashland (Adams,
                                  Gallia,
                                  Lawrence, and
                                  Scioto Counties).
PM2.5 (1997)...................  Parkersburg-            2/29/2012  8/29/2013, 78 FR 53275...
                                  Marietta
                                  (Washington
                                  County).
PM2.5 (1997)...................  Steubenville-           4/16/2012  9/18/2013, 78 FR 57273...
                                  Weirton
                                  (Jefferson
                                  County).
PM2.5 (1997)...................  Wheeling (Belmont       4/16/2012  8/29/2013, 78 FR 53275...
                                  County).
PM2.5 (2006)...................  Canton (Stark           6/26/2012  10/22/2013, 78 FR 62459..
                                  County).
PM2.5 (2006)...................  Cleveland               5/30/2012  9/18/2013, 78 FR 57270...
                                  (Cuyahoga, Lake,
                                  Lorain, Medina,
                                  Portage, and
                                  Summit Counties).
PM2.5 (2006)...................  Steubenville-           4/16/2012  9/18/2013, 78 FR 57273...
                                  Weirton
                                  (Jefferson
                                  County).
SO2 (1971).....................  Center Township         6/25/1992  9/21/1994, 59 FR 48403...
                                  (Morgan County)
                                  and Waterford
                                  Township
                                  (Washington
                                  County).
SO2 (1971).....................  Lake County and        10/26/1995  8/30/1999, 64 FR 47113...
                                  Steubenville/
                                  Mingo Junction
                                  (Jefferson
                                  County).
SO2 (1971).....................  Franklin Township       3/20/2000  6/5/2000, 65 FR 35577....
                                  (Coshocton
                                  County), Addison
                                  Township (Gallia
                                  County), and
                                  Lorain County.
SO2 (1971).....................  Cuyahoga and            9/27/2003  7/8/2004, 69 FR 41342....
                                  Lucas Counties.
SO2 (2010).....................  Campbell-Clermont       8/11/2015  11/21/2016, 81 FR 83159..
                                  (Pierce Township
                                  in Clermont
                                  County).

[[Page 672]]

 
CO (1979)......................  Cleveland              10/20/2005  6/1/2006, 71 FR 31097....
                                  (Cuyahoga
                                  County).
Lead (2008)....................  Bellefontaine          10/29/2013  7/28/2014, 79 FR 43655...  Includes approval
                                  (Logan County).                                               of the 10/29/
                                                                                                2013 emissions
                                                                                                inventory.
----------------------------------------------------------------------------------------------------------------
                                           Infrastructure Requirements
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2)                Statewide........       12/5/2007  7/13/2011, 76 FR 41075...  Addresses the
 infrastructure requirements                                                                    following CAA
 for the 1997 8-hour ozone                                                                      elements:
 NAAQS.                                                                                         110(a)(2)(A))-(C
                                                                                                ), (D)(ii), (E)-
                                                                                                (H), and (J)-
                                                                                                (M).
Section 110(a)(2)                Statewide........       12/5/2007  7/13/2011, 76 FR 41075...  Addresses the
 infrastructure requirements                                                                    following CAA
 for the 1997 PM2.5 NAAQS.                                                                      elements:
                                                                                                110(a)(2)(A)-(C)
                                                                                                , (D)(ii), (E)-
                                                                                                (H), and (J)-
                                                                                                (M).
Section 110(a)(2)                Statewide........        9/4/2009  10/29/2012, 77 FR 65478..  Addresses the
 infrastructure requirements                                                                    following CAA
 for the 2006 PM2.5 NAAQS.                                                                      elements:
                                                                                                110(a)(2)(A),
                                                                                                (B), (C),
                                                                                                (D)(ii), (E)(i)
                                                                                                and (E)(iii),
                                                                                                (F)-(H), (J)
                                                                                                {except
                                                                                                PSD{time} , and
                                                                                                (K)-(M).
Section 110(a)(2)                Statewide........        6/7/2013  4/7/2014, 79 FR 18999....  Addresses the
 infrastructure requirements                                                                    following CAA
 for the 2006 PM2.5 NAAQS.                                                                      elements:
                                                                                                110(a)(2)(E)(ii)
                                                                                                .
Section 110(a)(2)                Statewide........       12/2/2015  9/19/2016, 81 FR 64074...  Addresses the
 infrastructure requirements                                                                    following CAA
 for the 2012 PM2.5 NAAQS.                                                                      elements:
                                                                                                110(a)(2)(A)-(C)
                                                                                                , (D)(iii),
                                                                                                (D)(v), (E)-(H),
                                                                                                (J)(i), (J)(ii),
                                                                                                (J)(iii), (K)-
                                                                                                (M).
Section 110(a)(2)                Statewide........      10/12/2011  10/6/2014, 79 FR 60075...  Addresses the
 infrastructure requirements                                                                    following CAA
 for the 2008 lead NAAQS.                                                                       elements:
                                                                                                110(a)(2) (C),
                                                                                                (D)(i)(II),
                                                                                                (D)(ii), and the
                                                                                                PSD portion of
                                                                                                (J).
Section 110(a)(2)                Statewide........        2/8/2013  10/6/2014, 79 FR 60075...  Addresses the
 infrastructure requirements                                                                    following CAA
 for the 2010 NO2 NAAQS.                                                                        elements:
                                                                                                110(a)(2) (A) to
                                                                                                (H) and (J) to
                                                                                                (M).
Section 110(a)(2)                Statewide........      12/27/2012  6/15/2016, 81 FR 38963...  Addresses the
 infrastructure requirements                                                                    following CAA
 for the 2008 ozone NAAQS.                                                                      elements:
                                                                                                110(a)(2) (A) to
                                                                                                (H) and (J) to
                                                                                                (M).
----------------------------------------------------------------------------------------------------------------
                                             Summary of Plan Element
----------------------------------------------------------------------------------------------------------------
Particulate Matter (PM-10) Plan  Statewide........      11/14/1991  6/27/1994, 59 FR 27464...
----------------------------------------------------------------------------------------------------------------
 Summary of the 15 Percent (%) Rate of Progress (ROP) Plan Control Measures for Volatile Organic Compounds (VOC)
                                                    Emissions
----------------------------------------------------------------------------------------------------------------
Cincinnati 15% Plan............  Cincinnati              3/19/1994  3/30/1998, 63 FR 4188....  .................
                                  (Butler,
                                  Clermont,
                                  Hamilton, and
                                  Warren Counties).
----------------------------------------------------------------------------------------------------------------


[80 FR 69606, Nov. 10, 2015, as amended at 81 FR 11447, Mar. 4, 2016; 81 
FR 38963, June 15, 2016; 81 FR 64074, Sept. 19, 2016; 81 FR 71633, Oct. 
18, 2016; 81 FR 83159, Nov. 21, 2016; 82 FR 16934, Apr. 7, 2017]

    Effective Date Note: At 82 FR 24877, May 31, 2017, Sec. 52.1870 was 
amended in the table in paragraph (e) by adding a new entry for ``Lead 
(2008)'' at the end of the section titled ``Summary of Criteria 
Pollutant Maintenance Plan,'' effective July 31, 2017. For the

[[Page 673]]

convenience of the user, the added and revised text is set forth as 
follows:



Sec. 52.1870  Identification of plan.

                                * * * * *

    (e) * * *

                         EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        Applicable
              Title                  geographical or      State date        EPA approval           Comments
                                   non-attainment area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Summary of Criteria Pollutant Maintenance Plan
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lead (2008)......................  Cleveland (partial        6/29/2016  5/31/2017, 82 FR     Includes approval
                                    Cuyahoga County).                    24871.               of the 2013 lead
                                                                                              base year
                                                                                              emissions
                                                                                              inventory and
                                                                                              emission limits
                                                                                              and PMP as RACM
                                                                                              for the Ferro
                                                                                              facility.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



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

[[Page 674]]

sources covered by CTGs between January 1978 and January 1979 and 
adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered by CTGs issued by the previous January.
    (b)(1) Insofar as the Prevention of Significant Deterioration (PSD) 
provisions found in this subpart apply to stationary sources of 
greenhouse gas (GHGs) emissions, the Administrator approves that 
application only to the extent that GHGs are ``subject to regulation'', 
as provided in this paragraph (b), and the Administrator takes no action 
on that application to the extent that GHGs are not ``subject to 
regulation.''
    (2) Beginning January 2, 2011, the pollutant GHGs is subject to 
regulation if:
    (i) The stationary source is a new major stationary source for a 
regulated NSR pollutant that is not GHGs, and also will emit or will 
have the potential to emit 75,000 tpy CO2e or more; or
    (ii) The stationary source is an existing major stationary source 
for a regulated NSR pollutant that is not GHGs, and also will have an 
emissions increase of a regulated NSR pollutant, and an emissions 
increase of 75,000 tpy CO2e or more; and,
    (3) Beginning July 1, 2011, in addition to the provisions in 
paragraph (b)(2) of this section, the pollutant GHGs shall also be 
subject to regulation:
    (i) At a new stationary source that will emit or have the potential 
to emit 100,000 tpy CO2e; or
    (ii) At an existing stationary source that emits or has the 
potential to emit 100,000 tpy CO2e, when such stationary 
source undertakes a physical change or change in the method of operation 
that will result in an emissions increase of 75,000 tpy CO2e 
or more.
    (4) For purposes of this paragraph (b)--
    (i) the term greenhouse gas shall mean the air pollutant defined in 
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: 
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 
perfluorocarbons, and sulfur hexafluoride.
    (ii) The term tpy CO2 equivalent emissions 
(CO2e) shall represent an amount of GHGs emitted, and shall 
be computed as follows:
    (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

[[Page 675]]

Chemical Division; The Hoover Co.; Aluminum Co. of America; Ohio 
Greenhouse Asso.; Armco Steel Corp.; Buckeye Power, Inc.; Cincinnati Gas 
and Electric; Cleveland Electric Illuminating Co.; Columbus and Southern 
Ohio Electric; Dayton Power and Light Co.; Duquesne Light Co.; Ohio 
Edison Co.; Ohio Electric Co.; Pennsylvania Power Co.; Toledo Edison 
Co.; Ohio Edison Co.; RCA Rubber Co. The Ashland Oil Company is subject 
to a secondary SO2 NAAQS attainment date of September 14, 
1982. The following sources located in Summit County are required to 
achieve the secondary SO2 NAAQS by January 4, 1983: Diamond 
Crystal Salt; Firestone Tire & Rubber Co.; General Tire & Rubber Co.; 
General Tire & Rubber; B.F. Goodrich Co.; Goodyear Aerospace Corp.; 
Goodyear Tire & Rubber Co.; Chrysler Corp.; PPG Industries Inc.; 
Seiberling Tire & Rubber; Terex Division of General Motors Corp.; 
Midwest Rubber Reclaiming; Kittinger Supply Co. The boiler of PPG 
Industries, Inc. located in Summit County must achieve attainment of the 
secondary SO2 NAAQS by August 25, 1983. The Portsmouth 
Gaseous Diffusion Plant in Pike County is required to attain the 
secondary SO2 NAAQS by November 5, 1984. The Ohio Power 
Company Galvin Plant located in Gallia County is required to attain the 
secondary SO2 NAAQS by August 25, 1985.

[61 FR 16062, Apr. 11, 1996]



Sec. 52.1876  Control strategy: Nitrogen dioxide.

    (a) The condition to EPA's approval of the oxides of nitrogen State 
Implementation Plan (SIP) codified at 40 CFR 52.1870(c)(128) is 
satisfied by Ohio's November 26, 2003, submittal of the change to the 
flow control date in the oxides of nitrogen budget trading SIP.
    (b) [Reserved]

[69 FR 13234, Mar. 22, 2004]



Sec. 52.1877  Control strategy: Photochemical oxidants (hydrocarbons).

    (a) The requirements of Subpart G of this chapter are not met 
because the Ohio plan does not provide for the attainment and 
maintenance of the national standard for photochemical 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]

[[Page 676]]



Sec. 52.1878  [Reserved]



Sec. 52.1879  Review of new sources and modifications.

    (a) The requirements of sections 172, 173, 182, and 189 for 
permitting of major new sources and major modifications in nonattainment 
areas for ozone, particulate matter, sulfur dioxide, and carbon monoxide 
are not met, because Ohio's regulations exempt source categories which 
may not be exempted and because the State has not adopted the new 
permitting requirements of the Clean Air Act Amendments of 1990 in a 
clear or enforceable manner.
    (b) [Reserved]
    (c) The requirements of Sec. 51.161 of this chapter are not met 
because the State failed to submit procedures providing for public 
comment on review of new or modified stationary sources.
    (d) Regulation providing for public comment. (1) For purposes of 
this paragraph, Director shall mean the Director of the Ohio 
Environmental Protection Agency.
    (2) Prior to approval or disapproval of the construction or 
modification of a stationary source, the Director shall:
    (i) Make a preliminary determination whether construction or 
modification of the stationary source should be approved, approved with 
conditions or disapproved;
    (ii) Make available in at least one location in the region in which 
the proposed stationary source would be constructed or modified, a copy 
of all materials submitted by the owner or operator, a copy of the 
Director's preliminary determination, and a copy or summary of other 
materials, if any, considered by the Director in making his preliminary 
determination; and
    (iii) Notify the public, by prominent advertisement in a newspaper 
of general circulation in the region in which the proposed stationary 
source would be constructed or modified, of the opportunity for public 
comment on the information submitted by the owner or operator and the 
Director's preliminary determination on the approvability of the new or 
modified stationary source.
    (3) A copy of the notice required pursuant to this paragraph shall 
be sent to 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

[[Page 677]]

Clark, Greene, Miami, and Montgomery Counties shall not be required to 
demonstrate compliance with the enhanced I/M performance standard for 
NOX. If a violation of the ozone NAAQS is monitored in the 
Toledo or Dayton area(s), the exemptions from the requirements of 
Section 182(f) of the Act in the applicable area(s) shall no longer 
apply.
    (g) Approval--EPA is approving an exemption from the requirements 
contained in section 182(f) of the Clean Air Act. This approval exempts 
Butler, Clermont, Hamilton, and Warren counties in Ohio from 
nonattainment NSR for new sources and modifications that are major for 
NOX.

[39 FR 13542, Apr. 15, 1974, as amended at 45 FR 72122, Oct. 31, 1980; 
45 FR 82927, Dec. 17, 1980; 51 FR 40677, Nov. 7, 1986; 58 FR 47214, 
Sept. 8, 1993; 59 FR 48395, Sept. 21, 1994; 60 FR 3766, Jan. 19, 1995; 
60 FR 36060, July 13, 1995; 65 FR 37899, June 19, 2000]



Sec. 52.1880  Control strategy: Particulate matter.

    (a) The requirements of subpart G of this chapter are not met 
because the Ohio plan does not provide for attainment and maintenance of 
the secondary standards for particulate matter in the Greater 
Metropolitan Cleveland Intrastate Region and the Ohio portions of the 
Northwest Pennsylvania-Youngstown and the Steubenville-Weirton-Wheeling 
Interstate Regions.
    (b) In Pickaway County, Columbus and Southern Ohio Electric Company, 
or any subsequent owner or operator of the Picway Generating Station, 
shall not operate simultaneously Units 3 and 4 (boilers 7 and 8) at any 
time. These units will terminate operation no later than October 1, 
1980.
    (c) Ohio Regulation EP-12 (open burning) is disapproved insofar as 
EP-12-03(D)(1) and EP-12-04(D)(1) allow open burning of hazardous or 
toxic materials.
    (d)-(f) [Reserved]
    (g) The B.F. Goodrich Chemical Plant State Implementation Plan 
revision is being disapproved because it is not supported by an adequate 
attainment demonstration and therefore does not meet the requirements of 
Sec. 51.13(e).
    (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

[[Page 678]]

demonstration, associated reasonably available control measures, a 
reasonable further progress plan, contingency measures, and other 
planning SIPs related to attainment of the standard for as long as this 
Area continues to meet the 1997 annual PM2.5 NAAQS.
    (n) Determination of Attainment. EPA has determined, as of September 
14, 2011, that based on 2007 to 2009 ambient air quality data, the 
Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton 
nonattainment areas have attained the 1997 annual PM2.5 
NAAQS. This determination, in accordance with 40 CFR 52.1004(c), 
suspends the requirements for these areas to submit attainment 
demonstrations, associated reasonably available control measures, 
reasonable further progress plans, contingency measures, and other 
planning SIPs related to attainment of the standard for as long as these 
areas continue to meet the 1997 annual PM2.5 NAAQS.
    (o) Determination of Attainment. EPA has determined, as of September 
29, 2011, that based upon 2007-2009 air quality data, the Cincinnati-
Hamilton, Ohio-Kentucky-Indiana nonattainment Area has attained the 1997 
annual PM2.5 NAAQS. This determination, in accordance with 40 
CFR 52.1004(c), suspends the requirements for this Area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long as 
this Area continues to meet the 1997 annual PM2.5 NAAQS.
    (p) Approval--The 1997 annual PM2.5 maintenance plans for 
the following areas have been approved:
    (1) The Cincinnati-Hamilton nonattainment area (Butler, Clermont, 
Hamilton, and Warren Counties), as submitted on January 25, 2011. The 
maintenance plan establishes 2015 motor vehicle emissions budgets for 
the Cincinnati-Hamilton area of 1,678.60 tpy for primary 
PM2.5 and 35,723.83 tpy for NOX and 2021 motor 
vehicle emissions budgets of 1,241.19 tpy for primary PM2.5 
and 21,747.71 tpy for NOX.
    (2) The Ohio portion of the Huntington-Ashland nonattainment area 
(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.

[[Page 679]]

    (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; and 2007 VOCs and ammonia 
emissions inventory, satisfy 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 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.

[[Page 680]]

    (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.
    (u) Approval--On August 20, 2014, the State of Ohio submitted a 
revision to their Particulate Matter State Implementation Plan. The 
submittal established transportation conformity ``Conformity'' criteria 
and procedures related to interagency consultation, and enforceability 
of certain transportation related control and mitigation measures.
    (v) Approval--Ohio's RACM/RACT analysis that was submitted as part 
of their July 18, 2008, attainment demonstration satisfies the RACM/RACT 
requirements of section 172(c)(1) for the Cincinnati-Hamilton 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.



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.

[[Page 681]]

    (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.
    (16) Approval--The 2010 SO2 maintenance plan for the Ohio 
portion of the Campbell-Clermont KY-OH (Pierce Township, Clermont 
County), has been approved as submitted on August 11, 2015.
    (b) [Reserved]

[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 
CSAPR NOX Annual Trading Program in subpart AAAAA of part 97 
of this chapter must comply with such requirements. The obligation to 
comply with such requirements will be eliminated by the promulgation of 
an approval by the Administrator of a revision to Ohio's State 
Implementation Plan (SIP) as correcting the SIP's deficiency that is the 
basis for the CSAPR 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 CSAPR 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 CSAPR 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 
CSAPR NOX Ozone Season Group 1 Trading Program in subpart 
BBBBB of part 97 of this chapter must comply with such requirements with 
regard to emissions occurring in 2015 and 2016.
    (2) 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 
CSAPR NOX Ozone Season Group 2 Trading Program in subpart 
EEEEE of part 97 of this chapter must comply with such requirements with 
regard to emissions occurring in 2017 and each subsequent year. 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 CSAPR Federal Implementation Plan (FIP) under Sec. 
52.38(b), except to the extent the Administrator's approval is partial 
or conditional, provided that because the CSAPR FIP was promulgated as a 
partial rather than full remedy for an obligation of the State to 
address interstate air pollution, the SIP revision likewise will 
constitute a partial rather than full remedy for the State's obligation 
unless provided otherwise in the Administrator's approval of the SIP 
revision.
    (3) Notwithstanding the provisions of paragraph (b)(2) of this 
section, if, at the time of the approval of Ohio's SIP

[[Page 682]]

revision described in paragraph (b)(2) of this section, the 
Administrator has already started recording any allocations of CSAPR 
NOX Ozone Season Group 2 allowances under subpart EEEEE of 
part 97 of this chapter to units in the State for a control period in 
any year, the provisions of subpart EEEEE of part 97 of this chapter 
authorizing the Administrator to complete the allocation and recordation 
of CSAPR NOX Ozone Season 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 48372, Aug. 8, 2011, as amended at 81 FR 74586, 74599, Oct. 26, 
2016]



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 
CSAPR 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 CSAPR 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 CSAPR 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 CSAPR 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, as amended at 81 FR 74586, Oct. 26, 2016]



Sec. 52.1884  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 (b) through (w) are hereby 
incorporated and made a part of the applicable state plan for the State 
of Ohio.
    (c) All application and other information required pursuant to Sec. 
52.21 of this part from sources located or to be located in the state of 
Ohio shall be submitted to the state agency, Ohio Environmental 
Protection Agency, P.O. Box 1049, Columbus, Ohio 43216, rather than to 
EPA's Region 5 office.

[45 FR 52741, Aug. 7, 1980, and 46 FR 9584, Jan. 29, 1981; 75 FR 55276, 
Sept. 10, 2010]



Sec. 52.1885  Control strategy: Ozone.

    (a) Part D--Approval. The following portions of the Ohio plan are 
approved:
    (1) The ozone portions of rules 01, 02, 03, 04 (except the portion 
disapproved below), 05, 06, 07, 08, 09 (except the portions 
conditionally approved below) and 10 of Chapter 3745-21 of the Ohio 
Administrative Code.
    (2) The Attainment Demonstrations for the following urban areas: 
Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo and 
Youngstown.
    (3) The Reasonable Further Progress Demonstration for the following 
areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo 
and Youngstown.
    (4) The ozone nonattainment area plan for the rural nonattainment 
areas.
    (5) [Reserved]
    (6) Approval--On June 10, 1997, Ohio submitted revisions to the 
maintenance plans for the Toledo area (including Lucas and Wood 
counties), the Cleveland/Akron/Lorain area (including Lorain, Cuyahoga, 
Lake, Ashtabula, Geauga, Medina, Summit and Portage counties), and the 
Dayton-Springfield

[[Page 683]]

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.
    (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

[[Page 684]]

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.
    (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

[[Page 685]]

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 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.

[[Page 686]]

    (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 1997 8-hour ozone standard maintenance plans for 
the following areas have been approved:
    (1) Jefferson County, as submitted on July 31, 2006 and supplemented 
on October 3, 2006. The maintenance plan establishes 2009 motor vehicle 
emissions budgets (MVEBs) for Jefferson County of 2.63 tons per day 
(tpd) of volatile organic compounds (VOCs) and 4.10 tpd of oxides of 
nitrogen (NOX), and 2018 motor vehicle emission budgets of 
1.37 tpd of VOCs and 1.67 tpd of NOX.
    (2) Belmont County, as submitted on June 20, 2006, and supplemented 
on August 24, 2006, and December 4, 2006. The maintenance plan 
establishes 2009 MVEBs for Belmont County of 2.60 tpd of VOC and 4.69 
tpd of NOX, and 2018 MVEBs of 1.52 tpd of VOCs and 1.91 tpd 
of NOX.
    (3) Allen County and Stark County, as submitted on June 20, 2006, 
and supplemented on August 24, 2006, and December 4, 2006. The 
maintenance plan establishes 2009 MVEBs for Allen County of 5.08 tpd of 
VOCs and 8.28 tpd of NOX, and 2018 MVEBs for Allen County of 
2.89 tpd of VOCs and 3.47 tpd of NOX. For Stark County the 
2009 MVEBs are 10.02 tpd of VOCs and 18.03 tpd of NOX, and 
the 2018 budgets are 5.37 tpd of VOC and 7.08 tpd of NOX.
    (4) Washington County, as submitted on September 22, 2006, and 
supplemented on November 17, 2006. The maintenance plan establishes 2009 
MVEBs for Washington County of 2.59 tpd of VOCs and 3.58 tpd of 
NOX, and 2018 MVEBs for Washington county of 1.67 tpd of VOCs 
and 1.76 tpd of NOX.
    (5) Mahoning, Trumbull and Columbiana Counties, as submitted on 
February 15, 2007. The maintenance plan establishes 2009 and 2018 motor 
vehicle emission budgets for Mahoning, Trumbull and Columbiana Counties. 
The 2009 motor vehicle emission budgets are 19.58 tons per day for 
volatile organic compounds (VOC) and 33.71 tons per day for oxides of 
nitrogen (NOX). For 2018 the budgets are 10.36 tons per day 
for VOC and 13.29 tons per day for NOX.
    (6) On December 22, 2006, and supplemented on March 9, 2007, the 
State of Ohio submitted a redesignation request and maintenance plan for 
the Toledo area, including Lucas and Wood Counties. The maintenance plan 
for this area establishes motor vehicle emission budgets (MVEB) for 2009 
and 2018. The 2009 MVEBs are 18.99 tons/day of Volatile Organic 
Compounds (VOC) and 33.75 tons/day for Oxides of Nitrogen 
(NOX). The 2018 MVEBs are 11.20 tons/day of VOCs and 14.11 
tons/day for NOX.
    (7) The Dayton-Springfield area which includes Clark, Greene, Miami, 
and Montgomery Counties, as submitted on November 6, 2006, and 
supplemented on November 29, 2006, December 4, 2006, December 13, 2006, 
January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007. The 
maintenance plan for this area establishes Motor Vehicle Emissions 
Budgets (MVEB) for 2005 and 2018. The 2005 MVEBs are 29.19 tpd of VOC 
and 63.88 tpd of NOX. The 2018 MVEBs are 14.73 tpd of VOCs 
and 21.42 tpd of NOX.

[[Page 687]]

    (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 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.

[[Page 688]]

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.
    (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

[[Page 689]]

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.
    (ll) Approval--On August 20, 2014, the State of Ohio submitted a 
revision to their Ozone State Implementation Plan. The submittal 
established transportation conformity ``Conformity'' criteria and 
procedures related to interagency consultation, and enforceability of 
certain transportation related control and mitigation measures.
    (mm) On July 18, 2014, Ohio submitted 2008 volatile organic 
compounds and oxides of nitrogen emission inventories for the Cleveland-
Akron-Lorain and Columbus ozone nonattainment areas and for the Ohio 
portion of the Cincinnati, Ohio-Kentucky-Indiana ozone nonattainment 
areas as revisions to the Ohio state implementation plan. The documented 
emission inventories are approved as a revision of the state's 
implementation plan, meeting emission inventory requirements for the 
2008 ozone national ambient air quality standard.
    (nn) Determination of attainment. As required by section 
181(b)(2)(A) of the Clean Air Act, the EPA has determined that the 
Cincinnati, OH-KY-IN and Columbus, OH Marginal 2008 ozone nonattainment 
areas have attained the NAAQS by the applicable attainment date of July 
20, 2015.
    (oo) Determination of attainment. As required by section 
181(b)(2)(A) of the Clean Air Act, EPA has determined that the 
Cleveland, OH marginal 2008 ozone nonattainment area has attained the 
NAAQS by the applicable attainment date of July 20, 2016.
    (pp) Approval--The 2008 8-hour ozone standard maintenance plans for 
the following areas have been approved:
    (1) Approval--On April 21, 2016, the Ohio Environmental Protection 
Agency submitted a request to redesignate the Ohio portion of the 
Cincinnati, OH-KY-IN area to attainment of the 2008 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 2020 motor vehicle emissions budgets for the Ohio 
and Indiana portions of the Cincinnati, OH-KY-IN area are 30.00 tons per 
summer day (TPSD) for VOC and 26.77 TPSD for NOX. The 2030 
motor vehicle emissions budgets for the Ohio and Indiana portions of the 
area are 18.22 TPSD for VOC and 16.22 TPSD for NOX.

[[Page 690]]

    (2) Approval--On June 16, 2016, the Ohio Environmental Protection 
Agency submitted a request to redesignate the Columbus area to 
attainment of the 2008 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 eight years as required by the Clean Air 
Act. The 2020 motor vehicle emissions budgets for the Columbus area are 
50.66 tons per summer day (TPSD) for VOC and 90.54 TPSD for 
NOX. The 2030 motor vehicle emissions budgets for the 
Columbus area are 44.31 TPSD for VOC and 85.13 TPSD for NOX.
    (3) Approval--On July 6, 2016, the Ohio Environmental Protection 
Agency submitted a request to redesignate the Cleveland area to 
attainment of the 2008 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 eight years as required by the Clean Air 
Act. The 2020 motor vehicle emissions budgets for the Cleveland area are 
38.85 tons per summer day (TPSD) for VOC and 61.56 TPSD for 
NOX. The 2030 motor vehicle emissions budgets for the 
Cleveland area are 30.80 TPSD for VOC and 43.82 TPSD for NOX.

[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]



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

[[Page 691]]

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. Sec. 52.1890-52.1891  [Reserved]



Sec. 52.1892  Determination of attainment.

    (a) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Huntington-Ashland, West 
Virginia-Kentucky-Ohio PM2.5 nonattainment Area attained the 
1997 annual PM2.5 NAAQS by the applicable attainment date of 
April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA 
section 179(c) to determine, based on the Area's air quality as of the 
attainment date, whether the Area attained the standard. EPA also 
determined that the Huntington-Ashland PM2.5 nonattainment 
Area is not subject to the consequences of failing to attain pursuant to 
section 179(d).
    (b) Based upon EPA's review of the air quality data for the 3-year 
period 2007 to 2009, EPA determined that the Cleveland-Akron, Columbus, 
Dayton-Springfield, and Steubenville-Weirton fine particle 
(PM2.5) nonattainment areas attained the 1997 annual 
PM2.5 National Ambient Air Quality Standard (NAAQS) by the 
applicable attainment date of April 5, 2010. Therefore, EPA has met the 
requirement pursuant to CAA section 179(c) to determine, based on the 
area's air quality as of the attainment date, whether the area attained 
the standard. EPA also determined that the Cleveland-Akron, Columbus, 
Dayton-Springfield, and Steubenville-Weirton PM2.5 
nonattainment areas are not subject to the consequences of failing to 
attain pursuant to section 179(d).
    (c) Based upon EPA's review of the air quality data for the 3-year 
period 2007-2009, EPA determined that the Cincinnati-Hamilton, Ohio-
Kentucky-Indiana PM2.5 nonattainment Area attained the 1997 
annual PM2.5 NAAQS by the applicable attainment date of April

[[Page 692]]

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.
    (f) Based upon EPA's review of the air quality data for the three-
year period 2012 to 2014, EPA determined that the Cleveland and Delta, 
OH lead nonattainment areas have attained the 2008 Lead National Ambient 
Air Quality Standard (NAAQS). This clean data determination suspends 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 this area continues to meet 
the 2008 lead NAAQS.
    (g) As required by section 181(b)(2)(A) of the Clean Air Act, EPA 
has determined that the Cleveland, OH marginal 2008 ozone nonattainment 
area has attained the NAAQS by the applicable attainment date of July 
20, 2016. This determination is based on complete, quality-assured and 
certified data for the 3-year period 2013-2015.

[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; 80 FR 29968, May 26, 2015; 81 FR 41447, June 27, 2016]



Sec. 52.1893  Control strategy: Lead (Pb).

    (a) Ohio's 2008 lead emissions inventory for the Bellefontaine area 
as, as submitted on October 29, 2013, satisfying the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for the 
Bellefontaine area.
    (b) Approval--the 2008 lead maintenance plan for the Bellefontaine, 
Ohio nonattainment area has been approved as submitted on October 29, 
2013.

[79 FR 43660, July 28, 2014]

    Effective Date Note: At 82 FR 24877, May 31, 2017, Sec. 52.1893 was 
amended by adding paragraphs (c), (d), and (e), effective July 31, 2017. 
For the convenience of the user, the added text is set forth as follows:



Sec. 52.1893  Control strategy: Lead (Pb).

                                * * * * *

    (c) Ohio's 2013 lead emissions inventory for the Cleveland area as, 
as submitted on June 29, 2016, satisfying the emission inventory 
requirements of section 172(c)(3) of the Clean Air Act for the Cleveland 
area.
    (d) Approval--The 2008 lead maintenance plan for the Cleveland, Ohio 
nonattainment area has been approved as submitted on June 29, 2016.
    (e) EPA is approving the existing controls and maintenance 
provisions in the permit to install for the Ferro facility including the 
preventative maintenance plan, 0.3 tpy combined emissions limit for 
units P064 through P069 as well as the base control devices and 
upgrades, in addition the 0.009 tpy limit for P071 and all base control 
devices and upgrades for units P001, P071, P100, P101, and P951 as 
fulfilling the RACM/RACT 172(c)(1) requirement.

[[Page 693]]



Sec. 52.1894  Original Identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Ohio'' and all revisions submitted by Ohio that were 
federally approved prior to September 1, 2015.
    (b) The plan was officially submitted on January 31, 1972.
    (c) The revisions listed below were submitted on the dates 
specified.
    (1) Request for extensions and a revision of monitoring network was 
submitted on March 20, 1972, by the Ohio Air Pollution Control Board.
    (2) State provisions for making emissions data available to the 
public was outlined in a letter of May 8, 1972, by the Ohio Department 
of Health.
    (3) On May 9, 1972, the State provided assurance that action is 
being taken in the Assembly to secure authority for controlling auto 
emissions.
    (4) Amendments to air pollution regulations AP-3-11, 12, 13, 14, and 
AP-9-04 were forwarded on July 7, 1972, by the Governor.
    (5) Revisions to AP-2-01, 02, 04, 05; AP-3-01, 08, 09, 13; AP-9-01, 
02, 03 were submitted on August 4, 1972 by the Governor.
    (6) New regulations AP-13-01 and 13-02 were submitted on October 12, 
1972 by the Governor.
    (7) Letter from the Director of the Ohio EPA was submitted on June 
6, 1973, indicating that portions of AP-3-11, and AP-3-12 are for 
informational purposes only.
    (8) The Governor of Ohio submitted on July 2, 1973, the 
``Implementation Plan to Achieve Ambient Air Quality Standard for 
Photochemical Oxidant in the Cincinnati Air Quality Control Region'' and 
the ``Implementation Plan to Achieve Ambient Air Quality Standard for 
Photochemical Oxidant in the Toledo Air Quality Control Region.''
    (9) The Governor of Ohio submitted on July 24, 1973, the 
``Implementation Plan to Achieve Ambient Air Quality Standards for 
Photochemical Oxidants--Dayton Air Quality Control Region.''
    (10) On January 25, 1974, Ohio submitted a secondary particulate 
plan for three AQCR's in Ohio.
    (11) On July 16, 1975, Ohio submitted regulations revising the 
attainment dates for particulate matter, nitrogen oxides, carbon 
monoxide, hydrocarbons and photochemical oxidants.
    (12) The Governor of Ohio submitted on May 30, 1974 and August 10, 
1976, revisions to the Ohio Implementation for the control of open 
burning.
    (13) Consent and Abatement Order regarding Columbus and Southern 
Ohio Electric Company's Picway Units 3 and 4, submitted by Governor on 
October 17, 1975, supplemented on November 17, 1976 and June 1, 1977.
    (14) On July 27, 1979 the State submitted its nonattainment area 
plan for specific areas designated as nonattainment for ozone and carbon 
monoxide in the March 3, 1978 and October 5, 1978 Federal Registers (43 
FR 8962 and 43 FR 45993). The submittal contained Ohio's Part D 
nonattainment plans for the following ozone and carbon monoxide urban 
nonattainment areas: Akron, Canton, Cincinnati, Cleveland, Columbus, 
Dayton, Steubenville and Toledo. The submittal contained transportation 
control plans and demonstrations of attainment (for carbon monoxide and/
or ozone) for each of the above mentioned urban nonattainment areas. 
Regulations for the control of volatile organic compound emissions were 
not included with this submittal but were submitted separately on 
September 13, 1979.
    (15) On September 13, 1979, the State submitted regulations for the 
control 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

[[Page 694]]

presented in the March 10, 1980 Notice of Proposed Rulemaking.
    (20) On April 15, 24, 28, May 27, July 23 and August 6, 1980 the 
State submitted comments on, technical support for, and commitments to 
correct the deficiencies cited in the March 10, 1980 Notice of Proposed 
Rulemaking. In addition to this the May 27, 1980 letter also contained a 
commitment by the State to adopt and submit to USEPA by each subsequent 
January, reasonable available control technology requirements for 
sources covered by the control techniques guidelines published by USEPA 
the preceding January.
    (21) On December 28, 1979 the State of Ohio submitted its Part D 
carbon monoxide and ozone nonattainment area plan for the Youngstown 
urban area. The submittal contained transportation control plans and 
demonstrations of attainment (for carbon monoxide and/or ozone). On 
February 12, 1980 the State amended the ozone attainment demonstration 
submitted on December 28, 1979.
    (22) On June 12, 1980 and August 6, 1980, the State submitted 
technical support and commitments to correct the deficiencies cited in 
the May 16, 1980 Notice of Proposed Rulemaking. On November 20, 1980 and 
July 21, 1981, the State submitted additional information on implementor 
commitments for the Youngstown Urban area.
    (23) On May 8, 1979, Ohio submitted revisions to regulations 3745-
25-01 through 3745-25-04 (previously codified as AP-11-01 through AP-11-
04) containing emergency episode procedures.
    (24) On July 25, 1980 the State of Ohio submitted its Part D 
revision to the New Source Review portion of the State Implementation 
Plan. On September 25, 1980 the State submitted a response to the August 
26, 1980 Federal Register notice of proposed rulemaking. The response 
contained information which corrects certain deficiencies and commits to 
correct by a specified date other deficiencies.
    (25) The following information was submitted to USEPA regarding the 
Ohio Sulfur Dioxide Standards
    (i) On February 12, 1980 the Director of the Ohio EPA submitted the 
Ohio Administrative Code (OAC) Rules 3745-18-01 to 3745-18-94, Sulfur 
Dioxide Standards adopted on November 14, 1979 effective December 28, 
1979.
    (ii) Ohio EPA sent technical support for the Ohio Sulfur Dioxide 
Standards on September 12, 1979, October 23, 1979, May 16, 1980, March 
27, 1981, May 5, 1981, July 15, 1981 and September 24, 1981.
    (iii) The following regulations were withdrawn by the Governor of 
Ohio on May 16, 1980; OAC Rules 3745-18-08(H), 3745-18-15(B), 3745-18-
53(E), 3745-18-63(K), 3745-18-77(B) and 3745-18-90(C). These rules are 
applicable to the following plants:

    Cairo Chemical Corporation in Allen County, Crystal Tissue Company 
in Butler County, U.S. Steel Corporation, Lorain--Cuyahoga Works in 
Lorain County, Bergstrom Paper Company in Montgomery County, Mead 
Corporation in Ross County and Shell Chemical Company in Washington, 
County.

    (iv) The following regulations were withdrawn by the Governor of 
Ohio on December 19, 1980 only as it applies to the B.F. Goodrich 
Company, Avon Lake Chemical Plant in Lorain County; OAC 3745-18-53(A). 
These regulations are still applicable to other facilities in Lorain 
County.
    (v) The following regulations were withdrawn by the Governor of Ohio 
on February 13, 1981; OAC Rules 3745-18-49(J) which is applicable to the 
Ohio Rubber Company in Lake County and 3745-18-80(D) which is applicable 
to the 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

[[Page 695]]

in the March 10, 1980 Notice of Proposed Rulemaking.
    (29) On September 17, 1980 the State of Ohio submitted a vehicle 
inspection and maintenance (I/M) program developed for the urbanized 
area of Cleveland and the Ohio portion of the Cincinnati metropolitan 
area. On December 5, 1980 the State submitted comments on, and 
commitments for correcting, the deficiencies cited in the November 7, 
1980 Supplemental Notice of Proposed Rulemaking.
    (30) On February 18, 1981, the State of Ohio committed itself to 
submit by December 31, 1981, the corrective materials for the 
Middletown, Ohio total suspended particulate plan.
    (31) On March 27, 1981 and March 10, 1982 the State of Ohio 
submitted revisions to the total suspended particulate (TSP) portion of 
its State Implementation Plan (SIP). These revisions are in the form of 
an alternative emissions reduction plan (bubble) for the General Motors 
(GM) Central Foundry located in Defiance County, Ohio. Incorporated into 
Ohio's SIP are the emission limitations, interim and final compliance 
milestones, control equipment requirements and testing procedures 
specified in the variances and permits submitted for the GM bubble.
    (32) On July 27, 1979, the State of Ohio submitted materials to 
satisfy the general requirements of the Clean Air Act under sections 
110(a)(2)(K); 126, 127, and 128. On January 30, 1981, the State of Ohio 
also submitted an amended substitute Senate Bill 258, which was enacted 
into law on December 19, 1980, amending Ohio Revised Code 3704.
    (33) Revision to plan allowing Standard Oil Company of Ohio Toledo 
refinery variances from State Regulations 3745-21-09(M) (1) and (2) 
submitted April 10, 1981 by the State.
    (34) Revision to plan allowing Standard Oil Company of Ohio Lima 
refinery variance from State Regulation 3745-21-09(M)(2) submitted April 
10, 1981 by the State.
    (35) On August 27, 1981, the State of Ohio submitted a variance for 
the Pipeline Working Tank at the ARCO Pipeline Refinery in Summit 
County, Ohio.
    (36)-(37) [Reserved]
    (38) The Governor of Ohio on June 15, 1981 submitted a revision to 
the ozone portion of the Ohio State Implementation Plan. This revision 
is for six coating lines located at the Speciality Materials Division of 
Fasson-Avery located in Lake County, Ohio.
    (39) On August 27, 1981, the State of Ohio submitted a variance for 
the Pipeline Working Tank at the ARCO Pipeline Refinery in Lucas County, 
Ohio.
    (40) On February 12, 1981, the State of Ohio submitted its Lead SIP 
Plan which contains a discussion of ambient monitoring results, an 
attainment demonstration and stationary and mobile source controls for 
lead.
    (41) On April 10, 1981, the Governor of Ohio submitted revised 
requirements for Republic Steel Corporation's Youngstown Sinter Plant.
    (42) On February 25, 1980, the State of Ohio submitted the revised 
Ohio Administrative Code (OAC) Rules 3745-35-01 through 3745-35-04 which 
set forth requirements for air permits to operate and variances. These 
rules were adopted on September 28, 1979 and became effective in Ohio on 
November 7, 1979. 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

[[Page 696]]

Administrative Code. These rules establish general provisions for the 
control of air pollution and were previously codified and approved as 
AP-2-01 through 06, 08 and 09. Rules 01 through 04, 06, 08 and 09 are 
approved as revisions to the Ohio SIP and rule 05 is deleted from the 
Ohio SIP.
    (46) On August 26, 1982, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (weighted averaging bubble) for eight vinyl coating 
lines at Uniroyal Plastic Products in Ottawa County, Ohio, and an 
alternative compliance schedule which will allow Uniroyal Plastic 
Products additional time to convert to waterborne coatings and inks. The 
final compliance date is October 1, 1987.
    (47) On June 29, 1982, the State submitted an amendment to the 
definition of air contaminant as contained in section 3704.01(B) of the 
Ohio Revised Code.
    (48) On August 31, 1982, Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (weighted averaging bubble) for five rotogravure 
printing lines at Packaging Corporation of America (PCA) in Wayne 
County, Ohio and an alternative compliance schedule which will allow PCA 
additional time to convert to waterborne coatings and inks. The final 
compliance date is July 1, 1987.
    (49) On September 10, 1982 the Ohio Environmental Protection Agency 
submitted a revision to its ozone SIP for the Mead Paper Corporation, 
Chilpaco Mill in Ross County, Ohio. This revision is in the form of 
three variances for the three flexographic printing lines at Mead Paper 
and contains revised emission limits and compliance schedules for each 
of the lines. Technical Support for this revision was also submitted on 
April 27, 1982.
    (50) On October 22, 1982, the Ohio Environmental Protection Agency 
submitted a revision to its Ozone SIP for the Standard Register Company. 
The revision request is in the form of a variance for an extended 
compliance time schedule for a surface coating line and spray boot for 
painting miscellaneous metal parts. Final compliance is changed from 
December 31, 1982 to December 31, 1983.
    (51) On October 1, 1982, and February 28, 1983 the State of Ohio 
submitted revisions to Ohio Administrative Code (OAC) Rules 3745-35-03 
which set forth requirements for obtaining variances. 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

[[Page 697]]

the Cincinnati area (Hamilton County) on May 24, 1982. Supplemental 
information was submitted on September 23, 1982, November 4, 1982, and 
March 16, 1983. The May 24, 1982, submittal also requested that the five 
year extension for meeting the NAAQS requested on July 29, 1979, and 
granted on October 31, 1980, be rescinded for this area. EPA has 
rescinded this extension only for the Cincinnati demonstration area for 
CO.
    (61) On January 11, 1983, the Ohio EPA submitted justification and 
supportive documentation for the two categories of gasoline dispensing 
facilities and cutback asphalt. On March 2, 1983, Ohio EPA submitted 
demonstrations of reasonable further progress in the Canton and 
Youngstown areas. This information was submitted to satisfy the 
conditions on the approval of the 1979 ozone SIP.
    (62) [Reserved]
    (63) On January 3, 1984, the Ohio Environmental Protection Agency 
submitted a revision to the Ohio Administrative Code 3745-15-07, Air 
Pollution Nuisance Prohibited.
    (64) On September 2, 1982, the State of Ohio submitted a revision to 
the total suspended particulate State Implementation Plan for the B.F. 
Goodrich Chemical Plant in Avon Lake, Lorain County, Ohio. This revision 
is being disapproved. (See Sec. 52.1880(g))
    (65) [Reserved]
    (66) On March 16, 1984, the Ohio Environmental Protection Agency 
submitted commitments for satisfying the conditions of approval to the 
ozone [52.1885 (b)(2)] and particulate matter [52.1880 (d)(1)] State 
Implementation Plans.
    (67) [Reserved]
    (68) On May 6, 1983, the Ohio Environmental Protection Agency (OEPA) 
submitted materials constituting a proposed revision to Ohio's ozone SIP 
for Harrison Radiator. Harrison Radiator has two metal coating 
facilities; one is the North facility located in downtown Dayton and the 
other is the South facility located in the City of Moraine.
    (i) Incorporation by reference.
    (A) The Ohio Environmental Protection Director's final Findings and 
Orders, May 6, 1983.
    (B) Letters of September 10, 1984, and September 4, 1984, to USEPA 
from OEPA.
    (C) The Ohio Environmental Protection Director's final Findings and 
Orders, September 4, 1984.
    (69) On September 13, 1983, the Ohio Environmental Protection Agency 
submitted a variance which would establish an alternative emission 
control program (bubble) for Volatile Organic Compound emissions from a 
gasoline and aviation fuel loading rack located at Standard Oil Company 
in Trumbull County, Ohio.
    (i) Incorporation by reference.
    (A) An August 26, 1983, Permit and Variance to Operate an Air 
Contaminant Source Terms and Conditions, Application No. 02 78 06 0355 
J001 and 02 78 06 0355 J002, for Niles Terminal Station N. 234, Niles 
Aviation Gasoline Bulk Terminal.
    (70) On April 8, 1982, June 22, 1982, November 8, 1982, May 24, 
1985, and November 12, 1986, the Ohio Environmental Protection Agency 
submitted a revision to the sulfur dioxide SIP for the Ohio Power 
Muskingum River Power Plant located in Morgan and Washington Counties. 
USEPA approves an emission limit of 8.6 lbs/MMBTU to protect the primary 
NAAQS with a compliance date of June 17, 1980. In addition, USEPA 
approves an emission limit of 7.6 lbs/MMBTU to protect the secondary 
NAAQS with a compliance date of July 1, 1989.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) rule 3745-18-03(C)(3)(gg)(vi) 
effective in Ohio December 28, 1979; rule 3745-18-64(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.

[[Page 698]]

    (B) Muskingum River Plant Supplementary Technical Support Document 
submitted by the State on June 22, 1982.
    (C) Air Monitoring Data submitted by the State on June 22, 1982.
    (71) On July 1, 1980, the State of Ohio submitted a revision to its 
State Implementation Plan amending Sec. 3704.11 of the Ohio Revised 
Code. This revision expands the authority given to a political 
subdivision in relation to certain open burning activities. Additional 
information for the revision was also submitted on September 30, 1980 
and January 16, 1981.
    (72) On March 16, 1982, the State of Ohio submitted a revision to 
its State Implementation Plan for TSP for the Southerly Wastewater 
Treatment Plant in Columbus, Ohio.
    (73) On March 28, 1983, the State of Ohio Environmental Protection 
Agency (OEPA) submitted amendments to the Ohio Administrative Code (OAC) 
Chapter 3745-21 and supporting data to USEPA as a proposed revision to 
the ozone portion of its SIP. OAC Chapter 3745-21, entitled ``Carbon 
Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related 
Material Standards'', contains Ohio's VOC RACT I and II regulations. The 
amendments to these regulations are embodied in the OAC as follows: 
Definitions, Rule 3745-21-01; Attainment dates and compliance time 
schedules, Rule 3745-21-04; Control of emissions of organic compounds 
from stationary sources, Rule 3745-21-09; and Compliance test methods 
and procedures, Rule 3745-21-10. See (c)(15). USEPA is not taking action 
on the applicability of Rule 3745-21-09 to new sources of VOC, to the 
gasoline throughout exemption level for gasoline dispensing facilities, 
and to the compliance date extension for Honda of America Manufacturing, 
Inc. auto and motorcycle assembly plant in Marysville. USEPA is not 
taking action on OAC Rule 3745-21-09(AA))(2)(a) which exempts any dry 
cleaning facility in which less than 60,000 pounds of fabrics are 
cleaned per year. USEPA is not taking action on OAC Rule 3745-21-
09(U)(2)(f) (i) and (ii) which apply to new sources (surface coating 
lines). USEPA is identifying deficiencies in the existing Rule 3745-21-
09(D)(3) which contains an alternative daily emission limitation for can 
coating facilities. USEPA identified the following deficiencies within 
this rule: This rule presents equations for determining an alternative 
daily emission limitation. USEPA finds that the equations are incorrect 
in that they are based on volume of coating used (in gallons, excluding 
water), which in many cases can lead to erroneous results. Equivalency 
calculations for coatings should be performed on a basis of volume of 
coating solids used rather than volume of coating used. (45 FR 80824 
gives an example calculation for can coating done on a volume solids 
basis.)
    (i) Incorporation by reference.
    (A) Amendments to OAC Chapter 3745-21, dated June 21, 1982 and 
January 24, 1983.
    (1) Rule 3745-21-01; Definitions.
    (i) Section (D)(16), (36), and (50), paper and vinyl coating.
    (ii) Section (F)(1-8), asphalts in road construction and 
maintenance.
    (iii) Sections (E)(8), and (J)(5), corrections to Sections (E)(8) 
and (J)(5).
    (2) Rule 3745-21-04; Attainment dates and compliance time schedules.
    (i) Section (C)(3), can coating lines.
    (ii) Section (C)(15), cutback and emulsified asphalts.
    (iii) Section (C)(29), gasoline tank trucks.
    (iv) Section (C)(33), External floating roof tanks.
    (3) Rule 3745-21-09, Control of emission of organic compounds from 
stationary sources.
    (i) Section (B), Emission limitations.
    (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.

[[Page 699]]

    (viii) Section (Q)(3), Bulk gasoline terminals.
    (ix) Section (R)(3), Gasoline dispensing facilities.
    (x) Sections (U)(1) and the exemptions contained in (2)(h), Surface 
coating miscellaneous metal parts and products.
    (xi) Sections (X)(1) (a)(i), (b)(i), and the exemption contained in 
(2)(d), Rubber tire manufacturing.
    (xii) Sections (Z)(1)(b) through (h), (2), and (3), Storage of 
petroleum liquid in external floating roof tanks. NOTE: USEPA is not 
approving (Z)(1)(a).
    (xiii) Section (AA) (1) and (2) (b) and (c), Dry cleaning facility. 
NOTE: USEPA is not proposing to approve (AA)(2)(a).
    (xiv) Sections (K)(4) (a), (b), and (c), for the Whirlpool 
Corporation plants located in Marion, Sandusky, and Hancock Counties.
    (xv) Section (X)(2)(d), Cooper Tire and Rubber tire manufacturing 
facility located in Hancock County.
    (4) Rule 3745-21-10; Compliance test methods and procedures.
    (i) Sections (A) (3) and (4), General provisions.
    (ii) Section (B) (3), (4) and (5), Methods for determining VOC 
content of surface coating and inks.
    (iii) Section (E) (4) and (7), Method for determining VOC emissions 
from bulk gasoline terminals.
    (iv) Section (K), Methods for detecting leaks of gasoline vapors.
    (74)-(75) [Reserved]
    (76) On April 9, 1986, the State of Ohio submitted a negative 
declaration for natural gas/gasoline processing plants and manufacturers 
of high-density polyethylene and polypropylene resins.
    (i) Incorporation by reference.
    (A) Letter dated April 9, 1986, from Warren W. Tyler, Director, 
State of Ohio Environmental Protection Agency.
    (77) On November 20, 1985, the Ohio Environmental Protection Agency 
submitted a revision to the State Implementation Plan for Total 
Suspended Particulates. This revision request is for operating permits 
for the following two shiploading facilities: The Andersons Grain 
Division, Toledo Plant and Mid-States Terminals, Incorporated.
    (i) Incorporation by reference.
    (A) Permit to Operate an Air Contaminant Source for the Andersons 
Grain Division, Toledo Plant. Date of Issuance: November 18, 1985.
    (B) Permit to Operate an Air Contaminant Source for Mid-States 
Terminals, Incorporated. Date of Issuance: November 18, 1985.
    (78) On April 30, 1986, (draft) and on May 5, 1987, (final) the Ohio 
Environmental Protection Agency (OEPA) submitted a revision request to 
Ohio's sulfur dioxide SIP. The revision was in the form of Permits to 
Operate for the Coulton Chemical Plant in Toledo, Ohio, and the E.I. 
duPont de Nemours and Company facility in Miami, Ohio. The permits 
require the installation and operation of continuous emission monitors 
for sulfur dioxide at these facilities, and the reporting of monitoring 
data.
    (i) Incorporation by reference.
    (A) Special Term and Condition No. 3 of Permit to Operation No. 
0448020014P001 for Coulton Chemical Corporation, effective January 3, 
1986, Permit to Operate No. 0448020014P002 for Coulton Chemical 
Corporation, effective March 25, 1986.
    (B) Special Term and Condition No. 3 of Permit to Operate No. 
1431350817P001 for E.I. duPont de Nemours and Company (Fort Hill Plant), 
effective March 2, 1984.
    (ii) Additional material.
    (A) September 5, 1985, letter from Charles M. Taylor, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency; 
to Steve Rothblatt, Chief, Air and Radiation 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.

[[Page 700]]

    (80) On April 9, 1986, the Ohio Environmental Protection Agency 
submitted a revision to the State Implementation Plan for ozone. The 
revision consists of the reasonably available control technology (RACT) 
III volatile organic compound regulations.
    (i) Incorporation by reference. Ohio EPA OAC
    (A) Rule 3745-21-01, Definitions. Paragraphs (K), (L), (M), and (N), 
effective May 9, 1986. Ohio EPA OAC
    (B) Rule 3745-21-04, Attainment Dates and Compliance Time Schedules. 
Paragraphs (B)(1), and (C)(36) through (C)(39), effective May 9, 1986. 
Ohio EPA OAC
    (C) Rule 3745-21-09, Control of Emissions of Volatile Organic 
Compounds from Stationary Sources. Paragraphs (A)(1), (A)(2), (A)(4), 
(BB), (CC), (DD), (EE), and Appendix A, effective May 9, 1986. Ohio EPA 
OAC
    (D) Rule 3745-21-10, Compliance Test Method and Procedures. 
Paragraphs (C), (F), (L), (M), (N), (O), and (P), effective May 9, 1986.
    (81) On March 3, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted Good Engineering Stack Height Regulations as a revision 
to the Ohio State Implementation Plan (SIP).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Chapter 3745-16-01 and 02, entitled 
``Definitions'' and ``Good Engineering Practice Stack Height 
Regulations''. These rules were adopted by the State on February 12, 
1986 and were effective on March 5, 1986.
    (B) September 2, 1987 letter from Richard L. Shank, Ph.D., Director, 
Ohio Environmental Protection Agency; to Valdas Adamkus, Regional 
Administrator, USEPA.
    (ii) Additional material.
    (A) March 3, 1986, letter from Warren W. Tyler, Director, Ohio 
Environmental Protection Agency; to Valdas Adamkus, Regional 
Administrator, U.S. EPA.
    (82) On November 7, 1985, the Ohio Environmental Protection Agency 
submitted a revision to the ozone portion of the Ohio State 
Implementation Plan (SIP) for the Reynolds Metal Company in Pickaway 
County, Ohio. This variance shall expire on May 6, 1992.
    (i) Incorporation by reference.
    (A) State of Ohio Environmental Protection Agency Variance to 
Operate an Air Contaminant Source (except for Conditions No. 2, No. 3, 
and No. 6); Date of Issuance: October 29, 1985, Issued to: Reynolds 
Metal Company; Constitutes a Variance to Operate: miscellaneous metal 
parts coating line--Ransburg Disc spray booths No. 1 and No. 2; and 
signed by Warren W. Tyler, Director, Ohio Environmental Protection 
Agency.
    (83) On October 4, 1982, and January 24, 1983, the Ohio 
Environmental Protection Agency (OEPA) submitted revisions to the Ohio 
Administrative Code (OAC) Chapter 3745-31-01 through 3745-31-08 to 
satisfy the New Source Review conditional approval of October 31, 1980 
(45 FR 72119). U.S. EPA is granting limited approval of the revision to 
Ohio's New Source Review State Implementation Plan (SIP) because the 
revised regulations strengthen the SIP.
    (i) Incorporation by reference.
    (A) OAC Rule 3745-31 through 3745-31-03--Permits to Install New 
Sources of Pollution (Adopted June 30, 1982, effective August 15, 1982), 
as found in the State of Ohio Environmental Protection Agency Laws and 
Regulations.
    (ii) Additional material.
    (A) A June 30, 1987, letter from OEPA certified that the State did 
not rely upon additional reductions through the offset policy to attain 
or maintain the National Ambient Air Quality Standards.
    (84) On June 1, 1987, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for the Goodyear 
Tire and Rubber Company in St. Marys (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

[[Page 701]]

``State of Ohio Environmental Protection Agency Variances to Operate An 
Air Contaminant Source'', Application Numbers 0306010138K001-
0306010138K019, for Goodyear Tire and Rubber Company. The Date of 
Issuance is May 22, 1987.
    (85) On February 17, 1988, and January 4, 1989, the Ohio 
Environmental Protection Agency submitted a revision to the total 
suspended particulate SIP for Youngstown Thermal Corporation located in 
Youngstown, Ohio. This revision establishes a 0.02 lb/MMBTU emission 
limit for the one gas and Number 2 oil-fired boiler (B001) and a 0.14 
lb/MMBTU limit for the three coal-fired boilers (B002, B003, and B004).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-17-01, effective in 
Ohio on October 1, 1983; Rule 3745-17-03, effective in Ohio on October 
15, 1983; and Rule 3745-17-10, effective in Ohio on October 1, 1983, as 
they apply to Youngstown Thermal Energy Corporation in Youngstown, Ohio 
only.
    (86) [Reserved]
    (87) On July 11, 1988, Ohio submitted its vehicle inspection and 
maintenance regulation for Cuyahoga, Lake, Lorain, Hamilton, and Butler 
Counties.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-26-01, 3745-26-02, 3745-26-
03, 3745-26-04, 3745-26-05, 3745-26-06, 3745-26-07, 3745-26-08, and 
3745-26-09, effective July 17, 1987.
    (88) [Reserved]
    (89) On February 28, 1989, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for the Navistar 
International Transportation Corporation in Springfield, Ohio. It 
modified this request on March 30, 1990. The revision is in the form of 
variances for miscellaneous metal parts and products coating lines and 
exempts them from the requirements contained in Ohio Administrative Code 
(OAC) Rule 3745-21-09(U). These variances expire on January 4, 1994.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and 
Conditions Number 1 through 11) within both of the ``State of Ohio 
Environmental Protection Agency Variances to Operate An Air Contaminant 
Source'', Application Numbers 0812760220K009 and 0812760220K013 for 
Navistar International Transportation Corporation. The Date of Issuance 
is February 28, 1989.
    (90) On April 9, 1986, the Ohio Environmental Protection Agency 
(OEPA) submitted amendments to the Ohio Administrative Code (OAC) 
Chapter 3745-21. The amendments are embodied in the following OAC 
regulations: Definitions, Rule 3745-21-01; Attainment dates and 
compliance time schedules, Rule 3745-21-04; Control of emissions of 
volatile organic compounds from stationary sources, Rule 3745-21-09; and 
Compliance test methods and procedures, Rule 3745-21-10. USEPA is 
approving these amendments with the following exceptions: The proposed 
relaxation for food can end sealing compounds in 3745-21-09(D)(1)(e) and 
(D)(2)(e) (from 3.7 to 4.4 lbs VOC/gallon); the proposed revision to the 
exemption in 3745-21-09(N)(3)(e) for the application by hand of any 
cutback asphalt or emulsified asphalt for patching or crack sealing; the 
recordkeeping requirements in 3745-21-09(N)(4); the relaxation from 3.5 
to 6.2 lbs VOC/gallon for high performance architectural aluminum 
coatings in 3745-21-09(U)(1)(a)(viii); the exemption for new sources in 
3745-21-09(U)(2)(f); and the relaxation for miscellaneous metals 
coatings in 3745-21-09(U)(1)(a)(vii).
    (i) Incorporation by reference.
    (A) Amendments to Ohio Administrative Code Rule 3745-21-01, 
effective on May 9, 1986.
    (B) Amendments to Ohio Administrative Code Rule 3745-21-04, 
effective on May 9, 1986.
    (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);

[[Page 702]]

    (4) 3745-21-09(U)(1)(a)(viii) (relaxation from 3.5 to 6.2 lbs VOC. 
gal for high performance architectural aluminum coatings);
    (5) 3745-21-09(U)(2)(f) (the exemption for new sources); and
    (6) 3745-21-09(U)(1)(a)(vii) (relaxation for miscellaneous metal 
coatings).
    (D) Amendments to Ohio Administrative Code Rule 3745-21-10, 
effective May 9, 1996.
    (91) On September 30, 1983, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to the ozone SIP for Ludlow Flexible 
Packaging, Inc. (Ludlow), located in Mt. Vernon (Knox County), Ohio. 
This revision was in the form of variances and permits that established 
a bubble with monthly averaging between 22 paper coating and printing 
lines (sources K001-K022) and a compliance date extension to June 30, 
1987. On January 13, 1987, the OEPA submitted additional information 
concerning this revision stating that several of the printing lines have 
been or will be permanently shut down and the remaining lines will be 
controlled by thermal incineration in accordance with OAC Rule 3745-21-
09(Y). In addition, four of the paper coating lines (K017-K019, K022) 
have been removed from the plant. Therefore, only eight paper coating 
lines (K011-K016, K020 and K021) remain under the bubble. This revision 
exempts these lines from the control requirements contained in Ohio 
Administrative Code (OAC) Rules 3745-21-09(F) and 3745-21-09(Y). These 
variances and permits expire on April 22, 1996.
    The accommodative SIP for Knox County will be canceled upon approval 
of this SIP revision.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references Special Terms and 
Conditions Numbers 1-7 within each of the 5 ``State of Ohio 
Environmental Protection Agency Variance to Operate an Air Contaminant 
Source,'' Application Numbers 0342010111K011-0342010111K015, as they 
apply to Ludlow Flexible Packaging, Inc., located in Mt. Vernon, Ohio. 
The Date of Issuance is September 23, 1983.
    (B) Condition Number 8 (which references Special Terms and 
Conditions Numbers 1-7) within each of the 3 ``State of Ohio 
Environmental Protection Agency Permit to Operate an Air Contaminant 
Source,'' Application Numbers 0342010111K016, 0342010111K020, and 
0342010111K021, as they apply to Ludlow Flexible Packaging, Inc., 
located in Mt. Vernon, Ohio. The Date of Issuance is September 23, 1983.
    (ii) Additional material.
    (A) January 13, 1987, letter from Patricia P. Walling, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency; 
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental 
Protection agency.
    (92) On October 16, 1991, and March 17, 1993, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan for sulfur dioxide for sources in Hamilton County, Ohio.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-03 Attainment dates 
and compliance time schedules, Sections (A)(2)(c); (B)(7)(a); (B)(7)(b); 
(C)(8)(a); (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); (D)(2); dated 
October 11, 1991, and effective on October 31, 1991.
    (B) Ohio Administrative Code (OAC) Rule 3745-18-04 Measurement 
methods and procedures, Sections (D)(7); (D)(8)(a) to (D)(8)(e); (E)(5); 
(E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 11, 
1991, and effective on October 31, 1991.
    (C) Ohio Administrative Code (OAC) Rule 3745-18-37, Hamilton county 
emission limits, dated February 22, 1993, and effective on March 10, 
1993.
    (D) Director's Final Findings and Order for Cincinnati Gas and 
Electric Company, Miami Fort Station, dated February 22, 1993.
    (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,

[[Page 703]]

Ohio Environmental Protection Agency to Valdas Adamkus, Regional 
Administrator, U.S. Environmental Protection Agency, Region 5 and its 
enclosures entitled ``Table 1 Cuyahoga County Carbon Monoxide Emission 
Inventory'', Enclosure B ``Cuyahoga County carbon monoxide SIP 
submittal'', and section 6.0 of Enclosure C ``Cuyahoga County Carbon 
Monoxide Modeling Study Final Report.''
    (ii) Additional information.
    (A) Letter dated January 14, 1993, from Donald R. Schregardus, 
Director, Ohio Environmental Protection Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated February 10, 1993, from Robert F. Hodanbosi, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency 
to David Kee, Director, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5.
    (C) Letter dated July 29, 1993, from Robert F. Hodanbosi, Chief, 
Division of Air Pollution Control, Ohio Environmental Protection Agency 
to David Kee, Director, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 5.
    (94) On June 24, 1985, the Ohio Environmental Protection Agency 
submitted revisions to its ozone control State Implementation Plan which 
would establish a volatile organic compounds (VOC) bubble and 
alternative VOC reasonably available control technology for vinyl and U-
frame vinyl coating lines at Columbus Coated Fabrics in Franklin County, 
Ohio.
    (i) Incorporation by reference.
    (A) Condition Number 8 (which references special Terms and 
Conditions Numbers 1 through 7) within each of 15 State of Ohio 
Environmental Protection Agency Permits and Variances to Operate an Air 
Contaminant Source, Application Numbers 0125040031 K001 through 
0125040031 K015 for Columbus Coated Fabrics. The date of issuance is 
November 2, 1983. These permits and variances are approved for the 
period 12/12/85 to 1/6/92.
    (B) Condition Number 8 (which references special Terms and 
Conditions Numbers 1 through 4) within each of 11 State of Ohio 
Environmental Protection Agency Variances to Operate an Air Contaminant 
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for 
Columbus Coated Fabrics. The date of issuance is November 2, 1983. These 
variances are approved for the period 4/1/82 to 1/6/92.
    (C) State of Ohio Environmental Protection Agency Orders to Modify 
Variances to Operate modifying Special Condition Number 1 of Ohio 
Environmental Protection Agency Variances to Operate an Air Contaminant 
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for 
Columbus Coated Fabrics. The date of issuance is May 21, 1985. These 
orders are approved for the period 4/1/82 to 1/6/92.
    (95) On October 16, 1992, the State of Ohio submitted the tailpipe 
test inspection and maintenance program revisions to its carbon monoxide 
implementation plan for Cuyahoga County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code: amended rules, 3745-26-01 through 
3745-26-09, effective May 15, 1990, and new rules, 3745-26-10 and 3745-
26-11, effective May 15, 1990.
    (ii) Additional materials--Remainder of the State submittal.
    (A) Letter from the Director, Ohio Environmental Protection Agency, 
dated November 18, 1992, and additional materials.
    (96) On June 9, 1988, and August 24, 1990, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan for ozone. The revisions consist of new non-Control Technique 
Guideline volatile organic compound (VOC) rules and corrections to 
existing VOC rules.
    (i) Incorporation by reference.
    (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),

[[Page 704]]

(BB), (CC), (FF) through (NN), (PP), effective August 22, 1990.
    (D) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (B), (D), (F), (G), (I) through (N), (P); 
effective August 22, 1990.
    (97) On November 14, 1991, December 4, 1991, and January 8, 1992, 
OEPA submitted revisions to its particulate matter plan, including 
Statewide rule revisions, rule revisions for specific facilities in 
Cuyahoga and Jefferson Counties, and supplemental materials to address 
the requirements of part D of title I of the Clean Air Act for the 
Cuyahoga and Jefferson County nonattainment areas. Rules 3745-17-
03(B)(10)(c) and 3745-17-12(P)(6)(a) (concerning quench water limits) 
are not approved.
    (i) Incorporation by reference.
    (A) Rule 3745-17-01--Definitions, effective December 6, 1991.
    (B) Rule 3745-17-02--Ambient air quality standards, effective June 
14, 1991.
    (C) Rule 3745-17-03--Measurement methods and procedures, effective 
December 6, 1991, except for paragraph (B)(10)(c) which is disapproved.
    (D) Rule 3745-17-04--Compliance time schedules, effective December 
6, 1991.
    (E) Rule 3745-17-07--Control of visible particulate emissions from 
stationary sources, effective June 14, 1991.
    (F) Rule 3745-17-08--Restriction of emission of fugitive dust, 
effective June 14, 1991.
    (G) Rule 3745-17-09--Restrictions on particulate emissions and odors 
from incinerators, effective July 9, 1991.
    (H) Rule 3745-17-10--Restrictions on particulate emissions from fuel 
burning equipment, effective June 14, 1991.
    (I) Rule 3745-17-11--Restrictions on particulate emissions from 
industrial processes, effective June 14, 1991.
    (J) Rule 3745-17-12--Additional restrictions on particulate 
emissions from specific air contaminant sources in Cuyahoga County, 
effective December 6, 1991, except for paragraph (P)(6)(a) which is 
disapproved.
    (K) Rule 3745-17-13--Additional restrictions on particulate 
emissions from specific air contaminant sources in Jefferson County, 
effective December 6, 1991.
    (L) Rule 3745-17-14--Contingency plan requirements for Cuyahoga and 
Jefferson Counties, effective December 6, 1991.
    (M) Rule 3745-75-01--Applicability and definitions, effective July 
9, 1991.
    (N) Rule 3745-75-02--Emission limits, effective July 9, 1991.
    (O) Rule 3745-75-03--Design parameters and operating restrictions, 
effective July 9, 1991.
    (P) Rule 3745-75-04--Monitoring requirements, effective July 9, 
1991.
    (Q) Rule 3745-75-05--Recordkeeping, effective July 9, 1991.
    (R) Rule 3745-75-06--Certification and compliance time schedules, 
effective July 9, 1991.
    (ii) Additional information.
    (A) Appendices A through P to a letter from Donald Schregardus to 
Valdas Adamkus dated November 14, 1991, providing emissions inventories 
and modeling demonstrations of attainment for the Cleveland and 
Steubenville areas and providing other related information.
    (B) A letter from Donald Schregardus to Valdas Adamkus dated 
December 4, 1991, and attachments, supplementing the November 14, 1991, 
submittal.
    (C) A letter from Donald Schregardus to Valdas Adamkus dated January 
8, 1992, and attachments, supplementing the November 14, 1991, 
submittal.
    (98) On April 20, 1994, and March 7, 1995, Ohio submitted Rule 3745-
35-07, entitled ``Federally Enforceable Limitations on Potential to 
Emit,'' and requested authority to issue such limitations as conditions 
in State operating permits.
    (i) Incorporation by reference. Rule 3745-35-07, adopted November 3, 
1994, effective November 18, 1994. 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,

[[Page 705]]

Licking, Lorain, Lucas, Mahoning, Medina, Miami, Montgomery, Portage, 
Stark, Summit, Trumbull, Warren, and Wood.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-24-01, 3745-24-02, 3745-24-
03, and 3745-24-04, effective April 1, 1994.
    (101) On November 12, 1993 the Ohio Environmental Protection Agency 
submitted a vehicle inspection and maintenance program in accordance 
with section 110 of the Clean Air Act as amended in 1990. The new 
program replaces I/M programs in operation in the Cleveland and 
Cincinnati areas and establishes new programs in Dayton and any area 
designated moderate nonattainment or any area where local planning 
authorities have requested the State to implement a program.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Amended Rules 3745-26-01, 3754-26-02, 
3745-26-10, and rules 3745-26-12, 3745-26-13, and 3745-26-14, all made 
effective on June 13, 1994.
    (ii) Other material.
    (A) Certification letter from the Director of the Ohio Environmental 
Protection Agency regarding the State process in developing the I/M 
rules and the I/M program.
    (B) Letter dated June 22, 1994, from the Director of OEPA regarding 
implementation of an I/M program in the Toledo area in the event the 
State's request for redesignation to attainment for that area is not 
approved by USEPA.
    (102) On June 7, 1993, and February 17, 1995, the Ohio Environmental 
Protection Agency (OEPA) submitted revisions to the State Implementation 
Plan (SIP) for ozone. The revisions include 19 new non-Control Technique 
Guideline volatile organic compound (VOC) rules, Findings and Orders for 
5 companies, and two permits to install.
    (i) Incorporation by reference.
    (A) OEPA OAC Rule 3745-21-01, Definitions, Paragraphs (Q); (T); 
effective January 17, 1995.
    (B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time 
Schedules, Paragraphs (C)(40); (C)(41); (C)(46); (C)(48); (C)(49); 
(C)(50); (C)(51); (C)(53); (C)(54); (C)(59); (C)(60); (C)(61); (C)(62); 
effective January 17, 1995.
    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (FF), (GG), (HH), 
(II), (JJ), (KK), (LL), (MM), (NN), (OO), (PP), (QQ), (SS), (TT), (YY), 
(ZZ), (AAA); (BBB); effective January 17, 1995.
    (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.

[[Page 706]]

    (C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraphs (A), (C) through 
(L), (N) through (T), (X), (Y), (Z), (BB), (CC), (DD), (UU), Appendix A; 
effective January 17, 1995.
    (D) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraph (B) except 
(B)(3)(d) and (e) for the Ohio Counties of Ashtabula, Butler, Clermont, 
Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and 
Warren; effective January 17, 1995.
    (E) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile 
Organic Compounds from Stationary Sources, Paragraph (U) except 
(U)(1)(h) statewide and (U)(2)(e)(ii) for the Ohio Counties of 
Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, 
Medina, Portage, Summit, and Warren; effective January 17, 1995.
    (F) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (A), (B), (C), (E), (O); effective January 17, 
1995.
    (G) Permit to Install, Application Number 04-204, for Abitibi-Price 
Corporation, APS Premise Number 0448011192. The date of issuance is July 
7, 1983.
    (H) Permit to Install, Application Number 08-3273, for General 
Motors Corporation Delco Chassis Division, APS Premise Number 
0857040935. The date of issuance is February 13, 1995.
    (ii) Additional material.
    (A) On June 7, 1993, the OEPA submitted negative declarations for 
the source categories of polypropylene or high density polyethylene 
resin manufacturing, natural gas/gasoline processing plants, and surface 
coating of flat wood paneling. These negative declarations are approved 
into the Ohio ozone SIP.
    (B) On February 21, 1995, the OEPA submitted a list of facilities 
subject to the post-enactment source categories listed in Appendix E to 
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). This list is 
approved into the Ohio ozone SIP.
    (104) On June 7, 1993, the Ohio Environmental Protection Agency 
(OEPA) submitted a revision request to Ohio's ozone SIP for approval of 
the State's Stage II vapor recovery program. The Stage II program 
requirements apply to sources in the following areas: Cincinnati-
Hamilton; Cleveland-Akron-Lorain; and Dayton-Springfield.
    (i) Incorporation by reference.
    (A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-04, Attainment 
Dates and Compliance Time Schedules, Paragraph (C)(64); effective date 
March 31, 1993.
    (B) OEPA OAC Rule 3745-21-10, Compliance Test Methods and 
Procedures, Paragraphs (Q), (R), (S), Appendices A, B, C; effective date 
March 31, 1993.
    (C) Ohio Administrative Code rules 3745-21-09(DDD)(1)-(4), effective 
date March 31, 1993.
    (105) On September 17, 1993, the Ohio Environmental Protection 
Agency requested the redesignation of Lucas and Wood Counties to 
attainment of the National Ambient Air Quality Standard for ozone. To 
meet the redesignation criteria set forth by section 107(d)(3)(E) (iii) 
and (iv), Ohio credited emissions reductions from the enclosure of the 
``oily ditch'' at the British Petroleum Refinery in Oregon, Ohio. The 
USEPA is approving the Director's Finding and Order which requires the 
enclosure of the ``oily ditch'' into the SIP for Lucas and Wood 
Counties.
    (i) Incorporation by reference.
    (A) Letter dated June 2, 1994, from Donald R. Schregardus, Director, 
Ohio Environmental Protection Agency, to Valdas Adamkus, Regional 
Administrator, USEPA, Region 5, and one enclosure which is the revised 
Director's Final Findings and Orders in the matter of BP Oil company, 
Toledo Refinery, 4001 Cedar Point Road, Oregon, Ohio, Fugitive Emissions 
from the Refinery Waste Water System ``Oily Ditch'', effective June 2, 
1994.
    (106) On October 7, 1994, Ohio submitted four rules in Chapter 3745-
71 of the Ohio Administrative Code, entitled ``Lead Emissions,'' and 
submitted a modeling demonstration that the limitations in these rules 
assure attainment of the lead standard in central Cleveland.
    (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.

[[Page 707]]

    (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)-(108) [Reserved]
    (109) On July 17, 1995, Ohio submitted a Particulate Matter (PM) 
contingency measures State Implementation Plan (SIP) revision request. 
The submittal includes Final Findings and Orders for 5 companies. The 
Findings and Orders provide PM emission reductions which will take 
effect if an area fails to attain the National Ambient Air Quality 
Standards for PM.
    (i) Incorporation by reference. Director's Final Findings and Orders 
for Ford Motor Company (Cleveland Casting Plant), T&B Foundry Company, 
International Mill Service, Luria Brothers, and United Ready Mix, issued 
by the Ohio Environmental Protection Agency on July 10, 1995.
    (110) On November 3, 1995, December 21, 1995, and March 21, 1996, 
OEPA submitted revisions to its particulate matter plan, addressing 
prior deficiencies in its plans for Cuyahoga and Jefferson Counties.
    (i) Incorporation by reference.
    (A) Rule 3745-17-03--Rule 3745-17-03--Measurement methods and 
procedures, effective November 15, 1995.
    (B) Rule 3745-17-04--Compliance time schedules, effective November 
15, 1995.
    (C) Rule 3745-17-12--Additional restrictions on particulate 
emissions from specific air contaminant sources in Cuyahoga County, 
effective November 15, 1995.
    (D) Findings and Orders issued to the Wheeling-Pittsburgh Steel 
Corporation, signed by Donald Schregardus and effective on October 31, 
1995.
    (ii) Additional material--Dispersion modeling analyses for the 
Steubenville area and for Cuyahoga County near Ford's Cleveland Casting 
Plant.
    (111) On July 18, 1996, the Ohio Environmental Protection Agency 
submitted a site specific State Implementation Plan revision for Ohio 
Edison's Sammis and Toronto plants for Sulfur Dioxide. The revisions for 
the Sammis plant provide ``as an alternative'' to the existing boiler 
specific regulations a limit of ``2.91 lbs./MMBTU actual heat input from 
each boiler''. The regulation for the Toronto plant reduces allowable 
emissions to 2.0 lbs./MMBTU.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code (OAC) Rule 3745-18-47, effective July 
25, 1996.
    (112) On August 29, 1996, the United States Environmental Protection 
Agency received from the Ohio Environmental Protection Agency, changes 
to the approved vehicle inspection and maintenance (I/M) program which 
control the release of volatile organic compounds from vehicles. These 
changes provide a repair spending cap of $300 and a temporary hardship 
extension of time up to 6 months for owners to perform needed repairs on 
vehicles which fail the I/M program test.
    (i) Incorporation by reference.
    (A) Rule 3745-26-01--Definitions effective May 15, 1996.
    (B) Rule 3745-26-12--Requirements for motor vehicle owners in the 
enhanced or opt-in enhanced automobile inspection and maintenance 
program, effective May 15, 1996.
    (113) On August 30, 1996, Ohio submitted a request to extend the 
exemption from opacity limits for the boilers at Ford's Cleveland Engine 
Plant 1 to six hours after start-up.
    (i) Incorporation by reference.
    (A) Findings and Orders for boilers number 1 through number 5 at 
Ford's Cleveland Engine Plant 1, signed by Donald Schregardus on May 31, 
1996.
    (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.

[[Page 708]]

    (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 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.

[[Page 709]]

    (122) On October 6, 1999, the Ohio Environmental Protection Agency 
submitted revised Transportation Conformity rules for the State of Ohio. 
The submittal made revisions to the current State plan for the 
implementation of the federal transportation conformity requirements at 
the State and local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation 
Plans, Programs, and Projects Developed, Funded or Approved Under Title 
23 U.S.C. or the Federal Transit Act. Only certain sections of the 
submittal are approved.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code: amended rules, OAC 3745-101-02, OAC 
3745-101-03 (A), (B), (C), (D), (G), (H), (I), (J), (K), (L), except (E) 
and (F), OAC 3745-101-05, OAC 3745-101-06, OAC 3745-101-07 (A), (B), (C) 
except for (C)(1)(a) and (C)(2)(a), (D), (E), (F), (G), (H), (I), (J), 
OAC 3745-101-08, OAC 3745-101-09, OAC 3745-101-10, OAC 3745-101-11, OAC 
3745-101-12 except for (A)(2), OAC 3745-101-13 except (A)(1), OAC 3745-
101-14, OAC 3745-101-15, OAC 3745-101-17, OAC 3745-101-18, OAC 3745-101-
19, effective on February 16, 1999.
    (B) No action is being taken on: OAC 3745-101-04.
    (123) On July 6, 2000, the State of Ohio submitted a site-specific 
State Implementation Plan (SIP) revision affecting Volatile Organic 
Compound control requirements at Morgan Adhesives Company in Stow, Ohio. 
The SIP revision establishes an alternative control strategy for 
limiting volatile organic compound emissions from coating lines at its 
pressure sensitive tape and manufacturing plant in Stow.
    (i) Incorporation by reference. July 5, 2000, Director's Final 
Findings and Orders of the Ohio Environmental Protection Agency in the 
matter of: Morgan Adhesives Company, effective on July 5, 2000.
    (124) On November 9, 2000, Ohio submitted Director's Final Findings 
and Orders revising sulfur dioxide emissions regulations for the 
Lubrizol Corporation facility in Lake County, Ohio. The revisions 
include the adjustment of six short-term emissions limits, the addition 
of an annual emissions limit, and the addition of a continuous emissions 
monitoring system (CEMS). These state implementation plan revisions do 
not increase allowable sulfur dioxide emissions.
    (i) 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.

[[Page 710]]

    (128) On July 11, 2002, the Ohio Environmental Protection Agency 
submitted revisions to Chapter 3745-14-(1 through 11) of the Ohio 
Administrative Code (OAC), an oxides of nitrogen (NOX) budget 
trading program in Ohio, with a request that the Ohio State 
Implementation Plan be revised to include these NOX rules.
    (i) Incorporation by reference.
    (A) Ohio NOX rules: 3745-14-01, 3745-14-02, 3745-14-03, 
3745-14-04, 3745-14-05, 3745-14-06, 3745-14-07, 3745-14-08, 3745-14-09, 
3745-14-10, 3745-14-11 in the OAC all with an effective date of July 18, 
2002.
    (ii) On June 25, 2003, the Ohio Environmental Protection Agency 
submitted a letter committing to change the flow control date, in rule 
3745-14-06(E)(6) from 2006 to 2005, within approximately 6 months of the 
effective date of the submittal date.
    (129) On September 27, 2003, the Ohio Environmental Protection 
Agency submitted revised rules for sulfur dioxide. The submittal 
includes revised provisions in Rules 3745-18-01, 3745-18-04, and 3745-
18-06, relating to natural gas use, as well as special provisions in 
Rule 3745-18-04 for compliance testing for Lubrizol in Lake County. The 
submittal includes recently revised Ohio limits in Cuyahoga, Lake, 
Mahoning, Monroe, and Washington Counties, as well as previously adopted 
source-specific limits in Adams, Allen, Clermont, Lawrence, Montgomery, 
Muskingum, Pike, Ross, and Wood Counties that had not previously been 
subject to EPA rulemaking.
    (i) Incorporation by reference.
    (A) Rules OAC 3745-18-01; OAC 3745-18-04(F); OAC 3745-18-04(J); OAC 
3745-18-06; OAC 3745-18-24; OAC 3745-18-49; OAC 3745-18-56; OAC 3745-18-
62; and OAC 3745-18-90. Adopted August 19, 2003, effective September 1, 
2003.
    (B) Rules OAC 3745-18-07(B); OAC 3745-18-08(H); OAC 3745-18-19(B); 
OAC 3745-18-66(C); OAC 3745-18-72(B);, effective May 11, 1987.
    (C) OAC 3745-18-50(C); OAC 3745-18-77(B); effective December 28, 
1979.
    (D) OAC 3745-18-63(K) and (L); and OAC 3745-18-93(B) and (C); 
effective December 1, 1984.
    (ii) Additional material--Letter from Robert Hodanbosi, Chief of the 
Division of Air Pollution Control of the Ohio EPA, to Thomas Skinner, 
Regional Administrator for Region 5 of USEPA, dated September 27, 2003.
    (130) On November 26, 2003, the Ohio Environmental Protection Agency 
submitted revisions to OAC rule 3745-14-06 (NOX Allowance 
Tracking System) that changes the flow control date to 2005.
    (i) Incorporation by reference.
    (A) Amended OAC rule 3745-14-06. Adopted by the Ohio Environmental 
Protection Agency on November 12, 2003. Effective November 24, 2003.
    (B) [Reserved]
    (131) [Reserved]
    (132) On June 28, 2004, the Ohio Environmental Protection Agency 
submitted revisions to OAC rule 3745-14-01. These revisions change the 
definition of ``boiler'' by excluding from the trading program carbon 
monoxide (CO) boilers associated with combusting CO from fluidized 
catalytic cracking units at petroleum refineries. The submittal also 
includes revisions to OAC rule 3745-14-03 (A housekeeping correction to 
reference OAC Chapter 3745-77 concerning Title V operating permit) and 
3745-14-05 (Revising the number of trading program budget allowances and 
source identification for the ozone seasons 2004 through 2007).
    (i) Incorporation by reference.
    (A) Ohio Administrative Code rules 3745-14-01, 3745-14-03, and 3745-
14-05, effective May 25, 2004.
    (133) On May 20, 2005, the Ohio Environmental Protection Agency 
submitted volatile organic compound (VOC) regulations for five source 
categories in the Cincinnati ozone nonattainment area. These regulations 
complete the requirement that all VOC 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.

[[Page 711]]

    (C) OAC rule 3745-21-01(W), (definitions for batch operations), 
effective May 27, 2005.
    (D) OAC rule 3745-21-01(X), (definitions for wood furniture 
manufacturing operations), effective May 27, 2005.
    (E) OAC rule 3745-21-01(Y), (definitions for industrial wastewater), 
effective May 27, 2005.
    (F) OAC rule 3745-21-12: ``Control of Volatile Organic Compound 
Emissions from Commercial Bakery Oven Facilities'', effective May 27, 
2005.
    (G) OAC rule 3745-21-13: ``Control of Volatile Organic Compound 
Emissions from Reactors and Distillation Units Employed in SOCMI 
Chemical Production'', effective May 27, 2005.
    (H) OAC rule 3745-21-14: ``Control of Volatile Organic Compound 
Emissions from Process Vents in Batch Operations'', effective May 27, 
2005.
    (I) OAC rule 3745-21-15: ``Control of Volatile Organic Compound 
Emissions from Wood Furniture Manufacturing Operations'', effective May 
27, 2005.
    (J) OAC rule 3745-21-16: ``Control of Volatile Organic Compound 
Emissions from Industrial Wastewater'', effective May 27, 2005.
    (134) On July 18, 2000, the Ohio Environmental Protection Agency 
submitted revised rules for particulate matter. Ohio adopted these 
revisions to address State-level appeals by various industry groups of 
rules that the State adopted in 1995 that EPA approved in 1996. The 
revisions provide reformulated limitations on fugitive emissions from 
storage piles and plant roadways, selected revisions to emission limits 
in the Cleveland area, provisions for Ohio to follow specified criteria 
to issue replicable equivalent visible emission limits, the correction 
of limits for stationary combustion engines, and requirements for 
continuous emissions monitoring as mandated by 40 CFR part 51, Appendix 
P. The State's submittal also included modeling to demonstrate that the 
revised Cleveland area emission limits continue to provide for 
attainment of the PM10 standards. EPA is disapproving two 
paragraphs that would allow revision of limits applicable to Ford Motor 
Company's Cleveland Casting Plant through permit revisions without the 
full EPA review provided in the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following rules in Ohio Administrative Code Chapter 3745-17 
as effective January 31, 1998: Rule OAC 3745-17-01, entitled 
Definitions, Rule OAC 3745-17-03, entitled Measurement methods and 
procedures, Rule OAC 3745-17-04, entitled Compliance time schedules, 
Rule OAC 3745-17-07, entitled Control of visible particulate emissions 
from stationary sources, Rule OAC 3745-17-08, entitled Restriction of 
emission of fugitive dust, Rule OAC 3745-17-11, entitled Restrictions on 
particulate emissions from industrial processes, Rule OAC 3745-17-13, 
entitled Additional restrictions on particulate emissions from specific 
air contaminant sources in Jefferson county, and OAC 3745-17-14, 
entitled Contingency plan requirements for Cuyahoga and Jefferson 
counties.
    (B) Rule OAC 3745-17-12, entitled Additional restrictions on 
particulate emissions from specific air contaminant sources in Cuyahoga 
county, as effective on January 31, 1998, except for paragraphs (I)(50) 
and (I)(51).
    (C) Engineering Guide 13, as revised by Ohio EPA, Division of Air 
Pollution Control, on June 20, 1997.
    (D) Engineering Guide 15, as revised by Ohio EPA, Division of Air 
Pollution Control, on June 20, 1997.
    (ii) Additional material.
    (A) Letter from Robert Hodanbosi, Chief of Ohio EPA's Division of 
Air Pollution Control, to EPA, dated February 12, 2003.
    (B) Telefax from Tom Kalman, Ohio EPA, to EPA, dated January 7, 
2004, providing supplemental documentation 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.

[[Page 712]]

    (A) Ohio Administrative Code Chapter 3745-21-01 Definitions: 
Paragraphs (D) and (Z), adopted 1/31/2006, effective 2/10/2006.
    (B) Ohio Administrative Code Chapter 3745-21-04 Attainment dates and 
compliance time schedules: Paragraph (C)(16)(c), adopted 1/31/2006, 
effective 2/10/2006.
    (C) Ohio Administrative Code Chapter 3745-21-09 Control of emissions 
of volatile organic compounds from stationary sources and 
perchloroethylene from dry cleaning facilities: Paragraphs 
(O)(2)(e),(O)(6)(b),(T)(4),(Y), (HH), (RR), and (VV), adopted 3/2/2006, 
effective 3/12/2006.
    (D) Ohio Administrative Code Chapter 3745-21-17: Portable Fuel 
Containers, adopted 1/31/2006, effective 2/10/2006.
    (E) Ohio Administrative Code Chapter 3745-21-18: Commercial Motor 
Vehicle and Mobile Equipment Refinishing Operations, adopted 1/31/2006, 
effective 2/10/2006.
    (136) On May 16, 2006, Ohio submitted numerous regulations for 
sulfur dioxide. These regulations were submitted to replace the 
remaining federally promulgated regulations, to make selected revisions 
to applicable limits, and to update company names and make other similar 
administrative changes. On December 10, 2007, Ohio submitted a corrected 
rule for Stark County.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rules 3745-18-01 ``Definitions and 
incorporation by reference.'', 3745-18-02 ``Ambient air quality 
standards; sulfur dioxide.'', 3745-18-03 ``Attainment dates and 
compliance time schedules.'', 3745-18-06 ``General emission limit 
provisions.'', 3745-18-10 ``Ashtabula County emission limits.'', 3745-
18-11 ``Athens County emission limits.'', 3745-18-12 ``Auglaize County 
emission limits.'', 3745-18-17 ``Champaign County emission limits.'', 
3745-18-18 ``Clark County emission limits.'', 3745-18-28 ``Erie County 
emission limits.'', 3745-18-29 ``Fairfield County emission limits.'', 
3745-18-31 ``Franklin County emission limits.'', 3745-18-34 ``Geauga 
County emission limits.'', 3745-18-35 ``Greene County emission 
limits.'', 3745-18-37 ``Hamilton County emission limits.'', 3745-18-38 
``Hancock County emission limits.'', 3745-18-49 ``Lake County emission 
limits.'', 3745-18-50 ``Lawrence County emission limits.'', 3745-18-53 
``Lorain County emission limits.'', 3745-18-57 ``Marion County emission 
limits.'', 3745-18-61 ``Miami County emission limits.'', 3745-18-63 
``Montgomery County emission limits.'', 3745-18-66 ``Muskingum County 
emission limits.'', 3745-18-68 ``Ottawa County emission limits.'', 3745-
18-69 ``Paulding County emission limits.'', 3745-18-72 ``Pike County 
emission limits.'', 3745-18-76 ``Richland County emission limits.'', 
3745-18-77 ``Ross County emission limits.'', 3745-18-78 ``Sandusky 
County emission limits.'', 3745-18-79 ``Scioto County emission 
limits.'', 3745-18-80 ``Seneca County emission limits.'', 3745-18-81 
``Shelby County emission limits.'', 3745-18-83 ``Summit County emission 
limits.'', 3745-18-84 ``Trumbull County emission limits.'', 3745-18-85 
``Tuscarawas County emission limits.'', 3745-18-87 ``Van Wert County 
emission limits.'', 3745-18-90 ``Washington County emission limits.'', 
3745-18-91 ``Wayne County emission limits.'', and 3745-18-93 ``Wood 
County emission limits.'', adopted on January 13, 2006, effective 
January 23, 2006.
    (B) January 13, 2006, ``Director's Final Findings and Orders'', 
signed by Joseph P. Koncelik, Director, Ohio Environmental Protection 
Agency, adopting the rules identified in paragraph (A) above.
    (C) Ohio Administrative Code Rules 3745-18-08 ``Allen County 
emission limits.'', 3745-18-15 ``Butler County emission limits.'', 3745-
18-24 ``Cuyahoga County emission limits.'', and 3745-18-54 ``Lucas 
County emission limits.'', 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

[[Page 713]]

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 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

[[Page 714]]

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]
    (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.

[[Page 715]]

    (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.
    (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.

[[Page 716]]

    (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.
    (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).

[[Page 717]]

    (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.
    (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,

[[Page 718]]

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 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.

[[Page 719]]

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.
    (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).

[[Page 720]]

    (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.
    (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.

[[Page 721]]

    (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), (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

[[Page 722]]

``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 ``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.
    (161) On June 19, 2014, the Ohio Environmental Protection Agency 
submitted several PM2.5 rules for approval into the Ohio 
State Implementation Plan (SIP). The changes to the SIP include 
establishing definitions related to particulate matter smaller than 2.5 
micrometers (PM2.5), defining PM2.5 increment 
levels, and setting PM2.5 class 1 variances. The revisions 
also incorporate changes made to definitions and regulations that 
recognize nitrogen oxides (NOX) as an ozone precursor, and 
incorporating minor organizational or typographical changes.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-31-01, ``Definitions'', 
paragraphs (P), (LLL), (MMM), (NNN), (QQQ), (TTTT), (UUUU), (VVVV), 
(WWWW), (NNNNN), and (VVVVV), effective May 29, 2014.
    (B) Ohio Administrative Code 3745-31-11, ``Attainment provisions--
ambient air increments, ceilings and classifications'', paragraph (B) 
``Allowable increments'', effective May 29, 2014.
    (C) Ohio Administrative Code 3745-31-13, ``Attainment provisions--
review of major stationary sources and major modifications, stationary 
source applicability and exemptions'', effective May 29, 2014.
    (D) Ohio Administrative Code 3745-31-16, ``Attainment provisions--
major stationary source impact analysis'', effective May 29, 2014.
    (E) May 19, 2014, ``Director's Final Findings and Orders'', signed 
by Craig W. Butler, Director, Ohio Environmental Protection Agency.
    (162) On June 19, 2014, the Ohio Environmental Protection Agency 
submitted several PM2.5 rules for approval into the Ohio 
State Implementation Plan (SIP). The changes to the SIP include 
revisions related to particulate matter smaller than 2.5 micrometers 
(PM2.5) defining a significance level for PM2.5 
for nonattainment areas, baseline for determining credit for emission 
offsets, location of offsetting emissions in nonattainment areas, and 
offset requirements. The revisions also include establishing definitions 
for emergency, emergency engine, publicly owned treatment works, and 
semi-public disposal system and incorporating minor organizational or 
typographical changes.
    (i) Incorporation by reference.
    (A) Ohio Administrative Code Rule 3745-31-01, ``Definitions'', 
paragraphs (L) through (N), (Q), (U), (II), (MM) through (KKK), (OOO), 
(PPP), (RRR), (TTT) through (PPPP), (RRRR), (SSSS), (XXXX) through 
(IIIII), (KKKKK) through (MMMMM), (OOOOO) through (UUUUU), (WWWWW) 
through (AAAAAA), (CCCCCC) through (LLLLLL), effective May 29, 2014.
    (B) Ohio Administrative Code Rule 3745-31-02, ``Applicability, 
requirements and obligations'', effective May 29, 2014.

[[Page 723]]

    (C) Ohio Administrative Code Rule 3745-31-04, ``Applications'', 
effective May 29, 2014.
    (D) Ohio Administrative Code Rule 3745-31-06, ``Completeness 
determinations, processing requirements, public participation, public 
notice, and issuance'', effective May 29, 2014.
    (E) Ohio Administrative Code Rule 3745-31-07, ``Termination, 
revocation, expiration, renewal, revision and transfer'', effective May 
29, 2014.
    (F) Ohio Administrative Code Rule 3745-31-08, ``Registration status 
permit-to-operate'', effective May 29, 2014.
    (G) Ohio Administrative Code Rule 3745-31-09, ``Variances on 
operation'', effective May 29, 2014.
    (H) Ohio Administrative Code Rule 3745-31-10, ``NSR projects at 
existing emission units at a major stationary source'', effective May 
29, 2014.
    (I) Ohio Administrative Code Rule 3745-31-11, ``Attainment 
provisions--ambient air increments, ceilings and classifications'', 
effective May 29, 2014.
    (J) Ohio Administrative Code Rule 3745-31-12, ``Attainment 
provisions--data submission requirements'', effective May 29, 2014.
    (K) Ohio Administrative Code Rule 3745-31-14, ``Attainment 
provisions--preapplication analysis'', effective May 29, 2014.
    (L) Ohio Administrative Code Rule 3745-31-15, ``Attainment 
provisions--control technology review'', effective May 29, 2014.
    (M) Ohio Administrative Code Rule 3745-31-17, ``Attainment 
provisions--additional impact analysis'', effective May 29, 2014.
    (N) Ohio Administrative Code Rule 3745-31-18, ``Attainment 
provisions--air quality models'', effective May 29, 2014.
    (O) Ohio Administrative Code Rule 3745-31-19, ``Attainment 
provisions--notice to the United States environmental protection 
agency'', effective May 29, 2014.
    (P) Ohio Administrative Code Rule 3745-31-20, ``Attainment 
provisions--innovative control technology'', effective May 29, 2014.
    (Q) Ohio Administrative Code Rule 3745-31-21, ``Nonattainment 
provisions--review of major stationary sources and major modifications--
stationary source applicability and exemptions'', effective May 29, 
2014.
    (R) Ohio Administrative Code Rule 3745-31-22, ``Nonattainment 
provisions--conditions for approval'', except for paragraph (A)(3)(b), 
effective May 29, 2014.
    (S) Ohio Administrative Code Rule 3745-31-23, ``Nonattainment 
provisions--stationary sources locating in designated clean or 
unclassifiable areas which would cause or contribute to a violation of a 
national ambient air quality standard'' with exclusion of the 1-hour 
NO2 Significant Impact Level described in table in paragraph 
(A), effective May 29, 2014.
    (T) Ohio Administrative Code Rule 3745-31-24, ``Nonattainment 
provisions--baseline for determining credit for emission and air quality 
offsets'', except for paragraph (F), effective May 29, 2014.
    (U) Ohio Administrative Code Rule 3745-31-25, ``Nonattainment 
provisions--location of offsetting emissions'', effective May 29, 2014.
    (V) Ohio Administrative Code Rule 3745-31-26, ``Nonattainment 
provisions--offset ratio requirements'', except for paragraph (D), 
effective May 29, 2014.
    (W) Ohio Administrative Code Rule 3745-31-27, ``Nonattainment 
provisions--administrative procedures for emission offsets'', except for 
paragraph (A)(1)(b), effective May 29, 2014.
    (X) Ohio Administrative Code Rule 3745-31-29, ``General permit-to-
install and general PTIO'', effective May 29, 2014.
    (Y) Ohio Administrative Code Rule 3745-31-32, ``Plantwide 
applicability limit (PAL)'', effective May 29, 2014.
    (Z) May 19, 2014, ``Director's Final Findings and Orders'', signed 
by Craig W. Butler, Director, Ohio Environmental Protection Agency.

[37 FR 10886, May 31, 1972. Redesignated and amended at 80 FR 69606, 
69619, Nov. 10, 2015]



                           Subpart LL_Oklahoma



Sec. Sec. 52.1919  [Reserved]



Sec. 52.1920  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Oklahoma

[[Page 724]]

under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 
51 to meet national ambient air quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date on or before June 
1, 2000, was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section with 
EPA approval dates after June 1, 2000, will be incorporated by reference 
in the next update to the SIP compilation.
    (2) EPA Region 6 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
Implementation Plan as of June 1, 2000.
    (3) Copies of the materials incorporated by reference may be 
inspected at the EPA Region 6 Office at 1445 Ross Avenue, Suite 700, 
Dallas, Texas, 75202-2733; Air and Radiation Docket (6102A), Room M1500, 
U.S. Environmental Protection Agency, Ariel Rios Building, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460 or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (c) EPA approved regulations.

                                        EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
         State citation            Title/subject    effective date      EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
                                   Oklahoma Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
                            Regulation 1.4. Air Resources Management Permits Required
----------------------------------------------------------------------------------------------------------------
                                  Regulation 1.4.1 General Permit Requirements
----------------------------------------------------------------------------------------------------------------
1.4.1(a).......................  Scope and purpose   \1\ 5/19/1983  8/25/1983, 48 FR 38635...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-8
                                                                                                only.
1.4.1(b).......................  General                  6/4/1990  7/23/1991, 56 FR 33715...  Applicable to
                                  requirements.                                                 minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-8
                                                                                                only.
1.4.1(c).......................  Necessity to             6/4/1990  7/23/1991, 56 FR 33715...  Applicable to
                                  obtain permit.                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-8
                                                                                                only.
----------------------------------------------------------------------------------------------------------------
                                            1.4.2 Construction Permit
----------------------------------------------------------------------------------------------------------------
1.4.2(a).......................  Standards                6/4/1990  7/23/1991, 56 FR 33715...  Applicable to
                                  required.                                                     minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-8
                                                                                                only.
1.4.2(b).......................  Stack height            6/11/1989  8/20/1990, 55 FR 33905...  Applicable to
                                  limitation.                                                   minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-8
                                                                                                only.
1.4.2(c).......................  Permit                   6/4/1990  7/23/1991, 56 FR 33715...  Applicable to
                                  applications.                                                 minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-8
                                                                                                only.
1.4.2(d).......................  Action on           \1\ 5/19/1983  8/25/1983, 48 FR 38635...  Applicable to
                                  applications.                                                 minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-8
                                                                                                only.
1.4.2(f).......................  Construction        \1\ 5/19/1983  8/25/1983, 48 FR 38635...  Applicable to
                                  permit                                                        minor NSR
                                  conditions.                                                   permitting under
                                                                                                OAC 252:100-8
                                                                                                only.
1.4.2(g).......................  Cancellation of      \1\ 2/6/1984  7/27/1984, 49 FR 30184...  Applicable to
                                  authority to                                                  minor NSR
                                  construct or                                                  permitting under
                                  modify.                                                       OAC 252:100-8
                                                                                                only.
----------------------------------------------------------------------------------------------------------------

[[Page 725]]

 
                        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               04/19/1982  08/15/1983, 48 FR 36819..
                                  Standards for
                                  Hazardous Air
                                  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  5/15/2017, 82 FR 22281...  Applicable to
                                  authority.                                                    minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-1-2......................  Definitions......       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-1-3......................  Organization.....       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-1-4......................  Office location         6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  and hours;                                                    minor NSR
                                  communications.                                               permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-1-5......................  Availability of a       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  record.                                                       minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695. NOT in
                                                                                                SIP: Subsection
                                                                                                (a), second
                                                                                                sentence.
252:4-1-6......................  Administrative          6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  fees.                                                         minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-1-7......................  Fee credits for         6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  regulatory fees.                                              minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-1-8......................  Board and               6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  councils.                                                     minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-1-9......................  Severability.....       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 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 79400..
                                  revocation.
252:4-5-2......................  Rule development.       6/11/2001  12/29/2008, 73 FR 79400..

[[Page 726]]

 
252:4-5-3......................  Petitions for           6/11/2001  12/29/2008, 73 FR 79400..
                                  rulemaking.
252:4-5-4......................  Notice of               6/11/2001  12/29/2008, 73 FR 79400..
                                  permanent
                                  rulemaking.
252:4-5-5......................  Rulemaking              6/11/2001  12/29/2008, 73 FR 79400..
                                  hearings.
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 79400..
                                  Board.
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  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-2......................  Preamble.........       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695. NOT in
                                                                                                SIP: second
                                                                                                sentence.
252:4-7-3......................  Compliance.......       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-4......................  Filing an               6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  application.                                                  minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695. NOT in
                                                                                                SIP: Subsection
                                                                                                (a), first
                                                                                                sentence.
252:4-7-5......................  Fees.............       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-6......................  Receipt of              6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  applications.                                                 minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-7......................  Administrative          6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  completeness                                                  minor NSR
                                  review.                                                       permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-8......................  Technical review.       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-9......................  When review times       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  stop.                                                         minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-10.....................  Supplemental time       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-11.....................  Extensions.......       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.

[[Page 727]]

 
252:4-7-12.....................  Failure to meet         6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  deadline.                                                     minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-13.....................  Notices..........       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695. NOT in
                                                                                                SIP: Subsection
                                                                                                (a). NOT in SIP:
                                                                                                Subsection (e)
                                                                                                and subsection
                                                                                                (f) requirements
                                                                                                for permits
                                                                                                other than Part
                                                                                                70 permits.
252:4-7-14.....................  Withdrawing             6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  applications.                                                 minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-15.....................  Permit issuance         6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  or denial.                                                    minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-16.....................  Tier II and III         6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  modifications.                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-17.....................  Permit decision-        6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  making authority.                                             minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-18.....................  Pre-issuance            6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  permit review                                                 minor NSR
                                  and correction.                                               permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-19.....................  Consolidation of        6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  permitting                                                    minor NSR
                                  process.                                                      permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
----------------------------------------------------------------------------------------------------------------
                                Part 3. Air Quality Division Tiers and Time Lines
----------------------------------------------------------------------------------------------------------------
252:4-7-31.....................  Air quality time        6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  lines.                                                        minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:4-7-32.....................  Air quality             6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  applications--Ti                                              minor NSR
                                  er I.                                                         permitting under
                                                                                                OAC 252:100-7.
                                                                                                NOT in SIP:
                                                                                                Subsections (a),
                                                                                                (b), (c)(1),
                                                                                                (c)(3) and
                                                                                                (c)(5).
252:4-7-33.....................  Air quality             6/11/2001  11/26/2010, 75 FR 72695..
                                  applications--Ti
                                  er II.
252:4-7-34.....................  Air quality             6/11/2001  11/26/2010, 75 FR 72695..
                                  applications--Ti
                                  er III.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 9. Administrative Proceedings
----------------------------------------------------------------------------------------------------------------
                                               Part 1. Enforcement
----------------------------------------------------------------------------------------------------------------
252:4-9-1......................  Notice of               6/11/2001  12/29/2008, 73 FR 79400..
                                  Violation
                                  (``NOV'').
252:4-9-2......................  Administrative          6/11/2001  12/29/2008, 73 FR 79400..
                                  compliance
                                  orders.
252:4-9-3......................  Determining             6/11/2001  12/29/2008, 73 FR 79400..
                                  penalty.
252:4-9-4......................  Assessment orders       6/11/2001  12/29/2008, 73 FR 79400..

[[Page 728]]

 
252:4-9-5......................  Considerations          6/11/2001  12/29/2008, 73 FR 79400..
                                  for self-
                                  reporting of
                                  noncompliance.
----------------------------------------------------------------------------------------------------------------
                                         Part 3. Individual Proceedings
----------------------------------------------------------------------------------------------------------------
252:4-9-31.....................  Individual              6/11/2001  12/29/2008, 73 FR 79400..
                                  proceedings
                                  filed by DEQ.
252:4-9-32.....................  Individual              6/11/2001  12/29/2008, 73 FR 79400..
                                  proceedings
                                  filed by others.
252:4-9-33.....................  Scheduling and          6/11/2001  12/29/2008, 73 FR 79400..
                                  notice of
                                  hearings.
252:4-9-34.....................  Administrative          6/11/2001  12/29/2008, 73 FR 79400..
                                  Law Judges and
                                  Clerks.
252:4-9-35.....................  Service..........       6/11/2001  12/29/2008, 73 FR 79400..
252:4-9-36.....................  Responsive              6/11/2001  12/29/2008, 73 FR 79400..
                                  pleading.
252:4-9-37.....................  Prehearing              6/11/2001  12/29/2008, 73 FR 79400..
                                  conferences.
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 79400..
                                  dismissal.
252:4-9-46.....................  Orders in               6/11/2001  12/29/2008, 73 FR 79400..
                                  administrative
                                  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 79400..
                                  proceedings.
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 79400..  NOT in SIP: in
                                  implementation                                                the first
                                  plan hearings.                                                sentence, the
                                                                                                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 79400..
                                  Rulemaking
                                  Before the
                                  Environmental
                                  Quality Board.
252:4, Appendix B..............  Petition for            6/11/2001  12/29/2008, 73 FR 79400..
                                  Declaratory
                                  Ruling.
252:4, Appendix C..............  Permitting              6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  process summary.                                              minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695. NOT in
                                                                                                SIP: Tier I
                                                                                                column.
252:4, Appendix D..............  Style of the Case       6/11/2001  12/29/2008, 73 FR 79400..
                                  in an Individual
                                  Proceeding.
----------------------------------------------------------------------------------------------------------------
                                CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-1-1....................  Purpose..........       6/12/2003  9/28/2016, 81 FR 66535...
252:100-1-2....................  Statutory               6/12/2003  9/28/2016, 81 FR 66535...
                                  definitions.
252:100-1-3....................  Definitions......        7/1/2012  9/28/2016, 81 FR 66535...  SIP does not
                                                                                                include
                                                                                                revisions to the
                                                                                                definition of
                                                                                                ``carbon dioxide
                                                                                                equivalent
                                                                                                emissions'' for
                                                                                                the GHG Biomass
                                                                                                Deferral,
                                                                                                effective on 7/1/
                                                                                                2012 and
                                                                                                submitted on 1/
                                                                                                13/2013.

[[Page 729]]

 
252:100-1-4....................  Units,                   7/1/2011  9/28/2016, 81 FR 66535...
                                  abbreviations
                                  and acronyms.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 2: Incorporation by Reference
----------------------------------------------------------------------------------------------------------------
252:100-2-1....................  Purpose..........        7/1/2012  9/28/2016, 81 FR 66535...
252:100-2-3....................  Incorporation by         7/1/2012  9/28/2016, 81 FR 66535...
                                  reference.
----------------------------------------------------------------------------------------------------------------
                               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               5/26/1994  11/3/1999, 64 FR 59629...
                                  standards.
252:100-3-4....................  Significant              7/1/2011  9/28/2016, 81 FR 66535...
                                  deterioration
                                  increments.
----------------------------------------------------------------------------------------------------------------
                    Subchapter 5. Registration, Emission Inventory and Annual Operating Fees
----------------------------------------------------------------------------------------------------------------
252:100-5-1....................  Purpose..........       6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:100-5-1.1..................  Definitions......       6/15/2007  5/15/2017, 82 FR 22281...  Applicable to
                                                                                                minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 9/28/
                                                                                                2016, 81 FR
                                                                                                66535.
252:100-5-2....................  Registration of         6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  potential                                                     minor NSR
                                  sources of air                                                permitting under
                                  contaminants.                                                 OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:100-5-2.1..................  Emission                6/15/2007  5/15/2017, 82 FR 22281...  Applicable to
                                  inventory.                                                    minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 9/28/
                                                                                                2016, 81 FR
                                                                                                66535.
252:100-5-2.2..................  Annual operating        6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  fees.                                                         minor NSR
                                                                                                permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
252:100-5-3....................  Confidentiality         6/11/2001  5/15/2017, 82 FR 22281...  Applicable to
                                  of proprietary                                                minor NSR
                                  information.                                                  permitting under
                                                                                                OAC 252:100-7.
                                                                                                Approved for
                                                                                                major NSR
                                                                                                permitting 11/26/
                                                                                                2010, 75 FR
                                                                                                72695.
----------------------------------------------------------------------------------------------------------------
                                   Subchapter 7. Permits for Minor Facilities
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-7-1....................  Purpose..........       6/25/1998  5/15/2017, 82 FR 22281...
252:100-7-1.1..................  Definitions......       6/11/1999  5/15/2017, 82 FR 22281...
252:100-7-2....................  Requirement for          6/1/2001  5/15/2017, 82 FR 22281...  NOT in SIP:
                                  permits for                                                   Subsection (a),
                                  minor facilities.                                             second sentence.
----------------------------------------------------------------------------------------------------------------
                                          Part 3. Construction Permits
----------------------------------------------------------------------------------------------------------------
252:100-7-15...................  Construction            6/11/1999  5/15/2017, 82 FR 22281...
                                  permit.
----------------------------------------------------------------------------------------------------------------
                                            Part 4. Operating Permits
----------------------------------------------------------------------------------------------------------------
252:100-7-17...................  Relocation              6/25/1998  5/15/2017, 82 FR 22281...
                                  permits for
                                  portable sources.
252:100-7-18...................  Operating permit.       6/11/1999  5/15/2017, 82 FR 22281...
----------------------------------------------------------------------------------------------------------------

[[Page 730]]

 
                                             Part 9. Permits by Rule
----------------------------------------------------------------------------------------------------------------
252:100-7-60...................  Permit by rule...       6/11/1999  5/15/2017, 82 FR 22281...
252:100n-7-60.1................  Cotton gins......       6/11/1999  5/15/2017, 82 FR 22281...
252:100-7-60.2.................  Grain elevators..       6/11/1999  5/15/2017, 82 FR 22281...
----------------------------------------------------------------------------------------------------------------
                                    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......       6/15/2006  9/28/2016, 81 FR 66535...
252:100-8-1.2..................  General                 6/11/2001  11/26/2010, 75 FR 72695..
                                  information.
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 72695..
                                  extension of a
                                  construction
                                  permit or
                                  authorization
                                  under a general
                                  construction
                                  permit.
252:100-8-1.5..................  Stack height            6/11/2001  11/26/2010, 75 FR 72695..
                                  limitations.
----------------------------------------------------------------------------------------------------------------
                                       Part 5. Permits for Part 70 Sources
----------------------------------------------------------------------------------------------------------------
252:100-8-2....................  Definitions......       6/11/2001  11/26/2010 75 FR 72695...  NOT in SIP:
                                                                                                Paragraph (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 72695..
                                  construction and
                                  operating
                                  permits.
252:100-8-5....................  Permit                  6/11/2001  11/26/2010, 75 FR 72695..
                                  applications.
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                 6/11/2001  11/26/2010, 75 FR 72695..
                                  provisions for
                                  affected (acid
                                  rain) sources.
252:100-8-7....................  Permit issuance..       6/11/2001  11/26/2010, 75 FR 72695..
252:100-8-7.1..................  Permit renewal          6/11/2001  11/26/2010, 75 FR 72695..
                                  and expiration.
252:100-8-7.2..................  Administrative          6/11/2001  11/26/2010 , 75 FR 72695.
                                  permit
                                  amendments and
                                  permit
                                  modifications.
252:100-8-7.3..................  Reopening of            6/11/2001  11/26/2010, 75 FR 72695..
                                  operating
                                  permits for
                                  cause.
252:100-8-7.4..................  Revocations of          6/11/2001  11/26/2010, 75 FR 72695..
                                  operating
                                  permits.
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 72695..
                                  EPA and affected
                                  states.
----------------------------------------------------------------------------------------------------------------
             Part 7. Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas
----------------------------------------------------------------------------------------------------------------
252:100-8-30...................  Applicability....        6/1/2009  9/28/2016, 81 FR 66535...
252:100-8-31...................  Definitions......        7/1/2012  9/28/2016, 81 FR 66535...  SIP does not
                                                                                                include
                                                                                                paragraph (E) of
                                                                                                the definition
                                                                                                of ``subject to
                                                                                                regulation'',
                                                                                                effective on 7/1/
                                                                                                2011 and
                                                                                                submitted 2/6/
                                                                                                2012 for Step 2
                                                                                                GHG permitting.
                                                                                               SIP does not
                                                                                                include
                                                                                                revisions to the
                                                                                                definition of
                                                                                                ``subject to
                                                                                                regulation''
                                                                                                paragraph (B)(i)
                                                                                                for the GHG
                                                                                                Biomass
                                                                                                Deferral,
                                                                                                effective on 7/1/
                                                                                                2012 and
                                                                                                submitted on 1/
                                                                                                13/2013.
252:100-8-32.1.................  Ambient air             6/15/2006  9/28/2016, 81 FR 66535...
                                  increments and
                                  ceilings.
252:100-8-32.2.................  Exclusion from          6/15/2006  9/28/2016, 81 FR 66535...
                                  increment
                                  consumption.
252:100-8-32.3.................  Stack heights....       6/15/2006  9/28/2016, 81 FR 66535...

[[Page 731]]

 
252:100-8-33...................  Exemptions.......        7/1/2012  9/28/2016, 81 FR 66535...  SIP does not
                                                                                                include OAC
                                                                                                252:100-8-33(c)(
                                                                                                1)(C) effective
                                                                                                on 7/1/2011 and
                                                                                                submitted 2/6/
                                                                                                2012.
252:100-8-34...................  Control                 6/15/2006  9/28/2016, 81 FR 66535...
                                  technology
                                  review.
252:100-8-35...................  Air quality              7/1/2011  9/28/2016, 81 FR 66535...  SIP does not
                                  impact                                                        include OAC
                                  evaluation.                                                   252:100-8-35(a)(
                                                                                                2) effective on
                                                                                                7/1/2011 and
                                                                                                submitted 2/6/
                                                                                                2012.
252:100-8-35.1.................  Source                  6/15/2006  9/28/2016, 81 FR 66535...
                                  information.
252:100-8-35.2.................  Additional impact       6/15/2006  9/28/2016, 81 FR 66535...
                                  analyses.
252:100-8-36...................  Source impacting        6/15/2006  9/28/2016, 81 FR 66535...
                                  Class I areas.
252:100-8-36.2.................  Source obligation       6/15/2006  9/28/2016, 81 FR 66535...
252:100-8-37...................  Innovative               6/1/2009  9/28/2016, 81 FR 66535...
                                  control
                                  technology.
252:100-8-38...................  Actuals PALs.....        6/1/2009  9/28/2016, 81 FR 66535...
252:100-8-39...................  Severability.....       6/15/2006  9/28/2016, 81 FR 66535...
----------------------------------------------------------------------------------------------------------------
                               Part 9. Major Sources Affecting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
252:100-8-50...................  Applicability....        6/1/2009  9/28/2016, 81 FR 66535...
252:100-8-50.1.................  Incorporation by         7/1/2011  9/28/2016, 81 FR 66535...
                                  reference.
252:100-8-51...................  Definitions......        7/1/2011  9/28/2016, 81 FR 66535...
252:100-8-51.1.................  Emission                 7/1/2012  9/28/2016, 81 FR 66535...
                                  reductions and
                                  offsets.
252:100-8-52...................  Applicability            7/1/2011  9/28/2016, 81 FR 66535...
                                  determination
                                  for sources in
                                  attainment areas
                                  causing or
                                  contributing to
                                  NAAQS violations.
252:100-8-53...................  Exemptions.......        6/1/2009  9/28/2016, 81 FR 66535...
252:100-8-54...................  Requirements for        6/15/2006  9/28/2016, 81 FR 66535...
                                  sources located
                                  in nonattainment
                                  areas.
252:100-8-54.1.................  Ozone and PM10           6/1/2009  9/28/2016, 81 FR 66535...
                                  precursors.
252:100-8-55...................  Source obligation        6/1/2009  9/28/2016, 81 FR 66535...
252:100-8-56...................  Actuals PALs.....        6/1/2009  9/28/2016, 81 FR 66535...
252:100-8-57...................  Severability.....       6/15/2006  9/28/2016, 81 FR 66535...
----------------------------------------------------------------------------------------------------------------
                                    Part 11. Visibility Protection Standards
----------------------------------------------------------------------------------------------------------------
(252:100:8-70 to 252:100:8-77).  Visibility              6/15/2007  12/28/11, 76 FR 81728
                                  Protection
                                  Standards.
----------------------------------------------------------------------------------------------------------------
                      Subchapter 9. Excess Emission and Malfunction Reporting Requirements
----------------------------------------------------------------------------------------------------------------
252:100-9-1....................  Purpose..........       5/26/1994  11/03/1999, 64 FR 59629..
252:100-9-2....................  Definitions......       5/26/1994  11/03/1999, 64 FR 59629..
252:100-9-3....................  General                 5/26/1994  11/3/1999, 64 FR 59629...
                                  requirements.
252:100-9-4....................  Maintenance             5/26/1994  11/3/1999, 64 FR 59629...
                                  procedures.
252:100-9-5....................  Malfunctions and        5/26/1994  11/3/1999, 64 FR 59629...
                                  releases.
252:100-9-6....................  Excesses               05/26/1994  11/3/1999, 64 FR 59629...
                                  resulting from
                                  engineering
                                  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 79400..
                                  prohibited.
252:100-13-7...................  Allowed open            6/12/2000  12/29/2008, 73 FR 79400..
                                  burning.
252:100-13-9...................  General                 6/12/2000  12/29/2008, 73 FR 79400..
                                  conditions and
                                  requirements for
                                  allowed open
                                  burning.

[[Page 732]]

 
252:100-13-10..................  Disaster relief..       6/12/2000  12/29/2008, 73 FR 79400..
252:100-13-11..................  Responsibility          6/12/2000  12/29/2008, 73 FR 79400..
                                  for consequences
                                  of open burning.
----------------------------------------------------------------------------------------------------------------
                                           Subchapter 17. Incinerators
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-17-1...................  Purpose..........       7/11/2010  11/3/2015, 80 FR 67650...
252:100-17-1.1.................  Reference to 40         7/11/2010  11/3/2015, 80 FR 67650...
                                  CFR.
252:100-17-1.3.................  Incinerators and        7/11/2010  11/3/2015, 80 FR 67650...
                                  fuel-burning
                                  equipment or
                                  units.
----------------------------------------------------------------------------------------------------------------
                                              Part 3. Incinerators
----------------------------------------------------------------------------------------------------------------
252:100-17-2...................  Applicability....       7/11/2010  11/3/2015, 80 FR 67650...
252:100-17-2.1.................  Exemptions.......       7/11/2010  11/3/2015, 80 FR 67650...
252:100-17-2.2.................  Definitions......       7/11/2010  11/3/2015, 80 FR 67650...
252:100-17-3...................  Opacity..........       6/25/1998  12/29/2008, 73 FR 79400..
252:100-17-4...................  Particulate             7/11/2010  11/3/2015, 80 FR 67650...
                                  matter.
252:100-17-5...................  Incinerator             7/11/2010  11/3/201, 80 FR 67650....
                                  design and
                                  operation
                                  requirements.
252:100-17-5.1.................  Alternative             7/11/2010  11/3/2015, 80 FR 67650...
                                  incinerator
                                  design
                                  requirements.
252:100-17-7...................  Test methods.....       7/11/2010  11/3/2015, 80 FR 67650...
----------------------------------------------------------------------------------------------------------------
                                      Part 4. Biomedical Waste Incinerators
----------------------------------------------------------------------------------------------------------------
252:100-17-8...................  Applicability....        7/1/2011  11/3/2015, 80 FR 67650...
252:100-17-9...................  Definitions......        7/1/2011  11/3/2015, 80 FR 67650...
252:100-17-10..................  Design and               7/1/2011  11/3/2015, 80 FR 67650...
                                  operation.
252:100-17-11..................  Emission limits..        7/1/2011  11/3/2015, 80 FR 67650...
----------------------------------------------------------------------------------------------------------------
                            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......        7/1/2009  11/3/2015, 80 FR 67650...
252:100-19-4...................  Allowable                6/1/2000  12/29/2008, 73 FR 79400..
                                  particulate
                                  matter emission
                                  rates from fuel-
                                  burning units.
252:100-19-10..................  Allowable                6/1/2000  12/29/2008, 73 FR 79400..
                                  particulate
                                  matter emission
                                  rates from
                                  indirectly fired
                                  wood fuel-
                                  burning units.
252:100-19-11..................  Allowable                7/1/2009  11/3/2015, 80 FR 67650...
                                  particulate
                                  matter 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 79400..
                                  particulate
                                  matter 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 79400..  NOT in SIP:
                                  general                                                       paragraph
                                  requirements.                                                 (b)(2).
252:100-23-4...................  Visible emissions        6/1/1999  12/29/2008, 73 FR 79400..
                                  (opacity) and
                                  particulates.

[[Page 733]]

 
252:100-23-5...................  Emission control         6/1/1999  12/29/2008, 73 FR 79400..
                                  equipment.
252:100-23-6...................  Fugitive dust            6/1/1999  12/29/2008, 73 FR 79400..
                                  controls.
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 79400..  NOT in SIP:
                                  general                                                       paragraph
                                  requirements.                                                 (b)(2).
252:100-24-4...................  Visible emissions        6/1/1999  12/29/2008, 73 FR 79400..
                                  (opacity) limit.
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 79400..
                                  controls.
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                  6/1/1999  12/29/2008, 73 FR 79400..
                                  prohibition.
252:100-25-2.1.................  Definitions......        6/1/1999  12/29/2008, 73 FR 79400..
252:100-25-3...................  Opacity limit....        7/1/2009  11/3/2015, 80 FR 67650...
252:100-25-4...................  Alternative for          6/1/1999  12/29/2008, 73 FR 79400..
                                  particulates.
252:100-25-5...................  Continuous               6/1/1999  12/29/2008, 73 FR 79400..
                                  emission
                                  monitoring for
                                  opacity.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter 29. Control of Fugitive Dust
----------------------------------------------------------------------------------------------------------------
252:100-29-l...................  Purpose..........       5/26/1994  11/3/1999, 64 FR 59629...
252:100-29-2...................  General                  6/1/2001  12/29/2008, 73 FR 79400..
                                  provisions.
252:100-29-3...................  Precautions              6/1/2001  12/29/2008, 73 FR 79400..
                                  required in
                                  maintenance or
                                  nonattainment
                                  areas.
252:100-29-4...................  Exception for           5/26/1994  11/3/1999, 64 FR 59629...
                                  agricultural
                                  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             5/26/1994  11/3/1999, 64 FR 59629...
                                  testing.
----------------------------------------------------------------------------------------------------------------
                                      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           5/26/1994  11/3/1999, 64 FR 59629...
                                  mist.
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 59629...
                                  sulfur.
----------------------------------------------------------------------------------------------------------------
                                         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..
----------------------------------------------------------------------------------------------------------------

[[Page 734]]

 
                             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 79400..
                                  compliance.
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 79400..
                                  maintenance.
----------------------------------------------------------------------------------------------------------------
                            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 79400..
                                  and products.
252:100-37-26..................  Clean up with           6/11/1999  12/29/2008, 73 FR 79400..
                                  VOCs.
----------------------------------------------------------------------------------------------------------------
                                      Part 7. Control of Specific Processes
----------------------------------------------------------------------------------------------------------------
252:100-37-35..................  Waste gas               6/11/1999  12/29/2008, 73 FR 79400..
                                  disposal.
252:100-37-36..................  Fuel-burning and        6/11/1999  12/29/2008, 73 FR 79400..
                                  refuse-burning
                                  equipment.
252:100-37-37..................  Effluent water          6/11/1999  12/29/2008, 73 FR 79400..
                                  separators.
252:100-37-38..................  Pumps and               6/11/1999  12/29/2008, 73 FR 79400..
                                  compressors.
----------------------------------------------------------------------------------------------------------------
                          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 79400..
                                  requirements.
----------------------------------------------------------------------------------------------------------------
                       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 79400..
                                  applicability.
252:100-39-4...................  Exemptions.......       6/11/1999  12/29/2008, 73 FR 79400..
----------------------------------------------------------------------------------------------------------------
                                      Part 3. Petroleum Refinery Operations
----------------------------------------------------------------------------------------------------------------
252:100-39-15..................  Petroleum               6/11/1999  12/29/2008, 73 FR 79400..
                                  refinery
                                  equipment leaks.
252:100-39-16..................  Petroleum               6/11/1999  12/29/2008, 73 FR 79400..
                                  refinery process
                                  unit turnaround.
252:100-39-17..................  Petroleum               6/11/1999  12/29/2008, 73 FR 79400..
                                  refinery vacuum
                                  producing system.
252:100-39-18..................  Petroleum               6/11/1999  12/29/2008, 73 FR 79400..
                                  refinery
                                  effluent water
                                  separators.
----------------------------------------------------------------------------------------------------------------
                                    Part 5. Petroleum Processing and Storage
----------------------------------------------------------------------------------------------------------------
252:100-39-30..................  Petroleum liquid        6/11/1999  12/29/2008, 73 FR 79400..
                                  storage in
                                  vessels with
                                  external
                                  floating roofs.
----------------------------------------------------------------------------------------------------------------

[[Page 735]]

 
                                           Part 7. Specific Operations
----------------------------------------------------------------------------------------------------------------
252:100-39-40..................  Cutback asphalt         6/11/1999  12/29/2008, 73 FR 79400..
                                  (paving).
252:100-39-41..................  Storage, loading        6/11/1999  12/29/2008, 73 FR 79400..
                                  and transport/
                                  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 79400..
                                  systems.
252:100-39-44..................  Manufacture of          6/11/1999  12/29/2008, 73 FR 79400..
                                  pneumatic rubber
                                  tires.
252:100-39-45..................  Petroleum               6/11/1999  12/29/2008, 73 FR 79400..
                                  (solvent) dry
                                  cleaning.
252:100-39-46..................  Coating of parts        6/11/1999  12/29/2008, 73 FR 79400..
                                  and products.
252:100-39-47..................  Control of VOC          6/11/1999  12/29/2008, 73 FR 79400..
                                  emissions from
                                  aerospace
                                  industries
                                  coatings
                                  operations.
252:100-39-49..................  Manufacturing of        6/11/1999  12/29/2008, 73 FR 79400..
                                  fiberglass
                                  reinforced
                                  plastic products.
----------------------------------------------------------------------------------------------------------------
                                   Subchapter 43. Sampling and Testing Methods
----------------------------------------------------------------------------------------------------------------
                                           Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-43-1...................  Purpose..........       5/26/1994  11/3/1999, 64 FR 59629...
252:100-43-2...................  Test procedures..       5/26/1994  11/3/1999, 64 FR 59629...
252:100-43-3...................  Conduct of tests.       5/26/1994  11/3/1999, 64 FR 59629...
----------------------------------------------------------------------------------------------------------------
                                            Part 3. Specific Methods
----------------------------------------------------------------------------------------------------------------
252:100-43-15..................  Gasoline vapor          5/26/1994  11/3/1999, 64 FR 59629...
                                  leak detection
                                  procedure by
                                  combustible gas
                                  detector.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter 45. Monitoring of Emissions
----------------------------------------------------------------------------------------------------------------
252:100-45-1...................  Purpose..........       5/26/1994  11/3/1999, 64 FR 59629...
252:100-45-2...................  Monitoring              5/26/1994  11/3/1999, 64 FR 59629...
                                  equipment
                                  required.
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 79400..
                                  certifications.
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               7/11/2010  11/3/2015................
                                  Particulate                       80 FR 67650..............
                                  Matter Emission
                                  Rate for
                                  Incinerators.
252:100, Appendix C............  Allowable                7/1/2009  11/3/2015................
                                  Particulate                       80 FR 67650..............
                                  Matter Emission
                                  Rates for
                                  Indirectly Fired
                                  Fuel-Burning
                                  Units.
252:100, Appendix D............  Allowable                7/1/2009  11/3/2015................
                                  Particulate                       80 FR 67650..............
                                  Matter Emission
                                  Rates for
                                  Indirectly Fired
                                  Wood Fuel-
                                  Burning Units.
252:100, Appendix E............  Primary Ambient          7/1/2011  11/3/2015................
                                  Air Quality                       80 FR 67650..............
                                  Standards.
252:100, Appendix F............  Secondary Ambient        7/1/2010  11/3/2015................
                                  Air Quality                       80 FR 67650..............
                                  Standards.

[[Page 736]]

 
252:100, Appendix G............  Allowable                7/1/2009  11/3/2015................
                                  Particulate                       80 FR 67650..............
                                  Matter Emission
                                  Rates for
                                  Directly Fired
                                  Fuel-Burning
                                  Units and
                                  Industrial
                                  Process.
252:100, Appendix H............  De minimis              6/25/1998  5/15/2017, 82 FR 22281...  NOT in SIP: ``and/
                                  Facilities.                                                   or toxic.''
252:100, Appendix L............  PM-10 Emission           6/1/1999  12/29/2008, 73 FR 79400..
                                  Factors for
                                  Permit by Rule
                                  for Grain
                                  Elevators.
252:100, Appendix P............  Regulated Air           6/15/2007  9/28/2016, 81 FR 66535...
                                  Pollutants.
252:100, Appendix Q............  Incorporation by         7/1/2012  9/28/2016, 81 FR 66535...
                                  Reference.
----------------------------------------------------------------------------------------------------------------
  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                 5/26/1994  2/29/1996, 61 FR 7709....  Subsection (2)
                                  instructions.                                                 only.
595:20-3-3.....................  When emission           5/26/1994  2/29/1996, 61 FR 7709....
                                  anti-tampering
                                  inspection
                                  required where
                                  population less
                                  than 500,000.
595:20-3-5.....................  Emission                5/26/1994  2/29/1996, 61 FR 7709....
                                  inspection areas.
595:20-3-6.....................  Documentation for       5/26/1994  2/29/1996, 61 FR 7709....
                                  every inspection.
595:20-3-12....................  Inspection              5/26/1994  2/29/1996, 61 FR 7709....
                                  required each
                                  year.
595:20-3-25....................  Motorcycle or           5/26/1994  2/29/1996, 61 FR 7709....
                                  motor-driven
                                  cycles (Class
                                  ``B'').
595:20-3-26....................  Trailer and             5/26/1994  2/29/1996, 61 FR 7709....
                                  semitrailer
                                  trucks, (Class
                                  ``C'').
595:20-3-27....................  School Buses            5/26/1994  2/29/1996, 61 FR 7709....
                                  (Class ``D'').
595:20-3-41....................  Supervisory             5/26/1994  2/29/1996, 61 FR 7709....  Subsection (o)
                                  responsibility                                                only.
                                  of inspection
                                  station owners
                                  and operators.
595:20-3-42....................  Responsibility          5/26/1994  2/29/1996, 61 FR 7709....
                                  for signs,
                                  forms, etc.
595:20-3-46....................  Security measures       5/26/1994  2/29/1996, 61 FR 7709....  Subsections (a)
                                                                                                and (b) only.
595:20-3-61....................  Refund of unused        5/26/1994  2/29/1996, 61 FR 7709....  Subsections (a),
                                  stickers.                                                     (b), (e), and
                                                                                                (f) only.
595:20-3-63....................  Rejected vehicles       5/26/1994  2/29/1996, 61 FR 7709....  Subsections (b)
                                                                                                and (g) 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 7709....  Subsections (c)
                                                                                                and (f) only.
595:20-7-2.....................  Inspection              5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  certificate.                                                  only.
595:20-7-3.....................  Rejection               5/26/1994  2/29/1996, 61 FR 7709....
                                  receipt--Form
                                  VID 44.
595:20-7-4.....................  Station monthly         5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  report--Form VID                                              only.
                                  21.
595:20-7-5.....................  Signature card--        5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  Form VID 17.                                                  only.
595:20-7-6.....................  Request for             5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  inspection                                                    only.
                                  stickers--Form
                                  VID 19.
595:20-7-7.....................  Request for             5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  refund--Form VID                                              only.
                                  25.
----------------------------------------------------------------------------------------------------------------
              Subchapter 9. Class AE Inspection Station, Vehicle Emission Anti-Tampering Inspection
----------------------------------------------------------------------------------------------------------------
595:20-9-1.....................  General..........       5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                                                                                only.
595:20-9-3.....................  Vehicle emission        5/26/1994  2/29/1996, 61 FR 7709....  Subsections (l)
                                  inspection.                                                   and (m) only.

[[Page 737]]

 
595:20-9-7.....................  Catalytic               5/26/1994  2/29/1996, 61 FR 7709....
                                  Converter System
                                  (C.A.T.).
595:20-9-10....................  Evaporative             5/26/1994  2/29/1996, 61 FR 7709....  Subsections (a),
                                  emission control                                              (b), and (c)
                                  system (E.N.P.).                                              only.
595:20-9-11....................  Air injection           5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  system (A.I.S.                                                only.
                                  or A.I.R.).
595:20-9-12....................  Positive                5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  crankcase                                                     only.
                                  ventilation
                                  system (P.C.V.
                                  Valve).
595:20-9-13....................  Oxygen sensor....       5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                                                                                only.
595:20-9-14....................  Thermostatic air        5/26/1994  2/29/1996, 61 FR 7709....  Subsections (a)
                                  intake system                                                 and (b) only.
                                  (T.A.C.).
595:20-9-15....................  Exhaust gas             5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  recirculation                                                 only.
                                  system (E.G.R.).
----------------------------------------------------------------------------------------------------------------
    Subchapter 11. Annual Motor Vehicle Inspection and Emission Anti-Tampering Inspection Records and Reports
----------------------------------------------------------------------------------------------------------------
595:20-11-1....................  General..........       5/26/1994  2/29/1996, 61 FR 7709....
595:20-11-2....................  Inspection              5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  certificate--VEC                                              only.
                                  -1.
595:20-11-3....................  Rejection               5/26/1994  2/29/1996, 61 FR 7709....  Subsection (a)
                                  certificate--VII                                              only.
                                  D-44.
595:20-11-4....................  Appeal procedure.       5/26/1994  2/29/1996, 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 date      EPA approval date         Explanation
----------------------------------------------------------------------------------------------------------------
General Motors, Oklahoma City:   .................       3/28/1977  12/20/1977, 42 FR 63781..  Ref:
 Addendum I to Chapter 4,                                                                       52.1960(c)(10).
 Emissions Offset Agreement for
 Permit Application.
McAlester Army Ammunition Plant  Variance.........       9/21/1979  5/26/1981, 46 FR 28159...  Ref:
 McAlester, OK.                                                                                 52.1960(c)(21).
Mesa Petroleum Company.........  Variance.........        2/6/1984  7/27/1984, 49 FR 30184...  Ref:
                                                                                                52.1960(c)(31).
Rockwell International, Tulsa..  Alternate RACT...        3/9/1990  6/12/1990, 55 FR 23730...  Ref:
                                                                                                52.1960(c)(36).
McDonald Douglas, Tulsa........  Alternate RACT...        3/9/1990  6/12/1990, 55 FR 23730...  Ref:
                                                                                                52.1960(c)(36).
American Airlines, Tulsa.......  Alternate RACT...        3/9/1990  6/12/1990, 55 FR 23730...  Ref:
                                                                                                52.1960(c)(36).
Nordam Lansing Street facility,  Alternate RACT...        3/9/1990  6/12/1990, 55 FR 23730...  Ref:
 Tulsa.                                                                                         52.1960(c)(36).
Conoco Refinery, Ponca City....  88-116-C.........       11/7/1989  3/6/1992, 57 FR 08077....  Ref:
                                                                                                52.1960(c)(42).
Conoco Refinery, Ponca City....  88-117-O.........       11/7/1989  3/6/1992, 57 FR 08077....  Ref:
                                                                                                52.1960(c)(42).
Units 3 and 4 of the American    PSO Regional Haze       6/20/2013  3/7/2014, 79 FR 12953....
 Electric Power/Public Service    Agreement, Case
 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.

[[Page 738]]



             EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                   geographic or         State
     Name of SIP provision         nonattainment    submittal date      EPA approval date         Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
Chapter 1, Abstract............  Statewide........      10/16/1972  05/14/1973, 38 FR 12696..  Ref:
                                                                                                52.1960(c)(6).
Chapter 2, Description of        Statewide........      01/28/1972  05/31/1972, 37 FR 10842..  Ref: 52.1960(b).
 Regions.
Chapter 3, Legal Authority.....  Statewide........      10/16/1972  05/14/1973, 38 FR 12696..  Ref:
                                                                                                52.1960(c)(6).
Chapter 4, Control Strategy....  Statewide........      10/16/1972  05/14/1973, 38 FR 12696..  Ref:
                                                                                                52.1960(c)(6).
A. Part D Requirements.........  Nonattainment          04/02/1979  02/13/1980, 45 FR 09733..  Ref:
                                  areas.                                                        52.1960(c)(14).
B. Photochemical Oxidants        Statewide........      04/02/1979  02/13/1980, 45 FR 09733..  Ref:
 (Ozone).                                                                                       52.1960(c)(14).
C. Carbon Monoxide.............  Statewide........      04/02/1979  02/13/1980, 45 FR 09733..  Ref:
                                                                                                52.1960(c)(14).
D. Total Suspended Particulates  Statewide........      04/02/1979  02/13/1980, 45 FR 09733..  Ref:
                                                                                                52.1960(c)(14).
E. Public notification.........  Statewide........      04/02/1979  05/14/1982, 47 FR 20771..  Ref:
                                                                                                52.1960(c)(17).
F. Lead SIP....................  Statewide........      03/05/1980  04/16/1982, 47 FR 16328..  Ref:
                                                                                                52.1960(c)(18).
G. PM10 SIP....................  Statewide........      08/22/1989  02/12/1991, 56 FR 05653..  Ref:
                                                                                                52.1960(c)(38).
H. Tulsa County Ozone Plan.....  Tulsa County.....      02/20/1985  01/31/1991, 56 FR 03777..  Ref:
                                                                                                52.1960(c)(39).
I. Oklahoma County Carbon        Oklahoma County..      10/17/1985  08/08/1991, 56 FR 37651..  Ref:
 Monoxide Plan.                                                                                 52.1960(c)(40).
J. Central Oklahoma EAC area 8-  Canadian,              12/22/2004  8/16/2005, 70 FR 48078...
 hour ozone standard attainment   Cleveland,
 demonstration, Emission          Grady, Lincoln,
 Reduction Strategies, Clean      Logan, McClain,
 Air Plan, and Memorandum of      and Oklahoma
 Agreement between the ODEQ and   Counties.
 ACOG defining duties and
 responsibilities of each party
 for implementation of the
 Central Oklahoma EAC area
 Emission Reduction Strategies.
K. Tulsa EAC Area 8-hour ozone   Tulsa County and       12/22/2004  8/19/2005, 70 FR 48645...
 standard attainment              portions of
 demonstration, Clean Air Plan,   Creek, Osage,
 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 Schedules  Statewide........      10/16/1972  05/14/1973, 38 FR 12696..  Ref:
                                                                                                52.1960(c)(6).
Chapter 6, Emergency Episode     Statewide........      08/22/1989  02/12/1991, 56 FR 05653..  Ref:
 Control Plan.                                                                                  52.1960(c)(38).
Chapter 7, Atmospheric           Statewide........      03/07/1980  08/06/1981, 46 FR 40005..  Ref:
 Surveillance System.                                                                           52.1960(c)(22).
Chapter 8, Source Surveillance   Statewide........      10/16/1972  05/14/1973, 38 FR 12696..  Ref:
 System.                                                                                        52.1960(c)(6).
Chapter 9, Resources...........  Statewide........      04/02/1979  02/13/1980, 45 FR 09733..  Ref:
                                                                                                52.1960(c)(14).
Chapter 10, Intergovernmental    Statewide........      04/02/1979  05/14/1982, 47 FR 20771..  Ref:
 Cooperation.                                                                                   52.1960(c)(17).
Small Business Assistance        Statewide........      11/19/1992  06/23/1994, 59 FR 32365..  Ref:
 Program.                                                                                       52.1960(c)(45).
Oklahoma Vehicle Anti-Tampering  Statewide........      05/16/1994  02/29/1996, 61 FR 07709..  Ref:
 Program.                                                                                       52.1960(c)(46).
Oklahoma Visibility Protection   Statewide........      06/08/1990  11/08/1999, 64 FR 60683..  Ref:
 Plan.                                                                                          52.1960(c)(49).
Interstate transport for the     Statewide........        5/1/2007  11/26/2010, 75 FR 72701    Noninterference
 1997 ozone and PM2.5 NAAQS                                          12/28/11, 76 FR 81728.     with measures
 (Noninterference with measures                                                                 required to
 required to prevent                                                                            prevent
 significant deterioration of                                                                   significant
 air quality or to protect                                                                      deterioration of
 visibility in any other State).                                                                air quality in
                                                                                                any other State
                                                                                                approved 11/26/
                                                                                                2010.
                                                                                                Noninterference
                                                                                                with measures
                                                                                                required to
                                                                                                protect
                                                                                                visibility in
                                                                                                any other State
                                                                                                partially
                                                                                                approved 12/28/
                                                                                                11.

[[Page 739]]

 
Regional haze SIP:.............  Statewide........       2/17/2010  3/7/2014, 79 FR 12953....  Core requirements
(a) Determination of baseline                                                                   of 40 CFR
 and natural visibility                                                                         51.308. Initial
 conditions.                                                                                    approval 12/28/
(b) Coordinating regional haze                                                                  2011, 76 FR
 and reasonably attributable                                                                    81728. Approval
 visibility impairment.                                                                         for Sec.
(c) Monitoring strategy and                                                                     51.308(d)(1)(vi)
 other implementation                                                                           1/5/2016, 81 FR
 requirements.                                                                                  349
(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.
Interstate transport for the     Statewide........        5/1/2007  12/29/11, 76 FR 81837....
 1997 ozone NAAQS (contribute
 to nonattainment).
Interstate transport for the     Statewide........        5/1/2007  12/29/11, 76 FR 81837....
 1997 PM2.5 NAAQS (contribute
 to nonattainment or interfere
 with maintenance).
Interstate transport for the     Statewide........        4/5/2011  12/29/11, 76 FR 81837....
 2006 PM2.5 NAAQS (contribute
 to nonattainment or interfere
 with maintenance).
Infrastructure for the 1997      Statewide........       12/5/2007  1/26/2012, 77 FR 3933....  Approval for
 Ozone and the 1997 and 2006                             6/24/2010                              110(a)(2)(A),
 PM2.5 NAAQS.                                             4/5/2011                              (B), (C),
                                                                                                (D)(ii), (E),
                                                                                                (F), (G), (H),
                                                                                                (J), (K), (L),
                                                                                                and (M).
Interstate transport for the     Statewide........        4/5/2011  1/26/2012, 77 FR 3933....  Approval for
 2006 PM2.5 NAAQS                                                                               110(a)(2)(D)(i)(
 (Noninterference with measures                                                                 II).
 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 12953....  Revised BART
 SIP concerning Units 3 and 4                                                                   determination.
 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 12953....  If a SO2 emission
 visibility concerning Units 3                                                                  limit of 0.3 lb/
 and 4 of the AEP/PSO                                                                           MMBtu is not met
 Northeastern plant.                                                                            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).
Infrastructure for the 2008 Pb   Statewide........       10/5/2012  12/9/2016, 81 FR 89010...
 NAAQS.
Infrastructure for the 2010 NO2  Statewide........       2/28/2014  12/9/2016, 81 FR 89010...
 NAAQS.
Infrastructure for the 2008      Statewide........       1/28/2015  12/9/2016, 81 FR 89010...  Does not address
 Ozone NAAQS.                                                                                   110(a)(2)(D)
                                                                                                (i)(I).
Infrastructure for the 2010 SO2  Statewide........       1/28/2015  12/9/2016, 81 FR 89010...  Does not address
 NAAQS.                                                                                         110(a)(2)(D)
                                                                                                (i)(I) or
                                                                                                110(a)(2)(D)
                                                                                                (i)(II)
                                                                                                (visibility
                                                                                                portion).
----------------------------------------------------------------------------------------------------------------


[[Page 740]]


                                    EPA Approved Statutes in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
         State citation              Title/subject     effective date       EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
                     1992 Oklahoma Clean Air Act (63 O.S.A. 1992, Sections 1-1801 to 1-1819)
----------------------------------------------------------------------------------------------------------------
Section 1-1801..................  Citation...........      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1802..................  Purpose............      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1803..................  Municipal                05/15/1992  06/23/1994, 59 FR 32365....
                                   Regulations.
Section 1-1804.1................  Definitions........      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1805.1................  Administrative           05/15/1992  06/23/1994, 59 FR 32365....
                                   Agency Powers.
Section 1-1806.1................  Adoption of Rules..      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1807.1................  Air Quality Council      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1808.1................  Powers and Duties        05/15/1992  06/23/1994, 59 FR 32365....
                                   of the Air Quality
                                   Council.
Section 1-1809..................  Chief of Air             05/15/1992  06/23/1994, 59 FR 32365....
                                   Quality Council/
                                   Citizen Complaints.
Section 1-1810..................  Variances..........      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1811..................  Compliance Orders..      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1812..................  Field Citation           05/15/1992  06/23/1994, 59 FR 32365....
                                   Program/
                                   Administrative
                                   Penalties.
Section 1-1813..................  Permitting Program.      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1814..................  Fees...............      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1815..................  Emission Standards/      05/15/1992  06/23/1994, 59 FR 32365....
                                   Toxic Air
                                   Contaminant
                                   Emissions/Oil and
                                   Gas Emissions.
Section 1-1816..................  Small Business           05/15/1992  06/23/1994, 59 FR 32365....
                                   Assistance Program.
Section 1-1817..................  Criminal Penalties.      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1818..................  Civil Action.......      05/15/1992  06/23/1994, 59 FR 32365....
Section 1-1819..................  Keeping Certain          05/15/1992  06/23/1994, 59 FR 32365....
                                   Rules and
                                   Enforcement
                                   Actions Effective.
----------------------------------------------------------------------------------------------------------------
                     1992 Oklahoma Environmental Quality Act (27A O.S.A., Sections 1 to 12)
----------------------------------------------------------------------------------------------------------------
Section 1.......................  Citation...........      06/12/1992  06/23/1994, 59 FR 32365....
Section 2.......................  Purpose............      06/12/1992  06/23/1994, 59 FR 32365....
Section 3.......................  Definitions........      06/12/1992  06/23/1994, 59 FR 32365....
Section 4.......................  Transition.........      06/12/1992  06/23/1994, 59 FR 32365....
Section 5.......................  Pollution Control        06/12/1992  06/23/1994, 59 FR 32365....
                                   Coordinating Board
                                   and Department of
                                   Pollution Control.
Section 6.......................  Jurisdictional           06/12/1992  06/23/1994, 59 FR 32365....
                                   Areas of
                                   Environmental
                                   Responsibility.
Section 7.......................  Environmental            06/12/1992  06/23/1994, 59 FR 32365....
                                   Quality Board.
Section 8.......................  Executive Director.      06/12/1992  06/23/1994, 59 FR 32365....
Section 9.......................  Department of            06/12/1992  06/23/1994, 59 FR 32365....
                                   Environmental
                                   Quality.
Section 10......................  Advisory Councils..      06/12/1992  06/23/1994, 59 FR 32365....
Section 11......................  Time Periods for         06/12/1992  06/23/1994, 59 FR 32365....
                                   Certain Permits
                                   and Complaints.
Section 12......................  Resolution.........      06/12/1992  06/23/1994, 59 FR 32365....
----------------------------------------------------------------------------------------------------------------


[65 FR 47328, Aug. 2, 2000; 65 FR 52476, 52477, Aug. 29, 2000, as 
amended at 70 FR 48080, Aug. 16, 2005; 70 FR 48647, Aug. 19, 2005; 70 FR 
53275, Sept. 7, 2005; 73 FR 79404, Dec. 29, 2008; 75 FR 72701, Nov. 26, 
2010; 76 FR 81757, Dec. 28, 2011; 76 FR 81839, Dec. 29, 2011; 77 FR 
3934, Jan. 26, 2012; 79 FR 12953, Mar. 7, 2014; 80 FR 67650, Dec. 3, 
2015; 81 FR 349, Jan. 5, 2016; 81 FR 66535, Sept. 28, 2016; 81 FR 89010, 
Dec. 9, 2016; 82 FR 22284, May 15, 2017]

    Effective Date Note: At 82 FR 27122, June 14, 2017, Sec. 52.1920 
was amended by adding an entry for ``Infrastructure for the 2012 
PM2.5 NAAQS'' to the end of the first table, effective July 
14, 2017. For the convenience of the user, the added and revised text is 
set forth as follows:



Sec. 52.1920  Identification of plan.

                                * * * * *

    (e) * * *

             EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable          State
      Name of SIP provision            geographic or      submittal     EPA approval date        Explanation
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 

[[Page 741]]

 
 
Infrastructure for the 2012 PM2.5  Statewide...........    6/16/2016  6/14/2017 [Insert FR  Does not address
 NAAQS.                                                                page number where     110(a)(2)(D)(i)(I).
                                                                       document begins].     No action on
                                                                                             110(a)(2)(D)
                                                                                             (i)(II) (visibility
                                                                                             portion).
----------------------------------------------------------------------------------------------------------------



Sec. 52.1921  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Central Oklahoma Intrastate...............................           I        III       III       III          I
Northeastern Oklahoma Intrastate..........................           I        III       III       III          I
Southeastern Oklahoma Intrastate..........................         III        III       III       III        III
North Central Oklahoma Intrastate.........................         III        III       III       III        III
Southwestern Oklahoma Intrastate..........................         III        III       III       III        III
Northwestern Oklahoma Intrastate..........................         III        III       III       III        III
Metropolitan Fort Smith Interstate........................          II        III       III       III        III
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10887, May 31, 1972, as amended at 45 FR 9741, Feb. 13, 1980]



Sec. 52.1922  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Oklahoma's State Implementation Plan under section 110 of the 
Clean Air Act for the attainment and maintenance of the national 
standards.
    (b) The EPA is disapproving the following severable portions of the 
February 6, 2012, Oklahoma SIP submittal:
    (1) Revisions establishing Minor New Source Review Greenhouse Gas 
(GHG) permitting requirements at OAC 252:100-7-2.1 as submitted on 
February 6, 2012.
    (2) Revisions to the Oklahoma Prevention of Significant 
Deterioration (PSD) program in OAC 252:100-8-31 establishing PSD 
permitting requirements for sources that are classified as major and 
thus required to obtain a PSD permit based solely on their potential GHG 
emissions (``Step 2 sources'') at paragraph (E) of the definition of 
``subject to regulation'' as submitted on February 6, 2012.
    (3) Revisions to the Oklahoma PSD Program at OAC 252:100-8-
33(c)(1)(C) establishing the PM2.5 Significant Monitoring 
Concentration as submitted on February 6, 2012.
    (4) Revisions to the Oklahoma PSD Program in OAC 252:100-8-35(a)(2) 
establishing the PM2.5 PSD Significant Impact Levels as 
submitted on February 6, 2012.
    (c) The EPA is disapproving the revisions to the Oklahoma State 
Implementation Plan definitions of ``carbon dioxide equivalent 
emissions'' at OAC 252:100-1-3 and ``subject to regulation'' at OAC 
252:100-8-31 to implement the Greenhouse Gas Biomass Deferral as 
submitted on January 18, 2013.

[81 FR 74922, Oct. 28, 2016]

[[Page 742]]



Sec. 52.1923  Best Available Retrofit Requirements (BART) for SO 
[bdi2] 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 75. 
Compliance with the emission limits for SO2 shall be 
determined by using data from a CEMS.

[[Page 743]]

    (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:
    (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

[[Page 744]]

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 RP Alternative Determination'' (Section VI.E);
    (4) Separate executed agreements between ODEQ and OG&E, and ODEQ and 
AEP/PSO entitled ``OG&E RH Agreement, Case No. 10-024, and ``PSO RH 
Agreement, Case No. 10-025,'' housed within Appendix 6-5 of the RH SIP; 
and
    (5) The reasonable progress goals for the first planning period and 
the reasonable progress consultation with Texas for the Wichita 
Mountains Class I area.
    (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; 81 
FR 349, Jan. 5, 2016]



Sec. 52.1929  Significant deterioration of air quality.

    (a) Regulation for preventing significant deterioration of air 
quality. The Oklahoma plan, as submitted, does not apply to certain 
sources in the State. Therefore the provisions of Sec. 52.21 except 
paragraph (a)(1) are hereby incorporated, and made part of the Oklahoma 
State implementation plan, and are applicable to the following major 
stationary sources or major modifications:
    (i) Sources permitted by EPA prior to approval of the Oklahoma PSD 
program for which EPA retains enforcement authority.
    (ii) Sources proposing to locate on lands over which Oklahoma does 
not have jurisdiction under the Clean Air Act to issue PSD permits.
    (b) The plan revisions submitted by the Governor of Oklahoma on 
August 22, 1989, as adopted on March 23, 1989, by the Oklahoma State 
Board of Health and effective June 11, 1989, amendments to OAPCR 1.4.4 
``Major Sources--Prevention of Significant Deterioration (PSD) 
Requirements for Attainment Areas'' is approved as meeting the 
requirements of Part C of the Clean Air Act for preventing significant 
deterioration of air quality.

[56 FR 5656, Feb. 12, 1991, as amended at 68 FR 11324, Mar. 10, 2003; 68 
FR 74490, Dec. 24, 2003; 75 FR 82559, Dec. 30, 2010; 76 FR 11965, Mar. 
4, 2011; 81 FR 66538, Sept. 28, 2016]



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 CSAPR NOX 
Ozone Season Group 1 Trading Program in subpart BBBBB of part 97 of this 
chapter must comply with such requirements with regard to emissions 
occurring in 2015 and 2016.
    (b) 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 CSAPR NOX 
Ozone Season Group 2 Trading Program in subpart EEEEE of

[[Page 745]]

part 97 of this chapter must comply with such requirements with regard 
to emissions occurring in 2017 and each subsequent year. 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 CSAPR 
Federal Implementation Plan (FIP) under Sec. 52.38(b) for those sources 
and units, except to the extent the Administrator's approval is partial 
or conditional, provided that because the CSAPR FIP was promulgated as a 
partial rather than full remedy for an obligation of the State to 
address interstate air pollution, the SIP revision likewise will 
constitute a partial rather than full remedy for the State's obligation 
unless provided otherwise in the Administrator's approval of the SIP 
revision. 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.
    (c) Notwithstanding the provisions of paragraph (b) of this section, 
if, at the time of the approval of Oklahoma's SIP revision described in 
paragraph (b) of this section, the Administrator has already started 
recording any allocations of CSAPR NOX Ozone Season Group 2 
allowances under subpart EEEEE of part 97 of this chapter to units in 
the State for a control period in any year, the provisions of subpart 
EEEEE of part 97 of this chapter authorizing the Administrator to 
complete the allocation and recordation of CSAPR NOX Ozone 
Season 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.

[81 FR 74599, Oct. 26, 2016]



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''

[[Page 746]]

Sec. 2.2 and Sec. 3.2 table II as adopted September 6, 1988, by the 
Oklahoma Air Quality Council are approved as meeting the requirements of 
section 110 of the Clean Air Act and 40 CFR part 51 subpart H.

[56 FR 5656, Feb. 12, 1991]



Sec. 52.1935  Small business assistance program.

    The Governor of Oklahoma submitted on November 19, 1992, a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to small 
businesses, hire an Ombudsman to serve as an independent advocate for 
small businesses, and establish a Compliance Advisory Panel to advise 
the program and report to EPA on the program's effectiveness.

[59 FR 32370, June 23, 1994]



Sec. 52.1960  Original Identification of plan section.

    (a) This section identifies the original ``State of Oklahoma Air 
Quality Control Implementation Plan'' and all revisions submitted by 
Oklahoma that were federally approved prior to June 1, 2000.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) An opinion of the State Attorney General concerning the State's 
legal authority in emergency episode prevention and public disclosure 
was submitted February 15, 1972. (Non-regulatory)
    (2) Letter from State Department of Health concerning emergency 
episode prevention, sampling site locations and governmental cooperation 
was submitted on February 25, 1972. (Non-regulatory)
    (3) Letter of May 4, 1972, from the State Department of Health 
clarifies Regulations 4, 13, 14, and Title 63 of the State air quality 
regulations concerning emission data, emergency episodes, compliance 
schedules and new source review. (Non-regulatory)
    (4) Revisions concerning Regulations 4 through 8, 13 and 15 through 
18 were submitted by the Governor on July 14, 1972.
    (5) Certification on October 4, 1972, of amendments to Regulation 14 
of the State regulations was submitted by the Governor. (Non-regulatory)
    (6) Corrections of the plan submitted previously and consolidated 
were submitted on October 16, 1972. (Non-regulatory)
    (7) Sections 16.1, 16.3, and 16.5 of Regulation No. 16, ``Control of 
Emissions of Sulfur Compounds,'' the Control Strategy which relates to 
sulfur oxides control under the applicable sections of Regulation 16, 
and emission limitations on existing sources as adopted on December 1, 
1974 and submitted by the Governor on March 4, 1975.
    (8) Revision to Oklahoma Regulation 4.2 (public availability of 
emission data) was submitted by the Governor on October 7, 1975.
    (9) Administrative revisions to Oklahoma SIP Chapter 1, Table 2, 
Oklahoma Ambient Air Quality Standards, Chapter 8, Source Surveillance 
and Enforcement System, section 8 A, B, and C relating to permits, and 
addition of Appendix Q, relating to Oklahoma Air Quality Standards, were 
submitted by the Oklahoma State Department of Health on May 16, 1975, 
with clarification submitted on June 17, 1977. (Nonregulatory).
    (10) Consent agreements creditable as emission offsets were 
submitted by the Governor on March 28, 1977 as Addendum 1 to Chapter IV 
of the Oklahoma Air Quality Implementation Plan.
    (11) Revisions of Oklahoma Regulation No. 15 for control of 
emissions of organic materials were adopted (effective date) December 
31, 1974, and submitted by the Governor on June 16, 1975.
    (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).)

[[Page 747]]

    (13) A general update of Chapter 7: Air Quality Surveillance, was 
submitted by the Governor on July 19, 1978. (Non-regulatory).
    (14) Revisions to the plan for attainment of standards for ozone, 
carbon monoxide, and particulate matter (Part D requirements) were 
submitted by the Governor on April 2, 1979.
    (15) A revised schedule including specific dates of the overall TSP 
program was submitted by the State on March 28, 1980.
    (16) Revisions to Regulation No. 17, Regulation No. 14 section 
14.313, Regulation No. section 14.313(b), Regulation No. 14 section 
14.313(c)(i), Regulation No. 15 section 15.50, Regulation No. 15 section 
15.53, and Regulation No. 3 (Part D requirements) were submitted by the 
Governor on April 11, 1980.
    (17) Revisions to the plan for intergovernmental consultation, 
interstate pollution abatement, public notification, and the State Board 
were submitted by the Governor on April 2, 1979; a letter of commitment 
for new source notification was submitted by the Acting Chief of the 
Oklahoma Air Quality Service on March 31, 1982; a Public Notification 
Workplan was submitted by the Chief of the Oklahoma Air Quality Service 
on January 14, 1980; the Oklahoma Code of Ethics for State Officials and 
Employees, with a clarification letter, was submitted by the Oklahoma 
Commissioner of Health on March 9, 1982; and a clarification letter was 
submitted by the Acting Chief of the Oklahoma Air Quality Service on 
February 23, 1982.
    (18) The Oklahoma State Implementation Plan for lead was submitted 
to EPA on March 5, 1980, by the Governor of Oklahoma as adopted by the 
State Air Quality Council on November 13, 1979. Letters of clarification 
dated October 19 and December 9, 1981, also were submitted.
    (19) Revisions to Regulation No. 15 (i.e., the addition of sections 
15.57, 15.58, and 15.59) were adopted by the State Board of Health on 
April 30, 1980 and submitted by the Governor on June 10, 1980.
    (20) Revisions to Regulation No. 15 (i.e., revisions to sections 
15.524, 15.585, and 15.59, and the addition of Sections 15.60 and 15.61) 
were adopted by the State Board of Health on May 9, 1981 and submitted 
by the Governor on September 14, 1981.
    (21) A variance to the State Regulations 7 and 8 for McAlester Army 
Ammunition Plant located in McAlester, Oklahoma was submitted by the 
State on September 21, 1979 and approved by the State Board of Health on 
September 8, 1979.
    (22) On March 7, 1980, the Governor submitted final revisions to the 
ambient monitoring portion of the plan.
    (23) [Reserved]
    (24) A revision to the Air Pollution Control Regulation 2.1, as 
adopted by the Oklahoma Air Quality Council on January 19, 1982, was 
submitted by the Governor on April 12, 1982.
    (25) Revision to Oklahoma Regulation No. 1.4 Air Resources 
Management-Permits Required (1.4.1-1.4.3) and Major Sources--
Nonattainment areas (1.4.5) was submitted by the Governor on April 12, 
1982. A letter of commitment and a letter of clarification for 
Regulation 1.4 was submitted by the State on April 30, 1982 and December 
9, 1982, respectively.
    (26) On April 2, 1979, the State of Oklahoma submitted an amendment 
to Regulation 1.3 Defining Terms Used in Oklahoma Air Pollution Control 
Regulations (i.e., Table II) and on April 12, 1982, and on May 19, 1983, 
the State submitted revisions to the State's Permit Regulation 1.4 
including adding 1.4.4 [Major Sources--Prevention of Significant 
Deterioration (PSD) Requirements for Attainment Areas] to provide for 
PSD new source review. A Letter of Clarification of October 6, 1982, was 
also submitted.
    (27) Revision to Oklahoma Regulation 3.8 (Control of Emission of 
Hazardous Air Contaminants) submitted by the Governor on February 8, 
1983.
    (28) Revision to Oklahoma Regulation 3.4--Control of Emission of 
Sulfur Compounds was submitted by the Governor on May 19, 1983, which 
changed 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.

[[Page 748]]

    (29) Revision of Oklahoma Regulation 1.4--Air Resources Management--
Permits Required was submitted by the Governors on May 19, 1983. A 
letter of clarification on subsection 1.4.1(c)(3) was submitted by the 
State on September 23, 1983.
    (30) Revision to Oklahoma Regulation No. 1.5--Reports Required: 
Excess Emissions During Startup, Shutdown and Malfunction of Equipment 
was submitted by the Governor on February 8, 1983. Letters of 
clarification were submitted by the State on October 18, 1982 and May 
24, 1983.
    (31) Revision to Regulation 1.4 ``Air Resources Management--Permits 
Required'' and variance and extension for Mesa Petroleum Company 
submitted by the Governor on February 6, 1984. A letter of clarification 
on section 1.4.2(f) Cancellation of Authority to Construct or Modify was 
submitted by the State on February 17, 1984.
    (32) [Reserved]
    (33) Revision to Regulation 3.1 ``Pertaining to the Control of 
Smoke, Visible Emissions and Particulates'' submitted by the Governor on 
February 6, 1984. On May 16, 1984, the Oklahoma State Department of 
Health submitted a letter of clarification on Regulation 3.1.
    (34) Oklahoma Air Pollution Control Regulation 1.4.2(b) ``Stack 
Height Limitation'' and amendments to OAPCR 1.4.2(e) ``Public Review'' 
as adopted on May 8, 1986, and submitted by the Governor on April 30, 
1986, to meet the requirements of the Federal stack height regulations.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 1.4.2(b) 
``Stack Height Limitation'' as adopted on May 8, 1986, and amendments to 
OAPCR 1.4.2(b) section 1.4.2(b)(1)(G) as adopted on July 9, 1987, and 
effective August 10, 1987. In addition, amendments to OAPCR 1.4.2(b) 
section 1.4.2(b)(1)(C); and amendments to OAPCR 1.4.2(e) ``Public 
Review'' section 1.4.2(e)(1)(A) as adopted March 23, 1989, effective 
June 11, 1989, by the Oklahoma Board of Health.
    (ii) Additional material.
    (A) Commitment letter dated July 8, 1988, from the Director of the 
Permits and Enforcement Division of the Oklahoma Air Quality Service, 
Oklahoma State Department of Health.
    (35) May 8, 1985, revisions to Oklahoma Air Pollution Control 
Regulation 3.4.(c)(1)(C) ``Gas Sweetening and Sulfur Recovery Plants'' 
were submitted by the Governor on March 31, 1986.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation 
3.4(c)(1)(C) (Gas Sweetening and Sulfur Recovery Plants); adopted May 8, 
1985, by the Oklahoma Air Quality Council.
    (36) On March 9, 1990, the Governor submitted Oklahoma Air Pollution 
Control Regulation 3.7.5--4(h) ``Control of VOS Emissions from Aerospace 
Industries Coatings Operations.'' This regulation was adopted by the 
Oklahoma Air Quality Council on December 5, 1989, and by the Oklahoma 
Board of Health on February 8, 1990. The regulation became effective 
when it was signed by the Governor as an emergency rule on February 12, 
1990. Also on March 9, 1990, the Governor of Oklahoma submitted four 
source specific alternate RA.T determination Orders issued by the 
Oklahoma Commissioner of Health for the Rockwell International, 
McDonnell Douglas-Tulsa. American Airlines and Nordam facilities in 
Tulsa County.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation 3.7.5--4(h) ``Control 
of VOS Emissions from Aerospace Industries Coatings Operations'' as 
adopted by the Oklahoma Air Quality Council on December 5, 1989, and the 
Oklahoma Board of Health on February 8, 1990, and approved by the 
Governor on February 12, 1990.
    (B) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for Rockwell International, Tulsa approving an 
Alternate Reasonably Available Control Technology (ARACT).
    (C) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for McDonnell Douglas-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

[[Page 749]]

Available Control Technology (ARACT).
    (E) Oklahoma Commissioner of Health Order issued and effective 
February 21, 1990, for Nordam's Lansing Street facility approving an 
Alternate Reasonably Available Control Technology (ARACT).
    (ii) Additional material.
    (A) Rockwell International Tulsa. (1) The document prepared by 
Rockwell International titled ``Rockwell International NAA-Tulsa 
Alternate RACT Determination'' dated October 30, 1989.
    (2) The document prepared by Rockwell titled ``Rockwell 
International NAA-Tulsa Alternate RACT Determination Supplemental 
Submittal'' dated November 22, 1989.
    (B) McDonnell Douglas. (1) The document prepared by McDonnell 
Douglas-Tulsa titled ``Source Specific RACT Determination'' dated 
October 30, 1989.
    (2) The document prepared by McDonnell Douglas-Tulsa titled ``ARACT/
Follow-up Submission'' dated November 20, 1989.
    (C) American Airlines. (1) The document prepared by American 
Airlines titled ``American Airlines Tulsa Alternate RACT'' dated October 
30, 1989.
    (2) The document prepared by American Airlines titled ``ARACT/
Follow-up Submission'' dated November 22, 1989.
    (D) Nordam. (1) The document prepared by Nordam titled ``Source 
Specific RACT Determination'' dated November 29, 1989.
    (2) The document prepared by Nordam titled ``ARACT/Follow-up 
Submission'' dated January 10, 1990.
    (37) On May 8, 1989, the Governor submitted Oklahoma Air Pollution 
Control Regulation 1.5 ``Excess Emission and Malfunction Reporting 
Requirements''. This regulation was adopted by the Oklahoma Board of 
Health on June 23, 1988, and approved by the Oklahoma Legislature on 
February 24, 1989. The regulation became effective on March 11, 1989.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.5 
``Excess Emission and Malfunction Reporting Requirements'', OAPCR 1.5 
title change, Sec. 1.5(a)(1), Sec. 1.5(b)(1)(B), Sec. 1.5(b)(1)(E), 
Sec. 1.5(c), title, Sec. 1.5(c)(1), Sec. 1.5(e)(1), and Sec. 
1.5(e)(2), as adopted by the Oklahoma Board of Health on June 23, 1988, 
and approved by the Oklahoma Legislature on February 24, 1989.
    (38) On August 22, 1989, the Governor submitted Oklahoma's Committal 
SIP for the Group II area of Lawton, Oklahoma. In addition, the 
submittal included the State's Group III SIP for the remainder of the 
State and amendments to the Oklahoma Air Pollution Control Regulations 
1.1, 1.2, 1.4.4, and 1.4.5, and amendments to Chapter 6 ``Emergency 
Episode Control Plan for the State of Oklahoma''.
    (i) Incorporation by reference.
    (A) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
1.1 ``Defining Terms Used in Oklahoma Air Pollution Control 
Regulations'' Sec. 1.1(b)(97), Sec. 1.1(b)(98), Sec. 1.1(b)(99) and 
Sec. 1.1(b)(145), as adopted October 11, 1989, by the Oklahoma State 
Board of Health and effective May 25, 1990. Amendments to OAPCR 1.1, 
Sec. 1.1(b)(127), and Sec. 1.1(b)(128), as adopted March 23, 1989, by 
the Oklahoma State Board of Health and effective June 11, 1989.
    (B) Amendments to OAPCR 1.2 ``Oklahoma Air Quality Standards and 
Increments'' Table 1.2(1), as adopted January 28, 1988, by the Oklahoma 
State Board of Health and effective June 21, 1988.
    (C) Amendments to OAPCR 1.4.4 ``Major Sources--Prevention of 
Significant Deterioration (PSD) Requirements for Attainment Areas'' 
Sec. 1.4.4(b)(22)(A), Sec. 1.4.4(d)(4), Sec. 1.4.4(d)(9), Sec. 
1.4.4(d)(10), Sec. 1.4.4(d)(11), and Sec. 1.4.4(d)(12), as adopted 
March 23, 1989, by the Oklahoma State Board of Health and effective June 
11, 1989.
    (D) Amendments to OAPCR 1.4.5. ``Major Sources--Nonattainment 
Areas'' Sec. 1.4.5(b)(18), and Sec. 1.4.5(c)(1)(C), as adopted March 
23, 1989, by the Oklahoma State Board of Health and effective June 11, 
1989.
    (39) On February 20, 1985, the Governor of Oklahoma, submitted a SIP 
revision designed to achieve the ozone 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

[[Page 750]]

new regulation. On May 8, 1989, the Governor of Oklahoma submitted one 
revised regulation. On March 9, 1990, the Governor of Oklahoma submitted 
four new regulations and several miscellaneous changes to the existing 
SIP approved regulations in Tulsa County. EPA is approving one 
regulation (OAPCR 3.7.5-4(f) ``Petroleum (Solvent) Dry Cleaning'') under 
part A, section 110 of the Clean Air Act. This regulation does not 
represent RACT under part D, section 172 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control 
of Emissions of Organic Materials'' Sec. 3.7.5-4(f) as adopted by the 
Oklahoma State Board of Health on February 7, 1985, and effective July 
1, 1986.
    (B) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control 
of Emissions of Organic Materials'' Sec. 3.7.5-4(f), Sec. 3.7.5-
4(f)(1)(A), Sec. 3.7.5-4(f)(1)(B)(vi), Sec. 3.7.5-4(f)(1)(B)(vii), 
Sec. 3.7.5-4(f)(2)(B), Sec. 3.7.5-4(f)(3)(A)(iv), Sec. 3.7.5-
4(f)(3)(B), Sec. 3.7.5-4(f)(4), Sec. 3.7.5-4(f)(4)(A), Sec. 3.7.5-
4(f)(4)(A)(i), Sec. 3.7.5-4(f)(4)(A)(ii), Sec. 3.7.5-4(f)(4)(A)(iii), 
Sec. 3.7.5-4(f)(5), and Sec. 3.7.5-4(f)(5)(A) as amended by the 
Oklahoma State Board of Health on January 29, 1987, and effective 
January 29, 1987.
    (C) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-1(a), 
Sec. 3.7.5-2(a)(2)(A), Sec. 3.7.5-4(b), Sec. 3.7.5-4(e)(2)(A), Sec. 
3.7.5-4(f)(1)(A), Sec. 3.7.5-4(f)(2)(A), Sec. 3.7.5-4(f)(2)(B), and 
Sec. 3.7.5-4(i) as amended by the Oklahoma State Board of Health on 
March 23, 1989, and effective June 11, 1990.
    (D) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.1(b)(10), 
Sec. 3.7.1(b)(11), Sec. 3.7.1(b)(12), Sec. 3.7.1(b)(13), Sec. 
3.7.1(b)(14), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 3.7.5-2(a)(2), Sec. 
3.7.5-2(a)(3)(A)(iv), Sec. 3.7.5-2(a)(3)(A)(v), Sec. 3.7.5-
2(a)(4)(A)(ii), Sec. 3.7.5-2(a)(5)(A), Sec. 3.7.5-2(a)(6)(A)(i), Sec. 
3.7.5-2(a)(6)(A)(iii), Sec. 3.7.5-2(a)(6)(B), Sec. 3.7.5-
2(a)(8)(A)(i), Sec. 3.7.5-2(a)(9), Sec. 3.7.5-2(b)(1), Sec. 3.7.5-
2(b)(2), Sec. 3.7.5-2(b)(2)(A)(i), Sec. 3.7.5-2(c)(1), Sec. 3.7.5-
2(c)(1)(A), Sec. 3.7.5-2(c)(1)(B), Sec. 3.7.5-2(c)(2), Sec. 3.7.5-
2(c)(3), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-3(a)(2)(B), Sec. 3.7.5-
3(a)(3)(B)(i), Sec. 3.7.5-4(b)(1)(A)(i), Sec. 3.7.5-4(b)(1)(A)(ii), 
Sec. 3.7.5-4(b)(1)(A)(iii), Sec. 3.7.5-4(b)(3)(F), Sec. 3.7.5-
4(c)(1)(A), Sec. 3.7.5-4(c)(1)(A)(ii), Sec. 3.7.5-4(c)(1)(D), Sec. 
3.7.5-4(c)(1)(E), Sec. 3.7.5-4(c)(2)(A)(i), Sec. 3.7.5-4(c)(2)(A)(ii), 
Sec. 3.7.5-4(c)(2)(A)(iii), Sec. 3.7.5-4(c)(2)(A)(iii)(a), Sec. 
3.7.5-4(c)(2)(A)(iii)(d), Sec. 3.7.5-4(c)(2)(C), Sec. 3.7.5-4(c)(3), 
Sec. 3.7.5-4(c)(3)(A), Sec. 3.7.5-4(c)(3)(A)(i), Sec. 3.7.5-4(c)(3) 
(B) through (C) added, Sec. 3.7.5-4(c)(4), Sec. 3.7.(d)(5)(A), Sec. 
3.7.5-4(f)(1)(A), new Sec. 3.7.5-4(g), Sec. 3.7.5-4(i)(1)(B), Sec. 
3.7.5-4(i)(1)(B)(iii), Sec. 3.7.5-4(i)(1)(B)(iv), Sec. 3.7.5-
4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), and Sec. 3.7.5-4(i)(2)(G), as 
amended/adopted by the Oklahoma State Board of Health on October 11, 
1989, and effective May 25, 1990.
    (E) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR) 
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-
2(a)(1)(A), Sec. 3.7.5-2(a)(1)(B), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 
3.7.5-2(a)(1)(B)(vii), Sec. 3.7.5-2(a)(6)(A)(i), Sec. 3.7.5-
2(c)(3)(B), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-4(g)(6), Sec. 3.7.5-
4(g)(11), Sec. 3.7.5-4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), Sec. 3.7.5-
4(i)(1)(F), Sec. 3.7.5-4(i)(1)(G), and new Sec. 3.7.5-4(j) as amended/ 
adopted by the Oklahoma State Board of Health on February 8, 1990, and 
effective May 25, 1990.
    (F) Oklahoma Official Motor Vehicle Inspection Rules and Regulations 
Manual adopted December 5, 1985, and effective January 1, 1986.
    (G) 47 O.S. SUPP. 856.1 et seq. adopted May 24, 1984, and effective 
May 24, 1984.
    (H) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (I) February 20, 1985, plan commitments for Tulsa County, including 
transportation control measures, page 8, and Reasonable Further Progress 
schedules and reporting commitments, pages 10 and 11, dated June 3, 
1986.
    (J) Title 37, chapter 4, section 167, Tulsa City Ordinance number 
16466 as approved and effective October 15, 1985, by the City of Tulsa.
    (K) An October 17, 1989, commitment letter, to develop and 
incorporate test 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.

[[Page 751]]

    (M) A September 28, 1990, Memorandum of Understanding.
    (N) An October 12, 1990, letter to report semiannually to EPA, 
information relating to the effectiveness and enforcement of the I/M 
program.
    (ii) Additional material.
    (A) February 20, 1985, narrative plan revision designed to achieve 
the ozone standard in Tulsa County, including control strategy, modeling 
analysis, transportation control plan and measures, I/M program 
description, and negative declarations.
    (B) A written interpretation by the DPS dated June 26, 1987, of the 
term ``proper replacement'' in Sec. 856.1(C) of the Oklahoma statutes 
to mean ``original equipment manufacturer (OEM) or equivalent''.
    (40) On October 17, 1985, the Governor of Oklahoma submitted a SIP 
revision designed to achieve the carbon monoxide standard in Oklahoma 
County. Supplemental information was submitted on January 29, 1986, 
November 7, 1986, October 12, 1990, and October 15, 1990. The anti-
tampering regulation was submitted to EPA by the Governor on October 8, 
1985.
    (i) Incorporation by reference.
    (A) Oklahoma Official Motor Vehicle Inspection Rules and Regulations 
Manual adopted December 5, 1985, and effective January 1, 1986.
    (B) 47 O.S. SUPP. Section 856.1 et seq. adopted May 24, 1984, and 
effective May 24, 1984.
    (C) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
    (D) October 17, 1985, plan reporting commitments for Oklahoma County 
Reasonable Further Progress schedule, page 6.
    (E) The City of Oklahoma City Ordinance No. 12,575, as passed by the 
Council of the City of Oklahoma City on March 31, 1970, and approved by 
the Mayor on March 31, 1970.
    (ii) Additional material.
    (A) A February 7, 1991, commitment letter stating that the DPS will 
annually conduct unannounced visits at 10 percent of the Oklahoma County 
inspection stations.
    (B) An October 12, 1990, letter committing to report semiannually to 
EPA, information relating to the effectiveness and enforcement of the I/
M program.
    (41) On November 14, 1990, the Governor submitted revisions to 
Oklahoma Air Pollution Control Regulation (Regulation) 1.1 ``Defining 
Terms Used in Oklahoma Air Pollution Control Regulations'', Regulation 
1.2 ``Oklahoma Air Quality Standards and Increments'', and Regulation 
1.4 ``Permits''. These regulations were adopted by the Oklahoma Air 
Quality Council on April 3, 1990, and by the Oklahoma Board of Health on 
April 12, 1990. These regulations became effective when they were signed 
by the Governor as emergency rules on June 4, 1990.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulation 1.1, 
Regulation 1.2, and Regulation 1.4, as adopted by the Oklahoma Air 
Quality Council on April 3, 1990, by the Oklahoma Board of Health on 
April 12, 1990, and became effective on June 4, 1990: Oklahoma Air 
Pollution Control Regulations 1.1(b)(13), 1.1(b)(14), 1.1(b)(15), 
1.1(b)(16), 1.1(b)(82)(D), 1.2--Table 1.2(2), 1.4.1(a)(1), 
1.4.1(b)(3)(B), 1.4.1(b)(3)(C), 1.4.2(a)(2)(ii), 1.4.2(c), 1.4.2(h)(2), 
1.4.4(b)(3)(D), 1.4.4(b)(13), 1.4.4(b)(14), 1.4.4(b)(15) and 
1.4.4(d)(12), 1.4.4(d)(13)(C).
    (ii) Additional material.
    (A) April 23, 1991, letter from Mr. John Drake, Chief, Air Quality 
Service, Oklahoma State Department of Health, to Mr. A. Stanley Meiburg, 
Director, Air, Pesticides & Toxics Division, EPA, Region 6.
    (42) On November 7, 1989, the Governor of Oklahoma submitted a 
revision to the SIP consisting of a construction permit, number 88-116-
C, for a cogeneration unit and an operating permit, number 88-117-O, for 
a sulfur recovery unit. The revision involves a sulfur dioxide emissions 
trade for the Conoco, Incorporated, Ponca City Refinery.
    (i) Incorporation by reference.
    (A) Permit number 88-116-C, as adopted by the 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.

[[Page 752]]

    (A) The document issued by Conoco Ponca City Refinery, titled, 
``Level II Modeling Analysis in Support of Alternate Emissions Reduction 
Permit for Sulfur Recovery Plant'' dated April 1990.
    (B) The document issued by Conoco Ponca City Refinery, titled, 
``Level III Remodeling for an SO2 Bubble Trade'' dated June 
3, 1991 (revised July 8, 1991).
    (43) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Title 310, Chapter 200, Subchapter 31, entitled Control of Emissions of 
Sulfur Compounds.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Title 310, Chapter 200, Subchapter 31, 
entitled Control of Emissions of Sulfur Compounds, Part 1. ``General 
Provisions,'' Section 310:200-31-2, ``Definitions;'' Section 310:200-31-
3, ``Performance testing;'' Part 3. ``Existing Equipment Standards,'' 
Section 310:200-31-12, ``Sulfur oxides;'' Section 310:200-31-13, 
``Sulfuric acid mist;'' Section 310:200-31-14, ``Hydrogen sulfide;'' 
Section 310:200-31-15, ``Total reduced sulfur;'' Part 5. ``New Equipment 
Standards,'' Section 310:200-31-25, ``Sulfur oxides;'' and Section 
310:200-31-26, ``Hydrogen sulfide,'' as adopted by the Oklahoma State 
Board of Health on March 24, 1993, and effective June 1, 1993.
    (44) A revision to the Oklahoma SIP to include Oklahoma 
Administrative Code, Chapter 310:200, Subchapter 23, entitled, ``Control 
of Emissions From Cotton Gins,'' submitted by the Governor on May 16, 
1994.
    (i) Incorporation by reference.
    (A) Addition of Oklahoma Administrative Code, Chapter 310:200, 
Subchapter 23, entitled, ``Control of Emissions From Cotton Gins,'' as 
adopted by the Oklahoma Air Quality Council on April 30, 1992, and 
effective June 1, 1993.
    (ii) Additional material--None.
    (45) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program as 
specified in the plan revision submitted by the Governor on November 19, 
1992. This plan submittal, as adopted by the Oklahoma Air Quality 
Council on October 13, 1992, was developed in accordance with section 
507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Enrolled House Bill No. 2251 (Oklahoma Clean Air Act of 1992), 
signed into law by the Governor on May 15, 1992, and effective upon 
signature. Included in this Act are provisions establishing a small 
business stationary source compliance assistance program; creating the 
State Ombudsman Office for small business; establishing Ombudsman 
duties; creating a Compliance Advisory Panel; establishing membership of 
Panel; and establishing Panel duties.
    (B) Enrolled House Bill No. 2227 (Oklahoma Environmental Quality 
Act), signed into law by the Governor on June 12, 1992, and effective 
upon signature, authorizing the creation of the Oklahoma Department of 
Environmental Quality (ODEQ).
    (ii) Additional material.
    (A) Revision entitled, ``The Oklahoma Small Business Stationary 
Source Assistance Program, Chapter 11 of the State Implementation Plan, 
October 13, 1992.''
    (46) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Department of Public Safety regulation Title 595, Chapter 20, Subchapter 
3--Emission and Mechanical Inspection of Vehicles, Subchapter 7--
Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/
Motorcycle, Subchapter 9--Class AE Inspection Station, Vehicle Emission 
Anti-tampering Inspection and Subchapter 11--Annual Motor Vehicle 
Inspection and Emission Anti-Tampering Inspection Records and Reports, 
adopted by the State on April 6, 1994, effective May 26, 1994 and 
submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Department of Public Safety regulation 
Title 595, Chapter 20: 3-1(2); 3-3; 3-5; 3-6; 3-12; 3-25; 3-26; 3-27; 3-
41(o); 3-42; 3-46(a) and (b); 3-61(a),(b),(e) and (f); 3-63(b) and (g); 
7-1(c) and (f); 7-2(a); 7-3; 7-4(a); 7-5(a); 7-6(a); 7-7(a); 9-1(a); 9-
3(l) and (m); 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.

[[Page 753]]

    (A) State SIP revision entitled, ``Oklahoma Vehicle Anti-Tampering 
Program SIP Revision,'' which includes a completeness determination, SIP 
narrative, hearing records and other documentation relevant to the 
development of this SIP.
    (47) A revision to the Oklahoma SIP to include revisions to Oklahoma 
Air Pollution Control Regulation 3.7--Control of Emissions of Organic 
Materials, adopted by the State on October 2, 1990, effective May 11, 
1991 and submitted by the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Revisions to Oklahoma Air Pollution Control Regulations 3.7, 
Sections 3.7.5-4(g)(7)(A)(i)(b), 3.7.5-4(g)(9)(A), 3.7.5-4(i)(3)(B)(1), 
and 3.7.5-4(i)(3)(B)(3) effective May 11, 1991.
    (ii) Additional material.
    (A) State SIP revision entitled, ``Oklahoma Alternative Standards 
SIP Revision,'' which includes a completeness determination, SIP 
narrative, hearing records and other documentation relevant to the 
development of this SIP.
    (48) Revisions to Oklahoma Department of Environmental Quality 
(ODEQ) regulations in the Oklahoma SIP adopted by the Oklahoma 
Legislature on March 30, 1994, effective May 26, 1994, and submitted by 
the Governor on May 16, 1994.
    (i) Incorporation by reference.
    (A) Oklahoma Register, May 16, 1994, pages 2031 and 2032, approving 
the transfer of the Oklahoma Air Quality Control Rules into Title 252, 
Chapter 100, of the Oklahoma Administrative Code.
    (B) Oklahoma Administrative Code, Title 252, Chapter 100 
(OAC:252:100), Oklahoma Air Quality Control Rules, adopted by the 
Oklahoma Legislature on March 30, 1994, effective May 26, 1994.
    (1) Subchapter 1, General Provisions.
    (2) Subchapter 3, Air Quality Standards and Increments.
    (3) Subchapter 5, Registration of Air Contaminant Sources.
    (4) Subchapter 9, Excess Emissions and Reporting Requirements.
    (5) Subchapter 13, Prohibition of Open Burning.
    (6) Subchapter 15, Motor Vehicle Pollution Control Devices.
    (7) Subchapter 17, Incinerators.
    (8) Subchapter 19, Particulate Matter Emissions from Fuel-Burning 
Equipment.
    (9) Subchapter 23, Control of Emissions from Cotton Gins.
    (10) Subchapter 25, Smoke, Visible Emissions and Particulates.
    (11) Subchapter 27, Particulate Matter Emissions from Industrial and 
Other Processes and Operations.
    (12) Subchapter 29, Control of Fugitive Dust.
    (13) Subchapter 31, Control of Emission of Sulfur Compounds.
    (14) Subchapter 33, Control of Emission of Nitrogen Oxides.
    (15) Subchapter 35, Control of Emission of Carbon Monoxide.
    (16) Subchapter 37, Control of Emissions of Organic Materials.
    (17) Subchapter 39, Control of Emission of Organic Materials in 
Nonattainment Areas
    (18) Subchapter 43, Sampling and Testing Methods.
    (19) Subchapter 45, Monitoring of Emissions.
    (20) Appendix A, Allowable Emissions for Incinerators with 
Capacities in Excess of 100 lbs/hr.
    (21) Appendix B, Allowable Emissions for Incinerators with 
Capacities Less Than 100 lbs/hr.
    (22) Appendix C, Particulate Matter Emission Limits for Fuel-Burning 
Equipment.
    (23) Appendix E, Primary Ambient Air Quality Standards.
    (24) Appendix F, Secondary Ambient Air Quality Standards.
    (25) Appendix G, Allowable Rate of Emissions.
    (ii) The following previously approved ODEQ regulations remain in 
the Oklahoma SIP:
    (A) Regulation 1.4, ``Air Resources Management Permits Required,'' 
as approved by EPA on: August 25, 1983 (48 FR 38636), at 52.1920(c)(26); 
April 2, 1984 (49 FR 13039), at 52.1920(c)(29); July 27, 1984 (49 FR 
30185), at 52.1920(c)(31); August 20, 1990 (55 FR 33907), at 
52.1920(c)(34); February 12, 1991 (56 FR 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,''

[[Page 754]]

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.
    (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 55105..  Permits required for
                                                                                             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...

[[Page 755]]

 
021-205.......................  Relation to Other        3/10/1993  2/25/1997, 62 FR 8385....
                                 Rules.
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               3/10/1993  2/25/1997, 62 FR 8385....
                                 Schedule for
                                 Existing 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 8385....
                                 Dryers at
                                 Particleboard
                                 Plants.
021-235.......................  Hardboard                1/29/1996  2/25/1997, 62 FR 8385....
                                 Manufacturing
                                 Plants.
021-240.......................  Air Conveying            3/10/1993  2/25/1997, 62 FR 8385....
                                 Systems.
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 80747..
                                 Application.
200-0020......................  General Air              5/17/2012  6/20/2013, 78 FR 37124...  Including Table
                                 Quality                                                        1, 2, 3, 4, 5.
                                 Definitions.
200-0025......................  Abbreviations and         5/1/2011  12/27/2011, 76 FR 80747..
                                 Acronyms.
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..
----------------------------------------------------------------------------------------------------------------
202-0020......................  Applicability.....       11/7/2013  6/24/2014, 79 FR 35694...
----------------------------------------------------------------------------------------------------------------
                                          Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
202-0050......................  Purpose and Scope         7/1/2001  1/22/2003, 68 FR 2891....
                                 of Ambient Air
                                 Quality Standards.
202-0060......................  Suspended                 5/1/2011  12/27/2011, 76 FR 80747..
                                 Particulate
                                 Matter.
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              11/7/2013  6/24/2014, 79 FR 35694...
                                 Quality Standard
                                 for Lead.
----------------------------------------------------------------------------------------------------------------
                               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 80747..  Including Table
                                 Increments.                                                    1.
202-0220......................  Ambient Air               7/1/2001  1/22/2003, 68 FR 2891....
                                 Ceilings.
----------------------------------------------------------------------------------------------------------------
                                  Division 204 Designation of Air Quality Areas
----------------------------------------------------------------------------------------------------------------
204-0010......................  Definitions.......      12/11/2012  08/25/2015, 80 FR 51472..
204-0020......................  Designation of Air      10/14/1999  1/22/2003, 68 FR 2891....
                                 Quality Control
                                 Regions.
204-0030......................  Designation of          12/21/2011  4/11/2013, 78 FR 21547...
                                 Nonattainment
                                 Areas.
204-0040......................  Designation of          12/21/2011  4/11/2013, 78 FR 21547...
                                 Maintenance Areas.
204-0050......................  Designation of          10/14/1999  1/22/2003, 68 FR 2891....
                                 Prevention of
                                 Significant
                                 Deterioration
                                 Areas.
204-0060......................  Redesignation of        10/14/1999  1/22/2003, 68 FR 2891....
                                 Prevention of
                                 Significant
                                 Deterioration
                                 Areas.
204-0070......................  Special Control         10/14/1999  1/22/2003, 68 FR 2891....
                                 Areas.
204-0080......................  Motor Vehicle           10/14/1999  1/22/2003, 68 FR 2891....
                                 Inspection
                                 Boundary
                                 Designations.
204-0090......................  Oxygenated              12/15/2004  1/24/2006, 71 FR 3768....
                                 Gasoline Control
                                 Areas.
----------------------------------------------------------------------------------------------------------------
                                     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 80747..  Including Table
                                 Criteria for Air                                               2.
                                 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 2891....
                                 Reduction Plans.
206-0060......................  Regional Air            10/14/1999  1/22/2003, 68 FR 2891....
                                 Pollution
                                 Authorities.
206-0070......................  Operations Manual.      10/14/1999  1/22/2003, 68 FR 2891....
----------------------------------------------------------------------------------------------------------------

[[Page 756]]

 
                            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 80747..
                                 Contaminant
                                 Limitations.
----------------------------------------------------------------------------------------------------------------
                                         Fugitive Emissions Requirements
----------------------------------------------------------------------------------------------------------------
208-0200......................  Applicability.....        2/5/2001  12/27/2011; 76 FR 80747..
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 2891....
                                 Categories and
                                 Timing.
209-0040......................  Public Notice            11/8/2007  12/27/2011, 76 FR 80747..
                                 Information.
209-0050......................  Public Notice             7/1/2001  1/22/2003, 68 FR 2891....
                                 Procedures.
209-0060......................  Persons Required          7/1/2001  1/22/2003, 68 FR 2891....
                                 to Be Notified.
209-0070......................  Hearing and              11/8/2007  12/27/2011, 76 FR 80747..
                                 Meeting
                                 Procedures.
209-0080......................  Issuance or Denial       11/8/2007  12/27/2011, 76 FR 80747..
                                 of a Permit.
----------------------------------------------------------------------------------------------------------------
                            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 37124...
                                 General.
210-0110......................  Registration             5/17/2012  6/20/2013, 78 FR 37124...
                                 Requirements.
210-0120......................  Re-Registration          5/17/2012  6/20/2013, 78 FR 37124...
                                 and Maintaining
                                 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 2891....
                                 Construction/
                                 Modification
                                 Changes.
210-0230......................  Notice to                 7/1/2001  1/22/2003, 68 FR 2891....
                                 Construct.
210-0240......................  Construction              7/1/2001  1/22/2003, 68 FR 2891....
                                 Approval.
210-0250......................  Approval to              5/17/2012  6/20/2013, 78 FR 37124...
                                 Operate.
----------------------------------------------------------------------------------------------------------------
                              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 2891....
                                 Dispersion
                                 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 2891....
                                 Applicability.
212-0210......................  Monitoring Design         7/1/2001  1/22/2003, 68 FR 2891....
                                 Criteria.
212-0220......................  Submittal                 7/1/2001  1/22/2003, 68 FR 2891....
                                 Requirements.
212-0230......................  Deadlines for             7/1/2001  1/22/2003, 68 FR 2891....
                                 Submittals.
212-0240......................  Approval of               7/1/2001  1/22/2003, 68 FR 2891....
                                 Monitoring Plans.
212-0250......................  Operation of              7/1/2001  1/22/2003, 68 FR 2891....
                                 Approved
                                 Monitoring.
212-0260......................  Quality                   7/1/2001  1/22/2003, 68 FR 2891....
                                 Improvement Plan
                                 (QIP)
                                 Requirements.
212-0270......................  Reporting and             7/1/2001  1/22/2003, 68 FR 2891....
                                 Recordkeeping
                                 Requirements.

[[Page 757]]

 
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 2891....
                                 Information.
214-0114......................  Records;                  7/1/2001  1/22/2003, 68 FR 2891....
                                 Maintaining and
                                 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 2891....
                                 from Disclosure.
----------------------------------------------------------------------------------------------------------------
                                   Emission Statements for VOC and NOX Sources
----------------------------------------------------------------------------------------------------------------
214-0200......................  Purpose and               7/1/2001  1/22/2003, 68 FR 2891....
                                 Applicability.
214-0210......................  Requirements......        7/1/2001  1/22/2003, 68 FR 2891....
214-0220......................  Submission of             7/1/2001  1/22/2003, 68 FR 2891....
                                 Emission
                                 Statement.
----------------------------------------------------------------------------------------------------------------
                                    Excess Emissions and Emergency Provision
----------------------------------------------------------------------------------------------------------------
214-0300......................  Purpose and              11/8/2007  12/27/2011, 76 FR 80747..
                                 Applicability.
214-0310......................  Planned Startup          11/8/2007  12/27/2011, 76 FR 80747..
                                 and Shutdown.
214-0320......................  Scheduled                11/8/2007  12/27/2011, 76 FR 80747..
                                 Maintenance.
214-0330......................  All Other Excess         11/8/2007  12/27/2011, 76 FR 80747..
                                 Emissions.
214-0340......................  Reporting                11/8/2007  12/27/2011, 76 FR 80747..
                                 Requirements.
214-0350......................  Enforcement Action       11/8/2007  12/27/2011, 76 FR 80747..
                                 Criteria.
214-0360......................  Emergency as an          11/8/2007  12/27/2011, 76 FR 80747..
                                 Affirmative
                                 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 80747..  Including Table
                                                                                                1, 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 80747..
                                 Requirements.
216-0052......................  Construction ACDP.        7/1/2001  1/22/2003, 68 FR 2891....
216-0054......................  Short Term                7/1/2001  1/22/2003, 68 FR 2891....
                                 Activity ACDPs.
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 80747..
                                 Contaminant
                                 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....
216-0070......................  Permitting                7/1/2001  1/22/2003, 68 FR 2891....
                                 Multiple Sources
                                 at a Single
                                 Adjacent or
                                 Contiguous Site.
216-0082......................  Termination or           11/8/2007  12/27/2011, 76 FR 80747..
                                 Revocation of an
                                 ACDP.
216-0084......................  Department                7/1/2001  1/22/2003, 68 FR 2891....
                                 Initiated
                                 Modification.
216-0090......................  Sources Subject to        7/1/2001  1/22/2003, 68 FR 2891....
                                 ACDPs and Fees.
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            7/1/2001  1/22/2003, 68 FR 2891....
                                 PSEL.
222-0041......................  Source Specific          10/8/2002  1/22/2003, 68 FR 2891....
                                 Annual PSEL.
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 2891....
                                 Requirements for
                                 All PSEL.
222-0045......................  Unassigned                7/1/2001  1/22/2003, 68 FR 2891....
                                 Emissions.
222-0070......................  Plant Site                7/1/2001  1/22/2003, 68 FR 2891....
                                 Emission Limits
                                 for Insignificant
                                 Activities.
222-0080......................  Plant Site                7/1/2001  1/22/2003, 68 FR 2891....
                                 Emission Limit
                                 Compliance.
222-0090......................  Combining and             7/1/2001  1/22/2003, 68 FR 2891....
                                 Splitting Sources.
----------------------------------------------------------------------------------------------------------------
                                           Division 223--Regional Haze
----------------------------------------------------------------------------------------------------------------
223-0010......................  Purpose...........      12/10/2010  7/5/2011, 76 FR 38997....

[[Page 758]]

 
223-0020......................  Definitions.......      12/10/2010  7/5/2011, 76 FR 38997....
223-0030......................  BART and                12/10/2010  7/5/2011, 76 FR 38997....
                                 Additional
                                 Regional Haze
                                 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 38997....
                                 Enforceable
                                 Permit Limits.
223-0050......................  Alternative             12/10/2010  7/5/2011, 76 FR 38997....
                                 Regional Haze
                                 Requirements for
                                 the Foster-
                                 Wheeler Boiler at
                                 the Boardman Coal-
                                 Fired Power Plant
                                 (Federal Acid
                                 Rain Program
                                 Facility ORISPL
                                 Code 6106).
223-0080......................  Alternative             12/10/2010  7/5/2011, 76 FR 38997....
                                 Requirements for
                                 the Foster-
                                 Wheeler Boiler at
                                 the Boardman Coal-
                                 Fired Power Plant
                                 (Federal Acid
                                 Rain Program
                                 Facility ORISPL
                                 Code 6106) Based
                                 Upon Permanently
                                 Ceasing the
                                 Burning of Coal
                                 Within Five Years
                                 of EPA Approval
                                 of the Revision
                                 to the Oregon
                                 Clean Air Act
                                 State
                                 Implementation
                                 Plan
                                 Incorporating OAR
                                 Chapter 340,
                                 Division 223.
----------------------------------------------------------------------------------------------------------------
                                      Division 224--Major New Source Review
----------------------------------------------------------------------------------------------------------------
224-0010......................  Applicability and         5/1/2011  12/27/2011, 76 FR 80747..
                                 General
                                 Prohibitions.
224-0020......................  Definitions.......      10/14/1999  1/22/2003, 68 FR 2891....
224-0030......................  Procedural               4/14/2004  6/19/2006, 71 FR 35163...
                                 Requirements.
224-0040......................  Review of New             7/1/2001  1/22/2003, 68 FR 2891....
                                 Sources and
                                 Modifications for
                                 Compliance with
                                 Regulations.
224-0050......................  Requirements for          5/1/2011  12/27/2011, 76 FR 80747..
                                 Sources in
                                 Nonattainment
                                 Areas.
224-0060......................  Requirements for          5/1/2011  12/27/2011, 76 FR 80747..
                                 Sources in
                                 Maintenance Areas.
224-0070......................  Prevention of             5/1/2011  12/27/2011, 76 FR 80747..
                                 Significant
                                 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 2891....
                                 Secondary
                                 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 80747..
                                 Requirements.
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 80747..
                                 Analysis in
                                 Maintenance Areas.
225-0050......................  Requirements for          5/1/2011  12/27/2011, 76 FR 80747..
                                 Analysis in PSD
                                 Class II and
                                 Class III Areas.
225-0060......................  Requirements for          5/1/2011  12/27/2011, 76 FR 80747..
                                 Demonstrating
                                 Compliance with
                                 Standards and
                                 Increments in PSD
                                 Class I Areas.
225-0070......................  Requirements for          7/1/2001  1/22/2003, 68 FR 2891....
                                 Demonstrating
                                 Compliance with
                                 AQRV Protection.
225-0090......................  Requirements for        12/11/2012  08/25/2015, 80 FR 51472..  Except (2)(a)(C).
                                 Demonstrating a
                                 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 2891....
                                 Application.
226-0110......................  Pollution                 7/1/2001  1/22/2003, 68 FR 2891....
                                 Prevention.
226-0120......................  Operating and             7/1/2001  1/22/2003, 68 FR 2891....
                                 Maintenance
                                 Requirements.
226-0130......................  Typically                 7/1/2001  1/22/2003, 68 FR 2891....
                                 Achievable
                                 Control
                                 Technology.
226-0140......................  Additional Control        7/1/2001  1/22/2003, 68 FR 2891....
                                 Requirements for
                                 Stationary
                                 Sources of Air
                                 Contaminants.
----------------------------------------------------------------------------------------------------------------

[[Page 759]]

 
                                             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 2891....
                                 Emission
                                 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 2891....
                                 Process Weight.
----------------------------------------------------------------------------------------------------------------
                                          Alternative Emission Controls
----------------------------------------------------------------------------------------------------------------
226-0400......................  Alternative               7/1/2001  1/22/2003, 68 FR 2891....
                                 Emission Controls
                                 (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 2891....
                                 Oils.
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 37124...
                                 Standards.
228-0210......................  Grain Loading            5/17/2012  6/20/2013, 78 FR 37124...
                                 Standards.
----------------------------------------------------------------------------------------------------------------
                             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 2891....
                                 categorical
                                 Requirements.
232-0050......................  Exemptions........      10/14/1999  1/22/2003, 68 FR 2891....
232-0060......................  Compliance              10/14/1999  1/22/2003, 68 FR 2891....
                                 Determination.
232-0080......................  Bulk Gasoline           10/14/1999  1/22/2003, 68 FR 2891....
                                 Plants.
232-0085......................  Gasoline Delivery       10/14/1999  1/22/2003, 68 FR 2891....
                                 Vessel(s).
232-0090......................  Bulk Gasoline           10/14/1999  1/22/2003, 68 FR 2891....
                                 Terminals.
232-0100......................  Testing Vapor           10/14/1999  1/22/2003, 68 FR 2891....
                                 Transfer and
                                 Collection
                                 Systems.
232-0110......................  Loading Gasoline          6/1/2001  1/22/2003, 68 FR 2891....
                                 onto Marine Tank
                                 Vessels.
232-0120......................  Cutback and             10/14/1999  1/22/2003, 68 FR 2891....
                                 Emulsified
                                 Asphalt.
232-0130......................  Petroleum               10/14/1999  1/22/2003, 68 FR 2891....
                                 Refineries.
232-0140......................  Petroleum Refinery      10/14/1999  1/22/2003, 68 FR 2891....
                                 Leaks.
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 2891....
                                 Manufacturing.
232-0170......................  Aerospace               10/14/1999  1/22/2003, 68 FR 2891....
                                 Component Coating
                                 Operations.
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 2891....
                                 Degreasers.
232-0200......................  Conveyorized            10/14/1999  1/22/2003, 68 FR 2891....
                                 Degreasers.
232-0210......................  Asphaltic and Coal      10/14/1999  1/22/2003, 68 FR 2891....
                                 Tar Pitch Used
                                 for 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 2891....
                                 Flexographic
                                 Printing.
----------------------------------------------------------------------------------------------------------------
                          Division 234--Emission Standards for Wood Products Industries
----------------------------------------------------------------------------------------------------------------
234-0010......................  Definitions.......       11/8/2007  12/27/2011; 76 FR 80747..  Except (24),
                                                                                                (26)(a), (44).
----------------------------------------------------------------------------------------------------------------
                                              Wigwam Waste Burners
----------------------------------------------------------------------------------------------------------------
234-0100......................  Wigwam Waste             11/8/2007  12/27/2011; 76 FR 80747..
                                 Burners.

[[Page 760]]

 
234-0140......................  Existing                 11/8/2007  12/27/2011; 76 FR 80747..
                                 Administrative
                                 Agency Orders.
----------------------------------------------------------------------------------------------------------------
                                                Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
234-0200......................  Statement of            10/14/1999  1/22/2003, 68 FR 2891....
                                 Policy and
                                 Applicability.
234-0210......................  Emission                 11/8/2007  12/27/2011; 76 FR 80747..  Except (1).
                                 Limitations.
234-0220......................  More Restrictive        10/14/1999  1/22/2003, 68 FR 2891....
                                 Emission Limits.
234-0240......................  Monitoring........       11/8/2007  12/27/2011; 76 FR 80747..  Except (1).
234-0250......................  Reporting.........       11/8/2007  12/27/2011; 76 FR 80747..  Except (1), (2).
234-0270......................  Chronic Upset           10/14/1999  1/22/2003, 68 FR 2891....
                                 Conditions.
----------------------------------------------------------------------------------------------------------------
                                 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 2891....  Except (1).
                                 Limitations.
234-0320......................  More Restrictive        10/14/1999  1/22/2003, 68 FR 2891....  Except (2).
                                 Emission Limits.
234-0330......................  Plans and               10/14/1999  1/22/2003, 68 FR 2891....
                                 Specifications.
234-0340......................  Monitoring........      10/14/1999  1/22/2003, 68 FR 2891....  Except (2).
234-0350......................  Reporting.........      10/14/1999  1/22/2003, 68 FR 2891....  Except (1).
234-0360......................  Upset Conditions..      10/14/1999  1/22/2003, 68 FR 2891....  Except (3)(a)(A).
----------------------------------------------------------------------------------------------------------------
                                               Sulfite Pulp Mills
----------------------------------------------------------------------------------------------------------------
234-0400......................  Statement of            10/14/1999  1/22/2003, 68 FR 2891....
                                 Policy and
                                 Applicability.
234-0410......................  Minimum Emission        10/14/1999  1/22/2003, 68 FR 2891....
                                 Standards.
234-0420......................  Monitoring and          10/14/1999  1/22/2003, 68 FR 2891....
                                 Reporting.
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 80747..
                                 General
                                 Provisions.
234-0510......................  Veneer and Plywood       11/8/2007  12/27/2011; 76 FR 80747..
                                 Manufacturing
                                 Operations.
234-0520......................  Particleboard            11/8/2007  12/27/2011; 76 FR 80747..
                                 Manufacturing
                                 Operations.
234-0530......................  Hardboard                11/8/2007  12/27/2011; 76 FR 80747..
                                 Manufacturing
                                 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 2891....
                                 Purpose.
236-0110......................  Applicability.....      10/14/1999  1/22/2003, 68 FR 2891....
236-0120......................  Emission Standards      10/14/1999  1/22/2003, 68 FR 2891....  Except (1)(a),
                                                                                                (3)(a) & (3)(e).
236-0130......................  Special Problem         10/14/1999  1/22/2003, 68 FR 2891....
                                 Areas.
236-0140......................  Monitoring........      10/14/1999  1/22/2003, 68 FR 2891....  Except references
                                                                                                to fluorides
236-0150......................  Reporting.........      10/14/1999  1/22/2003, 68 FR 2891....  Except (1)(d) &
                                                                                                (1)(e).
----------------------------------------------------------------------------------------------------------------
                                     Laterite Ore Production of Ferronickel
----------------------------------------------------------------------------------------------------------------
236-0200......................  Statement of            10/14/1999  1/22/2003, 68 FR 2891....
                                 Purpose.
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 2891....
                                 Reporting.
----------------------------------------------------------------------------------------------------------------
                                             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 80747..
                                 Required.
236-0420......................  Other Established       10/14/1999  1/22/2003, 68 FR 2891....
                                 Air Quality
                                 Limitations.
236-0430......................  Portable Hot Mix        10/14/1999  1/22/2003, 68 FR 2891....
                                 Asphalt Plants.
236-0440......................  Ancillary Sources       10/14/1999  1/22/2003, 68 FR 2891....
                                 of Emission--
                                 Housekeeping of
                                 Plant Facilities.
----------------------------------------------------------------------------------------------------------------
                           Division 240--Rules for Areas with Unique Air Quality Needs
----------------------------------------------------------------------------------------------------------------
240-0010......................  Purpose...........      12/11/2012  08/25/2015, 80 FR 51472..
240-0020......................  Emission                  7/1/2001  1/22/2003, 68 FR 2891....
                                 Limitations.

[[Page 761]]

 
240-0030......................  Definitions.......      12/11/2012  08/25/2015, 80 FR 51472..
----------------------------------------------------------------------------------------------------------------
             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 35163...
                                 Emission
                                 Limitations.
240-0130......................  Air Conveying             1/4/2005  6/19/2006, 71 FR 35163...
                                 Systems (Medford-
                                 Ashland AQMA
                                 Only).
240-0140......................  Wood Particle             1/4/2005  6/19/2006, 71 FR 35163...
                                 Dryers at
                                 Particleboard
                                 Plants.
240-0150......................  Hardboard                 1/4/2005  6/19/2006, 71 FR 35163...
                                 Manufacturing
                                 Plants.
240-0160......................  Wigwam Waste              7/1/2001  1/22/2003, 68 FR 2891....
                                 Burners.
240-0170......................  Charcoal Producing        7/1/2001  1/22/2003, 68 FR 2891....
                                 Plants.
240-0180......................  Control of                1/4/2005  6/19/2006, 71 FR 35163...
                                 Fugitive
                                 Emissions
                                 (Medford-Ashland
                                 AQMA Only).
240-0190......................  Requirement for           1/4/2005  6/19/2006, 71 FR 35163...
                                 Operation and
                                 Maintenance Plans
                                 (Medford-Ashland
                                 AQMA Only).
240-0210......................  Continuous                1/4/2005  6/19/2006, 71 FR 35163...
                                 Monitoring.
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                7/1/2001  1/22/2003, 68 FR 2891....
                                 Schedule for
                                 Existing 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 2891....
                                 Dryers at
                                 Particleboard
                                 Plants.
240-0340......................  Hardboard                 7/1/2001  1/22/2003, 68 FR 2891....
                                 Manufacturing
                                 Plants.
240-0350......................  Air Conveying             7/1/2001  1/22/2003, 68 FR 2891....
                                 Systems.
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                7/1/2001  1/22/2003, 68 FR 2891....
                                 Fugitive
                                 Emissions.
240-0420......................  Requirement for           7/1/2001  1/22/2003, 68 FR 2891....
                                 Operation and
                                 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....
----------------------------------------------------------------------------------------------------------------
                                        Klamath Falls Nonattainment Area
----------------------------------------------------------------------------------------------------------------
240-0500......................  Applicability.....      12/11/2012  08/25/2015, 80 FR 51472..
240-0510......................  Opacity Standard..      12/11/2012  08/25/2015, 80 FR 51472..
240-0520......................  Control of              12/11/2012  08/25/2015, 80 FR 51472..
                                 Fugitive
                                 Emissions.
240-0530......................  Requirements for        12/11/2012  08/25/2015, 80 FR 51472..
                                 Operation and
                                 Maintenance Plans.
240-0540......................  Compliance              12/11/2012  08/25/2015, 80 FR 51472..
                                 Schedule for
                                 Existing
                                 Industrial
                                 Sources.
240-0550......................  Requirements for        12/11/2012  08/25/2015. 80 FR 51472..
                                 New Sources When
                                 Using Residential
                                 Wood Fuel-Fired
                                 Device Offsets.
----------------------------------------------------------------------------------------------------------------
                                    Real and Permanent PM2.5 and PM10 Offsets
----------------------------------------------------------------------------------------------------------------
240-0560......................  Real and Permanent      12/11/2012  08/25/2015, 80 FR 51472..
                                 PM2.5 and PM10
                                 Offsets.
----------------------------------------------------------------------------------------------------------------
                              Klamath Falls Nonattainment Area Contingency Measures
----------------------------------------------------------------------------------------------------------------
240-0570......................  Applicability.....      12/11/2012  6/6/2016, 81 FR 36178....
240-0580......................  Existing                12/11/2012  6/6/2016, 81 FR 36178....
                                 Industrial
                                 Sources Control
                                 Efficiency.
240-0610......................  Continuous              12/11/2012  6/6/2016, 81 FR 36178....
                                 Monitoring for
                                 Industrial
                                 Sources.
240-0620......................  Contingency             12/11/2012  6/6/2016, 81 FR 36178....
                                 Measures: New
                                 Industrial
                                 Sources.

[[Page 762]]

 
240-0630......................  Contingency             12/11/2012  6/6/2016, 81 FR 36178....
                                 Enhanced
                                 Curtailment of
                                 Use of Solid Fuel
                                 Burning Devices
                                 and Fireplaces.
----------------------------------------------------------------------------------------------------------------
                               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 78571..
                                 Employee Commute
                                 Options Program?
242-0020......................  Who is Subject to        4/12/2007  12/19/2011, 76 FR 78571..
                                 ECO?
242-0030......................  What Does ECO            4/12/2007  12/19/2011, 76 FR 78571..
                                 Require?
242-0040......................  How Does the             4/12/2007  12/19/2011, 76 FR 78571..
                                 Department
                                 Enforce ECO?
242-0050......................  Definitions of           4/12/2007  12/19/2011, 76 FR 78571..
                                 Terms Used in
                                 These Rules.
242-0060......................  Should All              10/14/1999  1/22/2003, 68 FR 2891....
                                 Employees at a
                                 Work Site be
                                 Counted?
242-0070......................  What are the Major       4/12/2007  12/19/2011, 76 FR 78571..
                                 Requirements of
                                 ECO?
242-0080......................  What are the             4/12/2007  12/19/2011, 76 FR 78571..
                                 Registration
                                 Requirements?
242-0090......................  What are the             4/12/2007  12/19/2011, 76 FR 78571..
                                 Requirements for
                                 an Employee
                                 Survey?
242-0100......................  Special                 10/14/1999  1/22/2003, 68 FR 2891....
                                 Requirements for
                                 Employers
                                 Intending to
                                 Comply Without an
                                 Approved Plan.
242-0110......................  What if an               4/12/2007  12/19/2011, 76 FR 78571..
                                 Employer Does Not
                                 Meet the Target
                                 Auto Trip Rate?
242-0120......................  How Will Employers       4/12/2007  12/19/2011, 76 FR 78571..
                                 Demonstrate
                                 Progress Toward
                                 the Target Auto
                                 Trip Rate?
242-0130......................  What is the             10/14/1999  1/22/2003, 68 FR 2891....
                                 Schedule
                                 Employers Must
                                 Follow to
                                 Implement ECO?
242-0140......................  How Should              10/14/1999  1/22/2003, 68 FR 2891....
                                 Employers Account
                                 for Changes in
                                 Work Force Size?
242-0150......................  How Can an              10/14/1999  1/22/2003, 68 FR 2891....
                                 Employer Reduce
                                 Auto Commute
                                 Trips to a Work
                                 Site?
242-0160......................  What Should be           4/12/2007  12/19/2011, 76 FR 78571..
                                 Included in an
                                 Auto Trip
                                 Reduction Plan?
242-0170......................  When Will the           10/14/1999  1/22/2003, 68 FR 2891....
                                 Department Act on
                                 a Submitted Auto
                                 Trip Reduction
                                 Plan?
242-0180......................  What is a Good           4/12/2007  12/19/2011, 76 FR 78571..
                                 Faith Effort?
242-0190......................  How Does the ECO         4/12/2007  12/19/2011, 76 FR 78571..
                                 Program Affect
                                 New Employers,
                                 Expanding
                                 Employers and
                                 Employers
                                 Relocating Within
                                 the Portland
                                 AQMA?
242-0200......................  Can a New or             4/12/2007  12/19/2011, 76 FR 78571..
                                 Relocating
                                 Employer Comply
                                 with ECO Through
                                 Restricted
                                 Parking Ratios?
242-0210......................  Can an Existing          4/12/2007  12/19/2011, 76 FR 78571..
                                 Employer Comply
                                 with ECO Through
                                 Restricted
                                 Parking Ratios?
242-0220......................  What if an               4/12/2007  12/19/2011, 76 FR 78571..
                                 Employer Has More
                                 Than One Work
                                 Site Within the
                                 Portland AQMA?
242-0230......................  Can Employers           10/14/1999  1/22/2003, 68 FR 2891....
                                 Submit a Joint
                                 Plan?
242-0240......................  Are There                4/12/2007  12/19/2011, 76 FR 78571..
                                 Alternatives to
                                 Trip Reduction?
242-0250......................  What Alternatives       10/14/1999  1/22/2003, 68 FR 2891....
                                 Qualify as
                                 Equivalent
                                 Emission
                                 Reductions?
242-0260......................  Can Employers Get        4/12/2007  12/19/2011, 76 FR 78571..
                                 Credit for
                                 Existing Trip
                                 Reduction
                                 Programs?
242-0270......................  Are Exemptions           4/12/2007  12/19/2011, 76 FR 78571..
                                 Allowed if an
                                 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 78571..
                                 the Industrial
                                 Emission
                                 Management
                                 Program.

[[Page 763]]

 
242-0290......................  What Kind of             4/12/2007  12/19/2011, 76 FR 78571..
                                 Records Must be
                                 Kept and for How
                                 Long?
----------------------------------------------------------------------------------------------------------------
                                     Voluntary Maximum Parking Ratio Program
----------------------------------------------------------------------------------------------------------------
242-0300......................  What is the             10/14/1999  1/22/2003, 68 FR 2891....
                                 Voluntary Parking
                                 Ratio Program?
242-0310......................  Who can                 10/14/1999  1/22/2003, 68 FR 2891....
                                 Participate in
                                 the Voluntary
                                 Parking Ratio
                                 Program?
242-0320......................  Definitions of          10/14/1999  1/22/2003, 68 FR 2891....
                                 Terms and Land
                                 Uses.
242-0330......................  How Does a              10/14/1999  1/22/2003, 68 FR 2891....
                                 Property Owner
                                 Comply with the
                                 Voluntary Parking
                                 Ratio Program?
242-0340......................  What are the            10/14/1999  1/22/2003, 68 FR 2891....
                                 Incentives for
                                 Complying with
                                 the Voluntary
                                 Parking Ratio
                                 Program?
242-0350......................  Why Do I Need a         10/14/1999  1/22/2003, 68 FR 2891....
                                 Parking Ratio
                                 Permit?
242-0360......................  What is Required        10/14/1999  1/22/2003, 68 FR 2891....
                                 to Obtain a
                                 Parking Ratio
                                 Permit?
242-0370......................  How is the Parking      10/14/1999  1/22/2003, 68 FR 2891....
                                 Ratio Program
                                 Enforced?
242-0380......................  When Will the           10/14/1999  1/22/2003, 68 FR 2891....
                                 Department Act on
                                 a Submitted
                                 Permit
                                 Application?
242-0390......................  What are the            10/14/1999  1/22/2003, 68 FR 2891....
                                 Applicable
                                 Parking Ratios?
----------------------------------------------------------------------------------------------------------------
                                     Industrial Emission Management Program
----------------------------------------------------------------------------------------------------------------
242-0400......................  Applicability.....       4/12/2007  12/19/2011, 76 FR 78571..
242-0410......................  Definition of            4/12/2007  12/19/2011, 76 FR 78571..
                                 Terms.
242-0420......................  Unused PSEL              4/12/2007  12/19/2011, 76 FR 78571..
                                 Donation Program.
242-0430......................  Industrial Growth        4/12/2007  12/19/2011, 76 FR 78571..
                                 Allowances.
242-0440......................  Industrial Growth        4/12/2007  12/19/2011, 76 FR 78571..
                                 Allowance
                                 Allocation.
----------------------------------------------------------------------------------------------------------------
                        Gasoline Vapors From Gasoline Transfer and Dispensing Operations
----------------------------------------------------------------------------------------------------------------
242-0500......................  Purpose and              4/16/2015  10/27/2015, 80 FR 65659..
                                 Applicability.
242-0510......................  Definitions.......       4/16/2015  10/27/2015, 80 FR 65659..
242-0520......................  General Provisions       4/16/2015  10/27/2015, 80 FR 65659..
----------------------------------------------------------------------------------------------------------------
                                            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 2891....
                                 Motor Vehicle
                                 Refinishing in
                                 Portland AQMA.
242-0630......................  Inspecting and          10/14/1999  1/22/2003, 68 FR 2891....
                                 Testing
                                 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 2891....
                                 Standards and
                                 Exemptions.
242-0730......................  Requirements for        10/14/1999  1/22/2003, 68 FR 2891....
                                 Manufacture,
                                 Sale, and Use of
                                 Spray Paint.
242-0740......................  Recordkeeping and       10/14/1999  1/22/2003, 68 FR 2891....
                                 Reporting
                                 Requirements.
242-0750......................  Inspection and          10/14/1999  1/22/2003, 68 FR 2891....
                                 Testing
                                 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 2891....
                                 Extensions.
242-0780......................  Exemption from          10/14/1999  1/22/2003, 68 FR 2891....
                                 Disclosure to the
                                 Public.
242-0790......................  Future Review.....      10/14/1999  1/22/2003, 68 FR 2891....
----------------------------------------------------------------------------------------------------------------

[[Page 764]]

 
                        Division 244--Oregon Federal Hazardous Air Pollutant Program 1 2
----------------------------------------------------------------------------------------------------------------
                                    General Provisions for Stationary Sources
----------------------------------------------------------------------------------------------------------------
244-0030......................  Definitions.......       4/16/2015  10/27/2015, 80 FR 65659..  Only to the
                                                                                                extent needed to
                                                                                                implement the
                                                                                                requirements for
                                                                                                gasoline
                                                                                                dispensing
                                                                                                facilities in
                                                                                                division 244
                                                                                                that are
                                                                                                approved into
                                                                                                the SIP.
----------------------------------------------------------------------------------------------------------------
                              Emission Standards for Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
244-0232......................  Purpose...........       4/16/2015  10/27/2015, 80 FR 65659..
244-0234......................  Affected Sources..       4/16/2015  10/27/2015, 80 FR 65659..
244-0236......................  Affected Equipment       4/16/2015  10/27/2015, 80 FR 65659..
                                 or Processes.
244-0238......................  Compliance Dates..       4/16/2015  10/27/2015, 80 FR 65659..  Except (1)(a) and
                                                                                                (2)(c).
----------------------------------------------------------------------------------------------------------------
                                  Emission Limitations and Management Practices
----------------------------------------------------------------------------------------------------------------
244-0239......................  General Duties to        4/16/2015  10/27/2015, 80 FR 65659..
                                 Minimize
                                 Emissions.
244-0240......................  Work Practice and        4/16/2015  10/27/2015, 80 FR 65659..
                                 Submerged Fill
                                 Requirements.
244-0242......................  Vapor Balance            4/16/2015  10/27/2015, 80 FF 65659..  Including tables
                                 Requirements.                                                  2 and 3.
----------------------------------------------------------------------------------------------------------------
                                       Testing and Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
244-0244......................  Testing and              4/16/2015  10/27/2015, 80 FR 65659..  Except (1)(b) and
                                 Monitoring                                                     (c).
                                 Requirements.
----------------------------------------------------------------------------------------------------------------
                                       Notifications, Records, and Reports
----------------------------------------------------------------------------------------------------------------
244-0246......................  Notifications.....       4/16/2015  10/27/2015, 80 FR 65659..
244-0248......................  Recordkeeping            4/16/2015  10/27/2015, 80 FR 65659..  Except (4)(c) and
                                 Requirements.                                                  (d).
244-0250......................  Reporting                4/16/2015  10/27/2015, 80 FR 65659..
                                 Requirements.
244-0252......................  General Provision       12/31/2008  10/27/2015, 80 FR 65659..
                                 Applicability.
----------------------------------------------------------------------------------------------------------------
                                        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              10/14/1999  1/22/2003, 68 FR 2891....
                                 Analysis.
250-0050......................  Reporting               10/14/1999  1/22/2003, 68 FR 2891....
                                 Requirements.
250-0060......................  Public                  10/14/1999  1/22/2003, 68 FR 2891....
                                 Participation.
250-0070......................  Frequency of            10/14/1999  1/22/2003, 68 FR 2891....
                                 Conformity
                                 Determinations.
250-0080......................  Criteria for            10/14/1999  1/22/2003, 68 FR 2891....
                                 Determining
                                 Conformity of
                                 General Federal
                                 Actions.
250-0090......................  Procedures for          10/14/1999  1/22/2003, 68 FR 2891....
                                 Conformity
                                 Determinations of
                                 General Federal
                                 Actions.
250-0100......................  Mitigation of Air       10/14/1999  1/22/2003, 68 FR 2891....
                                 Quality Impacts.
----------------------------------------------------------------------------------------------------------------
                                     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 60627...  Except last two
                                 Conformity                                                     sentences.
                                 Determinations.
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..
----------------------------------------------------------------------------------------------------------------

[[Page 765]]

 
                                                Visible Emissions
----------------------------------------------------------------------------------------------------------------
256-0100......................  Visible Emissions--      7/12/2005  12/19/2011, 76 FR 78571..
                                 General
                                 Requirements,
                                 Exclusions.
256-0130......................  Motor Vehicle            7/12/2005  12/19/2011, 76 FR 78571..
                                 Fleet Operation.
----------------------------------------------------------------------------------------------------------------
                                   Certification of Pollution Control Systems
----------------------------------------------------------------------------------------------------------------
256-0200......................  County                  10/14/1999  11/22/2004, 69 FR 67819..
                                 Designations.
----------------------------------------------------------------------------------------------------------------
                                       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 78571..
                                 Vehicle,
                                 Permanent Fleet
                                 Vehicle and
                                 United States
                                 Government
                                 Vehicle Testing
                                 Requirements.
256-0330......................  Department of           10/14/1999  11/22/2004, 69 FR 67819..
                                 Defense Personnel
                                 Participating in
                                 the Privately
                                 Owned Vehicle
                                 Import Control
                                 Program.
256-0340......................  Light Duty Motor         7/12/2005  12/19/2011, 76 FR 78571..
                                 Vehicle and Heavy
                                 Duty Gasoline
                                 Motor Vehicle
                                 Emission Control
                                 Test Method for
                                 Basic Program.
256-0350......................  Light Duty Motor         7/12/2005  12/19/2011, 76 FR 78571..
                                 Vehicle Emission
                                 Control Test
                                 Method for
                                 Enhanced Program.
256-0355......................  Emissions Control       10/25/2000  11/22/2004, 69 FR 67819..
                                 Test Method for
                                 OBD Test Program.
256-0356......................  Emissions Control        10/4/2001  11/22/2004, 69 FR 67819..
                                 Test Method for
                                 On-Site Vehicle
                                 Testing for
                                 Automobile
                                 Dealerships.
256-0370......................  Renewal of              10/14/1999  11/22/2004, 69 FR 67819..
                                 Registration for
                                 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 78571..
                                 Vehicle Emission
                                 Control Test
                                 Criteria for
                                 Basic Program.
256-0390......................  Heavy Duty               7/12/2005  12/19/2011, 76 FR 78571..
                                 Gasoline Motor
                                 Vehicle Emission
                                 Control Test
                                 Criteria.
256-0400......................  Light Duty Motor        10/14/1999  11/22/2004, 69 FR 67819..
                                 Vehicle Emission
                                 Control Standards
                                 for Basic Program.
256-0410......................  Light Duty Motor        10/14/1999  11/22/2004, 69 FR 67819..
                                 Vehicle Emission
                                 Control Standards
                                 for Enhanced
                                 Program.
256-0420......................  Heavy-Duty              10/14/1999  11/22/2004, 69 FR 67819..
                                 Gasoline Motor
                                 Vehicle Emission
                                 Control Standards.
256-0440......................  Criteria for            10/25/2000  11/22/2004, 69 FR 67819..
                                 Qualifications of
                                 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 67819..
                                 System Licensing
                                 Criteria for
                                 Basic Program.
256-0460......................  Gas Analytical          10/14/1999  11/22/2004, 69 FR 67819..
                                 System Licensing
                                 Criteria for
                                 Enhanced Program.
256-0465......................  Test Equipment          10/25/2000  11/22/2004, 69 FR 67819..
                                 Licensing
                                 Criteria for OBD
                                 Test Program.
256-0470......................  Agreement with          10/14/1999  11/22/2004, 69 FR 67819..
                                 Independent
                                 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             10/14/1999  1/22/2003, 68 FR 2891....
                                 General
                                 Requirements.
258-0120......................  Sampling and            10/14/1999  1/22/2003, 68 FR 2891....
                                 Testing for
                                 Oxygen 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 2891....
                                 Content Standard.
258-0150......................  Average Oxygen          10/14/1999  1/22/2003, 68 FR 2891....
                                 Content Standard.

[[Page 766]]

 
258-0160......................  Minimum Oxygen          10/14/1999  1/22/2003, 68 FR 2891....
                                 Content.
258-0170......................  Oxygenated              10/14/1999  1/22/2003, 68 FR 2891....
                                 Gasoline Blending.
258-0180......................  Registration......      10/14/1999  1/22/2003, 68 FR 2891....
258-0190......................  CAR, Distributor        10/14/1999  1/22/2003, 68 FR 2891....
                                 and Retail Outlet
                                 Operating Permits.
258-0200......................  Owners of Gasoline      10/14/1999  1/22/2003, 68 FR 2891....
                                 at Terminals,
                                 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 2891....
                                 Activities.
258-0240......................  Inspection and          10/14/1999  1/22/2003, 68 FR 2891....
                                 Sampling.
258-0250......................  Liability for           10/14/1999  1/22/2003, 68 FR 2891....
                                 Violation of a
                                 Prohibited
                                 Activity.
258-0260......................  Defenses for            10/14/1999  1/22/2003, 68 FR 2891....
                                 Prohibited
                                 Activities.
258-0270......................  Inability to            10/14/1999  1/22/2003, 68 FR 2891....
                                 Produce
                                 Conforming
                                 Gasoline Due to
                                 Extraordinary
                                 Circumstances.
258-0280......................  Quality Assurance       10/14/1999  1/22/2003, 68 FR 2891....
                                 Program.
258-0290......................  Attest Engagements      10/14/1999  1/22/2003, 68 FR 2891....
                                 Guidelines When
                                 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 2891....
                                 Provision for
                                 Carbon Monoxide
                                 Nonattainment
                                 Areas.
----------------------------------------------------------------------------------------------------------------
                                        Standard for Automotive Gasoline
----------------------------------------------------------------------------------------------------------------
258-0400......................  Reid Vapor              10/14/1999  1/22/2003, 68 FR 2891....
                                 Pressure for
                                 Gasoline.
----------------------------------------------------------------------------------------------------------------
        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 37124...
                                 Applicability of
                                 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 37124...
                                 Solid Fuel
                                 Burning Devices
                                 for Sale as New.
262-0600......................  New and Used Solid       5/17/2012  6/20/2013, 78 FR 37124...
                                 Fuel Burning
                                 Devices Sold in
                                 Oregon.
262-0700......................  Removal and              3/15/2011  6/20/2013, 78 FR 37124...
                                 Destruction of
                                 Used Solid Fuel
                                 Burning Devices.
262-0800......................  Wood Burning and         3/15/2011  6/20/2013, 78 FR 37124...
                                 Other Heating
                                 Devices
                                 Curtailment
                                 Program.
262-0900......................  Materials                3/15/2011  6/20/2013, 78 FR 37124...
                                 Prohibited from
                                 Burning.
262-1000......................  Wood Burning            12/11/2012  6/6/2016, 81 FR 36178....
                                 Contingency
                                 Measures for
                                 PM2.5
                                 Nonattainment
                                 Areas.
----------------------------------------------------------------------------------------------------------------
                                      Division 264--Rules for Open Burning
----------------------------------------------------------------------------------------------------------------
264-0010......................  How to Use These        12/15/2000  4/25/2013, 78 FR 24347...
                                 Open Burning
                                 Rules.
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,             12/11/2012  08/25/2015, 80 FR 51472..
                                 Statewide.
264-0050......................  General                 12/15/2000  4/25/2013, 78 FR 24347...
                                 Requirements
                                 Statewide.
264-0060......................  General                 12/15/2000  4/25/2013, 78 FR 24347...
                                 Prohibitions
                                 Statewide.
264-0070......................  Open Burning            12/15/2000  4/25/2013, 78 FR 24347...
                                 Conditions.
264-0075......................  Delegation of           12/15/2000  4/25/2013, 78 FR 24347...
                                 Authority.
264-0078......................  Open Burning            12/11/2012  08/25/2015, 80 FR 51472..
                                 Control Areas.
264-0080......................  County Listing of       12/11/2012  08/25/2015, 80 FR 51472..
                                 Specific Open
                                 Burning Rules.
----------------------------------------------------------------------------------------------------------------
                                            Open Burning Requirements
----------------------------------------------------------------------------------------------------------------
264-0100......................  Baker, Clatsop,         12/11/2012  08/25/2015, 80 FR 51472..
                                 Crook, Curry,
                                 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 24347...
                                 Marion, Polk, and
                                 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...

[[Page 767]]

 
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 24347...
                                 Jackson and
                                 Josephine
                                 Counties.
264-0175......................  Klamath County....      12/11/2012  08/25/2015, 80 FR 51472..
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 24347...
                                 Incinerators.
----------------------------------------------------------------------------------------------------------------
                              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 2891....
                                 Requirements.
266-0050......................  Registration,           10/14/1999  1/22/2003, 68 FR 2891....
                                 Permits, Fees,
                                 Records.
266-0060......................  Acreage                 10/14/1999  1/22/2003, 68 FR 2891....
                                 Limitations,
                                 Allocations.
266-0070......................  Daily Burning           10/14/1999  1/22/2003, 68 FR 2891....
                                 Authorization
                                 Criteria.
266-0080......................  Burning by Public       10/14/1999  1/22/2003, 68 FR 2891....
                                 Agencies
                                 (Training Fires).
266-0090......................  Preparatory             10/14/1999  1/22/2003, 68 FR 2891....
                                 Burning.
266-0100......................  Experimental            10/14/1999  1/22/2003, 68 FR 2891....
                                 Burning.
266-0110......................  Emergency Burning       10/14/1999  1/22/2003, 68 FR 2891....
                                 Cessation.
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 2891....
                                 Credits.
----------------------------------------------------------------------------------------------------------------
                                   OREGON DEPARTMENT OF FORESTRY--CHAPTER 629
----------------------------------------------------------------------------------------------------------------
629-24-301....................  Maintenance of            8/1/1987  11/1/2001, 66 FR 55105...  Statewide
                                 Productivity and                                               Visibility Plan.
                                 Related Values.
629-43-043....................  Smoke Management         4/13/1987  11/1/2001, 66 FR 55105...  Statewide
                                 Plan.                                                          Visibility Plan.
----------------------------------------------------------------------------------------------------------------
                                       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 55105...  Statewide
                                                                                                Visibility Plan.
837-110-0020..................  Firefighting Water        2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                 Supplies.                                                      Visibility Plan.
837-110-0030..................  Firefighting              2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                 Equipment.                                                     Visibility Plan.
837-110-0040..................  Ignition Criteria.        2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                                                                                Visibility Plan.
837-110-0050..................  Prohibited Use....        2/7/1989  11/1/2001, 66 FR 55105...  Statewide
                                                                                                Visibility Plan.
837-110-0060..................  Communication.....        2/7/1989  11/1/2001, 66 FR 55105...  Statewide
                                                                                                Visibility Plan.
837-110-0070..................  Fire Safety Watch.        2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                                                                                Visibility Plan.
837-110-0080..................  Fire Safety Buffer        2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                 Zones.                                                         Visibility Plan.
837-110-0090..................  Ban on Burning....        2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                                                                                Visibility Plan.
----------------------------------------------------------------------------------------------------------------
                                                    Propaning
----------------------------------------------------------------------------------------------------------------
837-110-0110..................  Field Preparation.        2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                                                                                Visibility Plan.
837-110-0120..................  Firefighting Water        2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                 Supplies.                                                      Visibility Plan.
837-110-0130..................  Firefighting              2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                 Equipment.                                                     Visibility Plan.
837-110-0140..................  Communication.....        2/7/1989  11/1/2001, 66 FR 55105...  Statewide
                                                                                                Visibility Plan.

[[Page 768]]

 
837-110-0150..................  Fire Safety Watch.        2/7/1994  11/1/2001, 66 FR 55105...  Statewide
                                                                                                Visibility Plan.
837-110-0160..................  Ban on Burning....       8/11/1993  11/1/2001, 66 FR 55105...  Statewide
                                                                                                Visibility Plan.
----------------------------------------------------------------------------------------------------------------
\1\ Only for the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality
  management areas, as well as all of Clackamas, Multnomah, and Washington counties.
\2\ This approval is for the purpose of regulating volatile organic compound (VOC) emissions.


                                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 65934..  Grants Pass PM-10
 No. 4671.                                                                                      Attainment Plan.
City of Eugene Ordinance No.    An Ordinance             11/5/1990  8/24/1994, 59 FR 43483...  Eugene-
 19731.                          Restricting the                                                Springfield PM-
                                 Use of Solid Fuel                                              10 Attainment
                                 Space Heating                                                  Plan.
                                 Devices During
                                 Air Pollution
                                 Episodes.
Lane County Ordinance No. 9-90  Restricts Use of        12/19/1990  8/24/1994, 59 FR 43483...  Eugene-
                                 Solid Fuel Space                                               Springfield PM-
                                 Heating Devices                                                10 Attainment
                                 During Air                                                     Plan.
                                 Pollution
                                 Episodes.
City of Springfield Ordinance   Restricts Use of        12/17/1990  8/24/1994, 59 FR 43483...  Eugene-
 No. 5546.                       Solid Fuel Space                                               Springfield PM-
                                 Heating Devices                                                10 Attainment
                                 During Air                                                     Plan.
                                 Pollution
                                 Episodes.
Union County Ordinance 1991-6.  Field Burning             6/5/1991  2/15/1995, 60 FR 8563....  La Grande PM-10
                                 Smoke Management                                               Attainment Plan.
                                 Program.
City of Klamath Falls           An Ordinance             9/16/1991  4/14/1997, 62 FR 18047...  Klamath Falls PM-
 Ordinance 6630.                 Consenting to the                                              10 Attainment
                                 Application of                                                 Plan.
                                 the Klamath
                                 County Air
                                 Quality Program
                                 Ordinance Within
                                 City Limits.
City of Oakridge Ordinance 815  Restricts Use of           8/15/96  3/15/1999, 64 FR 12751...  Oakridge PM-10
                                 Solid Fuel Space                                               Attainment Plan.
                                 Heating Devices
                                 During Air
                                 Pollution
                                 Episodes.
Town of Lakeview Resolution     Establishes a            2/28/1994  9/21/1999, 64 FR 51051...  Lakeview PM-10
 No. 402.                        Lakeview Air                                                   Attainment Plan.
                                 Quality
                                 Improvement
                                 Program.
Lake County Commissioners       Establishment of a       3/15/1995  9/21/1999, 64 FR 51051...  Lakeview PM-10
 Resolution.                     Lakeview Urban                                                 Attainment Plan.
                                 Growth Boundary
                                 Air Quality
                                 Improvement
                                 Program.
Town of Lakeview Ordinance No.  Prohibits Use of         2/28/1995  9/21/1999, 64 FR 51051...  Lakeview PM-10
 748.                            Solid Fuel                                                     Attainment Plan.
                                 Burning Devices,
                                 Provides Certain
                                 Exemptions and
                                 Establishes
                                 Enforcement
                                 Controls.
Town of Lakeview Ordinance No.  Prohibits Waste          2/28/1995  9/21/1999, 64 FR 51051...  Lakeview PM-10
 749.                            Burning;                                                       Attainment Plan.
                                 Restricts Open
                                 Burning, Repeals
                                 Ordinance No. 581.
Lake County Ordinance No. 29..  Prohibits Use of         3/15/1995  9/21/1999, 64 FR 51051...  Lakeview PM-10
                                 Solid Fuel                                                     Attainment Plan.
                                 Burning Devices,
                                 Provides Certain
                                 Exemptions and
                                 Establishes
                                 Enforcement
                                 Controls.
Lake County Ordinance No. 30..  Prohibits Waste          3/15/1995  9/21/1999, 64 FR 51051...  Lakeview PM-10
                                 Burning and                                                    Attainment Plan.
                                 Restricts Open
                                 Burning.
Medford Ordinance No. 6484....  Woodstove               11/17/1989  7/24/2002, 67 FR 48388...  Medford Carbon
                                 Curtailment.                                                   Monoxide (CO)
                                                                                                Maintenance
                                                                                                Plan.
Union County Ordinance No.      Management and            7/1/1992  11/1/2001, 66 FR 55105...  Statewide
 1992-4.                         Control of Field                                               Visibility Plan.
                                 Burning.
Jefferson County Ordinance No.  Management and           5/31/1989  11/1/2001, 66 FR 55105...  Statewide
 0-58-89.                        Control of Field                                               Visibility Plan.
                                 Burning.
Codified Ordinances of Jackson  Definitions.......        5/2/1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 County 1810.01.                                                                                PM-10 Attainment
                                                                                                Plan.

[[Page 769]]

 
Codified Ordinances of Jackson  Exceptions to            8/22/2001  6/19/2006, 71 FR 35163...  Medford-Ashland
 County 1810.02.                 chapter.                                                       PM-10 Attainment
                                                                                                Plan.
Codified Ordinances of Jackson  Requirements for        12/20/1989  6/19/2006, 71 FR 35163...  Medford-Ashland
 County 1810.03.                 solid fuel                                                     PM-10 Attainment
                                 heating device                                                 Plan.
                                 installation.
Codified Ordinances of Jackson  Solid fuel burning        5/2/1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 County 1810.04.                 device omission                                                PM-10 Attainment
                                 standard.                                                      Plan.
Codified Ordinances of Jackson  Restriction of            5/2/1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 County 1810.05.                 woodburning and                                                PM-10 Attainment
                                 emissions on high                                              Plan.
                                 pollution days.
Codified Ordinances of Jackson  Trackout..........       12/4/1985  6/19/2006, 71 FR 35163...  Medford-Ashland
 County 1810.06.                                                                                PM-10 Attainment
                                                                                                Plan.
Codified Ordinances of Jackson  Open burning......       8/22/2001  6/19/2006, 71 FR 35163...  Medford-Ashland
 County 1810.07.                                                                                PM-10 Attainment
                                                                                                Plan.
Codified Ordinances of Jackson  Burning of              12/20/1989  6/19/2006, 71 FR 35163...  Medford-Ashland
 County 1810.08.                 material emitting                                              PM-10 Attainment
                                 dense smoke or                                                 Plan.
                                 noxious odors in
                                 solid fuel
                                 burning devices.
Codified Ordinances of Jackson  [Map 1]...........        5/2/1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 County Exhibit A.                                                                              PM-10 Attainment
                                                                                                Plan.
Codified Ordinances of Jackson  Proposed                  5/2/1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 County Exhibit B.               Curtailment                                                    PM-10 Attainment
                                 Boundary Jackson                                               Plan.
                                 County.
Codified Ordinances of Jackson  [Map 2]...........        5/2/1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 County Exhibit C.                                                                              PM-10 Attainment
                                                                                                Plan.
Codified Ordinances of Jackson  Boundary                  5/2/1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 County Exhibit D.               Description                                                    PM-10 Attainment
                                 Medford-Ashland                                                Plan.
                                 Air Quality
                                 Maintenance Area.
Code of the City of Medford,    Outside Burning...       3/16/2000  6/19/2006, 71 FR 35163...  Medford-Ashland
 Oregon: 5.550.                                                                                 PM-10 Attainment
                                                                                                Plan.
Code of the City of Medford,    Definitions.......       9/17/1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Oregon: 7.220.                                                                                 PM-10 Attainment
                                                                                                Plan.
Code of the City of Medford,    Operation of Solid       9/17/1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Oregon: 7.222.                  Fuel Burning                                                   PM-10 Attainment
                                 Device                                                         Plan.
                                 Prohibition.
Code of the City of Medford,    Exemptions........       9/17/1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Oregon: 7.224.                                                                                 PM-10 Attainment
                                                                                                Plan.
Code of the City of Medford,    Installation of           8/2/1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 Oregon: 7.240.                  Solid-Fuel                                                     PM-10 Attainment
                                 Heating Devices.                                               Plan.
Code of the City of Medford,    Prohibited               9/17/1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Oregon: 7.242.                  Materials.                                                     PM-10 Attainment
                                                                                                Plan.
City of Central Point           Definitions.......            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Municipal Code: 8.01.010.                                                                      PM-10 Attainment
                                                                                                Plan.
City of Central Point           Requirements for              1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Municipal Code: 8.01.012.       solid fuel                                                     PM-10 Attainment
                                 burning device                                                 Plan.
                                 installation.
City of Central Point           Solid fuel burning            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Municipal Code: 8.01.014.       device emission                                                PM-10 Attainment
                                 standard.                                                      Plan.
City of Central Point           Operation of solid            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Municipal Code: 8.01.020.       fuel device                                                    PM-10 Attainment
                                 prohibition.                                                   Plan.
City of Central Point           Exemptions........            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Municipal Code: 8.01.030.                                                                      PM-10 Attainment
                                                                                                Plan.
City of Central Point           Prohibited                    1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Municipal Code: 8.01.032.       materials.                                                     PM-10 Attainment
                                                                                                Plan.

[[Page 770]]

 
City of Central Point           Penalty and                   1979  6/19/2006, 71 FR 35163...  Medford-Ashland
 Municipal Code: 8.04.040 H..    abatement.                                                     PM-10 Attainment
                                                                                                Plan.
City of Central Point           Trackout                      1994  6/19/2006, 71 FR 35163...  Medford-Ashland
 Municipal Code: 8.04.095.       prohibited.                                                    PM-10 Attainment
                                                                                                Plan.
City of Ashland Municipal       Definitions.......            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 10.30.005.                                                                               PM-10 Attainment
                                                                                                Plan.
City of Ashland Municipal       Outdoor and Indoor            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 10.30.010.                Burning                                                        PM-10 Attainment
                                 Restricted.                                                    Plan.
City of Ashland Municipal       Period When                   2000  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 10.30.020.                Outdoor Burning                                                PM-10 Attainment
                                 is Authorized.                                                 Plan.
City of Ashland Municipal       Requirements for              1993  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 10.30.030.                Permitted Fires.                                               PM-10 Attainment
                                                                                                Plan.
City of Ashland Municipal       Permits Required..            1993  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 10.30.040.                                                                               PM-10 Attainment
                                                                                                Plan.
City of Ashland Municipal       Definitions.......            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 9.24.010.                                                                                PM-10 Attainment
                                                                                                Plan.
City of Ashland Municipal       Requirements for              1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 9.24.020.                 Solid Fuel                                                     PM-10 Attainment
                                 Heating Device                                                 Plan.
                                 Installation.
City of Ashland Municipal       Solid Fuel Burning            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 9.24.030.                 Device Emission                                                PM-10 Attainment
                                 Standard.                                                      Plan.
City of Ashland Municipal       Restriction of                1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 9.24.040.                 Woodburning an                                                 PM-10 Attainment
                                 Emissions on High                                              Plan.
                                 Pollution Days.
City of Ashland Municipal       Prohibited                    1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 Code: 9.24.050.                 Materials.                                                     PM-10 Attainment
                                                                                                Plan.
City of Talent Ordinance 565.  An ordinance of          8/20/1992  6/19/2006, 71 FR 35163...  Medford-Ashland
                                 the city of                                                    PM-10 Attainment
                                 Talent adopting a                                              Plan.
                                 uniform fire code.
City of Talent Ordinance 98-   An ordinance              3/4/1998  6/19/2006, 71 FR 35163...  Medford-Ashland
 635-0.                          regulating the                                                 PM-10 Attainment
                                 use of solid fuel                                              Plan.
                                 burning devices
                                 within the city
                                 of Talent, Oregon.
City of Phoenix code: 8.16.050  Burn days.........            1982  6/19/2006, 71 FR 35163...  Medford-Ashland
                                                                                                PM-10 Attainment
                                                                                                Plan.
City of Phoenix code: 8.16.090  Prohibited                    1982  6/19/2006, 71 FR 35163...  Medford-Ashland
                                 materials.                                                     PM-10 Attainment
                                                                                                Plan.
City of Phoenix code: 8.20.010  Definitions.......            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
                                                                                                PM-10 Attainment
                                                                                                Plan.
City of Phoenix code: 8.20.020  Requirements for              1998  6/19/2006, 71 FR 35163...  Medford-Ashland
                                 solid fuel                                                     PM-10 Attainment
                                 heating device                                                 Plan.
                                 installation.
City of Phoenix code: 8.20.030  Solid fuel burning            1998  6/19/2006, 71 FR 35163...  Medford-Ashland
                                 device emission                                                PM-10 Attainment
                                 standard.                                                      Plan.
City of Phoenix code: 8.20.040  Restriction of                1998  6/19/2006, 71 FR 35163...  Medford-Ashland
                                 woodburning and                                                PM-10 Attainment
                                 emissions on high                                              Plan.
                                 pollution days.
City of Phoenix code: 8.20.050  Prohibited                    1998  6/19/2006, 71 FR 35163...  Medford-Ashland
                                 materials.                                                     PM-10 Attainment
                                                                                                Plan.
City of Jacksonville code:      An ordinance             4/21/1992  6/19/2006, 71 FR 35163...  Medford-Ashland
 Ordinance 375.                  amending chapter                                               PM-10 Attainment
                                 8.08.100 of the                                                Plan.
                                 Jacksonville
                                 Municipal Code.
City of Jacksonville Code       Woodheating.......   February 1992  6/19/2006, 71 FR 35163...  Medford-Ashland
 Chapter 8.10.                                                                                  PM-10 Attainment
                                                                                                Plan.
City of Eagle Point Code:       Outside burning of            2000  6/19/2006, 71 FR 35163...  Medford-Ashland
 8.08.160.                       refuse or rubbish.                                             PM-10 Attainment
                                                                                                Plan.
City of Eagle Point Code:       Open burning                  1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 8.08.170.                       restricted.                                                    PM-10 Attainment
                                                                                                Plan.
City of Eagle Point Code:       Purposes for open             1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 8.08.180.                       burning permit.                                                PM-10 Attainment
                                                                                                Plan.

[[Page 771]]

 
City of Eagle Point Code:       Times when open               1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 8.08.190.                       burning fire                                                   PM-10 Attainment
                                 allowed.                                                       Plan.
City of Eagle Point Code:       Public nuisance...            1990  6/19/2006, 71 FR 35163...  Medford-Ashland
 8.08.200.                                                                                      PM-10 Attainment
                                                                                                Plan.
Klamath County Ordinance 63.06  Chapter 406--           12/31/2012  08/25/2015, 80 FR 51472..  Except 406.300
                                 Klamath County                                                 and 406.400
                                 Clean Air                                                      Klamath Falls
                                 Ordinance 63.06.                                               PM2.5 Attainment
                                                                                                Plan.
----------------------------------------------------------------------------------------------------------------


               Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon
----------------------------------------------------------------------------------------------------------------
                                                         State
         LRAPA citation            Title/subject    effective 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 47385.
                                  Validity.
----------------------------------------------------------------------------------------------------------------
                                              Title 12--Definitions
----------------------------------------------------------------------------------------------------------------
12-001.........................  Definitions of           3/8/1994  8/3/2001, 66 FR 40616.
                                  Words and Terms
                                  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 43483.
                                  Schedule.
16-110.........................  Classification of       7/13/1993  8/24/1994, 59 FR 43483.
                                  Violations.
16-120.........................  Notice of               7/13/1993  8/24/1994, 59 FR 43483.
                                  Violation.
16-130.........................  Appeal of Civil         7/13/1993  8/24/1994, 59 FR 43483.
                                  Penalty.
16-140.........................  Conducting              7/13/1993  8/24/1994, 59 FR 43483.
                                  Contested Case
                                  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--Designation of Air Quality Areas
----------------------------------------------------------------------------------------------------------------
29-0010........................  Definitions......      10/18/2012  10/21/2016, 81 FR 72716..  Except 1-5, 7-9,
                                                                                                and 11-15.
29-0030........................  Designation of         10/18/2012  10/21/2016, 81 FR 72716..
                                  Nonattainment
                                  Areas.
29-0040........................  Designation of          9/26/2011  4/11/2013, 78 FR 21547.
                                  Maintenance
                                  Areas.
----------------------------------------------------------------------------------------------------------------
                                        Title 30--Incinerator Regulations
----------------------------------------------------------------------------------------------------------------
30-005.........................  Purpose and              3/8/1994  8/3/2001, 66 FR 40616.
                                  Applicability.
30-010.........................  Definitions......        3/8/1994  8/3/2001, 66 FR 40616.
30-015.........................  Best Available           3/8/1994  8/3/2001, 66 FR 40616.
                                  Control
                                  Technology for
                                  Solid and
                                  Infectious Waste
                                  Incinerators.
30-020.........................  Emission                 3/8/1994  8/3/2001, 66 FR 40616....  Except (2) & (8).
                                  Limitations for
                                  Solid and
                                  Infectious Waste
                                  Incinerators.
30-025.........................  Design and               3/8/1994  8/3/2001, 66 FR 40616....  Except (9).
                                  Operation for
                                  Solid and
                                  Infectious Waste
                                  Incinerators.
30-030.........................  Continuous               3/8/1994  8/3/2001, 66 FR 40616....  Except (1)(I) &
                                  Emission                                                      (2)(E).
                                  Monitoring for
                                  Solid and
                                  Infectious Waste
                                  Incinerators.
30-035.........................  Reporting and            3/8/1994  8/3/2001, 66 FR 40616.
                                  Testing for
                                  Solid and
                                  Infectious Waste
                                  Incinerators.
30-040.........................  Compliance for           3/8/1994  8/3/2001, 66 FR 40616.
                                  Solid and
                                  Infectious Waste
                                  Incinerators.
30-045.........................  Emission                 3/8/1994  8/3/2001, 66 FR 40616....  Except for (3).
                                  Limitations of
                                  Crematory
                                  Incinerators.
30-050.........................  Design and               3/8/1994  8/3/2001, 66 FR 40616.
                                  Operation of
                                  Crematory
                                  Incinerators.
30-055.........................  Monitoring and           3/8/1994  8/3/2001, 66 FR 40616.
                                  Reporting for
                                  Crematory
                                  Incinerators.
30-060.........................  Compliance of            3/8/1994  8/3/2001, 66 FR 40616.
                                  Crematory
                                  Incinerators.
----------------------------------------------------------------------------------------------------------------

[[Page 772]]

 
                                          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 40616.
                                  Practicable
                                  Treatment and
                                  Control Required.
32-006.........................  Pollution              11/10/1994  8/3/2001, 66 FR 40616.
                                  Prevention.
32-007.........................  Operating and          11/10/1994  8/3/2001, 66 FR 40616.
                                  Maintenance
                                  Requirements.
32-008.........................  Typically              11/10/1994  8/3/2001, 66 FR 40616.
                                  Achievable
                                  Control
                                  Technology
                                  (TACT).
32-009.........................  Additional             11/10/1994  8/3/2001, 66 FR 40616.
                                  Control
                                  Requirements for
                                  Stationary
                                  Sources of Air
                                  Contaminants.
32-010.........................  Visible Air            11/10/1994  8/3/2001, 66 FR 40616.
                                  Contaminant
                                  Limitations.
32-015.........................  Particulate            11/10/1994  8/3/2001, 66 FR 40616.
                                  Matter Weight
                                  Standards.
32-020.........................  Particulate            11/10/1994  8/3/2001, 66 FR 40616.
                                  Matter Weight
                                  Standards--Exist
                                  ing Combustion
                                  Sources.
32-030.........................  Particulate            11/10/1994  8/3/2001, 66 FR 40616.
                                  Matter Weight
                                  Standards--New
                                  Combustion
                                  Sources.
32-045.........................  Process Weight         11/10/1994  8/3/2001, 66 FR 40616.
                                  Emission
                                  Limitations.
32-055.........................  Particulate            11/10/1994  8/3/2001, 66 FR 40616.
                                  Matter Size
                                  Standard.
32-060.........................  Air Conveying           9/26/2011  4/11/2013, 78 FR 21547.
                                  Systems.
32-065.........................  Sulfur Content of       9/26/2011  4/11/2013, 78 FR 21547...  Except paragraphs
                                  Fuels.                                                        1 and 2.
32-070.........................  Sulfur Dioxide         11/10/1994  8/3/2001, 66 FR 40616.
                                  Emission
                                  Limitations.
32-090.........................  Other Emissions..      11/10/1994  8/3/2001, 66 FR 40616.
Table 1........................  Table of               11/10/1994  8/3/2001, 66 FR 40616.
                                  Allowable Rate
                                  of 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 40616.
                                  Masking of
                                  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 40616.
                                  Industries
                                  (Hardwood,
                                  Particleboard,
                                  Plywood, Veneer).
33-065.........................  Charcoal               11/10/1994  8/3/2001, 66 FR 40616.
                                  Producing Plants.
33-070.........................  Kraft Pulp Mills.      11/10/1994  8/3/2001, 66 FR 40616....  Except for
                                                                                                (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 40616.
                                  Plants.
----------------------------------------------------------------------------------------------------------------
                           Title 34--Stationary Source Rules and Permitting Procedures
----------------------------------------------------------------------------------------------------------------
34-001.........................  General Policy          6/13/2000  8/3/2001, 66 FR 40616.
                                  and Rule
                                  Organization.
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 40616.
                                  Information.
34-020.........................  Information             6/13/2000  8/3/2001, 66 FR 40616.
                                  Exempt from
                                  Disclosure.
34-030.........................  Source                  6/13/2000  8/3/2001, 66 FR 40616.
                                  Registration.
34-040.........................  Compliance              6/13/2000  8/3/2001, 66 FR 40616.
                                  Schedules for
                                  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 40616....  except for (6) &
                                  Emission Limit                                                (8).
                                  Rules.
34-070.........................  Sampling, Testing       6/13/2000  8/3/2001, 66 FR 40616.
                                  and Monitoring
                                  of Air
                                  Contaminant
                                  Emissions.
----------------------------------------------------------------------------------------------------------------

[[Page 773]]

 
              Rules Applicable to Sources Required to Have Air Contaminant Discharge Permits (ACDP)
----------------------------------------------------------------------------------------------------------------
34-090.........................  Purpose and             6/13/2000  8/3/2001, 66 FR 40616.
                                  Applicability.
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 40616.
                                  Sources.
34-130.........................  General                 6/13/2000  8/3/2001, 66 FR 40616.
                                  Procedures for
                                  Obtaining 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 40616.
Part I.........................   Sources and
Part II........................   Associated Fee
                                  Schedule.
----------------------------------------------------------------------------------------------------------------
                                           Title 38--New Source Review
----------------------------------------------------------------------------------------------------------------
38-001.........................  General                 2/13/1990  9/9/1993, 58 FR 47385.
                                  Applicability.
38-005.........................  Definitions......       2/13/1990  9/9/1993, 58 FR 47385.
38-010.........................  General                 2/13/1990  9/9/1993, 58 FR 47385.
                                  Requirements for
                                  Major Sources
                                  and Major
                                  Modifications.
38-015.........................  Additional              2/13/1990  9/9/1993, 58 FR 47385.
                                  Requirements for
                                  Major Sources or
                                  Major
                                  Modifications
                                  Located in
                                  Nonattainment
                                  Areas.
38-020.........................  Additional              2/13/1990  9/9/1993, 58 FR 47385.
                                  Requirements for
                                  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 47385.
                                  Major Sources
                                  and Major
                                  Modifications.
38-030.........................  Baseline for            2/13/1990  9/9/1993, 58 FR 47385.
                                  Determining
                                  Credits for
                                  Offsets.
38-035.........................  Requirements for        2/13/1990  9/9/1993, 58 FR 47385.
                                  Net Air Quality
                                  Benefit for
                                  Major Sources
                                  and Major
                                  Modifications.
38-040.........................  Emission                2/13/1990  9/9/1993, 58 FR 47385.
                                  Reduction Credit
                                  Banking.
38-045.........................  Requirements for        2/13/1990  9/9/1993, 58 FR 47385.
                                  Non-Major
                                  Sources and Non-
                                  Major
                                  Modifications.
38-050.........................  Stack Height and        2/13/1990  9/9/1993, 58 FR 47385.
                                  Dispersion
                                  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 43483.
                                  Rules.
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 43483.
                                  Schedule for
                                  Existing Sources.
39-025.........................  Wood-Waste             11/13/1991  8/24/1994, 59 FR 43483.
                                  Boilers.
39-030.........................  Veneer Dryers....      11/13/1991  8/24/1994, 59 FR 43483.
39-035.........................  Particleboard          11/13/1991  8/24/1994, 59 FR 43483.
                                  Plants and Wood
                                  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 43483.
                                  Systems.
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...       3/14/2008  10/23/2015, 80 FR 64346.
47-005.........................  Exemptions from         3/14/2008  10/23/2015, 80 FR 64346.
                                  these Rules.
47-010.........................  Definitions......       3/14/2008  10/23/2015, 80 FR 64346    Except the
                                                                                                definition of
                                                                                                ``nuisance''.
47-015.........................  Open Burning            3/14/2008  10/23/2015, 80 FR 64346    Except 1.D, 1.H,
                                  Requirements.                                                 and 6.B(5).
47-020.........................  Letter Permits...       3/14/2008  10/23/2015, 80 FR 64346    Except 3, 9.I,
                                                                                                and 10.

[[Page 774]]

 
                                         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 47385.
                                  Particulate
                                  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                7/12/1988  9/9/1993, 58 FR 47385.
                                  Reduction Plans.
51-020.........................  Preplanned              7/12/1988  9/9/1993, 58 FR 47385.
                                  Abatement
                                  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 47385.
                                  Episode, Alert
                                  Condition.
Table II.......................  Air Pollution           7/12/1988  9/9/1993, 58 FR 47385.
                                  Episode, Warning
                                  Conditions.
Table III......................  Air Pollution           7/12/1988  9/9/1993, 58 FR 47385.     .................
                                  Episode,
                                  Emergency
                                  Conditions.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved State Source-specific requirements.

----------------------------------------------------------------------------------------------------------------
                                                      State
        Name of source            Permit No.     effective date      EPA approval date          Explanation
----------------------------------------------------------------------------------------------------------------
Industrial Laundry & Dry       26-3025.........       12/9/1980  8/27/1981, 46 FR 43142..  Air Contaminant
 Cleaners.                                                                                  Discharge Permit
                                                                                            Expiration Date: 11/
                                                                                            1/1987.
VANPLY, Inc.& Spalding Pulp &  Stipulation and       12/30/1980  8/27/1981, 46 FR 43142..  Transfer by VANPLY,
 Paper Co.                      Consent Final                                               INC. of a VOC Offset
                                Order.                                                      to Spalding Pulp &
                                                                                            Paper Co.
Weyerhaeuser Company.........  18-0037.........        2/3/1981  11/6/1981, 46 FR 55101..  Conditions 5 and 6--
                                                                                            Air Contaminant
                                                                                            Discharge Permit
                                                                                            Exp. Date: 5/1/1986.
Spaulding Pulp and Paper Co..  36-6041.........      12/11/1980  8/27/1981, 46 FR 43142..  Air Contaminant
                                                                                            Discharge Permit
                                                                                            Expiration Date: 10/
                                                                                            1/1984.
Dura Industries..............  26-3112.........       9/14/1995  3/31/1998, 63 FR 15293..  Air Contaminant
                                                                                            Discharge Permit
                                                                                            Expiration Date 9/1/
                                                                                            1997.
Cascade General (Port of       26-3224.........       10/4/1995  3/7/1997, 62 FR 10455...  Air Contaminant
 Portland).                                                                                 Discharge Permit
                                                                                            Expiration Date 5/1/
                                                                                            1997.
White Consolidated Inc.......  34-2060.........        8/1/1995  3/7/1997, 62 FR 10455...  Air Contaminant
                                                                                            Discharge Permit
                                                                                            Expiration Date 8/1/
                                                                                            1997.
Intel Corporation............  34-2681.........       9/24/1993  7/18/1996, 61 FR 37393..  Oregon Title-V
                                                         (State                             Operating Permit
                                                 effective date                             Expiration Date: 10/
                                                     of Title V                             31/1999.
                                                       Program)
PCC Structurals, Inc.........  26-1867.........        4/4/1997  6/20/1997, 62 FR 33548..  Conditions 19, 20 and
                                                                                            21 in Addendum No. 2
                                                                                            Air Contaminant
                                                                                            Discharge Permit
                                                                                            Expiration Date: 4/1/
                                                                                            2000.
Ostrander Construction         ACDP No. 19-0002       4/29/1998  9/21/1999, 64 FR 51051..  Air Contaminant
 Company Fremont Sawmill.                                                                   Discharge Permit
                                                                                            Expiration Date 11/1/
                                                                                            2002.
----------------------------------------------------------------------------------------------------------------

    (e) EPA Approved Nonregulatory provisions and Quasi-Regulatory 
Measures.

                                       EPA Approved Oregon State Statutes
----------------------------------------------------------------------------------------------------------------
                                                           State
        State citation             Title/subject      effective date      EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
ORS Chapter 468..............  General                     11/4/1993  7/19/1995, 60 FR 37013..
                                Administration,
                                Enforcement,
                                Pollution Control
                                Facilities Tax
                                Credit.

[[Page 775]]

 
ORS Chapter 468A.............  Air Pollution               11/4/1993  7/19/1995, 60 FR 37013..  Except 468A.075.
                                Control, Regional
                                Air Quality Control
                                Authorities, Motor
                                Vehicle Pollution
                                Control, Field
                                Burning and Propane.
ORS Chapter 468A.330.........  Small Business              11/4/1993  9/5/1995, 60 FR 46025...
                                Stationary Source
                                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 Administration..   Section 2, 4/25/  Section 2, 7/30/1991, 56 FR 36006......
                                                                              1986
                                                                    2.1, 4/25/1986  2.1, 7/30/1991, 56 FR 36006............  2.1 Agency Organization.
                                                                    2.2, 7/29/1992  2.2, 7/19/1995, 60 FR 37013............  2.2 Legal Authority.
                                                                    2.3, 4/25/1986  2.3, 7/30/1991, 56 FR 36006............  2.3 Resources.
                                                                    2.4, 4/25/1986  2.4, 7/30/1991, 56 FR 36006............  2.4 Intergovernmental
                                                                                                                              cooperation.
                                                                    2.5, 4/25/1986  2.5, 7/30/1991, 56 FR 36006............  2.5 Miscellaneous
                                                                                                                              Provisions.
                                                                   2.6, 11/16/1992  2.6, 9/5/1995, 60 FR 46025.............  2.6 Small Business
                                                                                                                              Assistance Program.
Section 3............................  Statewide Regulatory              4/25/1986  7/30/1991, 56 FR 36006.................  Refer to table (c) for
                                        Provisions.                                                                           approved regulations.
Section 4............................  Control Strategies for      4.1, 12/19/1980  4.1, 4/12/1982, 47 FR 15587............  4.1 Portland-Vancouver TSP
                                        Nonattainment Areas.                                                                  Attainment Plan.
                                                                    4.2, 7/16/1982  4.2, 10/7/1982, 47 FR 44261............  4.2 Portland-Vancouver CO
                                                                                                                              Attainment Plan.
                                                                    4.3, 7/16/1982  4.3, 10/7/1982, 47 FR 44261............  4.3 Portland-Vancouver
                                                                                                                              Ozone Attainment Plan.
                                                                    4.4, 6/20/1979  4.4, 6/24/1980, 45 FR 42265............  4.4 Salem CO Attainment
                                                                                                                              Plan.
                                                                    4.5, 9/19/1980  4.5, 4/12/1982, 47 FR 15587............  4.5 Salem Ozone Attainment
                                                                                                                              Plan.
                                                                    4.6, 1/30/1981  4.6, 4/12/1982, 47 FR 15587............  4.6 Eugene-Springfield TSP
                                                                                                                              Attainment Plan.
                                                                    4.7, 6/20/1979  4.7, 6/24/1980, 45 FR 42265............  4.7 Eugene-Springfield CO
                                                                                                                              Attainment Plan.
                                                                    4.7, 12/9/1988  4.7, 12/6/1993, 58 FR 64161............  4.7 Eugene-Springfield CO
                                                                                                                              Maintenance Plan.
                                                                      4.8, 1/25/85  4.8, 6/4/1986, 51 FR 20285.............  4.8 Medford-Ashland Ozone,
                                                                                                                              Maintenance Plan.
                                                                   4.9, 10/15/1982  4.9, 2/13/1987, 52 FR 4620.............  4.9 Medford-Ashland CO
                                                                                                                              Attainment Plan.
                                                                      4.10, 4/1983  4.10, 8/15/1984, 49 FR 32574...........  4.10 Medford-Ashland TSP,
                                                                                                                              Attainment Plan.
                                                                  4.11, 10/24/1986  4.11, 1/15/1988, 53 FR 1020............  4.11 Grants Pass CO,
                                                                                                                              Attainment Plan.
                                                                   4.12, 8/18/1995  4.12, 4/14/1997, 62 FR 18047...........  4.12 Klamath Falls PM-10
                                                                                                                              Attainment Plan.
                                                                  4.13, 11/13/1991  4.13, 12/17/1993, 58 FR 65934..........  4.13 Grants Pass PM-10
                                                                                                                              Attainment Plan.
                                                                    4.14, 9/9/2005  4.14, 6/19/2006, 71 FR 35163...........  4.14 Medford PM-10
                                                                                                                              Attainment and Maintenance
                                                                                                                              Plan.
                                                                   4.15, 11/8/1991  4.15, 2/15/1995, 60 FR 8563............  4.15 La Grande PM-10
                                                                                                                              Attainment Plan.
                                                                   4.16, 1/31/1991  4.16, 8/24/1994, 59 FR 43483...........  4.16 Eugene-Springfield PM-
                                                                                                                              10 Attainment Plan.
                                                                 4.17, 11/20/2000,  4.17, 9/20/2001, 66 FR 48340...........  4.17 Klamath Falls CO
                                                                  (submittal date)                                            Maintenance Plan.
                                                                   4.18, 11/4/1996  4.18, 3/15/1999, 64 FR 12751...........  4.18 Oakridge PM-10
                                                                                                                              Attainment Plan.
                                                                   4.19, 6/1/1995,  4.19, 9/21/1999, 64 FR 51051...........  4.19 Lakeview PM-10
                                                                  (submittal date)                                            Attainment Plan.
                                                                   4.50, 8/14/1996  4.50, 5/19/1997, 62 FR 27204...........  4.50 Portland/Vancouver
                                                                                                                              Ozone Maintenance Plan.
                                                                   4.50, 4/12/2007  4.50, 12/19/2011, 76 FR 78571..........  4.50 Portland-Vancouver
                                                                                                                              AQMA (Oregon portion) &
                                                                                                                              Salem Kaizer Area 8-hour
                                                                                                                              Ozone (110(a)(1)
                                                                                                                              Maintenance Plan.

[[Page 776]]

 
                                                                   4.51, 7/12/1996  4.51, 9/2/1997, 62 FR 46208............  4.51 Portland CO
                                                                                                                              Maintenance Plan.
                                                                    4.52, 3/9/2001  4.52, 7/24/2002, 67 FR 48388...........  4.52 Medford CO Maintenance
                                                                                                                              Plan.
                                                                   4.53, 9/10/1999  4.53, 8/31/2000, 65 FR 52932...........  4.53 Grants Pass CO
                                                                                                                              Maintenance Plan.
                                                                   4.55, 10/4/2002  4.55, 10/27/2003, 68 FR 61111..........  4.55 Grants Pass PM-10
                                                                                                                              Maintenance Plan.
                                                                   4.56, 10/4/2002  4.56, 10/21/2003, 68 FR 60036..........  4.56 Klamath Falls PM-10
                                                                                                                              Maintenance Plan.
                                                                   4.57, 6/28/2007  4.57, 12/30/2008, 73 FR 79655..........  4.57 Salem-Keizer Area CO,
                                                                                                                              Limited Maintenance Plan.
                                                                  4.58, 12/15/2004  4.58, 1/24/2006, 71 FR 3768............  4.58 Portland Area CO
                                                                                                                              Maintenance Plan 2nd 10-
                                                                                                                              year.
                                                                  4.58, 12/11/2013  4.58, 5/22/2014, 79 FR 29360...........  4.58 Portland Area CO
                                                                                                                              Maintenance Plan 2nd 10-
                                                                                                                              year; TCM substitution
                                                                                                                              update 4.58.3.2.2.
                                                                    4.59, 9/9/2005  4.59, 6/19/2006, 71 FR 35161...........  4.59 La Grande PM10
                                                                                                                              Maintenance Plan.
                                                                    4.60, 9/9/2005  4.60, 6/19/2006, 71 FR 35159...........  4.60 Lakeview PM10
                                                                                                                              Maintenance Plan.
                                                                   4.61, 9/26/2011  4.61, 4/11/2013, 78 FR 21547...........  4.61 Eugene-Springfield
                                                                                                                              PM10 Limited Maintenance
                                                                                                                              Plan.
                                                                  4.62, 12/12/2012  4.62, 6/6/2016, 81 FR 36178............  4.62, Klamath Falls PM2.5
                                                                                                                              Attainment Plan.
                                                                   4.63, 4/16/2015  4.63, 7/28/2015, 80 FR 44867...........  4.63 Grants Pass Second 10-
                                                                                                                              Year Carbon Monoxide
                                                                                                                              Limited Maintenance Plan.
                                                                   4.64, 4/16/2015  4.64, 7/30/2015 80 FR 45435............  4.64 Grants Pass Second 10-
                                                                                                                              Year PM10 Limited
                                                                                                                              Maintenance Plan.
                                                                  4.65, 12/11/2015  4.65 7/20/2016, 81 FR 47032............  4.65 Medford Second 10-Year
                                                                                                                              Carbon Monoxide Limited
                                                                                                                              Maintenance Plan.
Section 5............................  Control Strategies for         5, 4/25/1986  5, 7/30/1991, 56 FR 36006..............
                                        Attainment and
                                        Nonattainment Areas.
                                                                    5.1, 1/14/1983  5.1, 5/18/1983, 48 FR 22298............  5.1 Statewide Control
                                                                                                                              Strategies for Lead.
                                                                     5.2, 5/3/2002  5.2, 3/15/2005, 70 FR 12587............  5.2 Visibility Protection
                                                                                                                              Plan.
                                                                    5.3, 4/25/1986  5.3, 7/30/1991, 56 FR 36006............  5.3 Prevention of
                                                                                                                              Significant Deterioration.
                                                                   5.4, 10/24/2003  5.4, 11/27/2004, 69 FR 67819...........  5.4 Motor Vehicle
                                                                                                                              Inspection and
                                                                                                                              Maintenance.
                                                                         12/9/2010  7/5/2011, 76 FR 38997..................  Oregon Regional Haze Plan--
                                                                                                                              Section 308.
Section 6............................  Ambient Air Quality                  1/1986  7/30/1991, 56 FR 36006.................  6.1 Air Monitoring Network.
                                        Monitoring Program.                                                                   6.2 Data Handling and
                                                                                                                              Analysis Procedures.
                                                                                                                              6.3 Episode Monitoring.
Section 7............................  Emergency Action Plan...             1/1986  7/30/1991, 56 FR 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 36006.................
                                        Reporting.
--------------------------------------------------------------------------------------------------------------------------------------------------------


                     Oregon Administrative Rules, Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                         State
         State citation            Title/subject    effective date      EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
                          Division 11--Rules of General Applicability and Organization
----------------------------------------------------------------------------------------------------------------
011-0005.......................  Definitions......        1/6/2014  10/23/2015, 80 FR 64346..
011-0009.......................  Incorporation of        3/20/2008  4/25/2013, 78 FR 24347...
                                  Attorney
                                  General's
                                  Uniform and
                                  Model Rules.
011-0010.......................  Notice of                1/6/2014  10/23/2015, 80 FR 64346..
                                  Rulemaking.
011-0024.......................  Rulemaking               1/6/2014  10/23/2015, 80 FR 64346..
                                  Process.
011-0029.......................  Policy on                1/6/2014  10/23/2015, 80 FR 64346..
                                  Disclosure of
                                  the Relationship
                                  Between Proposed
                                  Rules and
                                  Federal
                                  Requirements.

[[Page 777]]

 
011-0046.......................  Petition to              1/6/2014  10/23/2015, 80 FR 64346..
                                  Promulgate,
                                  Amend, or Repeal
                                  Rule: Content of
                                  Petition, Filing
                                  or Petition.
011-0053.......................  Periodic Rule            1/6/2014  10/23/2015, 80 FR 64346..
                                  Review.
011-0061.......................  Declaratory              1/6/2014  10/23/2015, 80 FR 64346..
                                  Ruling:
                                  Institution of
                                  Proceedings,
                                  Consideration of
                                  Petition and
                                  Disposition of
                                  Petition.
011-0310.......................  Purpose..........        1/6/2014  10/23/2015, 80 FR 64346..
011-0330.......................  Requests for             1/6/2014  10/23/2015, 80 FR 64346..
                                  Review or to
                                  Obtain Copies of
                                  Public Records.
011-0340.......................  Costs for Record         1/6/2014  10/23/2015, 80 FR 64346..
                                  Review and
                                  Copying.
011-0360.......................  Collecting Fees..        1/6/2014  10/23/2015, 80 FR 64346..
011-0370.......................  Certification of         1/6/2014  10/23/2015, 80 FR 64346..
                                  Copies of
                                  Records.
011-0380.......................  Fee Waivers and          1/6/2014  10/23/2015, 80 FR 64346..
                                  Reductions.
011-0390.......................  Exempt Records...        1/6/2014  10/23/2015, 80 FR 64346..
011-0500.......................  Contested Case           1/6/2014  10/23/2015, 80 FR 64346..
                                  Proceedings
                                  Generally.
011-0510.......................  Agency                   1/6/2014  10/23/2015, 80 FR 64346..
                                  Representation
                                  by Environmental
                                  Law Specialist.
011-0515.......................  Authorized               1/6/2014  10/23/2015, 80 FR 64346..
                                  Representative
                                  of a Participant
                                  other than a
                                  Natural Person
                                  in a Contested
                                  Case Hearing.
011-0520.......................  Liability for the        1/6/2014  10/23/2015, 80 FR 64346..
                                  Acts of a
                                  Person's
                                  Employees.
011-0525.......................  Service and              1/6/2014  10/23/2015, 80 FR 64346..
                                  Filing of
                                  Documents.
011-0530.......................  Requests for             1/6/2014  10/23/2015, 80 FR 64346..
                                  Hearing.
011-0535.......................  Final Orders by          1/6/2014  10/23/2015, 80 FR 64346..
                                  Default.
011-0540.......................  Consolidation or         1/6/2014  10/23/2015, 80 FR 64346..
                                  Bifurcation of
                                  Contested Case
                                  Hearings.
011-0545.......................  Burden and               1/6/2014  10/23/2015, 80 FR 64346..
                                  Standard of
                                  Proof in
                                  Contested Case
                                  Hearings; DEQ
                                  Interpretation
                                  of Rules and
                                  Statutory Terms.
011-0550.......................  Discovery........        1/6/2014  10/23/2015, 80 FR 64346..
011-0555.......................  Subpoenas........        1/6/2014  10/23/2015, 80 FR 64346..
011-0565.......................  Immediate Review.        1/6/2014  10/23/2015, 80 FR 64346..
011-0570.......................  Permissible Scope        1/6/2014  10/23/2015, 80 FR 64346..
                                  of Hearing.
011-0573.......................  Proposed Orders          1/6/2014  10/23/2015, 80 FR 64346..
                                  in Contested
                                  Cases.
011-0575.......................  Review of                1/6/2014  10/23/2015, 80 FR 64346..
                                  Proposed Orders
                                  in Contested
                                  Cases.
011-0580.......................  Petitions for            1/6/2014  10/23/2015, 80 FR 64346..
                                  Reconsideration
                                  or Rehearing.
011-0585.......................  Petitions for a          1/6/2014  10/23/2015, 80 FR 64346..
                                  Stay of the
                                  Effect of a
                                  Final Order.
----------------------------------------------------------------------------------------------------------------
                             Division 12--Enforcement Procedure and Civil Penalties
----------------------------------------------------------------------------------------------------------------
012-0026.......................  Policy...........        1/6/2014  10/23/2015, 80 FR 64346..
012-0027.......................  Rule Effective          3/26/2006  4/25/2013, 78 FR 24347...
                                  Date.
012-0028.......................  Scope of                 1/6/2014  10/23/2015, 80 FR 64346..
                                  Applicability.
012-0030.......................  Definitions......        1/6/2014  10/23/2015, 80 FR 64346..
012-0038.......................  Warning Letters,         1/6/2014  10/23/2015, 80 FR 64346..
                                  Pre-Enforcement
                                  Notices and
                                  Notices of
                                  Permit Violation.
012-0041.......................  Formal                   1/6/2014  10/23/2015, 80 FR 64346..
                                  Enforcement
                                  Actions.
012-0042.......................  Determination of        5/13/2005  4/25/2013, 78 FR 24347...
                                  Base Penalty.
012-0045.......................  Civil Penalty            1/6/2014  10/23/2015, 80 FR 64346..
                                  Determination
                                  Procedure.
012-0053.......................  Classification of        1/6/2014  10/23/2015, 80 FR 64346..
                                  Violations that
                                  Apply to all
                                  Programs.
012-0054.......................  Air Quality              1/6/2014  10/23/2015, 80 FR 64346..
                                  Classification
                                  of Violations.
012-0073.......................  Environmental           3/26/2006  4/25/2013, 78 FR 24347...
                                  Cleanup
                                  Classification
                                  of Violation.
012-0082.......................  Contingency             3/26/2006  4/25/2013, 78 FR 24347...
                                  Planning
                                  Classification
                                  of Violations.
012-0130.......................  Determination of         1/6/2014  10/23/2015, 80 FR 64346..
                                  Violation
                                  Magnitude.

[[Page 778]]

 
012-0135.......................  Selected                 1/6/2014  10/23/2015, 80 FR 64346..
                                  Magnitude
                                  Categories.
012-0140.......................  Determination of         1/6/2014  10/23/2015, 80 FR 64346..
                                  Base Penalty.
012-0145.......................  Determination of         1/6/2014  10/23/2015, 80 FR 64346..
                                  Aggravating or
                                  Mitigating
                                  Factors.
012-0150.......................  Determination of         1/6/2014  10/23/2015, 80 FR 64346..
                                  Economic Benefit.
012-0155.......................  Additional or            1/6/2014  10/23/2015, 80 FR 64346..
                                  Alternate Civil
                                  Penalties.
012-0160.......................  DEQ Discretion           1/6/2014  10/23/2015, 80 FR 64346..
                                  Regarding
                                  Penalty
                                  Assessment.
012-0162.......................  Inability to Pay         1/6/2014  10/23/2015, 80 FR 64346..
                                  the Penalty.
012-0165.......................  Stipulated               1/6/2014  10/23/2015, 80 FR 64346..
                                  Penalties.
012-0170.......................  Compromise or            1/6/2014  10/23/2015, 80 FR 64346..
                                  Settlement of
                                  Civil Penalty by
                                  DEQ.
----------------------------------------------------------------------------------------------------------------
                         Division 200--General Air Pollution Procedures and Definitions.
----------------------------------------------------------------------------------------------------------------
                                              Conflicts of Interest
----------------------------------------------------------------------------------------------------------------
200-0100.......................  Conflicts of             7/1/2001  1/22/2003, 68 FR 2891....
                                  Interest.
200-0110.......................  Conflicts of             7/1/2001  1/22/2003, 68 FR 2891....
                                  Interest.
200-0120.......................  Conflicts of             7/1/2001  1/22/2003, 68 FR 2891....
                                  Interest.
----------------------------------------------------------------------------------------------------------------
       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 2891....
                                  Woodheating--Civ
                                  il 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 35163...
 County.
Codified Ordinances of Jackson   1810.99..........      10/29/2003  6/19/2006, 71 FR 35163...
 County.
Code of the City of Medford,     7.226............      11/20/1989  6/19/2006, 71 FR 35163...
 Oregon.
Code of the City of Medford,     7.300............        4/6/2000  6/19/2006, 71 FR 35163...
 Oregon.
City of Central Point Municipal  8.04.100.........            1966  6/19/2006, 71 FR 35163...
 Code.
City of Central Point Municipal  8.04.110.........            1966  6/19/2006, 71 FR 35163...
 Code.
City of Central Point Municipal  8.04.120.........            1966  6/19/2006, 71 FR 35163...
 Code.
City of Central Point Municipal  8.04.130.........            1966  6/19/2006, 71 FR 35163...
 Code.
City of Central Point Municipal  8.04.140.........            1966  6/19/2006, 71 FR 35163...
 Code.
City of Central Point Municipal  8.04.150.........            1995  6/19/2006, 71 FR 35163...
 Code.
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 55112...
                                  Guidance for the
                                  Oregon Smoke
                                  Management
                                  Program.
----------------------------------------------------------------------------------------------------------------


[[Page 779]]


                                              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 31654.....  Volumes 1 and 2,
                                                                                               Adopted by Oregon
                                                                                               Environmental
                                                                                               Quality
                                                                                               Commission.
Continuous Monitoring Manual....       1/23/1992        2/4/1992  6/4/1993, 58 FR 31654.....  Adopted by Oregon
                                                                                               Environmental
                                                                                               Quality
                                                                                               Commission.
----------------------------------------------------------------------------------------------------------------


                                             Supplementary Documents
----------------------------------------------------------------------------------------------------------------
                                                         State
         State citation            Title/subject    effective date      EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
Oregon SIP Volume 2, Section     Test Procedures        10/24/2003  11/22/2004, 69 FR 67819..
 5.4.                             and Standards.
----------------------------------------------------------------------------------------------------------------


[78 FR 74015, Dec. 10, 2013, as amended at 79 FR 29360, May 22, 2014; 79 
FR 35694, June 24, 2014; 80 FR 51472, Aug. 25, 2015; 80 FR 44867, July 
28, 2015; 80 FR 45435, July 30, 2015; 80 FR 64350, Oct. 23, 2015; 80 FR 
65659, Oct. 27, 2015; 81 FR 36178, June 6, 2016; 81 FR 47032, July 20, 
2016; 81 FR 72716, Oct. 21, 2016]



Sec. 52.1971  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Portland Interstate.......................................           I         IA       III         I          I
Southwest Oregon Intrastate...............................          II        III       III       III        III
Northwest Oregon Intrastate...............................         III        III       III       III        III
Central Oregon Intrastate.................................          II        III       III       III        III
Eastern Oregon Intrastate.................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10888, May 31, 1972, as amended at 45 FR 42278, June 24, 1980]



Sec. 52.1972  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Oregon's plan for the attainment and maintenancce of the 
national standards under section 110 of the Clean Air Act.

[65 FR 29958, May 10, 2000]



Sec. 52.1973  Approval of plans.

    (a) Carbon monoxide. (1) EPA approves as a revision to the Oregon 
State Implementation Plan, the Second Portland Area Carbon Monoxide 
Maintenance Plan, effective December 15, 2004, and submitted to EPA on 
December 27, 2004.
    (2) EPA approves as a revision to the Oregon State Implementation 
Plan, the Salem carbon monoxide maintenance plan submitted to EPA on 
August 9, 2007.
    (b) Lead. [Reserved]
    (c) Nitrogen Dioxide. [Reserved]
    (d) Ozone. (1) EPA approves as a revision to the Oregon State 
Implementation Plan, the section 110(a)(1) ozone maintenance plans for 
Portland and Salem, submitted to EPA on May 22, 2007.
    (2) [Reserved]
    (e) Particulate Matter.
    (1) EPA approves as a revision to the Oregon State Implementation 
Plan, the Klamath Falls PM-10 maintenance plan submitted to EPA on 
November 4, 2002.
    (2) EPA approves as a revision to the Oregon State Implementation 
Plan, the Grants Pass PM-10 maintenance plan submitted to EPA on 
November 4, 2002.
    (3) EPA approves as a revision to the Oregon State Implementation 
Plan, the La Grande PM10 maintenance plan

[[Page 780]]

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, 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.

[[Page 781]]

    (5) Compliance schedules submitted on May 30, 1973, by the 
Department of Environmental Quality.
    (6) Compliance schedules submitted on June 8, 1973, by the 
Department of Environmental Quality.
    (7) Compliance schedules submitted on June 22, 1973, by the 
Department of Environmental Quality.
    (8) Compliance schedules submitted on June 25, 1973, by the 
Department of Environmental Quality.
    (9) Compliance schedules submitted on July 31, 1973, by the 
Department of Environmental Quality.
    (10) Compliance schedules submitted on August 3, 1973, by the 
Department of Environmental Quality.
    (11) Request for an extension to May 31, 1976, of the attainment 
date for carbon monoxide and photochemical oxidants and miscellaneous 
additions (Nonregulatory) to the transportation control plan submitted 
on September 21, 1973, by the Governor.
    (12) Miscellaneous additions (Nonregulatory) to the transportation 
control plan submitted on August 20, 1973, by the Department of 
Environmental Quality.
    (13) Plan for maintenance of the national standards submitted on 
August 27, 1973, by the Department of Environmental Quality.
    (14) Revision to Oregon Administrative Rules (OAR) Chapter 340, 
sections 25-105 through 25-130,--Hot Mix Asphalt Plans and sections 25-
155 through 25-195 Kraft Pulp Mills submitted on February 8, 1973, by 
the Department of Environmental Quality.
    (15) Change to regulations for the Lane Regional Air Pollution 
Authority submitted on February 13, 1973, by the Department of 
Environmental Quality.
    (16) Special air pollution control rules for Clackamas, Columbia, 
Multnomah and Washington Counties and certification of the dissolution 
of regulations for the Columbia-Willamette Air Pollution Authority 
submitted on January 17, 1974, by the Department of Environmental 
Quality.
    (17) Revision to Oregon Administrative Rules (OAR) Chapter 340, 
sections 12-030 through 12-055 Civil Penalties submitted on February 19, 
1975, by the Department of Environmental Quality.
    (18) Oregon Revised Statute 468.095 for public availability of 
emission data submitted on August 1, 1975, by the Department of 
Environmental Quality.
    (19) Indirect Source Regulation (OAR, Chapter 340 sections 20-100 
through 20-135) submitted on July 24, 1975, by the Department of 
Environmental Quality.
    (20) Indirect Source Regulation (Title 20--Indirect Sources), of the 
Lane Regional Air Pollution Authority Rules and Regulations, submitted 
November 18, 1975 by the Department of Environmental Quality.
    (21) Air Contaminant Discharge Permits (Oregon Administrative Rules 
340-20-140 through 340-20-185) submitted February 17, 1976.
    (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.

[[Page 782]]

    (30) On February 14, 1980, the State Department of Environmental 
Quality submitted its official response to EPA's proposed SIP actions 
which were published in the Federal Register on January 21, 1980 (45 FR 
3929).
    (31) On May 6, 1980, the State Department of Environmental Quality 
submitted recodified portions of Oregon Revised Statutes (ORS) 449 which 
authorize Oregon's automobile inspection/maintenance program. This 
submittal, requested by EPA, included chapters ORS 468.360 through 
468.420, 481.190, 481.200, 483.800, 483.820, and 483.825.
    (32) Revisions to the program for controlling the open burning of 
grass seed fields submitted on April 22, 1980, by the Department of 
Environmental Quality.
    (33) Oregon Administrative Rules (OAR) Chapter 340, sections 24-300 
through 24-350 for the vehicle inspection and maintenance program, 
submitted on July 26, 1980, by the Oregon Department of Environmental 
Quality.
    (34) On December 27, 1979, the State of Oregon Department of 
Environmental Quality submitted a plan revision to meet the requirements 
of Air Quality Monitoring 40 CFR part 58, subpart C Sec. 58.20.
    (35) On December 31, 1980, the State Department of Environmental 
Quality submitted an Oregon Air Containment Discharge Permit No. 36-6041 
Addendum No. 1 issued to Spaulding Pulp and Paper Company on December 
11, 1980; Oregon Air Discharge Containment Discharge Permit No. 26-3025, 
issued to Industrial Laundry Dry Cleaners, Inc., on December 1980 and 
Oregon Environmental Quality Commission Stipulation and Consent Final 
Order concerning Vanply, Inc., dated December 30, 1980.
    (36) On September 8, October 16, December 5, December 19, 1980, May 
29, 1981 and September 9, 1981, DEQ submitted revisions to the SIP 
designed to satisfy the conditions of approval published by EPA on June 
24, 1980 (45 FR 42265).
    (37) Specific air pollution control rules for the Medford AQMA (OAR 
340-30-005 through 340-30-070) submitted by the Department of 
Environmental Quality on May 26, 1978, and revisions submitted by the 
Department of Environmental Quality on February 14, 1980 (OAR-340-010 
and 340-30-020), October 29, 1980 (OAR 340-30-016, 340-30-035 and 340-
30-045), May 22, 1981 (OAR 340-30-010, 340-30-030 and 340-30-045) and 
September 9, 1981 (OAR 340-30-060).
    (38) Revisions to the Lane Regional Air Pollution Authority rules 
submitted by the Department of Environmental Quality on March 14, 1977 
(Title 22, Sections 010 and 020 and Table A), June 29, 1979 (Title 11, 
Section 015; Title 12, Sections 005 and 010; Title 13; Title 20, 
Sections 110, 115, 120, 125, 129 and 130; Title 21, Sections 010 and 
030; Title 32, Sections 005 and 010; Title 33, Sections 005, 010, 015 
and 065; Title 36; Title 42; Title 43; Title 44; and Title 45), 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

[[Page 783]]

Portland secondary total suspended particulates nonattainment area.
    (46) On March 23, 1981, the State Department of Environmental 
Quality submitted control strategies for the Eugene-Springfield 
secondary total suspended particulates nonattainment area.
    (47) On October 16, 1980, the State Department of Environmental 
Quality submitted revisions to the control strategies for the Salem 
ozone nonattainment area.
    (48) On August 17, 1981, the State Department of Environmental 
Quality submitted amendments to the operating rules for the Portland 
motor vehicle inspection program (OAR 340-24-300 through 350).
    (49) On March 11, 1982, the State of Oregon Department of 
Environmental Quality submitted three revisions to the Lane Regional Air 
Pollution Authority rules. They are:
    (i) Title 11 Definitions (Section 015.013, Air Conveying Systems),
    (ii) Title 22 Permits (Section 020, Fees),
    (iii) Title 32 Emission Standards (Section 800, Air Conveying 
System).
    (50) On March 11, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to their State ambient air 
quality standard for ozone (from 0.08 ppm to 0.12 ppm.
    (51) Amendments to the Air Contaminant Discharge Permit Rules 
submitted by the State Department of Environmental Quality on February 
15, 1977 (OAR 340-20-140 through 185), July 24, 1979 (OAR 340-20-155 
Table A, 165, 175 and 180) and May 22, 1981 (OAR 340-20-155 Table A).
    (52) Prevention of Significant Deterioration Rules (OAR 340-31-100, 
105 subsections (12), (15) and (16), 110, 115, 120 and 130) submitted by 
the State Department of Environmental Quality on June 20, 1979, and 
September 9, 1981.
    (53) New Source Review Rules (OAR 340-20-220 to 275, except Section 
225 subsections 7 and 11), except to the extent that they apply to 
marine vessel emissions, submitted by the State Department of 
Environmental Quality on September 9, 1981, and deletion of Special 
Permit Requirements for Sources Locating In or Near Nonattainment Areas 
(OAR 340-20-190 through 195).
    (54) Plant Site Emission Limit Rules (OAR 340-20-300 through 320) 
submitted by the State Department of Environmental Quality on September 
9, 1981, and deletion of the Plant Site Emission Limit Rules (OAR 340-
20-196 and 197).
    (55) On July 20, 1982, the State of Oregon Department of 
Environmental Quality submitted: (i) Carbon monoxide (CO) and ozone 
(O3) attainment plans for Portland which build upon those 
plans submitted in June 1979 and (ii) a request to extend the Portland 
CO and O3 attainment dates to December 31, 1985, and December 
31, 1987, respectively.
    (56) On August 9, 1982, the State of Oregon Department of 
Environmental Quality submitted a revision to remove 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:

[[Page 784]]

(1) Title 32, Emission Standards (Section 800, Air Conveying Systems)--
revision to compliance date and (2) Title 33, Prohibited Practices and 
Control of Special Classes (Section 070, Kraft Pulp Mills)--new rules.
    (62) Title 22 ``PERMITS'' of the Lane Regional Air Pollution 
Authority Rules, except to the extent that they apply to marine vessel 
emissions and except the definitions of ``dispersion technique'' and 
``good engineering practice stack height'', and Title 32 ``EMISSION 
STANDARDS'' Sections 32-100 through 32-104 of the Lane Regional 
Authority Rules, submitted by the State Department of Environmental 
Quality on March 2, 1983; clarifying letter dated June 20, 1984.
    (63) On May 6, 1983, the Oregon Department of Environmental Quality 
submitted revisions to its rules as follows:
    (A) Revisions to the ``New Source Review'' rule consisting of an 
amended section OAR 340-20-225, specifically, the deletion of the 
definitions of ``Dispersion Technique'' (OAR 340-20-225(7)) and ``Good 
Engineering Practice Stack Height'' (OAR 340-20-225(11)), the 
renumbering of OAR 340-20-225, the revision of the definition of 
``Nonattainment Area'' (OAR 340-20-225(14)), and changes to numerous 
references to coincide with the new numbering; the deletion of 
subsection OAR 340-20-240(7) ``Growth Increments'' and the addition of a 
new section OAR 340-20-241 ``Growth Increments;'' an amended section OAR 
340-20-245, specifically, revised subsections OAR 340-20-245(2)(c) and 
OAR 340-20-245(4), and changes to numerous references to coincide with 
the new numbering of the definitions in OAR 340-20-225; and amendment to 
subsection )AR 340-20-260(2); a revised reference in OAR 340-20-265(6) 
to coincide with the new numbering of a definition; and the deletion of 
section OAR 340-20-275 ``Stack Heights''.
    (B) The addition of a new ``Stack Heights and Dispersion 
Techniques'' rule (OAR 340-20-340 and 345);
    (C) Revisions to the ``Portable Hot Mix Asphalt Plants'' rule (OAR 
340-25-120; and
    (D) The deletion of OAR 340-22-108 ``Applicability of Alternative 
Control Systems.''
    (64) Amendments to the fees in the ``Air Contaminant Discharge 
Permit'' rule (OAR 340-20-155 Table 1 and OAR 340-20-165) submitted by 
the Oregon Department of Environmental Quality on June 3, 1983.
    (65) On October 26, 1983, and December 14, 1983, the State of Oregon 
Department of Environmental Quality submitted four separate revisions to 
their plan. On October 26, 1983, the State submitted a revised air 
emergency episode plan (OAR 340-27-005 through 340-27-030 (effective 
October 7, 1983), revisions to gasoline marketing rules for the Medford-
Ashland ozone nonattainment area (OAR 340-22-110(1)(a), effective 
October 7, 1983, and a revised ozone ambient air quality standard for 
the Lane Regional Air Pollution Authority (Section 31-035 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-

[[Page 785]]

21-001, 340-26-003, 340-26-031, 340-26-035, 340-26-040 and 340-21-045, 
revisions to sections 340-26-005, 340-26-013, 340-26-015, 340-26-010 and 
replacing it with a new section 340-26-010, the deletion of the existing 
section 340-26-011 and 340-26-020, were submitted by the State 
Department of Environmental Quality on March 14, 1984.
    (70) On December 10, 1984, the Oregon Department of Environmental 
Quality submitted revisions to its Civil Penalty Rules (OAR 340-12) 
which deleted Sections 005 through 025 and 052 through 068; amended 
Sections 030, 040 and 050; and added Sections 070 and 075. Sections 035 
and 045 were retained.
    (71) Revisions to the Oregon State Implementation Plan were 
submitted by the Director on July 26, 1984, and August 7, 1984. 
Revisions are woodstove certification program rules (OAR 340-21-100 to 
340-21-190), Oregon Revised Statutes 468.630 to 468.655 and amendment to 
field burning introduction (OAR 340-26-001) and repeal the field burning 
rules relating to tax credits (OAR 340-26-030).
    (i) Incorporation by reference:
    (A) Woodstove certification program rules (OAR 340-21-100 to 340-21-
190) as published in the Oregon Administrative Rules, November 1984.
    (B) The Oregon Revised Statutes 468.630 to 468.655 as signed by the 
Governor on July 5, 1984.
    (C) Amendment to the field burning rule introduction (OAR 340-60-
001) as adopted by the Oregon Environmental Commission on June 29, 1984.
    (72) Revisions to the Oregon SIP were submitted by the Director on 
May 6, 1985. Revisions are: Definitions to the Vehicle Inspection 
Operating Rules (OAR 340-24-305 (20) and (22)) and the Light Duty Motor 
Vehicle Emission Control Test Method (OAR 340-24-310 through 350 as 
amended).
    (i) Incorporation by reference.
    (A) Amendments to OAR (340-24-305 (20) and (22)) as adopted by the 
Environmental Quality Commission on November 2, 1984.
    (B) Amendments to OAR 340-24-310 through 350 as amended as adopted 
by the Environmental Quality Commission on April 19, 1985.
    (73) Amendments to the Lane Regional Air Pollution Authority Rules 
for Air Conveying Systems (Title 32, section 800) were submitted by the 
State Department of Environmental Quality on May 6, 1985.
    (i) Incorporation by reference.
    (A) Letter of May 6, 1985, to EPA from the Oregon Department of 
Environmental Quality, and Amendments to Title 32, section 800 of the 
Lane Regional Air Pollution Authority (LRAPA) as part of the Oregon 
State Implementation Plan. Revisions were approved at the LRAPA Board of 
Directors meeting on January 8, 1985, and approved by the Environmental 
Quality Commission on April 19, 1985.
    (74) On September 25, 1984, the State of Oregon Department of 
Environmental Quality submitted an amendment to OAR 340-20-047, 
specifically 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

[[Page 786]]

Areas (Prevention of Significant Deterioration),'' subsection (5) ``Air 
Quality Monitoring,'' paragraph (a) as amended;
    (5) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (7) ``Sources Impacting Class I areas'' as amended.
    (B) Letter of October 22, 1985, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on September 27, 1985, as follows:
    (1) OAR 340-20-245 ``Requirements for Sources in Attainment or 
Unclassified Areas (Prevention of Significant Deterioration),'' 
subsection (3) ``Exemption for Sources Not Significantly Impacting 
Designated Nonattainment Areas,'' paragraph (a) as amended.
    (C) Letter of March 19, 1986, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, adopted by the 
Environmental Quality Commission on November 22, 1985, as follows:
    (1) OAR-340-20-276 ``Visibility Impact'' as amended.
    (75) A revision to the Oregon State Implementation Plan was 
submitted by the Director of Department of Environmental Quality (DEQ) 
on October 9, 1985, and supplemented with technical appendices on 
February 13, 1986. This revision adds a mandatory vehicle Inspection and 
Maintenance (I/M) program to the existing Medford Carbon Monoxide plan, 
modifies the Oregon I/M regulations for underhood inspections by 
eliminating tampering checks of 1974 and older model vehicles and 
removes the existing section 110(a)(2)(I) construction moratorium.
    (i) Incorporation by reference.
    (A) A letter dated October 9, 1985, from Department of Environmental 
Quality to EPA Region 10.
    (B) A letter dated February 13, 1986, from Department of 
Environmental Quality to EPA Region 10.
    (C) OAR 340-24-301 (Boundary Designations), OAR 340-24-320 (Light 
Duty Motor Vehicle Emission Control Test Criteria), and OAR 340-24-325 
(Heavy Duty Motor Vehicle Emission Control Test Criteria), which were 
adopted by the Environmental Quality Commission on September 27, 1985.
    (D) October 20, 1982 letter to EPA from the Department of 
Environmental Quality and section 4.9.3.2 (Emission Reduction Necessary 
for Attainment) of the Control Strategy for Medford-Ashland Air Quality 
Maintenance Area 1982 State Implementation Plan Revision for Carbon 
Monoxide as adopted by the Environmental Quality Commission on October 
15, 1982.
    (E) Section 4.9.5.1 (Reasonable Further Progress) of the Control 
Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State 
Implementation Plan Revision for Carbon Monoxide as adopted by the 
Environmental 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

[[Page 787]]

EPA to redesignate the Medford-Ashland Air Quality Maintenance Area 
(AQMA) from nonattainment to attainment for the primary O3 
standard and a plan to maintain that standard.
    (i) Incorporation by reference:
    (A) Letter of February 28, 1985, from Oregon State Department of 
Environmental Quality to EPA Region 10.
    (B) Oregon Administrative Rules, Chapter 340, Division 20, Section 
4.8 ``Medford-Ashland Air Quality Maintenance Area Plan for Maintenance 
of Ozone Standard,'' adopted by the Oregon Environmental Quality 
Commission on January 25, 1985.
    (78) On May 30, 1986, the State of Oregon Department of 
Environmental Quality submitted a new rule, OAR 340-20-037 ``Stack 
Heights and Dispersion Techniques'' and requested the deletion of the 
existing rules, OAR 340-20-340 and 345 ``Stack Heights and Dispersion 
Techniques''. On October 23, 1987, the State of Oregon Department of 
Environmental Quality submitted a letter indicating how this new rule 
will be implemented until a definition of the terms ``emission 
limitation'' and ``emission stan
    (i) Incorporation by reference.
    (A) Letter of May 30, 1986, from the Oregon State Department of 
Environmental Quality to EPA Region 10. Revisions to the Oregon 
Administrative Rules, Chapter 340, Division 20, Section 037 ``Stack 
Heights and Dispersion Techniques'', adopted by the Environmental 
Quality Commission on April 25, 1986.
    (B) Letter of October 23, 1987, from the Oregon State Department of 
Environmental Quality to EPA Region 10.
    (79) Revisions to the Oregon State Implementation Plan were 
submitted by the Director of the Department of Environmental Quality of 
October 15, 1986. Revisions are: OAR 340-24-330 (Light Duty Motor 
Vehicle Emission Control Cutpoints or Standards) and OAR 340-24-335 
(Heavy Duty Gasoline Motor Vehicle Emission Control Emission Standards).
    (i) Incorporation by reference.
    (A) Letter dated October 15, 1986 from the Director of the 
Department of Environmental Quality to EPA Region 10.
    (B) OAR 340-24-330 (Light Duty Motor Vehicle Emission Control 
Cutpoints or Standards) as adopted by the Environmental Quality 
Commission on September 12, 1986.
    (C) OAR 340-24-335 (Heavy Duty Gasoline Motor Vehicle Emission 
Control Emission Standards) as adopted by the Environmental Quality 
Commission on September 12, 1986.
    (80) On May 23, 1986, the State of Oregon Department of 
Environmental Quality submitted a new paragraph (12), of OAR 340-20-165 
``Fees'', as a revision to the State Implementation Plan. This paragraph 
allows regional air pollution authorities to set a permit fee schedule 
for sources within their jurisdiction.
    (i) Incorporation by reference.
    (A) Letter dated May 23, 1986, from the State of Oregon Department 
of Environmental Quality to EPA Region 10. 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.

[[Page 788]]

    (B) State of Oregon Clean Air Act Implementation Plan Section 4.11 
Grants Pass Carbon Monoxide Control Strategy as adopted by the 
Environmental Quality Commission on October 24, 1986.
    (ii) Additional information.
    (A) Letter dated January 8, 1987, from the Director of the 
Department of Environmental Quality to EPA Region X.
    (B) Technical appendices for the Grants Pass Carbon Monoxide Control 
Strategy, Appendix 4.11.1 through 10.
    (83) On March 3, 1987, the Director of the Department of 
Environmental Quality submitted amendments to the Oregon visibility 
protection program as a revisions to the Oregon state implementation 
plan, specifically OAR 340-20-047, section 5.2 ``Visibility Protection 
Plan for Class I Areas,'' OAR 629-43-043 ``Smoke Management Plan,'' and 
Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke 
Management Program.''
    (i) Incorporation by reference.
    (A) Two letters dated March 3, 1987, from the Director of the 
Department of Environmental Quality to EPA Region 10 establishing the 
effective dates for Oregon Administrative Rules referenced in paragraphs 
(c)(83)(i) (B), (C), and (D) of this section.
    (B) Oregon Administrative Rule, Chapter 340, Division 20, section 
047, section 5.2 ``Visibility Protection Plan for Class I Areas'' as 
adopted by the Environmental Quality Commission on October 24, 1986.
    (C) Oregon Administrative Rule, Chapter 629, Division 43, section 
043 ``Smoke Management Plan'' as adopted by the Environmental Quality 
Commission on December 12, 1986.
    (D) Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke 
Management Program'' as adopted by the Environmental Quality Commission 
on December 12, 1986.
    (84) On September 28, 1988, the Director of the Department of 
Environmental Quality submitted the Lane Regional Air Pollution 
Authority Section 12-025 ``Conflict of Interest,'' of Title 12, ``Duties 
and Powers of Board and Director,'' adopted as Oregon Administrative 
Rules, Chapter 340, Division 20, Section 047, as a revision to the State 
implementation plan.
    (1) Incorporation by reference.
    (i) September 28, 1988, letter from the Director of the Department 
of Environmental Quality to EPA Region 10.
    (ii) Lane Regional Air Pollution Authority Section 12-025 ``Conflict 
of Interest,'' of Title 12, ``Duties and Powers of Board and Director,'' 
as adopted as Oregon Administrative Rules, Chapter 340, Division 20, 
Section 047. This rule was adopted by the Environmental Quality 
Commission on September 9, 1988.
    (85) On February 17, 1989, the State of Oregon Department of 
Environmental Quality submitted amendments to the Procedures for 
Issuance, Denial, Modification, and Revocation of Permits (OAR 340-14-
007, 010, 020 (and 025), Air Contaminant Discharge Permit Notice Policy 
(OAR 340-20-150), and the New 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

[[Page 789]]

through 350 (Vehicle Inspection Program Operating Rules, Test Procedures 
and Licensed Exhaust Analyzer).
    (i) Incorporation by reference.
    (A) Letter dated February 24, 1989, from the Director of the 
Department of Environmental Quality to EPA Region 10.
    (B) OAR 340-24-301 [Boundary Designations] (2); OAR 340-24-310 
[Light Duty Motor Vehicle Emission Control Test Method] (6); OAR 340-24-
320 (Light Duty Motor Vehicle Emission Control Test Criteria) (3)(a) 
introductory text, (3)(b)(4), (5), and (6)(a); OAR 340-24-325 [Heavy 
Duty Gasoline Motor Vehicle Emission Control Test Criteria] (3)(a) 
introductory text, (4), and (5); OAR 340-24-330 (Light Duty Motor 
Vehicle Emission Control Cutpoints or Standards) (3); and OAR 340-24-350 
(Gas Analytical System Licensing Criteria) (1)(a)(C), (1)(a)(E), and 
(1)(c) as adopted by the Environmental Quality Commission on September 
9, 1988.
    (87) On May 30, 1986, the Director of the Department of 
Environmental Quality submitted revisions to Volume 2 ``The Federal 
Clean Air Act Implementation Plan (and Other State Regulations)'' and on 
July 11, 1986, a revised Section 3 ``Statewide Regulatory Provisions'' 
`Subsection 3.1 Oregon Administrative Rule--Chapter 340' (OAR 340-30-
015, 030, 031, 040, and 055) as revisions to the Oregon State 
Implementation Plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) July 11, 1986, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (C) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations)'' Section 1 (Introduction); Section 2 (General 
Administration); Section 3 (Statewide Regulatory Provisions) 
Introduction; Section 4 (Control Strategies for Nonattainment Areas) 
Introduction; Section 5 (Control Strategies for Attainment and 
Nonattainment Areas) Introduction and Section 5.2 (Prevention of 
Significant Deterioration); Section 6 (Ambient Air Quality Monitoring 
Program); Section 8 (Public Involvement); and Section 9 (Plan Revisions 
and Reporting), dated January 1986, as adopted by the Environmental 
Quality Commission on April 25, 1986.
    (D) Volume 2 ``The Federal Clean Air Act Implementation Plan (and 
Other State Regulations),'' Section 3 (Statewide Regulatory Provisions), 
Subsection 3.1 Oregon Administrative Rule--Chapter 340 (OAR 340-14-005 
to 050 [Procedures for Issuance, Denial, Modification, and Revocation of 
Permits] dated 10-1-89, OAR 340-20-046 [Records; Maintaining and 
Reporting] effective 10-1-72, OAR 340-20-047 [State of Oregon Clean Air 
Act Implementation Plan] effective 9-30-85, OAR 340-30-015 [Wood Waste 
Boilers] effective 10-29-80, and OAR 340-31-105 [Definitions]) effective 
9-8-81.
    (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 D323 
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

[[Page 790]]

EPA Region 10. (B) Oregon Administrative Rule, chapter 340, Division 22 
(General Gaseous Emissions), section 300 (standard for Automotive 
Gasoline) as adopted by the Environmental Quality Commission on June 2, 
1989.
    (89) On January 2, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (the Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: OAR chapter 
340, Division 20, Sections 350 to 380 (Excess Emissions). The Department 
of Environmental Quality also repealed OAR 340-21-070 and OAR 340-21-075 
from the state of Oregon's Air Quality Control Plan Volume 2.
    (i) Incorporation by reference.
    (A) January 2, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (General); 
-350 (Purpose and Applicability); -355 (Definitions); -360 (Planned 
Startup and Shutdown); -365 (Scheduled Maintenance); -370 (Upsets and 
Breakdowns); -375 (Reporting Requirements); and -380 (Enforcement Action 
Criteria) as adopted by the Environmental Quality Commission on may 25, 
1990, and were effective on January 2, 1991.
    (90) On January 14, 1991, the State of Oregon Department of 
Environmental Quality submitted amendments to the Parking Offsets in the 
Portland Central business District (OAR-340-20-405 through 340-20-430) 
in the State of Oregon Air Quality Control Program.
    (i) Incorporation by reference.
    (A) Letter dated January 4, 1991, from the Director of the 
Department of Environmental Quality to EPA Region 10 submitting an 
amendment to the Oregon Implementation Plan.
    (B) Oregon Administrative Rules Chapter 340, Division 20 (Air 
Pollution) Control), section 405 through 430 (Parking Offsets in the 
Portland Central Business district). These rules were adopted by the 
Environmental Quality Commission on December 14, 1990.
    (91) On September 14, 1989, the State of Oregon Department of 
Environmental Quality submitted an amendment to the rules for Notice of 
Construction and Approval of Plans (OAR-340-20-030).
    (i) Incorporation by reference.
    (A) September 14, 1989, letter from the Director of the Department 
of Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) Oregon Administrative Rules, Chapter 340, Division 20 (Air 
Pollution Control, Notice of Construction and Approval of Plans) Section 
-030 (Procedure), (4)(a) as adopted by the Environmental Quality 
Commission on April 14, 1989.
    (92) On November 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (the Federal Clean Air Act State 
Implementation Plan and 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

[[Page 791]]

Laboratory Inspection and Stove Testing Proficiency Demonstration); -105 
(Accreditation Application Deficiency, Notification and Resolution); -
110 (Final Department Administrative Review and Certificate of 
Accreditation); -115 (Revocation and Appeals); -150 (Applicability); -
155 (Determination of Air Stagnation Conditions); -160 (Prohibition on 
Woodburning During Periods of Air Stagnation); -165 (Public Information 
Program); -170 (Enforcement); -175 (Suspension of Department Program); -
200 (Applicability); -205 (Removal and Destruction of Uncertified Stove 
Upon Sale of Home); -210 (Home Seller's Responsibility to Verify Stove 
Destruction); -215 (Home Seller's Responsibility to Disclose) as adopted 
by the Environmental Quality Commission on November 8, 1991 and 
effective on November 13, 1991.
    (C) Oregon Administrative Rules, Chapter 340, Division 23 (Rules for 
Open Burning), section -030 (Definitions); -043 (Open Burning Schedule); 
and -090 (Coos, Douglas, Jackson and Josephine Counties) as adopted by 
the Environmental Quality Commission on November 8, 1991 and effective 
on November 13, 1991.
    (93) On November 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air Act State 
Implementation Plan and other State Regulations) as follows: Division 
21--General Emission Standards for Particulate Matter in Chapter 340 
which contains OAR 340-21-200 to -245.
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon State implementation plan.
    (B) Oregon Administrative Rules, chapter 340, Division 21 (General 
Emission Standards for Particulate Matter) section Industrial 
Contingency Requirements for PM-10 Nonattainment Areas; -200 (Purpose); 
-205 (Relation to Other Rules); -210 (Applicability); -215 
(Definitions); -220 (Compliance Schedule for Existing Sources); -225 
(Wood-Waste Boilers); -230 (Wood Particulate Dryers at Particleboard 
Plants); -235 (Hardboard Manufacturing Plants) -240 (Air Conveying 
Systems); and -245 (Fugitive Emissions) as adopted by the Environmental 
Quality Commission on November 8, 1991 and effective on November 13, 
1991.
    (94) On May 30, 1986, and on November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to State of 
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act 
State Implementation Plan and other State Regulations) as follows: 
Division 25--Board Products Industries in OAR Chapter 340 which contains 
OAR 340-25-305 to 315.
    (i) Incorporation by reference.
    (A) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (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.

[[Page 792]]

    (96) On May 30, 1986, December 5, 1986, May 8, 1987, March 3, 1989, 
March 12, 1990, June 8, 1990, and November 15, 1991, the Director of the 
Department of Environmental Quality submitted revisions to the State of 
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State 
Implementation Plan and Other State Regulations). The revisions updated 
the Lane Regional Air Pollution Authority rules by adding new Titles 12, 
14, 34, 38, and 47; revising existing Titles 11, 12, 15 (previously 
Title 13), 32, 33, 50 (previously Title 31), and 51; rescinding existing 
Titles 21, 22, and 36; and removing existing Titles 20, 42, 44, and 45 
from the EPA-approved state implementation plan.
    (i) Incorporation by reference.
    (A) May 30, 1986, letter from the Director of the Oregon Department 
of Environmental Quality (ODEQ) to EPA Region 10 submitting amendments 
to the Oregon state implementation plan. Revisions were to: Title 11 
(Policy and General Provisions), Title 12 (General Duties and Powers of 
Board and Director), Title 14 (Definitions), Title 32 (Emission 
Standards) and Title 33 (Prohibited Practices and Control of Special 
Classes), Title 34 (Air Contaminant Discharge Permits), Title 38 (New 
Source Review), and Title 47 (Rules for Open Outdoor Burning) as adopted 
by the Environmental Quality Commission on April 25, 1986, and state 
effective on May 8, 1986.
    (B) December 5, 1986, letter from the Director of ODEQ to EPA Region 
10 submitting amendments to the Oregon state implementation plan. 
Revisions were to: Title 14 (Definitions) and Title 38 (New Source 
Review) as adopted by the Environmental Quality Commission on October 
24, 1986, and state effective on October 24, 1986.
    (C) May 8, 1987, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 34 (Air Contaminant Discharge Permits) as adopted by the 
Environmental Quality Commission on April 17, 1987, and state effective 
on April 22, 1987.
    (D) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 34 (Air Contaminant Discharge Permits), as adopted by the 
Environmental Quality Commission on November 4, 1988, and state 
effective on December 20, 1988.
    (E) March 3, 1989, letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon state implementation plan. Revisions 
were to: Title 14 (Definitions), Title 31 which was revised and 
repromulgated as Title 50 (Ambient Air Standards), Title 38 (New Source 
Review), and Title 51 (Air Pollution Emergencies), as adopted by the 
Environmental Quality Commission on November 4, 1988, and state 
effective on December 20, 1988.
    (F) March 12, 1990, letter from ODEQ to EPA Region 10 submitting 
amendments to the Oregon state implementation plan. Revisions were to: 
Title 34 (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

[[Page 793]]

Division 30 (Specific Air Pollution Control Rules for Areas With Unique 
Air Quality Control Needs) as revisions to the State of Oregon's Air 
Quality Control Plan Volume 2 (The Federal Clean Air State 
Implementation Plan and Other State Regulations).
    (i) Incorporation by reference.
    (A) October 13, 1989, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (B) November 15, 1991, letter from the Director of the Department of 
Environmental Quality to EPA Region 10 submitting amendments to the 
Oregon state implementation plan.
    (C) Oregon Administrative Rule 340 Division 30 (Specific Air 
Pollution Control Rules for Medford-Ashland Air Quality Maintenance Area 
and the Grants Pass Urban Growth Area) -010 (Definitions); -015 (Wood 
Waste Boilers) (except for (3)(c)); -025 (Air Conveying Systems); -040 
(Charcoal Producing Plants); -043 (Control of Fugitive Emissions 
(Medford-Ashland AQMA Only); -044 (Requirement for Operating and 
Maintenance Plans (Medford-Ashland AQMA Only); -045 (Compliance 
Schedules); -046 (Emission Limits Compliance Schedules); -050 
(Continuous Monitoring); -055 (Source Testing; -065 (New Source); -067 
(Rebuilt Sources); as adopted by the Environmental Quality Commission on 
September 7, 1989, and effective on September 7, 1989.
    (D) Oregon Administrative Rule 340 Division 30 (Specific Air 
Pollution Control Rules for Areas with Unique Air Quality Control Needs) 
section -005 (Purpose and Application; -010 (Definitions); -012 
(Application); -015 (Wood Waste Boilers) (except for (3)(c)); -021 
(Veneer Dryer Emission Limitations); -030 (Wood Particle Dryers At 
Particleboard Plants); -043 (Control of Fugitive Emissions (Medford-
Ashland AQMA Only); -044 (Requirements for Operating and Maintenance 
Plans (Medford-Ashland AQMA Only); -046 (Emission Limits Compliance 
Schedules); -050 (Continuous Monitoring); -055 (Source Testing); -065 
(New Sources); -067 (Rebuilt Sources); -115 (Dual Fuel Feasibility Study 
for Wood-Waste Boilers); -200 (Application), -205 (Compliance Schedule 
for Existing Sources), -210 (Woodwaste Boilers); -215 (Wood Particle 
Dryers At Particleboard Plants); -220 (Hardboard Manufacturing Plants); 
-225 (Air Conveying System), and -230 (Fugitive Emissions) as adopted by 
the Environmental Quality Commission on November 8, 1991, and effective 
on November 13, 1991.
    (98) On October 14, 1992, the Director of the Department of 
Environmental Quality submitted revisions to Oregon's Sampling Manual 
(Volumes I and II) and the inclusion of a new Continuous Emission 
Monitoring Manual as revision to the State of Oregon's Air Quality 
Control Plan Volume 2 (The Federal Clean Air State Implementation Plan 
and Other State Regulations).
    (i) Incorporation by reference.
    (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.

[[Page 794]]

    (C) State Implementation Plan for Particulate Matter, Grants Pass, 
Oregon Nonattainment Area, A Plan for Attaining and Maintaining the 
National Ambient Air Quality Standards for PM10 dated 
November 1990, adopted by the Environmental Quality Commission on 
November 2, 1990 and effective on November 2, 1990.
    (D) PM10 Control Strategy for Particulate Matter 
(Addendum) Grants Pass, Oregon Nonattainment Area, A Plan for Attaining 
and Maintaining the National Ambient Air Quality Standards for 
PM10 dated October 1991, adopted by the Environmental Quality 
Commission on November 8, 1991, and effective on November 13, 1991.
    (100) On May 15, 1991, the Director of the Department of 
Environmental Quality submitted revisions to the State of Oregon 
Implementation plans for volatile organic compound emissions (OAR 340-
22-100 through 340-22-220, General Emission Standards for Volatile 
Organic Compounds), to bring about attainment of the National ambient 
air quality standards in ozone nonattainment areas.
    (i) Incorporation by reference.
    (A) May 15, 1991, letter from Oregon Department of Environmental 
Quality to EPA Region 10 submitting the VOC nonattainment area state 
implementation plan for Oregon.
    (B) OAR 340-22-100 through 340-22-220, General Emission Standards 
for Volatile Organic Compounds, as adopted on May 14, 1991, and became 
effective on May 16, 1991.
    (101) On July 28, 1989, the state of Oregon, through the Oregon 
Department of Environmental Quality, submitted a maintenance plan and a 
request to redesignate Eugene-Springfield to attainment for carbon 
monoxide (CO).
    (i) Incorporation by reference.
    (A) July 28, 1989, letter from Oregon Department of Environmental 
Quality to EPA Region 10 submitting a maintenance plan and a 
redesignation request for the Eugene-Springfield CO Air Quality 
Maintenance Area (AQMA). This plan was submitted as an amendment to the 
State of Oregon Implementation Plan and adopted by the Oregon Department 
of Environmental Quality Commission on December 9, 1988.
    (B) Attainment Demonstration and Maintenance Plan for the Eugene-
Springfield AQMA for CO.
    (C) Letter from Lane Regional Air Pollution Authority and Lane 
Council of Governments, dated February 27, 1992, to EPA Region 10, 
committing to submit a contingency plan if a violation of the CO NAAQS 
occurs.
    (102) On November 16, 1992, and on November 15, 1993, the Director 
of the Department of Environmental Quality submitted Emission Statement 
Rules as amendments to the State of Oregon Implementation Plan. The 
November 15, 1993, Emission Statement Rules revision to OAR chapter 340, 
Division 28, State of Oregon Implementation Plan, superseded the 
November 16, 1992 submittal.
    (i) Incorporation by reference.
    (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.

[[Page 795]]

    (103) On May 14, 1993, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a committal state implementation 
plan (SIP) for a basic inspection and maintenance (I/M) program for 
Portland and Medford-Ashland CO nonattainment areas. On November 15, 
1993, ODEQ submitted the basic I/M program.
    (i) Incorporation by reference.
    (A) May 14, 1993, letter from the Director of ODEQ to EPA Region 10 
submitting a committal SIP for the I/M program.
    (B) November 15, 1993, letter from the Director of ODEQ to EPA 
Region 10 submitting the I/M program for moderate CO nonattainment 
areas.
    (C) OAR 340-24-309 through 350, ``Motor Vehicles,'' adopted on 
October 29, 1993, and effective on November 4, 1993.
    (104) On November 16, 1992, the Oregon State Department of 
Environmental Quality submitted the formal SIP revision to Oregon's 
Administrative Rules (OAR) 340-20-136 and 340-22-440 through 340-22-640, 
adopted as part of the state of Oregon Clean Air Act Implementation Plan 
through OAR 340-20-047. This revision establishes and requires the 
implementation of an oxygenated gasoline program in the Clackamas, 
Jackson, Multnomah, Washington and Yamhill counties, and an eleven by 
twelve mile area surrounding Klamath Falls and a nine mile by nine mile 
area surrounding Grants Pass.
    (i) Incorporation by reference.
    (A) The November 16, 1992, letter from the Director of the Oregon 
State Department of Environmental Quality to EPA Region 10 submitting 
revisions to the Oregon SIP.
    (B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR 340-
20-136 and 340-22-440 through 340-22-640, adopted as part of the State 
of Oregon Clean Air Act Implementation Plan through OAR 340-20-047, 
effective November 1, 1992.
    (105) On November 15, 1993, the Director of ODEQ submitted Oregon's 
contingency measure plan as a revision to Oregon's SIP for carbon 
monoxide (CO) for Grants Pass, Medford, Portland, and Klamath Falls, 
Oregon.
    (i) Incorporation by reference.
    (A) November 15, 1993, letter from the Director of ODEQ to EPA 
Region 10 submitting amendments to the Oregon SIP.
    (B) Oregon Administrative Rules, Chapter 340-22-440 through 340-22-
650, Vol. 2, Sections 4.2, 4.9, 4.ll, Carbon Monoxide Control 
Strategies, effective November 4, 1993.
    (106) On February 4, 1994, the Oregon Department of Environmental 
Quality (ODEQ) submitted the formal SIP revision to Oregon's 
Administrative Rules (OAR) 340-34-005 through 340-34-115 (Residential 
Woodheating and Woodstove Certification Program). This revision includes 
the repeal of OAR 340-34-55, OAR 340-34-65 as well as OAR 340-34-075 
through 340-34-115.
    (i) Incorporation by reference.
    (A) February 4, 1994, letter from the Director of ODEQ to EPA Region 
10 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

[[Page 796]]

in the Eugene-Springfield nonattainment area), adopted by the OEQC on 
November 8, 1991.
    (C) April 13, 1994 letter from the Director of ODEQ to EPA Region 10 
submitting amendments to the Oregon SIP.
    (D) Amendments to Lane Regional Air Pollution Authority Rules as a 
revision to the Oregon SIP (title 16), adopted by the OEQC on March 11, 
1994.
    (109) On October 27, 1993, the Director of ODEQ submitted OAR 340-
24-307, Motor Vehicle Inspection Program Fee Schedule, as an amendment 
to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted 
Section 3.1, OAR 340-24-309 through 340-24-350 and section 5.4, Motor 
Vehicle Inspection and Maintenance Plan, as amendments to the Oregon 
SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke, 
received Section 3.1, OAR 340-24-309 through 340-24-355 and section 5.4, 
Motor Vehicle Inspection and Maintenance Plan, from the Director of ODEQ 
as amendments to the Oregon SIP.
    (i) Incorporation by reference.
    (A) October 27, 1993 letter from the Director of ODEQ to the 
Regional Administration of EPA submitting a revision to the Oregon SIP, 
Motor Vehicle Inspection Program Fee Schedule.
    (B) November 15, 1993 letter from the Director of ODEQ to the 
Regional Administrator of EPA submitting revisions to the Oregon SIP, 
Vehicle Inspection and Maintenance Program.
    (C) June 13, 1994 letter from the Director of ODEQ to the Regional 
Administrator of EPA submitting revisions to the Oregon SIP, Vehicle 
Inspection and Maintenance Program.
    (D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR 340-
24-307, adopted by the Environmental Quality Commission on January 29, 
1993.
    (E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340-24-
309, 310, 315, 320, 330, 335, 340, 350, and Volume 2 Section 5.4, Motor 
Vehicle Inspection and Maintenance Plan, adopted by the Environmental 
Quality Commission on October 29, 1993.
    (F) Oregon's Vehicle Inspection and Maintenance Program, Section 
3.1, OAR 340-24-300 through 340-24-355, and Section 5.4, adopted by the 
Environmental Quality Commission on June 3, 1994.
    (110) On May 28, 1993, the Director of ODEQ submitted two separate 
sets of revisions to its air quality regulations, OAR, Chapter 340, 
Division 25. One submittal was housekeeping amendments affecting all of 
Division 25; the second submittal was specifically Kraft Pulp Mill rules 
(OAR 340-25-150 through -205) and Neutral Sulfite Semi-Chemical Pulp 
Mill regulations (OAR 340-25-220 through -234). On November 15, 1993, 
the Director of ODEQ submitted a revision to OAR, Chapter 340, Division 
25. On April 13, 1994, the Director of ODEQ submitted revisions to the 
Oregon SIP for LRAPA's Title 47, Outdoor Open Burning.
    (i) Incorporation by reference.
    (A) EPA received on May 28, 1993, two letters from the Director, 
ODEQ, to the 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

[[Page 797]]

Authority and a revision to Chapters 468 and 468A of the Oregon Revised 
Statutes (ORS).
    (i) Incorporation by reference.
    (A) On July 29, 1992 and August 30, 1994, ODEQ submitted to EPA a 
revision to Oregon Revised Statutes (ORS), Chapter 468 (1993 Edition), 
and Chapter 468A (1993 Edition), both of which were amended and adopted 
through August 1993 and in effect on November 4, 1993; and a revised 
Section 2.2--Legal Authority, including subsections 2.2.1 through 2.2.9, 
dated and revised July 29, 1992, the date of the official attached 
transmittal letter.
    (112) On November 16, 1992, the Director for the Oregon Department 
of Environmental Quality (ODEQ) submitted the Oregon State Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program and on May 16, 1995, the Administrator for ODEQ 
submitted the Small Business Assistance Program Confidentiality Option 
as revisions to the Oregon State Implementation Plan.
    (i) Incorporation by reference.
    (A) The November 16, 1992 letter from the Director of the Oregon 
Department of Environmental Quality submitting the Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program to EPA; The Oregon Air Quality Small Business Assistance Program 
State Implementation Plan Revision adopted on October 16, 1992, and 
evidence that the State has the necessary legal authority, Oregon 
Revised Statutes 468A.330 (Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program).
    (B) The May 16, 1995 letter from the Administrator of the Oregon 
Department of Environmental Quality, Air Quality Division, submitting 
the Small Business Assistance Program confidentiality option to EPA; The 
Air Quality Guidance, Restriction of Information Obtained by the AQ 
Small Business Assistance Program adopted on May 16, 1995.
    (113) On April 14, 1995, the Oregon Department of Environmental 
Quality submitted a revision to its SIP for the State of Oregon to 
include the Transportation Conformity: OAR 340-20-710 through 340-20-
1080.
    (i) Incorporation by reference.
    (A) April 14, 1995 letter from ODEQ director Lydia Taylor to EPA 
Regional Administrator Chuck Clarke submitting a revision to the Oregon 
SIP to include the Transportation Conformity: OAR 340-20-710 through 
340-20-1080; Division 20, Air Pollution Control, Criteria and Procedures 
for Determining Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Funded or Approved Under 
Title 23 U.S.C. or the Federal Transit Act, effective March 29, 1995.
    (114) On November 20, 1995, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a Reasonably Available Control 
Technology Standards (RACT) determination for VOC emissions from the 
Intel Corporation facility in Portland, Oregon.
    (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

[[Page 798]]

of ODEQ submitted to the Regional Administrator of EPA revisions to its 
Oregon SIP: the Oregon Administrative Rules (OAR), Housekeeping 
Amendments (Chapter 340, Divisions 21 through 24, 26, 27, 30, and 34); 
OAR, Division 22, General Gaseous Emissions (340-22-100, -130, and -
137); and OAR, Divisions 20, 21, 22, 25, 27 and 30).
    (i) Incorporation by reference.
    (A) May 27, 1993, letter from ODEQ to EPA submitting a revision to 
the Oregon Administrative Rules: Housekeeping Amendments, Oregon 
Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30, 
and 34, State-effective on March 10, 1993.
    (B) September 27, 1995, letter from ODEQ to EPA submitting a 
revision to the Oregon Administrative Rules: Permits and Fees for Stage 
I Vapor Recovery Program, Division 22, General Gaseous Emissions, 
Sections 100, 130, and 137, State-effective on November 2, 1994.
    (C) October 8, 1996, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules: OAR 340-020-0047 (State-effective on 
September 24, 1996); OAR 340-21-0005, -0015, -0020, -0025, -0030, -0035, 
-0045, -0050, and -0235 (State-effective on January 29, 1996); OAR 340-
022-0102 (State-effective on March 29, 1996), and -0130 (State-effective 
on December 6, 1995); OAR 340-025-0260 and -0265 (State-effective on 
December 6, 1995), -0280 (State-effective on December 6, 1995), -0320 
and -0325 (State-effective on January 29, 1996); OAR -027-0005 (State-
effective on September 24, 1996); OAR 030-0007, -0010 and -0031 (State-
effective on January 29, 1996).
    (D) Based on a SIP revision submitted by Oregon on February 16, 
2001, Oregon Administrative Rules Chapter 340, Division 23 ``Rules for 
Open Burning,'' as effective March 10, 1993, is removed from the SIP.
    (117) On November 20, 1996, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted source-specific Reasonably 
Available Control Technology (RACT) determinations to EPA as SIP 
revisions for VOC emissions standards.
    (i) Incorporation by reference.
    (A) Two letters dated November 20, 1995, from Director of the Oregon 
Department of Environmental Quality (ODEQ) submitting SIP revisions for 
RACT determinations for VOC emissions for: Cascade General, Inc., a ship 
repair yard in Portland, Oregon, Permit No. 26-3224 (issued to the Port 
of Portland), dated October 4, 1995; and, White Consolidated, Inc. 
(doing business as Schrock Cabinet Co.), a wood cabinet manufacturing 
facility in Hillsboro, Oregon, Permit No. 34-2060, dated August 1, 1995.
    (118) On October 13, 1989, the Director of the Oregon Department of 
Environmental Quality submitted an amendment to OAR Chapter 340, 
Division 30. On May 28, 1993, the Director of the Oregon Department of 
Environmental Quality submitted amendments to OAR Chapter 340, Division 
14, and Division 31. On November 15, 1993, the Director of the Oregon 
Department of Environmental Quality submitted amendments 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.

[[Page 799]]

    (C) OAR 340-30-111, effective September 26, 1989.
    (D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030, 
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130, 
effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-
31-120, effective July 12, 1995.
    (119) November 15, 1991, and September 20, 1995, letters from the 
Director, Oregon Department of Environmental Quality, to the Region 10 
Regional Administrator, EPA, submitting the PM-10 Klamath Falls, Oregon, 
PM-10 Control Plan and amendments as revisions to its SIP.
    (i) Incorporation by reference.
    (A) State Implementation Plan for PM-10 in Klamath Falls, dated 
October 1991 and revised August 1995; and Appendix 4: Ordinances and 
Commitments, Ordinance No. 6630 (adopted September 16, 1991), and 
Ordinance No. 63 (adopted July 31, 1991)--Chapters 170 and 406.
    (120) The Oregon Department of Environmental Quality (ODEQ) and the 
Washington Department of Ecology (WDOE) submitted Maintenance Plans that 
demonstrate continued attainment of the NAAQS for O3 and 
requested redesignation of the Pdx/Van interstate nonattainment area 
from nonattainment to attainment for O3. The SIP revision 
requests were submitted by the WDOE on June 13, 1996, and by ODEQ on 
August 30, 1996. A number of other O3 supporting revisions 
were included in this submittal, such as: the 1990 O3 
Emission Inventories; changes to the NSR programs; regulations 
implementing the hybrid low enhanced I/M programs; an expanded vehicle 
inspection boundary; minor RACT rule changes (Vancouver only); Employee 
Commute Options rule (Portland only); Voluntary Parking Ratio rule 
(Portland only); PSEL management rules (Portland only); and local area 
source supporting rules.
    (i) Incorporation by reference.
    (A) Ozone Maintenance Plan and Redesignation Request for the 
Portland/Vancouver AQMA (Oregon Portion) effective August 14, 1996.
    (B) Oregon Inspection and Maintenance SIP revision to Section 5.4; 
OAR 340-024-0100, -0300, -0305, -0306, -0307, -0308, -0309, -0312 (with 
the exception of all language in (4) (a) referring to a ``sixth hill 
extrapolation''), -0314 , -0318, -0320, -0325, -0330, -0332, -0335, -
0337, -0340, -0355, -0357, and -0360, State effective on November 26, 
1996.
    (C) New Source Review: OAR 340-020-0047; OAR 340-028-0110, 1900 
through 1940, 1960, 1970, and 2000; OAR 340-030-0111, State effective on 
November 26, 1996.
    (D) Supporting Regulations approved as part of the Ozone non-
attainment redesignation package: OAR 340-022-0400, -0401, -0402, -0403, 
-0700, -0710, -0720, -0730, -0740, -0750, -0760, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0900, -0910, -0920, -0930, -0940, -0950, -
1000, -1010, -1020, -1030, -1040, -1050, -1100, -1110, -1120, -1130, 
State effective on 8/14/96; OAR 340-024-0301, State effective on 8/12/
96; OAR 340-030-0700, -0710, -0720, -0730, -0740, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0870, -0880, -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

[[Page 800]]

the NAAQS for carbon monoxide through the year 2007.
    (i) Incorporation by reference.
    (A) Letter dated August 30, 1996, from Oregon to EPA requesting the 
redesignation of the Portland carbon monoxide nonattainment area to 
attainment and submitting the Maintenance Plan; Revision to the State 
Implementation Plan: Carbon Monoxide Maintenance Plan and Redesignation 
Request for the Portland Metro Area, adopted July 12, 1996.
    (B) Letter dated April 17, 1997, from Oregon to EPA submitting 
replacement pages to the Maintenance Plan and appendices.
    (ii) Additional material.
    (A) Appendices to the Maintenance Plan and Redesignation Request for 
Portland (Metro) Area--State Implementation Plan Revision for Carbon 
Monoxide, dated July 12, 1996: Appendix D2-1 (Volume 3), CO Air 
Monitoring Network; Appendix D2-2 (Volume 3), Meteorological Analysis; 
Appendix D2-3 (Volume 3), Review of Bag Study Results Which Demonstrates 
The DEQ Network of Sites Records Higher CO Concentrations Than Screened 
Intersections; Appendix D2-4 (Volume 3), Emission Inventory and Forecast 
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-1 (Volume 3), 
Base Year (1990) Emission Inventory Portland (Metro) Area (Carbon 
Monoxide); Appendix D2-4-2 (Volume 3), Attainment Year (1991) Emission 
Inventory Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-3 
(Volume 3), Regional Emission Forecast Portland (Metro) Area; Appendix 
D2-4-4 (Volume 3), Subregional Emission Inventories and Forecast 
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-5 (Volume 3), 
Metro Model Assumptions, Link-Based Emissions Calculation Methodology, 
and Travel Demand Forecasting Model Summary; Appendix D2-5 (Volume 3), 
Conformity Process; Appendix D2-6 (Volume 3), Historical and Projected 
Population and Households; Appendix D2-7 (Volume 3), Metro Council 
Resolution Concerning Portland CO Maintenance Plan, Emission Budgets, 
and Contingency Plan; Appendix D2-8 (Volume 3), CCTMP Zoning Codes 
Incorporated Into the Portland Carbon Monoxide Maintenance Plan; 
Appendix D2-9 (Volume 3), Motor Vehicle Inspection Program Changes; 
Appendix D2-10 (Volume 3), Land-Use Measures and TCM Substitution; 
Appendix D2-11 (Volume 3), New Source Review Program Changes; Appendix 
D2-12 (Volume 3), Rollforward Analysis; Appendix D2-13 (Volume 3), CCTMP 
Zoning Codes Used as Supporting Documentation in the Portland Carbon 
Monoxide Maintenance Plan; Appendix D2-14 (Volume 3), Miscellaneous 
Oregon Administrative Rule Amendments--Supporting Rules, OAR Chapter 
340, Section 340-020-0047 (State of Oregon Clean Air Act Implementation 
Plan); and Sections 340-031-0520 and 340-031-0530 (Maintenance Area 
Designation).
    (123) On May 22, 1997, ODEQ submitted changes to the definition of 
Volatile Organic Compounds (VOC) in the Oregon Administrative Rules 
(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.

[[Page 801]]

    (A) OAR-340-020-0047; OAR-340-022-0170; OAR-340-022-0840; OAR-340-
022-0930; OAR-340-022-0055; OAR-340-028-0110; OAR-340-028-0400; OAR-340-
028-0630; OAR-340-028-1010; OAR-340-028-1720; OAR-340-030-0015; OAR-340-
030-0044; OAR-340-030-0050; OAR-340-030-0055; OAR-340-030-0320; OAR-340-
030-0330: These rules were all state adopted on October 11, 1996.
    (126) On August 31, 1995, and October 8, 1996, the Director of ODEQ 
submitted to the Regional Administrator of EPA revisions to its Oregon 
SIP: the Oregon Administrative Rules (OAR) Chapter 340, Division 25, 
Specific Industrial Standards (OAR 340-25-305, 320 and 325).
    (i) Incorporation by reference.
    (A) August 31, 1995, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules (OAR); OAR 340-25-305, State 
effective on February 17, 1995.
    (B) October 8, 1996, letter from ODEQ to EPA submitting a revision 
to the Oregon Administrative Rules (OAR); OAR 340-25-320 and OAR 340-25-
325, State effective on January 29, 1996.
    (127) December 9, 1996, letter from the Director, Oregon Department 
of Environmental Quality, to the Region 10 Regional Administrator, EPA, 
submitting the Attainment Plan for the Oakridge, Oregon PM-10 
nonattainment area as a revision to its SIP.
    (i) Incorporation by reference.
    (A) State Implementation Plan for PM-10 in Oakridge, dated August 
1996, and Appendices XII, XIII and XIV.
    (ii) Additional Material: Appendix I through VI and VIII through XI 
of the State Implementation Plan for PM-10 in Oakridge dated August 
1996.
    (128) On June 1, 1995 the State of Oregon submitted to EPA an 
attainment plan for the Lakeview PM10 nonattainment area. This SIP 
revision is designed to bring about the attainment of the PM10 NAAQS in 
Lakeview and satisfy Federal requirements applicable to moderate PM10 
nonattainment areas.
    (i) Incorporation by reference.
    (A) June 1, 1995 letter from the Director, Oregon Department of 
Environmental Quality, the Governor's designee, to Region 10 Regional 
Administrator, EPA, submitting the Lakeview, Oregon PM10 Control Plan.
    (B) Revision to the Oregon State Implementation Plan: Lakeview, 
Oregon PM10 Control Plan; Appendix 3, Lakeview Detailed Emissions 
Inventories; Appendix 4, Ordinances and Commitments; Appendix 5, 
Demonstration of Attainment; Appendix 9, Woodburning Curtailment Survey 
Protocol; Appendix 10, Legal Description of Lakeview PM10 Nonattainment 
Area.
    (C) Supporting regulations approved as part of the revision, state 
effective May 1, 1995: OAR 340-20-047; OAR 340-21-010, -012, -025, -200; 
OAR 340-30-043, -300, -310, -340; OAR 340-34-150, -200, -210.
    (129) The Environmental Protection Agency (EPA) approves various 
amendments to the Oregon State Air Quality Control Plan contained in a 
submittal to EPA, dated October 8, 1997.
    (i) Incorporation by reference.
    (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.

[[Page 802]]

    (A) EPA is approving the revised Oregon Regulations, as effective 
October 12, 1998: OAR 340-022-0100; OAR 340-022-0102; OAR 340-022-0104; 
OAR 340-022-0106; OAR 340-022-0107; OAR 340-022-110; OAR 340-022-0120; 
OAR 340-022-0125; OAR 340-022-0130; OAR 340-022-0170; OAR 340-022-0175; 
OAR 340-022-0180; OAR 340-022-0300; OAR 340-022-0400; OAR 340-022-0401; 
and OAR 340-022-0402.
    (B) EPA is repealing/removing the following provision from the 
current incorporation by reference: OAR 340-022-0403, as effective 
August 14, 1996.
    (131) On December 3, 1998, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a revision to the definition 
section of the Oregon Administrative Rules (OAR), as effective October 
14, 1998.
    (i) Incorporation by reference.
    (A) OAR 340-028-0110, as effective October 14, 1998, except for the 
following: (16) Capture system, (25) Continuous compliance determination 
method, (27) Control device, (29) Data, (39)(b) Emission Limitation and 
Emission Standard, (47) Exceedance, (48) Excursion, (55) Inherent 
process equipment, (67) Monitoring, (86) Pollutant-specific emissions 
unit, (88) Predictive emission monitoring system (PEMS), Table 1, Table 
2, and Table 3.
    (B) Remove the following provision from the current incorporation by 
reference: OAR 340-028-0110, as effective October 6, 1995, except for 
Table 1, Table 2, and Table 3.
    (132) On June 18, 1999, the Director of the Oregon Department of 
Environmental Quality (ODEQ) submitted a SIP revision to repeal the 
Consumer Products Rules, repeal the Architectural Coatings Rules, revise 
and partially repeal the Motor Vehicle Refinishings Rules, and revise 
the Volatile Organic Compounds definitions.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule (OAR) 340-022-0102 (73) and OAR 340-
028-0110 (139), as effective May 21, 1999; and OAR 340-022-0700, OAR 
340-022-0710, OAR 340-022-0740, and OAR 340-022-0760, as effective July 
12, 1999.
    (B) Remove the following provisions from the current incorporation 
by reference: OAR 340-022-0102 (73), as effective May 9, 1997; OAR 340-
028-0110 (139), as effective October 14, 1998; OAR 340-022-0800, OAR 
340-022-0820, OAR 340-022-0830, OAR 340-022-0850, and OAR 340-022-0860, 
OAR 340-022-0700, OAR 340-022-0720, OAR 340-022-0730, OAR 340-022-0740, 
OAR 340-022-0750, OAR 340-022-0760, OAR 340-022-1000, OAR 340-022-1020, 
OAR 340-022-1030, OAR 340-022-1040, and OAR 340-022-1050 as effective 
May 25, 1995; OAR 340-022-0840, as effective October 22, 1996; and OAR 
340-022-710, OAR 340-022-810, OAR 340-022-1010, as effective August 14, 
1996.
    (133) On November 10, 1999, the Oregon Department of Environmental 
Quality requested the redesignation of Grants Pass to attainment for 
carbon monoxide. The State's maintenance plan and base year emissions 
inventory are complete and the redesignation satisfies all the 
requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (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,

[[Page 803]]

except for Section 33-005, Section 33-020, Section 33-055, Section 33-
070(1)(Definitions for Non-Condensibles, Other Sources, and Total 
Reduced Sulfur (TRS)), Section 33-070(3)(A), Section 33-070(6)(B), 
Section 33-070(7)(A), Section 33-070(7)(B), Section 33-070(8)(C)(1)(a), 
Section 33-070(8)(C)(2)(a), Section 33-080, and Section 33-085; and 
Title 34, as effective June 13, 2000, except for Section 34-025, Section 
34-035, Section 34-060(6), Section 34-060(8), Section 34-080, Section 
34-160, Section 34-170, Section 34-180, Section 34-190, Section 34-200, 
Section 34-210, Section 34-220, and Section 34-230.
    (B) Remove the following provisions from the current incorporation 
by reference: Section 12-005, Section 12-010, Section 12-020, and 
Section12-035 of Title 12, as effective November 8, 1983; Section 12-025 
of Title 12, as effective September 9, 1988; Title 12, as effective 
February 13, 1990; Title 14, as effective July 12, 1988; Title 15, as 
effective February 13, 1990; Section 32-005, Section 32-010, Section 32-
025, Section 32-030, Section 32-035, Section 32-040, Section 32-045, 
Section 32-055, Section 32-065, Section 32-100, Section 32-101, Section 
32-102, and Section 32-103 of Title 32, as effective 9-14-82; Section 
32-800 of Title 32, as effective 1-8-85; Section 32-104 and Section 32-
990 of Title 32, as effective 11-8-83; Section 33-020, Section 33-025, 
Section 33-030, Section 33-045, Section 33-055, Section 33-060, and 
Section 33-065 of Title 33, as effective 5-15-79; Section 33-070 of 
Title 33, as effective 9-14-82; Section 34-001, Section 34-010, Section 
34-015, Section 34-020, Section 34-025, Section 34-030, Section 34-035, 
Section 34-040, Section 34-045, Section 34-050, and Table A of Title 34, 
as effective 1-9-90; and Section 34-005 of Title 34, as effective 2-13-
90.
    (ii) Additional Material:
    (A) Title 15, Enforcement Procedure and Civil Penalties, as 
effective June 13, 1995.
    (135) The Oregon Department of Environmental Quality submitted a 
Visibility SIP revision on August 26, 1993, smoke management provisions 
on August 26, 1993, revisions to the Oregon field burning program on 
July 3, 1997, and amendments to the smoke management program regarding 
the Blue Mountains rules on September 27, 1995. EPA approves these 
revisions with the exception of the provision that changes the review 
period of the Visibility SIP from every three years to every 5 years 
(OAR 340-20-047 Section 5.2.4.2 and OAR 340-20-047 Section 5.2.5.1)
    (i) Incorporation by reference.
    (A) OAR 629-24-301 effective August 1, 1987.
    (B) OAR 629-43-043 effective April 13, 1987.
    (C) ORS 477.515 effective 1971.
    (D) Directive 1-4-1-601, Operational Guidance for the Oregon Smoke 
Management Program, effective October 23, 1992.
    (E) OAR 340-26-0035 and 340-26-0040, effective March 10, 1993; OAR 
340-26-0001, 340-26-0031, 340-26-0033, and 340-26-0045, effective May 
11, 1993; 340-26-0003, 340-26-0005, 340-26-0010, 340-26-0012, 340-26-
0013, 340-26-0015, and 340-26-0055, effective May 31, 1994.
    (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

[[Page 804]]

Klamath Falls to attainment for carbon monoxide. The State's maintenance 
plan and base year emissions inventory are complete and the 
redesignation satisfies all the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-0040, 
and OAR 340-204-0090, as effective October 25, 2000.
    (137) On May 31, 2001, the Oregon Department of Environmental 
Quality requested the redesignation of Medford to attainment for carbon 
monoxide. The State's maintenance plan, base/attainment year emissions 
inventory, and the redesignation request meet the requirements of the 
Clean Air Act.
    (i) Incorporation by reference.
    (A) Oregon Administrative Rules 340-204-0090, as effective March 27, 
2001.
    (138) On December 15, 1998, the Director of the Oregon Department of 
Environmental Quality submitted a SIP revision to repeal the rule for 
parking offsets in the Portland Central Business District, as state 
effective September 23, 1998.
    (i) Incorporation by reference.
    (A) Remove the following provisions from the current incorporation 
by reference: OAR 340-020-0400, 340-020-0405, 340-020-0410, 340-020-
0420, and 340-020-0430.
    (139) On November 5, 1999, March 7, 2000, June 26, 2001, and 
November 4, 2002, the Oregon Department of Environmental Quality 
submitted numerous amendments to the Oregon Administrative Rules as 
revisions to the Oregon State implementation plan. The revisions 
included a rule recodification, a marine vapor loading rule, and 
permitting rules.
    (i) Incorporation by reference.
    (A) The following sections of Oregon Administrative Rule 340: 200-
0030, 202-0200, 204-0010, 204-0020, 204-0050, 204-0060, 204-0070, 204-
0080, 206-0010, 206-0020, 206-0030, 206-0040, 206-0050, 206-0060, 206-
0070, 210-0010, 210-0020, 212-0010, 212-0110, 214-0100, 214-0120, 222-
0030, 224-0020, 226-0200, 228-0010, 228-0020, 228-0100, 228-0110, 228-
0120, 228-0130, 228-0200, 228-0210, 232-0010, 232-0020, 232-0040, 232-
0050, 232-0060, 232-0070, 232-0080, 232-0085, 232-0090, 232-0100, 232-
0120, 232-0130, 232-0140, 232-0150, 232-0160, 232-0170, 232-0180, 232-
0190, 232-0200, 232-0210, 232-0220, 232-0230, 234-0010 (except 
paragraphs (25), (28)(a) & (46)), 234-0100, 234-0110, 234-0120, 234-
0130, 234-0140, 234-0200, 234-0210 (except paragraph (1)), 234-0220, 
234-0230, 234-0240 (except paragraph (2)), 234-0250 (except pargraphs 
(1) & (2)), 234-0260 (except paragraphs (3)(a)(A) & (3)(b)(A)), 234-
0270, 234-0300, 234-0310 (except paragraph (1)), 234-0320 (except 
paragraph (2)), 234-0330, 234-0340 (except paragraph (2)), 234-0350 
(except paragraph (1)), 234-0360 (except paragraph (3)(a)(A)), 234-0400, 
234-0410, 234-0420, 234-0430, 234-0500, 234-0510, 234-0520, 234-0530, 
236-0010, 236-0100, 236-0110, 236-0120 (except paragraphs (1)(a), 
(3)(a), & (3)(e)), 236-0130, 236-0140 (except the words ``gaseous and 
particulate fluorides and'' in paragraph (1), paragraph (1)(b), the 
sentence ``A schedule for measurement of fluoride levels in forage for 
new plants and ambient air for new and existing plants shall be 
submitted.'' in paragraph (1)(c), the words ``and Method 13A or 13B and 
Method 14 or Method 14A for fluorides or other alternative method in 40 
CFR 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,

[[Page 805]]

252-0270, 252-0280, 252-0290, 258-0010, 258-0100, 258-0110, 258-0120, 
258-0130, 258-0140, 258-0150, 258-0160, 258-0170, 258-0180, 258-0190, 
258-0200, 258-0210, 258-0220, 258-0230, 258-0240, 258-0250, 258-0260, 
258-0270, 258-0280, 258-0290, 258-0300, 258-0310, 258-0400, 262-0010, 
262-0020, 262-0030, 262-0040, 262-0100, 262-0110, 262-0120, 262-0130, 
262-0200, 262-0210, 262-0220, 262-0230, 262-0240, 262-0250, 262-0300, 
262-0310, 262-0320, 262-0330, 266-0010, 266-0020, 266-0030, 266-0040, 
266-0050, 266-0060, 266-0070, 266-0080, 266-0090, 266-0100, 266-0110, 
266-0120, 266-0130, and 268-0020, as effective October 14, 1999; 204-
0040, as effective October 25, 2000; 204-0090, as effective March 27, 
2001; 232-0030 and 232-0110 as effective June 1, 2001; 200-0010, 200-
0020 (except paragraph (58)), 200-0025, 202-0010, 202-0050, 202-0060, 
202-0070, 202-0080, 202-0090, 202-0100, 202-0130, 202-0210, 202-0220, 
204-0030, 209-0010, 209-0020, 209-0030, 209-0040, 209-0050, 209-0060, 
209-0070, 209-0080, 210-0100, 210-0110, 210-0120, 210-0205, 210-0215, 
210-0225, 210-0230, 210-0240, 210-0250, 212-0120, 212-0130, 212-0140, 
212-0150, 212-0200, 212-0210, 212-0220, 212-0230, 212-0240, 212-0250, 
212-0260, 212-0270, 212-0280, 214-0010, 214-0110, 214-0114, 214-0130, 
214-0200, 214-0210, 214-0220, 216-0010, 216-0020, 216-0025, 216-0030, 
216-0040, 216-0052, 216-0054, 216-0056, 216-0060, 216-0064, 216-0066, 
216-0070, 216-0082, 216-0084, 216-0090, 216-0094, 222-0010, 222-0020, 
222-0040, 222-0042, 222-0043, 222-0045, 222-0070, 222-0080, 222-0090, 
224-0010, 224-0030, 224-0040, 224-0050, 224-0080, 224-0100, 225-0010, 
225-0020(10), 225-0030, 225-0040, 225-0070, 225-0090(1)(c), 226-0010, 
226-0100, 226-0110, 226-0120, 226-0130, 226-0140, 226-0210, 226-0300, 
226-0310, 226-0320, 226-0400, 240-0020, 240-0030, 240-0110, 240-0120, 
240-0130, 240-0140, 240-0150, 240-0160, 240-0170, 240-0180, 240-0190, 
240-0200, 240-0210, 240-0220, 240-0230, 240-0240, 240-0250, 240-0270, 
240-0310, 240-0320, 240-0330, 240-0340, 240-0350, 240-0360, 240-0400, 
240-0410, 240-0420, 240-0430, 240-0440, 268-0010, and 268-0030, as 
effective July 1, 2001; 222-0041, 224-0060, 224-0070, 225-0020 (except 
paragraph (10)), 225-0045, 225-0050, 225-0060, and 225-0090 (except 
paragraph (1)(c)), as effective October 8, 2002; 225-0020(10) and 225-
0090(1)(c), as effective October 8, 2002, through April 6, 2003.
    (B) Remove the following old divisions of Oregon Administrative Rule 
340 from the current incorporation by reference: 12, 14, 20, 21 (except 
for sections 21-015, 21-050, 21-055, 21-060, 21-200, 21-205, 21-210, 21-
215, 21-220, 21-225, 21-230, 21-235, 21-240, and 21-245), 22, 25, 26, 
27, 28 (except for 28-1400, 28-1410, 28-1420, 28-1430, 28-1440, and 28-
1450), 30, 31, and 34.
    (C) Based on a SIP revision submitted by Oregon on October 6, 2010, 
and later supplemented in a letter submitted by the state on August 31, 
2011, the following provisions from Oregon's Adminstrative Rules (OAR), 
Division 252, ``Transportation Conformity,'' are removed from the SIP.
    (1) The following provisions, as effective October 14, 1999, are 
replaced by revised provisions effective March 5, 2010, Rules 340: 252-
0030, 252-0060, 252-0070 (except the last two sentences), and 252-0230.
    (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

[[Page 806]]

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.
    (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

[[Page 807]]

maintenance plan and requested redesignation of the Medford-Ashland PM10 
nonattainment area to attainment for PM10. On May 14, 2004, the Oregon 
Department of Environmental Quality submitted revisions to Oregon 
Administrative Rules, Chapter 340, Divisions 224 and 225 to clarify the 
requirements for creating and using emission offsets and to make other 
minor revisions. The State's attainment and maintenance plan, 
redesignation request, and rule revisions meet the requirements of the 
Clean Air Act.
    (i) Incorporation by reference.
    (A) The following sections of Oregon Administrative Rules 340: 204-
0010, 224-0070, 225-0045, 225-0090, 240-0030, 240-0100, 240-0110, 240-
0120, 240-0130, 240-0140, 240-0150, 240-0180, 240-0190, 240-0210, 240-
0220, and 240-0230 as effective January 4, 2005; 224-0010, 224-0030, 
224-0050, 224-0080, and 225-0050 as effective April 14, 2004 and; 224-
0060, and 225-0020 as effective September 9, 2005.
    (B) The following sections of the Codified Ordinances of Jackson 
County: 1810.01, as effective May 2, 1990; 1810.02, as effective August 
22, 2001; 1810.03, as effective December 20, 1989; 1810.04, as effective 
May 2, 1990; 1810.05, as effective May 2, 1990; 1810.06, as effective 
December 4, 1985; 1810.07, as effective August 22, 2001; 1810.08, as 
effective December 20, 1989; Exhibit A, as effective May 2, 1990; 
Exhibit B, as effective May 2, 1990; Exhibit C, as effective May 2, 
1990; and Exhibit D, as effective May 2, 1990.
    (C) The following sections of the Code of the City of Medford, 
Oregon: 5.550 as effective March 16, 2000; 7.220, as effective September 
17, 1998; 7.222, as effective September 17, 1998; 7.224, as effective 
September 17, 1998; 7.240 as effective August 2, 1990, and 7.242 as 
effective September 17, 1998.
    (D) The following sections of the City of Central Point Municipal 
Code: 8.01.010, 8.01.012, 8.01.014, 8.01.020, 8.01.030, and 8.01.032 as 
effective 1998; 8.04.040 H., as effective 1979; and 8.04.095 as 
effective 1994.
    (E) The following sections of the City of Ashland Municipal Code: 
10.30.005 and 10.30.010 as effective 1998; 10.30.020, as effective 2000; 
10.30.030 and 10.30.040, as effective 1993; 9.24.010, 9.24.020, 
9.24.030, 9.24.040, and 9.24.050 as effective 1998.
    (F) The following sections of the City of Talent ordinances: 
Ordinance 565, as effective August 20, 1992; and Ordinance 98-635-0, 
as effective March 4, 1998.
    (G) The following sections of the City of Phoenix code: 8.16.040, as 
effective 1982; 8.16.050, as effective 1982; 8.16.090, as effective 
1982; 8.20.010, as effective 1998; 8.20.020, as effective 1998; 8.20.030 
as effective 1998; 8.20.040, as effective 1998; and 8.20.050 as 
effective 1998.
    (H) The following sections of the City of Jacksonville code: 
Ordinance 375, amending 8.08.100 of the Jacksonville Municipal Code as 
effective April 21, 1992; City of Jacksonville Code Chapter 8.10, as 
effective February 1992.
    (I) The following sections of the City of Eagle Point Code: 
8.08.160, as effective 2000; 8.08.170, as effective 1990; 8.08.180, as 
effective 1990; 8.08.190 as effective 1990; and 8.08.200 as effective 
1990.
    (J) Remove the following old sections of the Oregon Administrative 
Rules 340 from the current incorporation by reference: 240-0200, 240-
0240, and 240-0270.
    (ii) Additional Material.
    (A) The following sections of the Codified Ordinances of Jackson 
County: 1810.09 as effective December 20, 1989, and 1810.99, as 
effective October 29, 2003.
    (B) The following sections of the Code of the City of Medford, 
Oregon: 7.226, as effective November 20, 1989; and 7.300 as effective 
April 6, 2000.
    (C) The following sections of the City of Central Point Municipal 
Code: 8.04.100, 8.04.110, 8.04.120, 8.04.130, and 8.04.140 as effective 
1966, and 8.04.150 as effective 1995.
    (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.

[[Page 808]]

    (A) The following revised sections of Oregon Administrative Rule 
340: 204-0030 Designation of Nonattainment Areas (1) and (2) and 204-
0040 Designation of Maintenance Areas (except (2)(c)), as effective June 
28, 2007.
    (150) [Reserved]
    (151) On December 20, 2010, the Oregon Department of Environmental 
Quality submitted a SIP revision to meet the regional haze requirements 
of Clean Air Act section 169A and the interstate transport requirements 
of Clean Air Act section 110(a)(2)(D)(i)(II) as it applies to visibility 
for the 1997 8-hour ozone NAAQS and 1997 PM2.5 NAAQS.
    (i) Incorporation by reference.
    (A) December 10, 2010, letter from ODEQ to the Oregon Secretary of 
State requesting filing of permanent rule amendments to OAR 340-223.
    (B) December 10, 2010, filed copy of State ``Certificate and Order 
for Filing'' verifying the effective date of December 10, 2010, for OAR 
340-223-0010, OAR 340-223-0020, OAR 340-223-0030, OAR 340-223-0040, OAR 
340-223-0050 and OAR 340-223-0080.
    (C) The following revised sections of the Oregon Administrative 
Rules, Chapter 340:
    (1) 340-223-0010 Purpose of Rules, effective December 10, 2010.
    (2) 340-223-0020 Definitions, effective December 10, 2010.
    (3) 340-223-0030 BART and Additional Regional Haze Requirements for 
the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant 
(Federal Acid Rain Program Facility ORISPL Code 6106), effective 
December 10, 2010.
    (4) 340-223-0040 Federally Enforceable Permit Limits, effective 
December 10, 2010.
    (5) 340-223-0050 Alternative Regional Haze Requirements for the 
Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal 
Acid Rain Program Facility ORISPL Code 6106), effective December 10, 
2010.
    (6) 340-223-0080 Alternative Requirements for the Foster-Wheeler 
Boiler at the Boardman Coal-Fired Power Plant (Federal Acid Rain Program 
Facility ORISPL code 6106) Based Upon Permanently Ceasing the Burning of 
Coal Within Five Years of EPA Approval of the Revision to the Oregon 
Clean Air Act State Implementation Plan Incorporating OAR Chapter 340, 
Division 223, effective December 10, 2010.
    (ii) Additional material.
    (A) The portion of the SIP revision relating to statewide inventory 
of emissions of pollutants that are reasonably anticipated to cause or 
contribute to visibility impairment in any mandatory Class I Federal 
Area and the calculation of baseline and natural visibility conditions 
in Oregon Class I areas, and determination of current and 2018 
visibility conditions in Oregon Class I areas.
    (B) The remaining portions of the December 20, 2010, SIP revision, 
which relate to establishing reasonable progress goals, and a long term 
strategy to achieve these reasonable progress goals.
    (152) On August 9, 2005, and May 22, 2007, the Oregon Department of 
Environmental Quality submitted revisions to the Oregon State 
Implementation Plan. The revisions provide an ozone maintenance plan 
under section 110(a)(1) of the CAA for the Portland portion of the 
Portland-Vancouver Air Quality Maintenance Area and the Salem-Keizer 
Area Transportation Study Air Quality Area, and phase out of the State's 
VIP enhanced BAR-31 test, the elimination of the Gas Cap Pressure Test 
and the Evaporative Purge Test. The State's maintenance plan revisions 
meet the requirements of the Clean Air Act.
    (i) Incorporation by reference.
    (A) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective April 12, 2007:
    (1) Division 200, General Air Pollution Procedures and Definitions: 
Rule 0025, Abbreviations and Acronyms;
    (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

[[Page 809]]

0060, Requirements for Sources in Maintenance Areas;
    (5) Division 225, Air Quality Analysis Requirements; Rule 0090, 
Requirements for Demonstrating a Net Air Quality Benefit;
    (6) Division 232, Emission Standards for VOC Point Sources: Rule 
0010, Introduction; Rule 0020, Applicability;
    (7) Division 242, Rules Applicable to the Portland Area, Employee 
Commute Options Program: Rule 0010, What is the Employee Commute Options 
Program?; Rule 0020, Who is Subject to ECO?; Rule 0030, What Does ECO 
require?; Rule 0040, How Does the Department Enforce ECO?; Rule 0050, 
Definitions of Terms Used in These Rules; Rule 0070, What are the Major 
Requirements of ECO?; Rule 0080, What are the Registration 
Requirements?; Rule 0090, What are the Requirements for an Employee 
Survey?; Rule 0110, What if an Employer Does Not Meet the Target Auto 
Trip Rate?; Rule 0120, How Will Employers Demonstrate Progress Toward 
the Target Auto Trip Rate?; Rule 0160, What Should Be Included in an 
Auto Trip Reduction Plan?; Rule 0180, What is a Good Faith Effort?; Rule 
0190, How Does the ECO Program Affect New Employees, Expanding Employers 
and Employers Relocating within the Portland AQMA?; Rule 0200, Can a New 
or Relocating Employer Comply with ECO Through Restricted Parking 
Ratios?; Rule 0210, Can an Existing Employer Comply with ECO Through 
Restricted Parking Ratios?; Rule 0220, What if an Employer Has More Than 
One Work Site Within the Portland AQMA?; Rule 0240, Are There 
Alternatives to Trip Reduction?; Rule 0260, Can Employers Get Credit for 
Existing Trip Reduction Programs?; Rule 0270, Are Exemptions Allowed if 
an Employer is Unable to Reduce Trips or Take Advantage of Alternate 
Compliance Options?; Rule 0280, Participation in the Industrial Emission 
Management Program; Rule 0290, What Kind of Records Must be Kept and for 
How Long?;
    (8) Division 242, Rules Applicable to the Portland Area, Industrial 
Emission Management Program: Rule 0400, Applicability; Rule 0410, 
Definition of Terms; Rule 0420, Unused PSEL Donation Program; Rule 0430, 
Industrial Growth Allowances; Rule 0440, Industrial Growth Allowance 
Allocation.
    (B) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective July 12, 2005;
    (1) Division 256, Motor Vehicles, Rule 0010, Definitions;
    (2) Division 256, Motor Vehicles, Visible Emissions: Rule 0100, 
Visible Emissions--General Requirements, Exclusions; Rule 0130, Motor 
Vehicle Fleet Operation;
    (3) Division 256, Motor Vehicles, Emission Control System 
Inspection: Rule 0300, Scope; Rule 0310, Government-Owned Vehicle, 
Permanent Fleet Vehicle and United States Government Vehicle Testing 
Requirements; Rule 0340, Light Duty Motor Vehicle and Heavy Duty 
Gasoline Motor Vehicle Emission Control Test Method for Basic Program; 
Rule 0350, Light Duty Motor Vehicle Emission Control Test Method for 
Enhanced Program; Rule 0380, Light Duty Motor Vehicle Emission Control 
Test Criteria for Basic Program; Rule 0390, Heavy Duty Gasoline Motor 
Vehicle Emission Control Test Criteria.
    (ii) Additional material.
    (A) SIP Volume 2 Section 5.4.7: Test Procedures and Standards, as 
effective July 12, 2005.
    (153) On October 8, 2008, October 10, 2008, March 17, 2009, June 23, 
2010, December 22, 2010, and May 5, 2011, the Oregon Department of 
Environmental Quality submitted numerous amendments to the Oregon 
Administrative Rules as revisions to the Oregon State implementation 
plan. The revisions include updating Oregon's new source review rules to 
be consistent with current Federal regulations and streamlining Oregon's 
air quality rules by 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.

[[Page 810]]

    (B) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective November 8, 2007:
    (1) Division 200, General Air Pollution Procedures and Definitions: 
Rule 0010, General, Purpose and Application;
    (2) Division 208, Visible Emissions and Nuisance Requirements: Rule 
0010, Definitions; Rule 0110, Visible Emissions, Visible Air Contaminant 
Limitations;
    (3) Division 209, Public Participation: Rule 0040, Public Notice 
Information; Rule 0070, Hearing and Meeting Procedures; Rule 0080, 
Issuance or Denial of a Permit;
    (4) Division 214, Stationary Source Reporting Requirements: Rule 
0010, Definitions; Rule 0300, Excess Emissions and Emergency Provision, 
Purpose and Applicability; Rule 0310, Excess Emissions and Emergency 
Provision, Planned Start-up and Shutdown; Rule 0320, Excess Emissions 
and Emergency Provision, Scheduled Maintenance; Rule 0330, Excess 
Emissions and Emergency Provision, All Other Excess Emissions; Rule 
0340, Excess Emissions and Emergency Provision, Reporting Requirements; 
Rule 0350, Excess Emissions and Emergency Provision, Enforcement Action 
Criteria; Rule 0360, Excess Emissions and Emergency Provision, Emergency 
as an Affirmative Defense;
    (5) Division 216, Air Contaminant Discharge Permits: Rule 0082, 
Termination or Revocation of an ACDP;
    (6) Division 228, Requirements for Fuel Burning Equipment and Fuel 
Sulfur Content: Rule 0020, Definitions; Rule 0200, General Emission 
Standards for Fuel Burning Equipment, Sulfur Dioxide Standards; Rule 
0210, General Emission Standards for Fuel Burning Equipment, Grain 
Loading Standards;
    (7) Division 232, Emission Standards for VOC Point Sources: Rule 
0010, Introduction;
    (8) Division 234, Emission Standards for Wood Products Industries: 
Rule 0010, Definitions (except for paragraphs (24), (26)(a) and (44)); 
Rule 0100, Wigwam Waste Burners, Wigwam Waste Burners; Rule 0140, Wigwam 
Waste Burners, Existing Administrative Agency Orders; Rule 0210, Kraft 
Pulp Mills, Emission Limitations (except for paragraph (1)); Rule 0240, 
Kraft Pulp Mills, Monitoring (except for paragraph (1)); Rule 0250, 
Kraft Pulp Mills, Reporting (except for paragraphs (1) and (2)); Rule 
0500, Board Products Industries (Veneer, Plywood, Particleboard, 
Hardboard), Applicability and General Provisions; Rule 0510, Board 
Products Industries (Veneer, Plywood, Particleboard, Hardboard), Veneer 
and Plywood Manufacturing Operations; Rule 0520, Board Products 
Industries (Veneer, Plywood, Particleboard, Hardboard), Particleboard 
Manufacturing Operations; Rule 0530, Board Products Industries (Veneer, 
Plywood, Particleboard, Hardboard), Hardboard Manufacturing Operations;
    (9) Division 236, Emission Standards for Specific Industries: Rule 
0010, Definitions; Rule 0410, Hot Mix Asphalt Plants, Control Facilities 
Required.
    (C) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective August 29, 2008:
    (1) Division 222, Stationary Source Plant Site Emission Limits: Rule 
0020, Applicability.
    (D) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective September 17, 2008:
    (1) Division 200, General Air Pollution Procedures and Definitions: 
Rule 0030, General, Exceptions;
    (2) Division 210, Stationary Source Notification Requirements: Rule 
0205, Notice of Construction and Approval of Plans, Applicability;
    (3) Division 264, Rules for Open Burning: Rule 0040, Exemptions, 
Statewide.
    (E) The following revised sections of the Oregon Administrative 
Rules, Chapter 340, effective May 21, 2010:
    (1) Division 202, Ambient Air Quality Standards and PSD Increments: 
Rule 0090, Ambient Air Quality Standards, 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).

[[Page 811]]

    (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 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

[[Page 812]]

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; 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

[[Page 813]]

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:
    (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)

[[Page 814]]

21-205 Relation to other Rules (3/10/93)
21-210 Applicability (3/10/93)
21-215 Definitions (3/10/93)
21-220 Compliance Schedule for Existing Sources (3/10/93)
21-225 Wood-Waste Boilers (3/10/93)
21-230 Wood Particulate Dryers at Particleboard Plants (3/10/93)
21-235 Hardboard Manufacturing Plants (1/29/96)
21-240 Air Conveying Systems (3/10/93)
21-245 Fugitive Emissions (3/10/93)

                   Division 23--Rules for Open Burning

23-022 How to Use these Open Burning Rules (3/10/93)
23-025 Policy (3/10/93)
23-030 Definitions (6/16/84, except for paragraph (15) is 3/10/93)
23-035 Exemptions, Statewide (3/10/93)
23-040 General Requirements Statewide (3/10/93)
23-042 General Prohibitions Statewide (3/10/93)
23-043 Open Burning Schedule (3/10/93)
23-045 County Listing of Specific Open Burning Rules (3/10/93)

                        Open Burning Prohibitions

23-055 Baker, Clatsop, Crook, Curry, Deshutes, Gilliam, Grant, Harney, 
Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, 
Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties (3/10/
93)
23-060 Benton, Linn, Marion, Polk, and Yamhill Counties (3/10/93)
23-065 Clackamas County (3/10/93)
23-070 Multnomah County (3/10/93)
23-075 Washington County (3/10/93)
23-080 Columbia County (3/10/93)
23-085 Lane County (3/10/93)
23-090 Coos, Douglas, Jackson and Josephine Counties (3/10/93)
23-100 Letter Permits (3/10/93)
23-105 Forced Air Pit Incinerators (3/10/93)
23-110 Records and Reports (3/10/93)
23-115 Open Burning Control Areas (3/10/93)

                       Division 24--Motor Vehicles

                 Pertaining to Motor Vehicles Inspection

24-100 County Designations (11/26/96)

  Motor Vehicle Emission Control Inspection Test Criteria, Methods and 
                                Standards

24-300 Scope (11/26/96)
24-301 Boundary Designations (3/10/93)
24-305 Definitions (11/26/96)
24-306 Government-Owned Vehicle, Permanent Fleet Vehicle and U.S. 
Government Vehicle Testing Requirements (11/26/96)
24-307 Motor Vehicle Inspection Program Fee Schedule (11/26/96)
24-308 Department of Defense Personnel Participating in the Privately 
Owned Vehicle Import Control Program (11/26/96)
24-309 Light Duty Motor Vehicle and Heavy Duty Gasoline Motor Vehicle 
Emission Control Test Method for Basic Program (11/26/96)
24-312 Light Duty Motor Vehicle Emission Control Test Method for 
Enhanced Program (11/26/96)
24-314 Motorcycle Noise Emission Control Test Method, except all 
language in (4)(a) referring to a ``sixth hill extrapolation'' (11/26/
96)
24-318 Renew Registration for Light Duty Motor Vehicles and Heavy Duty 
Gasoline Motor Vehicles Temporarily Operating Outside of Oregon (11/26/
96)
24-320 Light Duty Motor Vehicle Emission Control Test Criteria for Basic 
Program (11/26/96)
24-325 Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria 
(11/26/96)
24-330 Light Duty Motor Vehicle Emission Control Standards for Basic 
Program (11/26/96)
24-332 Light Duty Motor Vehicle Emission Control Standards for Enhanced 
Program (11/26/96)
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)

[[Page 815]]

     Division 202--Ambient Air Quality Standards and PSD Increments

202-0010 Definitions (7/1/01)

                      Ambient Air Quality Standards

202-0050 Purpose and Scope of Ambient Air Quality Standards (7/1/01)
202-0060 Suspended Particulate Matter (7/1/01)
202-0070 Sulfur Dioxide (7/1/01)
202-0080 Carbon Monoxide (7/1/01)
202-0090 Ozone (7/1/01)
202-0100 Nitrogen Dioxide (7/1/01)
202-0130 Ambient Air Quality Standard for Lead (7/1/01)

           Prevention of Significant Deterioration Increments

202-0200 General (10/14/99)
202-0210 Ambient Air Increments (7/1/01)
202-0220 Ambient Air Ceilings (7/1/01)

             Division 204--Designation of Air Quality Areas

204-0010 Definitions (10/14/99)
204-0020 Designation of Air Quality Control Regions (10/14/99)
204-0030 Designation of Nonattainment Areas (7/1/01)
204-0040 Designation of Maintenance Areas (10/25/00)
204-0050 Designation of Prevention of Significant Deterioration Areas 
(10/14/99)
204-0060 Redesignation of Prevention of Significant Deterioration Areas 
(10/14/99)
204-0070 Special Control Areas (10/14/99)
204-0080 Motor Vehicle Inspection Boundary Designations (10/14/99)
204-0090 Oxygenated Gasoline Control Areas (3/27/01)

                 Division 206--Air Pollution Emergencies

206-0010 Introduction (10/14/99)
206-0020 Definitions (10/14/99)
206-0030 Episode Stage Criteria for Air Pollution Emergencies (10/14/99)
206-0040 Special Conditions (10/14/99)
206-0050 Source Emission Reduction Plans (10/14/99)
206-0060 Regional Air Pollution Authorities (10/14/99)
206-0070 Operations Manual (10/14/99)

                   Division 209--Public Participation

209-0010 Purpose (7/1/01)
209-0020 Applicability (7/1/01)
209-0030 Public Notice Categories and Timing (7/1/01)
209-0040 Public Notice Information (7/1/01)
209-0050 Public Notice Procedures (7/1/01)
209-0060 Persons Required To Be Notified (7/1/01)
209-0070 Hearing and Meeting Procedures (7/1/01)
209-0080 Issuance or Denial of a Permit (7/1/01)

        Division 210--Stationary Source Notification Requirements

210-0010 Applicability (10/14/99)
210-0020 Definitions (10/14/99)

                              Registration

210-0100 Registration in General (7/1/01)
210-0110 Registration Requirements (7/1/01)
210-0120 Re-Registration (7/1/01)

              Notice of Construction and Approval of Plans

210-0205 Applicability (7/1/01)
210-0215 Requirement (7/1/01)
210-0225 Types of Construction/Modification Changes (7/1/01)
210-0230 Notice to Construct (7/1/01)
210-0240 Construction Approval (7/1/01)
210-0250 Approval to Operate (7/1/01)

         Division 212--Stationary Source Testing and Monitoring

212-0010 Definitions (10/14/99)

                    Sampling, Testing and Measurement

212-0110 Applicability (10/14/99)
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)

[[Page 816]]

214-0220 Submission of Emission Statement (7/1/01)

             Division 216--Air Contaminant Discharge Permits

216-0010 Purpose (7/1/01)
216-0020 Applicability (7/1/01)
216-0025 Types of Permits (7/1/01)
216-0030 Definitions (7/1/01)
216-0040 Application Requirements (7/1/01)
216-0052 Construction ACDP (7/1/01)
216-0054 Short Term Activity ACDPs (7/1/01)
216-0056 Basic ACDPs (7/1/01)
216-0060 General Air Contaminant Discharge Permits (7/1/01)
216-0064 Simple ACDP (7/1/01)
216-0066 Standard ACDPs (7/1/01)
216-0070 Permitting Multiple Sources at a Single Adjacent or Contiguous 
Site (7/1/01)
216-0082 Termination or Revocation of an ACDP (7/1/01)
216-0084 Department Initiated Modification (7/1/01)
216-0090 Sources Subject to ACDPs and Fees (7/1/01)
216-0094 Temporary Closure (7/1/01)

       Division 222--Stationary Source Plant Site Emission Limits

222-0010 Policy (7/1/01)
222-0020 Applicability (7/1/01)
222-0030 Definitions (10/14/99)

          Criteria for Establishing Plant Site Emission Limits

222-0040 Generic Annual PSEL (7/1/01)
222-0041 Source Specific Annual PSEL (10/8/02)
222-0042 Short Term PSEL (7/1/01)
222-0043 General Requirements for All PSEL (7/1/01)
222-0045 Unassigned Emissions (7/1/01)
222-0070 Plant Site Emission Limits for Insignificant Activities (7/1/
01)
222-0080 Plant Site Emission Limit Compliance (7/1/01)
222-0090 Combining and Splitting Sources (7/1/01)

                  Division 224--Major New Source Review

224-0010 Applicability and General Prohibitions (7/1/01)
224-0020 Definitions (10/14/99)
224-0030 Procedural Requirements (7/1/01)
224-0040 Review of New Sources and Modifications for Compliance with 
Regulations (7/1/01)
224-0050 Requirements for Sources in Nonattainment Areas (7/1/01)
224-0060 Requirements for Sources in Maintenance Areas (10/8/02)
224-0070 Prevention of Significant Deterioration Requirements for 
Sources in Attainment or Unclassified Areas (10/8/02)
224-0080 Exemptions (7/1/01)
224-0100 Fugitive and Secondary Emissions (7/1/01)

             Division 225--Air Quality Analysis Requirements

225-0010 Purpose (7/1/01)
225-0020 Definitions (10/8/02 and 10/8/02 thru 4/6/03)
225-0030 Procedural Requirements (7/1/01)
225-0040 Air Quality Models (7/1/01)
225-0045 Requirements for Analysis in Maintenance Areas (10/8/02)
225-0050 Requirements for Analysis in PSD Class II and Class III Areas 
(10/8/02)
225-0060 Requirements for Demonstrating Compliance with Standards and 
Increments in PSD Class I Areas (10/8/02)
225-0070 Requirements for Demonstrating Compliance with AQRV Protection 
(7/1/01)
225-0090 Requirements for Demonstrating a Net Air Quality Benefit (10/8/
02 and 10/8/02 thru 4/6/03)

                Division 226--General Emission Standards

226-0010 Definitions (7/1/01)

           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)

[[Page 817]]

          General Emission Standards for Fuel Burning Equipment

228-0200 Sulfur Dioxide Standards (10/14/99)
228-0210 Grain Loading Standards (10/14/99)

         Division 232--Emission Standards for VOC Point Sources

232-0010 Introduction (10/14/99)
232-0020 Applicability (10/14/99)
232-0030 Definitions (6/1/01)
232-0040 General Non-categorical Requirements (10/14/99)
232-0050 Exemptions (10/14/99)
232-0060 Compliance Determination (10/14/99)
232-0070 Gasoline Dispensing Facilities (10/14/99)
232-0080 Bulk Gasoline Plants (10/14/99)
232-0085 Gasoline Delivery Vessel(s) (10/14/99)
232-0090 Bulk Gasoline Terminals (10/14/99)
232-0100 Testing Vapor Transfer and Collection Systems (10/14/99)
232-0110 Loading Gasoline onto Marine Tank Vessels (6/1/01)
232-0120 Cutback and Emulsified Asphalt (10/14/99)
232-0130 Petroleum Refineries (10/14/99)
232-0140 Petroleum Refinery Leaks (10/14/99)
232-0150 Liquid Storage (10/14/99)
232-0160 Surface Coating in Manufacturing (10/14/99)
232-0170 Aerospace Component Coating Operations (10/14/99)
232-0180 Degreasers (10/14/99)
232-0190 Open Top Vapor Degreasers (10/14/99)
232-0200 Conveyorized Degreasers (10/14/99)
232-0210 Asphaltic and Coal Tar Pitch Used for Roofing Coating (10/14/
99)
232-0220 Flat Wood Coating (10/14/99)
232-0230 Rotogravure and Flexographic Printing (10/14/99)
232-0240 Perchloroethylene Dry Cleaning (10/14/99)

      Division 234--Emission Standards for Wood Products Industries

234-0010 Definitions, excluding (25), (28)(a) & (46) (10/14/99)

                          Wigwam Waste Burners

234-0100 Statement of Policy and Applicability (10/14/99)
234-0110 Authorization to Operate a Wigwam Burner (10/14/99)
234-0120 Emission and Operation Standards for Wigwam Waste Burners (10/
14/99)
234-0130 Monitoring and Reporting (10/14/99)
234-0140 Existing Administrative Agency Orders (10/14/99)

                            Kraft Pulp Mills

234-0200 Statement of Policy and Applicability (10/14/99)
234-0210 Emission Limitations, excluding (1) (10/14/99)
234-0220 More Restrictive Emission Limits (10/14/99)
234-0230 Plans and Specifications (10/14/99)
234-0240 Monitoring, excluding (2) (10/14/99)
234-0250 Reporting, excluding (1) & (2) (10/14/99)
234-0260 Upset Conditions, excluding (3)(a)(A) & (3)(b)(A) (10/14/99)
234-0270 Chronic Upset Conditions (10/14/99)

             Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills

234-0300 Applicability (10/14/99)
234-0310 Emission Limitations, excluding (1) (10/14/99)
234-0320 More Restrictive Emission Limits, excluding (2) (10/14/99)
234-0330 Plans and Specifications (10/14/99)
234-0340 Monitoring, excluding (2) (10/14/99)
234-0350 Reporting, excluding (1) (10/14/99)
234-0360 Upset Conditions, excluding (3)(a)(A) (10/14/99)

                           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)

[[Page 818]]

236-0410 Control Facilities Required (10/14/99)
236-0420 Other Established Air Quality Limitations (10/14/99)
236-0430 Portable Hot Mix Asphalt Plants (10/14/99)
236-0440 Ancillary Sources of Emission--Housekeeping of Plant Facilities 
(10/14/99)

       Division 240--Rules for Areas With Unique Air Quality Needs

240-0010 Purpose (10/14/99)
240-0020 Emission Limitations (7/1/01)
240-0030 Definitions (7/1/01)

  The Medford-Ashland Air Quality Maintenance Area and the Grants Pass 
                            Urban Growth Area

240-0100 Applicability (10/14/99)
240-0110 Wood Waste Boilers (7/1/01)
240-0120 Veneer Dryer Emission Limitations (7/1/01)
240-0130 Air Conveying Systems (Medford-Ashland AQMA Only) (7/1/01)
240-0140 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0150 Hardboard Manufacturing Plants (7/1/01)
240-0160 Wigwam Waste Burners (7/1/01)
240-0170 Charcoal Producing Plants (7/1/01)
240-0180 Control of Fugitive Emissions (Medford-Ashland AQMA Only) (7/1/
01)
240-0190 Requirement for Operation and Maintenance Plans (Medford-
Ashland AQMA Only) (7/1/01)
240-0200 Emission-Limits Compliance Schedules (7/1/01)
240-0210 Continuous Monitoring (7/1/01)
240-0220 Source Testing (7/1/01)
240-0230 New Sources (7/1/01)
240-0240 Rebuilt Boilers (7/1/01)
240-0250 Open Burning (7/1/01)
240-0270 Dual-Fueling Feasibility Study for Wood-Waste Boilers (7/1/01)

                       La Grande Urban Growth Area

240-0300 Applicability (10/14/99)
240-0310 Compliance Schedule for Existing Sources (7/1/01)
240-0320 Wood-Waste Boilers (7/1/01)
240-0330 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0340 Hardboard Manufacturing Plants (7/1/01)
240-0350 Air Conveying Systems (7/1/01)
240-0360 Fugitive Emissions (7/1/01)

                     The Lakeview Urban Growth Area

240-0400 Applicability (7/1/01)
240-0410 Control of Fugitive Emissions (7/1/01)
240-0420 Requirement for Operation and Maintenance Plans (7/1/01)
240-0430 Source Testing (7/1/01)
240-0440 Open Burning (7/1/01)

           Division 242--Rules Applicable to the Portland Area

                    Employee Commute Options Program

242-0010 What is the Employee Commute Options Program? (10/14/99)
242-0020 Who is subject to ECO? (10/14/99)
242-0030 What Does ECO Require? (10/14/99)
242-0040 How does the Department Enforce ECO? (10/14/99)
242-0050 Definitions of Terms used in these Rules (10/14/99)
242-0060 Should All Employees at a Work Site Be Counted? (10/14/99)
242-0070 What are the Major Requirements of ECO? (10/14/99)
242-0080 What are the Registration Requirements? (10/14/99)
242-0090 What are the Requirements for an Employee Survey? (10/14/99)
242-0100 Special Requirements for Employers Intending to Comply without 
an Approved Plan (10/14/99)
242-0110 What if the Employer Does Not Meet the Target Auto Trip Rate? 
(10/14/99)
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)

[[Page 819]]

242-0280 Participation In the Industrial Emission Management Program 
(10/14/99)
242-0290 What Kind of Records Must Be Kept and For How Long? (10/14/99)

                 Voluntary Maximum Parking Ratio Program

242-0300 What is the Voluntary Parking Ratio Program? (10/14/99)
242-0310 Who can Participate in the Voluntary Parking Ratio Program? 
(10/14/99)
242-0320 Definitions of Terms and Land Uses (10/14/99)
242-0330 How Does a Property Owner Comply with the Voluntary Parking 
Ratio Program? (10/14/99)
242-0340 What are the Incentives for Complying with the Voluntary 
Parking Ratio Program? (10/14/99)
242-0350 Why do I Need A Parking Ratio Permit? (10/14/99)
242-0360 What is Required to Obtain A Parking Ratio Permit? (10/14/99)
242-0370 How is the Parking Ratio Program Enforced? (10/14/99)
242-0380 When will the Department Act on a Submitted Permit Application? 
(10/14/99)
242-0390 What are the Applicable Parking Ratios? (10/14/99)

                 Industrial Emission Management Program

242-0400 Applicability (10/14/99)
242-0410 Definition of Terms (10/14/99)
242-0420 Unused PSEL Donation Program (10/14/99)
242-0430 Industrial Growth Allowances (10/14/99)
242-0440 Industrial Growth Allowance Allocation (10/14/99)

    Gasoline Vapors From Gasoline Transfer and Dispensing Operations

242-0500 Purpose and Applicability (10/14/99)
242-0510 Definitions (10/14/99)
242-0520 General Provisions (10/14/99)

                        Motor Vehicle Refinishing

242-0600 Applicability (10/14/99)
242-0610 Definitions (10/14/99)
242-0620 Requirements for Motor Vehicle Refinishing in Portland AQMA 
(10/14/99)
242-0630 Inspecting and Testing Requirements (10/14/99)

                               Spray Paint

242-0700 Applicability (10/14/99)
242-0710 Definitions (10/14/99)
242-0720 Spray Paint Standards and Exemptions (10/14/99)
242-0730 Requirements for Manufacture, Sale, and Use of Spray Paint (10/
14/99)
242-0740 Recordkeeping and Reporting Requirements (10/14/99)
242-0750 Inspection and Testing Requirements (10/14/99)

                      Area Source Common Provisions

242-0760 Applicability (10/14/99)
242-0770 Compliance Extensions (10/14/99)
242-0780 Exemption from Disclosure to the Public (10/14/99)
242-0790 Future Review (10/14/99)

                    Division 250--General Conformity

250-0010 Purpose (10/14/99)
250-0020 Applicability (10/14/99)
250-0030 Definitions (10/14/99)
250-0040 Conformity Analysis (10/14/99)
250-0050 Reporting Requirements (10/14/99)
250-0060 Public Participation (10/14/99)
250-0070 Frequency of Conformity Determinations (10/14/99)
250-0080 Criteria for Determining Conformity of General Federal Actions 
(10/14/99)
250-0090 Procedures for Conformity Determinations for General Federal 
Actions (10/14/99)
250-0100 Mitigation of Air Quality Impacts (10/14/99)

                 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)

[[Page 820]]

252-0200 Criteria & Procedures: Emission Reductions in Areas Without 
Motor Vehicle Emissions Budgets, except (6)(c) (10/14/99)
252-0210 Consequences of Control Strategy Implementation Plan Failures, 
except (1)(b) (10/14/99)
252-0220 Requirements for Adoption or Approval of Projects by Other 
Recipients of Funds Designated under Title 23 U.S.C. or the Federal 
Transit Laws, except (1)(a) & (2) (10/14/99)
252-0230 Procedures for Determining Regional Transportation-Related 
Emissions (10/14/99)
252-0240 Procedures for Determining Localized CO and PM-10 
Concentrations (Hot-Spot Analysis) (10/14/99)
252-0250 Using the Motor Vehicle Emissions Budget in the Applicable 
Implementation Plan (or Implementation Plan Submission), except (2) (10/
14/99)
252-0260 Enforceability of Design Concept and Scope and Project-Level 
Mitigation and Control Measures (10/14/99)
252-0270 Exempt Projects (10/14/99)
252-0280 Projects Exempt from Regional Emissions Analyses (10/14/99)
252-0290 Traffic Signal Synchronization Projects (10/14/99)

             Division 258--Motor Vehicle Fuel Specifications

258-0010 Definitions (10/14/99)

                           Oxygenated Gasoline

258-0100 Policy (10/14/99)
258-0110 Purpose and General Requirements (10/14/99)
258-0120 Sampling & Testing for Oxygen Content (10/14/99)
258-0130 Compliance Options (10/14/99)
258-0140 Per Gallon Oxygen Content Standard (10/14/99)
258-0150 Average Oxygen Content Standard (10/14/99)
258-0160 Minimum Oxygen Content (10/14/99)
258-0170 Oxygenated Gasoline Blending (10/14/99)
258-0180 Registration (10/14/99)
258-0190 CAR, Distributor and Retail Outlet Operating Permits (10/14/99)
258-0200 Owners of Gasoline at Terminals, Distributors and Retail 
Outlets Required to Have Indirect Source Operating Permits (10/14/99)
258-0210 Recordkeeping (10/14/99)
258-0220 Reporting (10/14/99)
258-0230 Prohibited Activities (10/14/99)
258-0240 Inspection and Sampling (10/14/99)
258-0250 Liability for Violation of a Prohibited Activity (10/14/99)
258-0260 Defenses for Prohibited Activities (10/14/99)
258-0270 Inability to Produce Conforming Gasoline Due to Extraordinary 
Circumstances (10/14/99)
258-0280 Quality Assurance Program (10/14/99)
258-0290 Attest Engagements Guidelines when Prohibited Activities 
Alleged (10/14/99)
258-0300 Dispenser Labeling (10/14/99)
258-0310 Contingency Provision for Carbon Monoxide Nonattainment Areas 
(10/14/99)

                    Standard for Automotive Gasoline

258-0400 Reid Vapor Pressure for Gasoline (10/14/99)

                  Division 262--Residential Woodheating

262-0010 Purpose (10/14/99)
262-0020 Definitions (10/14/99)

                             Woodstove Sales

262-0030 Requirements for Sale of Woodstoves (10/14/99)
262-0040 Exemptions (10/14/99)

                     Woodstove Certification Program

262-0100 Applicability (10/14/99)
262-0110 Emissions Performance Standards and Certification (10/14/99)
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)

[[Page 821]]

266-0080 Burning by Public Agencies (Training Fires) (10/14/99)
266-0090 Preparatory Burning (10/14/99)
266-0100 Experimental Burning (10/14/99)
266-0110 Emergency Burning, Cessation (10/14/99)
266-0120 Propane Flaming (10/14/99)
266-0130 Stack Burning (10/14/99)

                Division 268--Emission Reduction Credits

268-0010 Applicability (7/1/01)
268-0020 Definitions (10/14/99)
268-0030 Emission Reduction Credits (7/1/01)

          3.2 Lane Regional Air Pollution Authority Regulations

    (LRAPA effective date)/EPA SIP effective date
    Title 11 Policy and General Provisions
    11-005 Policy (10-9-79)/11-8-93
    11-010 Construction and Validity (10-9-79)/11-8-93

              Title 12 Definitions (3-8-94)/October 2, 2001

       Title 16 Home Wood Heating Curtailment Program Enforcement

    16-001 Purpose (7-13-93)/10-24-94
    16-010 Definitions (7-13-93)/10-24-94
    16-100 Civil Penalty Schedule (7-13-93)/10-24-94
    16-110 Classification of Violations (7-13-93)/10-24-94
    16-120 Notice of Violation (7-13-93)/10-24-94
    16-130 Appeal of Civil Penalty (7-13-93)/10-24-94
    16-140 Conducting Contested Case Evidentiary Hearings (7-13-93)/10-
24-94
    16-150 Evidentiary Rules (7-13-93)/10-24-94
    16-160 Final Orders (7-13-93)/10-24-94
    16-170 Default Orders (7-13-93)/10-24-94
Title 30 Incinerator Regulations
    30-005 Purpose and Applicability (3-8-94)/October 2, 2001
    30-010 Definitions (3-8-94)/October 2, 2001
    30-015 Best Available Control Technology for Solid and Infectious 
Waste Incinerators (3-8-94)/October 2, 2001
    30-020 Emission Limitations for Solid and Infectious Waste 
Incinerators *except for sections (2) & (8) (3-8-94)/October 2, 2001
    30-025 Design and Operation for Solid and Infectious Waste 
Incinerators *except for section (9) (3-8-94)/October 2, 2001
    30-030 Continuous Emission Monitoring for Solid and Infectious Waste 
Incinerators *except for sections (1)(I) & (2)(E) (3-8-94)/October 2, 
2001
    30-035 Reporting and Testing for Solid and Infectious Waste 
Incinerators (3-8-94)/October 2, 2001
    30-040 Compliance for Solid and Infectious Waste Incinerators (3-8-
94)/October 2, 2001
    30-045 Emission Limitations of Crematory Incinerators *except for 
section (3) (3-8-94)/October 2, 2001
    30-050 Design and Operation of Crematory Incinerators (3-8-94)/
October 2, 2001
    30-055 Monitoring and Reporting for Crematory Incinerators (3-8-94)/
October 2, 2001
    30-060 Compliance of Crematory Incinerators (3-8-94)/October 2, 2001
Title 32 Emission Standards
    32-001 Definitions (11-10-94)/October 2, 2001
    32-005 Highest and Best Practicable Treatment and Control Required 
(11-10-94)/October 2, 2001
    32-006 Pollution Prevention (11-10-94)/October 2, 2001
    32-007 Operating and Maintenance Requirements (11-10-94)/October 2, 
2001
    32-008 Typically Achievable Control Technology (TACT) (11-10-94)/
October 2, 2001
    32-009 Additional Control Requirements for Stationary Sources of Air 
Contaminants (11-10-94)/October 2, 2001
    32-010 Visible Air Contaminant Limitations (11-10-94)/October 2, 
2001
    32-015 Particulate Matter Weight Standards (11-10-94)/October 2, 
2001
    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),

[[Page 822]]

(8)(C)(1)(a), & (8)(C)(2)(a) (11-10-94)/October 2, 2001
    33-075 Hot Mix Asphalt Plants (11-10-94)/October 2, 2001
    Title 34 Stationary Source Rules and Permitting Procedures
    34-001 General Policy and Rule Organization (6-13-00)/October 2, 
2001
    34-005 Definitions (6-13-00)/October 2, 2001

               Rules Applicable to All Stationary Sources

    34-010 Applicability (6-13-00)/October 2, 2001
    34-015 Request for Information (6-13-00)/October 2, 2001
    34-020 Information Exempt from Disclosure (6-13-00)/October 2, 2001
    34-030 Source Registration (6-13-00)/October 2, 2001
    34-040 Compliance Schedules for Existing Sources Affected by New 
Rules (6-13-00)/October 2, 2001

 Rules Applicable to Sources Required To Have ACDP or Title V Operating 
                                 Permits

    34-050 Applicability (6-13-00)/October 2, 2001
    34-060 Plant Site Emission Limit Rules (6-13-00)/October 2, 2001 
*except for sections (6) and (8)
    34-070 Sampling, Testing and Monitoring of Air Contaminant Emissions 
(6-13-00)/October 2, 2001

 Rules Applicable to Sources Required To Have Air Contaminant Discharge 
                             Permits (ACDP)

    34-090 Purpose and Applicability (6-13-00)/October 2, 2001
    34-100 Permit Categories (6-13-00)/October 2, 2001
    34-110 Permit Required (6-13-00)/October 2, 2001
    34-120 Synthetic Minor Sources (6-13-00)/October 2, 2001
    34-130 General Procedures for Obtaining ACDP Permits (6-13-00)/
October 2, 2001
    34-140 Permit Duration (6-13-00)/October 2, 2001
    34-150 ACDP Fees (6-13-00)/October 2, 2001
    Table A Air Contaminant Sources and Associated Fee Schedule (6-13-
00)/October 2, 2001
Title 38 New Source Review
    38-001 General Applicability (2-13-90)/11-8-93
    38-005 Definitions (2-13-90)/11-8-93
    38-010 General Requirements for Major Sources and Major 
Modifications (2-13-90)/11-8-93
    38-015 Additional Requirements for Major Sources or Major 
Modifications Located in Nonattainment Areas (2-13-90)/11-8-93
    38-020 Additional Requirements for Major Sources or Major 
Modifications in Attainment or Unclassified Areas (Prevention of 
Significant Deterioration) (2-13-90)/11-8-93
    38-025 Exemptions for Major Sources and Major Modifications (2-13-
90)/11-8-93
    38-030 Baseline for Determining Credits for Offsets (2-13-90)/11-8-
93
    38-035 Requirements for Net Air Quality Benefit for Major Sources 
and Major Modifications (2-13-90)/11-8-93
    38-040 Emission Reduction Credit Banking (2-13-90)/11-8-93
    38-045 Requirements for Non-Major Sources and Non-Major 
Modifications (2-13-90)/11-8-93
    38-050 Stack Height and Dispersion Techniques (2-13-90)/11-8-93

    Title 39 Contingency for PM10 Sources in Eugene-Springfield Non-
                             Attainment Area

    39-001 Purpose (11-13-91)/10-24-94
    39-005 Relation to Other Rules (11-13-91)/10-24-94
    39-010 Applicability (11-13-91)/10-24-94
    39-015 Definitions (11-13-91)/10-24-94
    39-020 Compliance Schedule for Existing Sources (11-13-91)/10-24-94
    39-025 Wood-Waste Boilers (11-13-91)/10-24-94
    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

[[Page 823]]

    Table I Air Pollution Episode, Alert Condition Emission Reduction 
Plan (7-12-88)/11-8-93
    Table II Air Pollution Episode, Warning Conditions Emission 
Reduction Plan (7-12-88)/11-8-93

 3.3 OAR Chapter 629-43-043 Smoke Management Plan Administrative Rules 
                               (12-12-86)

          4. Control Strategies for Nonattainment Areas (1-86)

    4.1 Portland-Vancouver AQMA-Total Suspended Particulate (12-19-80)
    4.2 Portland-Vancouver AQMA-Carbon Monoxide (7-16-82)
    4.3 Portland-Vancouver AQMA-Ozone (7-16-82)
    4.4 Salem Nonattainment Area-Carbon Monoxide (7-79)
    4.5 Salem Nonattainment Area-Ozone (9-19-80)
    4.6 Eugene-Springfield AQMA-Total Suspended Particulate (1-30-81)
    4.7 Eugene-Springfield AQMA-Carbon Monoxide (6-20-79)
    4.8 Medford-Ashland AQMA-Ozone (1-85)
    4.9 Medford-Ashland AQMA-Carbon Monoxide (8-82)
    4.10 Medford-Ashland AQMA-Particulate Matter (4-83)
    4.11 Grants Pass Nonattainment-Carbon Monoxide (10-84)

   5. Control Strategies for Attainment and Nonattainment Areas (1-86)

    5.1 Statewide Control Strategies for Lead (1-83)
    5.2 Visibility Protection Plan (10-24-86)
    5.3 Prevention of Significant Deterioration (1-86)

                6. Ambient Air Quality Monitoring Program

    6.1 Air Monitoring Network (1-86)
    6.2 Data Handling and Analysis Procedures (1-86)
    6.3 Episode Monitoring (1-86)

                     7. Emergency Action Plan (1-86)

                      8. Public Involvement (1-86)

                 9. Plan Revisions and Reporting (1-86)

                          Volume 3--Appendices

     Statewide Regulatory Provisions and Administration (Appendix A)

Directive 1-4-1-601 Operational Guidance for the Oregon SmokeManagement 
          Program/Slash Burning Smoke Management Plan (App. A1)
Field Burning Smoke Management Plan (App. A2)
Interagency Memoranda of Understanding Lead Agency Designations (App. 
          A3)
Source Sampling Manual (App. A4)
Air Quality Monitoring Quality Assurance Procedures Manual (App. A5)
Continuous Monitoring Manual (App. A6)

         Control Strategies for Nonattainment Areas (Appendix B)

                    Portland-Vancouver AQMA (App. B1)

Legal Definition of TSP Nonattainment Area Boundaries (App. B1-1)
Carbon Monoxide Monitoring Program (App. B1-2)
Carbon Monoxide Emission Inventories (App. B1-3)
Volatile Organic Compound Emission Inventories (App. B1-4)
Input Factors Used to Develop Motor Vehicle EI's (App. B1-5)

                   Salem Nonattainment Area (App. B2)

Study Area (App. B2-1)
Emission Inventories (App. B2-2)
Existing Programs and Plans (App. B2-3)
Carbon Monoxide Analysis (App. B2-4)

                    Eugene-Springfield AQMA (App. B3)

Unpaved Road Dust Inventory (App. B3-1)
Phase II Work Plans (App. B3-2)

                     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:

[[Page 824]]

    (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]



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

[[Page 825]]

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 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) The EPA approves the portion of Oregon's SIP submitted on June 
28, 2010 (cover letter dated June 23, 2010) addressing the requirements 
of CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 
NAAQS.

[76 FR 80754, Dec. 27, 2011, as amended at 80 FR 2315, Jan. 16, 2015]



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

[[Page 826]]

visibility for the 2006 PM2.5 and 2008 ozone NAAQS.
    (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).
    (d) The EPA approves Oregon's June 28, 2010 submittal as meeting the 
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS.
    (e) The EPA approves Oregon's October 20, 2015 submittal as meeting 
the requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 lead and 
2010 nitrogen dioxide NAAQS.

[77 FR 29905, May 21, 2012, as amended at 78 FR 46516, Aug. 1, 2013; 79 
FR 35695, June 24, 2014; 80 FR 79267, Dec. 21, 2015; 81 FR 30182, May 
16, 2016]



Sec. Sec. 52.1992-52.2019  [Reserved]

[[Page 827]]



                              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 829]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2017)

                      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)
         X  Department of the Treasury (Parts 1000--1099)
        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)

[[Page 830]]

    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       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)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   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)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         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)
       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)

[[Page 831]]

      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    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)

[[Page 832]]

     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)
    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)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Partys 10000--10049)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         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)

[[Page 833]]

        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       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)

[[Page 834]]

         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 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)

[[Page 835]]

        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)

               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)

[[Page 836]]

       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      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)

[[Page 837]]

         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)

                       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)

[[Page 838]]

       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                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) [Reserved]
        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) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 839]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--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)

[[Page 840]]

        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  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)

[[Page 841]]

      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)
         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)

[[Page 842]]

        IV  Office of Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        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  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             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)

[[Page 843]]

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          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)

[[Page 844]]

       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)
         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)

[[Page 845]]

        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         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  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)

[[Page 846]]

         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)
        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)

[[Page 847]]

        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (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 849]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2017)

                                                  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     5, 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
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  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 850]]

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
Career, Technical and Adult Education, Office of  34, IV
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, XIII
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
Defense Contract Audit Agency                     32, I

[[Page 851]]

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
Denali Commission                                 45, IX
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
  Career, Technical and Adult Education, Office   34, IV
       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
  Career, Technical, and Adult Education, Office  34, IV
       of
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
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99

[[Page 852]]

  National Drug Control Policy, Office of         2, XXXVI; 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 853]]

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
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
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, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  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; 5, XXXVI; 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
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI

[[Page 854]]

Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department                               2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  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
  Safety and Enforcement Bureau, Bureau of        30, II
  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
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  2, XXIX; 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 855]]

  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VII
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
Military Compensation and Retirement              5, XCIX
     Modernization Commission
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                    5, C; 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           2, XXXVI; 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 Geospatial-Intelligence Agency           32, I
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 of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      5, IV; 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

[[Page 856]]

National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
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; 5, IV; 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
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
Saint Lawrence Seaway Development Corporation     33, IV

[[Page 857]]

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
  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                               2, X;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
Utah Reclamation Mitigation and Conservation      43, III
   Commission
[[Page 858]]

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
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 859]]



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, 2012 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.

                                  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
    (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

[[Page 860]]

    (c)(27)(i)(H) revised..........................................57915
52.1395 Added......................................................57915
52.1396 Added......................................................57915
52.1420 (d) heading revised; (d) table and (e) table amended.......40168
52.1437 Added......................................................40169
52.1470 Redesignated as 52.1490; new 52.1570 added.................14864
    (c) Table 1 and (e) table amended.......................17340, 50951
    (c) Table 1 amended............................................59327
    (c) Table 7 amended............................................60916
    (c) Table 3 amended............................................64049
    (e) table amended..............................................64745
52.1472 (d), (e) and (f) added.....................................64748
52.1488 (e) added..................................................17341
    (e) revised; (f) added.........................................50951
52.1490 Redesignated from 52.1470..................................14864
52.1491 Added......................................................17341
52.1519 (a)(3) and (4) added.......................................63233
52.1520 (c) table amended....................................5702, 50610
    (c) table, (d) table and (e) table amended..............50607, 66395
    (e) table amended..............................................63233
    (c) table and (e) table amended................................66926
52.1522 (c) removed.................................................5703
52.1534 (f) added..................................................31498
    (g) and (h) added..............................................65627
52.1570 (c)(91) added.................................................21
    (c)(92) added..................................................15265
52.1573 Existing text designated as (a); (b) added....................21
52.1576 Added................................................3151, 17344
    Regulation at 77 FR 3151 withdrawn.............................14697
    Existing text designated as (a); (b) added.....................28785
    Existing text designated as (a); (c) and (d) added; eff. 7-18-
12.................................................................36169
    Correctly revised..............................................47534
52.1582 (n) added..................................................17344
    (n) redesignated as (n)(1); (n)(2) added; eff. 7-18-12.........36169
52.1602 (d) added............................................3151, 28785
    Regulation at 77 FR 3151 withdrawn.............................14697
    (e) added......................................................76871
52.1605 Table amended..........................................21, 15266
52.1606 Revised.......................................................21
52.1620 (c) table amended............................18929, 30901, 65823
    (c) table amended; eff. 8-13-12................................35278
    (c) table and (e) table amended..................58034, 70706, 71128
52.1628 Stayed to 10-15-12.........................................41699
    Stayed from 10-15-12 to 11-29-12...............................64908
52.1634 (c) revised................................................58035
52.1670 (c) table amended...................................11743, 13977
    (c) table, (d) table and (e) table amended.....................51926
52.1678 (f) added..................................................76871
52.1679 Added; eff. 7-18-12........................................36169
52.1683 (f)(2)(viii) added; eff. 7-18-12...........................36170
52.1686 Added......................................................51928
52.1770 (e) table amended.......................3616, 5706, 59338, 62166
    (c) Table 1 amended............................................24384
    (e) table amended; eff. 7-3-12.................................26444
    (e) revised....................................................63238
    (c) table and (e) table amended; eff. 7-27-12..................38191
52.1773 Added.......................................................5706
    Existing text designated as (a); (b) added.....................63238
52.1776 Added; eff. 8-6-12.........................................33658
52.1778 (c) revised................................................23398
52.1779 (b) added..................................................13494
52.1820 (c) table and (e) table amended; (d) table revised.........20941
    (e) table amended..............................................57031
    (c) table amended..............................................64736
52.1825 Added......................................................20944
52.1833 Added......................................................57032
52.1870 (c)(155) added.............................................39180
    (c)(42), (51), (98)(i) and (119)(i)(A) revised; (c)(156) added
                                                                   59754
    Regulation at 77 FR 59754 withdrawn............................70122
52.1880 (r) added..................................................28265
    (p)(2) and (q)(2) added........................................76896
52.1886 Added; eff. 8-6-12.........................................33658
52.1891 (c) added..................................................65488
52.1920 (e) table amended...........................................3934
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

[[Page 861]]

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
    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

[[Page 862]]

52.1974 Redesignated from 52.1970..................................74015
    Heading and (a) amended........................................74040
52.1991 Undesignated text redesignated as (a); (b) added...........46516

                                  2014

40 CFR
                                                                   79 FR
                                                                    Page
Chapter I
52.1020 (c) table amended; eff. 8-25-14............................35698
    (c) table amended..............................................65589
52.1023 (j) added..................................................43955
52.1070 (c) table amended..........................................38791
    (e) table amended....40665, 41438, 60084, 62018, 70099, 75033, 75037
52.1081 (d) added..................................................60084
    (e) added......................................................75033
    (f) added......................................................75037
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
    (e) table amended..............................................41442
52.1186 (c)(1) introductory text, (2), (3) and (4) amended; 
        interim....................................................71671
52.1187 (b)(1) introductory text and (2) amended; interim..........71671
52.1220 (e) table amended..........................................41442
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, 41900, 41910, 49000, 
                                              52566, 62846, 62859, 65348
    (e) table amended..............................................48995
    (d) table and (e) table amended................................62574
    Regulation at 79 FR 65348 withdrawn............................78309
52.1370 (c)(72)(i)(A) revised......................................69375
52.1420 (c) table amended..........................................45110
    (e) table amended..............................................62843
52.1470 (e) table amended..........................................15702
    (b) and (c) revised............................................35052
    (c) Table 3 and (e) table amended..............................60080
    (c) Table 3 amended............................................62351
    (c) Table 1 amended............................................62851
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
    (c) table and (d) table amended................................49462
52.1528 (e) added..................................................13256
52.1584 (c)(1) introductory text, (2), (3) and (4) amended; 
        interim....................................................71671
52.1585 (b)(1) introductory text and (2) amended; interim..........71671
52.1620 (c) table amended...........................................9100
    (e) table amended..............................................41904
    (d) table and (e) table amended................................60992
52.1628 Removed....................................................60985
52.1629 Removed....................................................60993
52.1670 (c) table amended..........................................12084
    (e) table amended.................................21860, 31046,54619
    (c) table amended..............................................43945
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
    (c) Table 1 correctly amended..................................66655
    (c) Table 1 and (e) table amended..............................69056
52.1772 (a) revised................................................30051
52.1778 (c) revised................................................30051
52.1780 Removed....................................................30051
52.1783 Revised....................................................30051
52.1820 (c) table amended..........................................25023
    (c) table amended..............................................63047
52.1870 (c)(161) added.............................................64122
52.1891 (d) added..................................................19001
    (e) and (f) added..............................................60077
    (g) added......................................................62021
52.1893 Added......................................................43660
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

[[Page 863]]

                                  2015

40 CFR
                                                                   80 FR
                                                                    Page
Chapter I
52.1020 (c) table amended...................................61118, 73122
52.1070 (e) table amended...................................19218, 76862
    (e) table amended; eff. 7-13-15................................27258
    (c) table amended; eff. 7-9-15.................................32474
    (c) table amended..................38404, 39969, 40921, 45892, 59056
52.1075 (o) added; eff. 7-13-15....................................27258
    (o) revised....................................................43628
52.1076 (aa) and (bb) added........................................19219
52.1082 (h) added..................................................29972
    (i) added......................................................30946
52.1120 (c)(142) added.............................................61106
    (c)(143) added.................................................76230
52.1167 Table amended.......................................61106, 76230
52.1170 (c) table amended...................................21186, 52400
    (c) table amended; eff. 8-3-15.................................31308
    (e) table amended................................51140, 61317, 63453
52.1188 Added......................................................43960
52.1220 (e) table amended..........................................63450
52.1237 (f) added..................................................76865
52.1238 Added......................................................51131
52.1270 (e) table amended..............11133, 14023, 16568, 37988, 48258
    (c) table amended.......................................11893, 57731
    (e) table amended.......................................14023, 16568
52.1272 (b) added..................................................11133
    (c) added......................................................16568
52.1320 (c) table amended......11326, 11579, 14314, 16566, 49916, 55547, 
                                                                   69604
    (c) table amended; eff. 7-6-15.................................31846
    (b) through (e) revised........................................46805
    (e) table amended.......................................51135, 59614
    (c) table and (d) table amended................................52194
52.1326 (a)(3) and (b)(3) added....................................51136
52.1342 (c) added...................................................9209
52.1370 (c)(74) added...............................................4795
    Redesignated as 52.1397; new 52.1370 added.....................22911
    (c) table and (e) table amended................................50584
52.1373 (b) revised................................................16573
    (c) revised....................................................17333
52.1374 (c) added..................................................40912
52.1397 Redesignated from 52.1370; heading and (a) revised.........22911
52.1420 (b) through (e) revised....................................38970
    (c) table and (e) table amended................................51954
    (e) table amended.......................................55267, 55272
52.1428 (c) added..................................................55272
52.1429 (c) added..................................................55272
52.1470 (e) table amended...................................67662, 76234
52.1471 Revised....................................................67663
52.1472 (h), (i) and (j) added.....................................67663
52.1475 Removed....................................................67663
52.1476 (a) removed................................................76235
52.1519 (a)(5) added...............................................57724
    (a)(3) and (4) removed; (a)(6) through (10) added..............78139
52.1520 (c) table amended..........................................57724
    (c) table and (e) table amended................................78139
52.1521 Table revised..............................................78141
52.1620 (c) table amended.........3884, 5475, 7344, 26190, 40915, 43966, 
                                                            52402, 69876
    Regulation at 80 FR 5475 withdrawn.............................15901
    Regulation at 80 FR 7344 withdrawn.............................19020
    (c) table and (e) table amended; eff. 7-13-15..................33192
    (c) table amended; eff. 7-20-15................................34836
    (e) table amended; eff. 7-24-15................................36247
    (e) tables amended...............................61752, 63435, 75637
52.1670 (e) table amended; eff. 7-13-15............................33425
    (e) table amended..............................................30940
52.1770 Regulation at 79 FR 69056 withdrawn.........................2612
    (c) Table 1 and (e) table amended...............................6457
    (e) table amended...........12344, 22111, 44869, 44881, 67646, 68457
    (c) Table 1 amended............................................42735
52.1773 (a) removed; (b) and (c) redesignated as new (a) and (b) 
                                                                   67647
52.1820 (d) table amended; eff. 8-31-15............................37160
    (b) through (e) revised........................................76212
52.1833 (d) added..................................................60541
52.1870 (c)(107) removed; eff.7-27-15..............................29970
    (c)(162) added; eff. 8-24-15...................................36480
    Redesignated as 52.1894; added.................................69606
52.1880 (u) added..................................................11136
52.1881 (b) removed; CFR correction................................34538
52.1885 (ll) added.................................................11136
52.1890 Removed....................................................69619
52.1891 (e), (f) and (g) revised; (h) added........................10596
    (h) revised....................................................48743
    Removed........................................................69619
52.1892 (f) added; eff. 7-27-15....................................29968
52.1894 Redesignated from 52.1870..................................69606
    Heading and (a) revised........................................69619
52.1919 Removed....................................................69619

[[Page 864]]

52.1920 (c) table amended..........................................67650
52.1970 (e) table amended...................................44867, 45435
    (c) tables amended......................................51472, 65659
    (c) table and (e) table amended................................64350
52.1990 (b) added...................................................2315
52.1991 (d) added..................................................79267

                                  2016

40 CFR
                                                                   81 FR
                                                                    Page
Chapter I
Policy statement...................................................43492
52 State implementation plan determinations.........46612, 47040, 48348, 
                                       57461, 63104, 66189, 69396, 95884
52.1020 (c) table and (e) table amended; eff. 7-25-16..............33397
    (c) table amended..............................................50357
    (e) table amended..............................................70632
52.1070 (c) table amended..............26135, 50338, 59488, 78051, 94261
    (e) table amended..............................................50362
    Regulation at 81 FR 50338 withdrawn............................63701
52.1075 (p) added..................................................50362
52.1076 (cc) and (dd) added........................................50362
52.1084 Amended....................................................74586
    (b) revised....................................................74596
52.1085 Amended....................................................74586
52.1119 (a)(3), (4) and (5) added..................................93630
52.1120 (c)(144) added.............................................85900
    (c)(145), (146) and (147) added................................93630
52.1129 (k) added..................................................26709
52.1160 Removed....................................................93630
52.1167 Table amended.......................................85901, 93631
52.1170 (b) through (e) revised....................................41820
    (c) table amended..............................................91840
52.1183 (k) through (n) revised; (p) added.........................21681
52.1186 Regulation at 79 FR 71671 confirmed........................13279
    Amended........................................................74586
    (d)(1) amended; (e) revised....................................74597
52.1187 Regulation at 79 FR 71671 confirmed........................13279
    Amended........................................................74586
    (c)(1) and (2) amended.........................................74597
52.1220 (d) table amended...........................................4886
    (d) table amended; eff. 8-8-16.................................37164
    (d) table amended; eff. 8-26-16................................41450
52.1235 (b)(1)(ii), (iv), (v), (2)(iv), (c), (d) and (e) revised; 
        (f) added..................................................21687
52.1236 (e) added..................................................11670
52.1240 Amended....................................................74586
    (c)(1) amended.................................................74597
52.1241 Amended....................................................74586
    (c)(1) amended.................................................74597
52.1270 (c) table amended...........................................1321
    (e) table amended..................20545, 63707, 67178, 89393, 93824
52.1272 (d) added..................................................63707
    (e) added......................................................67178
52.1273 Added......................................................26709
52.1279 (b) added..................................................33140
52.1284 Revised....................................................74597
52.1320 (e) table amended..............................1890, 9350, 50353
    (c) table amended.................................2091, 67917, 70028
    (d) table amended...............................................4888
    Heading revised; (c) table amended; eff. 8-12-16...............41845
    (d)(31) and (e)(71) added......................................65898
52.1326 Amended....................................................74586
    (a)(1) removed; (b) revised....................................74598
52.1327 Amended....................................................74586
52.1342 (d) added; eff. 8-26-16....................................41446
52.1370 (c) table and (e) table amended............................23186
    (e) table amended..............................................28719
52.1393 (c) added...................................................7708
52.1398 Added......................................................28720
52.1420 (e) table amended...........................................1123
    (c) table amended.......................................69695, 70025
52.1428 Amended....................................................74586
    (a) amended; (c) removed.......................................74598
52.1429 Amended....................................................74586
    (a) amended; (c) removed.......................................74598
52.1470 (c) table amended...........................................1884
    (e) table amended..............................................59498
52.1519 (a)(11) added..............................................44553
52.1520 (e) table amended...................................44553, 70632
    (c) table amended.......................................53928, 78054
    (d) table amended..............................................59141
    (c) table and (e) table amended................................70361
52.1521 Table amended..............................................44554
52.1534 (j) added; eff. 7-22-16....................................32239
52.1576 (d) removed................................................26709
52.1581 (f) added; eff. 8-1-16.....................................43097
52.1582 (p) added..................................................26709
52.1584 Regulation at 79 FR 71671 confirmed........................13279
    Amended........................................................74586
    (e) revised....................................................74598
52.1585 Regulation at 79 FR 71671 confirmed........................13279
    Amended........................................................74586
52.1586 (b) added, (c) reserved....................................64072
52.1620 (e) table amended..............................7977, 7981, 12599

[[Page 865]]

52.1622 Revised....................................................32241
52.1670 (b), (c) and (d) revised...................................23169
    (e) table amended..............................................58854
    (c) table and (e) table amended................................95049
52.1679 (b) revised................................................26710
52.1683 (f)(2)(v) revised; (n) added...............................26710
    (o) added......................................................58855
52.1684 Amended....................................................74586
    (a)(1) amended; (b) revised....................................74598
52.1685 Amended....................................................74586
    (a) amended....................................................74599
52.1770 (e) table amended..............24497, 32654, 58401, 65288, 70969
    (e) table amended; eff. 7-5-16.................................35636
    (c) table amended..............................................45422
    (c) table and (e) table amended................................63111
52.1773 Removed....................................................63112
52.1776 Removed....................................................32654
52.1779 (c) added..................................................26710
52.1784 Amended....................................................74586
    (a)(1) amended; (b)(1) revised; (b)(2) removed.................74599
52.1785 Amended....................................................74586
    (a) amended....................................................74599
52.1820 (c) table amended..........................................72718
52.1829 (c) and (d) removed........................................72720
52.1833 (e) added...................................................7708
52.1870 (d) table amended..........................................11447
    (e) table amended; eff. 7-15-16................................38963
    (e) table amended.......................................64074, 83159
    (c) table amended..............................................71633
52.1881 (a)(16) added..............................................83160
52.1882 Amended....................................................74586
    (b) revised....................................................74599
52.1883 Amended....................................................74586
52.1885 (mm) added.................................................12595
    (nn) added.....................................................26710
    (oo) added; eff. 8-26-16.......................................41447
    (ff) introductory text revised; (pp) added.....................91036
    (pp)(2) added..................................................93633
52.1892 (g) added; eff. 8-26-16....................................41447
52.1920 (e) table amended.....................................349, 89010
    (c) table amended..............................................66535
52.1922 Revised.............................................32241, 74922
52.1928 (a)(3) and (4) revised; (a)(5) added.........................349
52.1929 (c) removed................................................66538
52.1930 Revised....................................................74599
52.1970 (c) table and (e) table amended; eff. 7-6-16...............36178
    (e) table amended..............................................47032
    (c) table amended..............................................72716
52.1991 (e) added..................................................30182

                                  2017

   (Regulations published from January 1, 2017, through July 1, 2017)

40 CFR
                                                                   82 FR
                                                                    Page
Chapter I
52 Actions on petitions...............................................22
    State implementation plan determinations..................7695, 9158
    National ambient air quality standards.........................24859
    State implementation plan determinations; interim..............25203
52.1020 (e) table amended..........................................17126
    (c) table amended..............................................20259
    (d) table amended..............................................21311
52.1033 (a) and (c) removed.........................................3129
52.1070 (c) table correctly revised................................22291
    (c) table amended.......................................21213, 24548
    (b) revised; (c) and (d) amended...............................24551
52.1170 Regulation at 81 FR 91840 eff. date delayed to 3-21-17......8499
    (c) table correctly amended....................................16919
    (e) table amended; eff. 7-31-17................................24870
52.1173 (l) added..................................................17135
52.1179 (c) added..................................................17136
52.1183 (b) revised; (a) and (c) removed............................3129
52.1188 (b) and (c) added; eff. 7-31-17............................24870
52.1220 (d) table amended...................................13234, 16923
52.1236 (b) revised; (c) removed....................................3129
52.1320 (c) table amended..........................................15300
    (c) table correctly amended; eff. 7-31-17......................29426
52.1339 (b) removed.................................................3129
52.1370 (c) table amended; eff. 8-29-17............................24855
52.1387 (b) removed.................................................3129
52.1470 (e) table amended....................................9165, 13242
    (e) table amended; eff. 7-7-17.................................26354
    (c) table 3 and table 7 amended; eff 7-17-17...................27624
52.1472 (h) revised.................................................9166
52.1488 (b) revised; (c) removed....................................3129
52.1519 (a)(5) through (11) correctly removed; eff. 7-24-17........24061
52.1520 (e) table amended..........................................17126
    (e) table correctly revised....................................21123
    (c) table and (e) table correctly amended; eff. 7-24-17........24061

[[Page 866]]

52.1531 (b) revised; (c) removed....................................3129
52.1620 (c) table amended..........................................14463
    (e) table amended; eff. 7-14-17................................27133
    (c) table and (e) table amended; eff. 7-31-17..................29423
52.1670 Regulation at 81 FR 95049 eff. date delayed to 3-21-17......8499
52.1770 (e) table amended..........................................16925
    (c) table amended..............................................17145
    (c) table 1 amended; eff. 7-11-17..............................22088
52.1870 (c) table amended..........................................16934
    (e) table amended; eff. 7-31-17................................24877
52.1880 (q)(1) revised; (v) added..................................16940
52.1885 (pp)(3) added...............................................1605
52.1893 (c), (d) and (e) added; eff. 7-31-17.......................24877
52.1920 (c) table revised..........................................22284
    (e) table amended; eff. 7-14-17................................27122


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