[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2018 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, 2018

Containing a codification of documents of general
applicability and future effect

As of July 1, 2018
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........................ 857
Alphabetical List of Agencies Appearing in the CFR...... 877
List of CFR Sections Affected........................... 887

[[Page iv]]

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

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

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

[[Page v]]

EXPLANATION

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

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

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

LEGAL STATUS

The contents of the Federal Register are required to be judicially
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evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

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OMB CONTROL NUMBERS

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

[[Page vi]]

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

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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
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INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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What if the material incorporated by reference cannot be found? If
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this volume.

[[Page vii]]

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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2018

[[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, 2018.

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)

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Part

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

[[Page 3]]

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

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

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

[[Page 5]]

SUBCHAPTER C_AIR PROGRAMS (CONTINUED)

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

Subpart U_Maine

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

Subpart V_Maryland

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

Subpart W_Massachusetts

52.1119 Identification of plan--conditional approval.
52.1120 Identification of plan.
52.1121 Classification of regions.
52.1122 [Reserved]
52.1123 Approval status.
52.1124 Review of new sources and modifications.
52.1125 Emission inventories.
52.1126 Control strategy: Sulfur oxides.
52.1127 Attainment dates for national standards.
52.1128 Transportation and land use controls.
52.1129 Control strategy: Ozone.
52.1130 [Reserved]
52.1131 Control strategy: Particulate matter.
52.1132 Control strategy: Carbon Monoxide.
52.1133 [Reserved]
52.1134 Regulation limiting on-street parking by commuters.
52.1135 Regulation for parking freeze.
52.1136-52.1144 [Reserved]
52.1145 Regulation on organic solvent use.
52.1146 [Reserved]
52.1147 Federal compliance schedules.
52.1148-52.1158 [Reserved]
52.1159 Enhanced motor vehicle inspection and maintenance.
52.1160 [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 Original identification of plan section.
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.

[[Page 6]]

52.1172 Approval status.
52.1173 Control strategy: Particulates.
52.1174 Control strategy: Ozone.
52.1175 Compliance schedules.
52.1176 Review of new sources and modifications. [Reserved]
52.1177-52.1178 [Reserved]
52.1179 Control Strategy: Carbon Monoxide.
52.1180 Significant deterioration of air quality.
52.1181 Interstate pollution.
52.1182 State boards.
52.1183 Visibility protection.
52.1184 Small business stationary source technical and environmental
compliance assistance program.
52.1185 Control strategy: Carbon monoxide.
52.1186 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1187 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1188 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.
52.1343 Control strategy: Sulfur dioxide.

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.

[[Page 7]]

52.1396 Federal implementation plan for regional haze.
52.1397 Original identification of plan.
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 [Reserved]
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 Original identification of plan section.
52.1588-52.1600 [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 [Reserved]
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.

[[Page 8]]

52.1623 Conditional approval.
52.1624-52.1626 [Reserved]
52.1627 Control strategy and regulations: Carbon monoxide.
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?
52.1686-52.1688 [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 [Reserved]
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]

Effective Date Note: At 83 FR 28160, June 18, 2018, Sec. 52.1019
was amended by adding paragraphs (c), (d), and (e), effective July 18,
2018. For the convenience of the user, the added text is set forth as
follows:

Sec. 52.1019 Identification of plan--conditional approval.

* * * * *

(c) 2008 Ozone National Ambient Air Quality Standards (NAAQS): The
110(a)(2) infrastructure SIP submitted on June 7, 2013, is conditionally
approved for Clean Air Act section 110(a)(2)(E) regarding State Boards
and Conflicts of Interest. On March 1, 2018, the State of Maine
committed to address these requirements.
(d) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on
August 21, 2012, is conditionally approved for Clean Air Act section
110(a)(2)(E) regarding State Boards and Conflicts of Interest. On March
1, 2018, the State of Maine committed to address these requirements.
(e) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on June 7, 2013, is conditionally approved for Clean Air Act
section 110(a)(2)(E) regarding State Boards and Conflicts of Interest.
On March 1, 2018, the State of Maine committed to address these
requirements.

[[Page 10]]

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 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.

[[Page 11]]

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.
Chapter 118.................... Gasoline 1/1/2012 7/14/2017, 82 FR 32480 Includes
Dispensing decommissioning
Facilities Vapor of Stage II
Control. vapor recovery
systems.
Chapter 119.................... Motor Vehicle 7/15/2015 7/19/2017, 82 FR 33012 Requires the sale
Fuel Volatility of federal RFG
Limit. year round and
removes the 7.8
RVP requirement
during the
period of May 1
through
September 15 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 5/19/2015 9/7/2017, 82 FR 42233 Includes LEV II
Emission GHG and ZEV
Standards. provisions, and
Advanced Clean
Cars program
(LEV III,
updated GHG and
ZEV standards).
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.

[[Page 12]]

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.
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.

[[Page 13]]

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.''
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.

[[Page 14]]

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.
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.

[[Page 15]]

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.).
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.

[[Page 16]]

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.
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.
Reckitt Benckiser's Air Wick Alternative 4/23/2013 7/19/2017, 82 FR 33014 Issued pursuant
Air Freshener Single Phase Control Plan. to Chapter 152
Aerosol Spray. Control of
Volatile Organic
Compounds from
Consumer
Products.
----------------------------------------------------------------------------------------------------------------
\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.

[[Page 17]]

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.
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).

[[Page 18]]

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.
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.

[[Page 19]]

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.
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 2/08/2008, 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 2/21/2008, 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).

[[Page 20]]

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).
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).
Demonstration of Compliance York, Cumberland, 4/13/2016 7/14/2017, 82 FR 32480 Emission
with the Comparable Measures and Sagadahoc calculations
Requirement of CAA section Counties. and narrative
184(b)(2). associated with
Stage II
Decommissioning
SIP revision.

[[Page 21]]

Regional Haze 5-Year Progress Statewide........ 2/23/2016 9/19/2017, 82 FR 43699 Progress report
Report. for the first
regional haze
planning period
ending in 2018.
----------------------------------------------------------------------------------------------------------------
\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; 82
FR 32482, July 14, 2017; 82 FR 33013, 33016, July 19, 2017; 82 FR 42235,
Sept. 7, 2017; 82 FR 43701, Sept. 19, 2017]

Effective Date Note: At 83 FR 28160, June 18, 2018, Sec. 52.1020,
paragraph (c) was amended in the table titled ``EPA Approved Maine
Regulations'' by adding two entries to the end of the table, and
paragraph (e) was amended in the table titled ``EPA Approved Maine
Regulations'' by adding three entries to the end of the table, effective
July 18, 2018. For the convenience of the user, the added text is set
forth as follows:

Sec. 52.1020 Identification of plan.

* * * * *

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

* * * * * * *
5 MRSA Section 18................ Disqualification of 7/1/2003 6/18/2018; 83 FR Conflict of
Executive 28157. Interest
Employees from Provisions.
Participation in
Certain Matters.
38 MRSA Section 341-C(7)......... Board Membership 8/11/2000 6/18/2018; 83 FR Conflict of
Conflict of 28157. Interest
Interest. Provisions.
----------------------------------------------------------------------------------------------------------------
\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) * * *

[[Page 22]]

* * * * * * *
Submittal to meet Clean Air State of Maine... 8/21/2012 6/18/2018; 83 FR 28157 This action
Act Section 110(a)(2) addresses the
Infrastructure Requirements following Clean
for the 2008 Lead (Pb) Air Act
National Ambient Air Quality requirements:
Standard. 110(a)(2)(A),
(B), (C), (D),
(E) except for
State Boards,
(F), (G), (H),
(J), (K), (L),
and (M).
Submittal to meet Clean Air State of Maine... 6/7/2013 6/18/2018; 83 FR 28157 This action
Act Section 110(a)(2) addresses the
Infrastructure Requirements following Clean
for the 2008 8-Hour Ozone Air Act
National Ambient Air Quality requirements:
Standard. 110(a)(2)(A),
(B), (C), (D)
except for
D(1), (E)
except for
State Boards,
(F), (G), (H),
(J), (K), (L),
and (M).
Submittal to meet Clean Air State of Maine... 4/23/2013 6/18/2018; 83 FR 28157 This action
Act Section 110(a)(2) addresses the
Infrastructure Requirements following Clean
for the 2010 Nitrogen Dioxide Air Act
(NO2) National Ambient Air requirements:
Quality Standard. 110(a)(2)(A),
(B), (C), (D)
except for
D(1), (E)
except for
State Boards,
(F), (G), (H),
(J), (K), (L),
and (M).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

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]

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.

[[Page 23]]

(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 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.

[[Page 24]]

(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) 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

[[Page 25]]

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]

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

[[Page 26]]

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

[[Page 27]]

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.
109...... Emergency 1/31/72 5/31/72 37 FR 10842...... (b).......
Episode
Regulation.

[[Page 28]]

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 29]]

................ 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 30]]

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 31]]

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 32]]

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 33]]

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 34]]

(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 35]]

(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 36]]

(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 37]]

(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 38]]

(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 39]]

(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 40]]

(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 41]]

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 42]]

(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 43]]

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 44]]

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........... 05/09/2016 7/17/2017, 82 FR 32641 Amends the definition
of ``NOX Ozone
Season Allowance''
in 26.11.01.01B(24-
1).
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 45]]

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 7/20/2015 3/28/2018, 83 FR 13192 1. (c)(106)
Monitoring. Requirement to use
TM 90-01 is removed.
Exceptions: A(4),
B(4), D(2)(c), and
F.
2. Add new subsection
(A)(5).
3. Add new subsection
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 12/10/2015 8/28/2017, 82 FR 40710 Previous Approval 2/
Denying, Revoking, or 27/2003, 68 FR 9012,
Reopening and (c) (182)
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 12/10/2015 8/28/2017, 82 FR 40710 Previous Approval 2/
Obtaining Permits to 27/2003, 68 FR 9012,
Construct Certain (c) (182)
Significant Sources.
26.11.02.12............ Procedures for 12/10/2015 8/28/2017, 82 FR 40710 Previous Approval 8/2/
Obtaining Approvals 2012, 77 FR 45949
of PSD Sources and
NSR Sources, Certain
Permits to Construct,
and Case-by-Case MACT
Determinations in
Accordance with 40
CFR part 63, Subpart
B.
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 46]]

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 47]]

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 7/20/2015 3/28/2018, 83 FR 13192 1. Revise H, H(1) and
Emissions for Major H(3), remove H(2),
Stationary Sources. and recodify H(4) to
H(3).
2. Revise I and
remove I(3) and
I(4).
Previous approval (81
FR 59488).
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 5/9/2016 7/28/2017, 82 FR 35105 Removed reference to
Organic Compounds TM 90-01 from
from Iron and Steel C(3)(b) and added
Production reference to COMAR
Installations. 26.11.01.11.
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).

[[Page 48]]

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).
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 7/17/2017, 82 FR 32641 Amended to clarify
Organic Compounds. volatile organic
compound (VOC)
control system and
requirements at
Kraft pulp mills. (8/
30/2016, 81 FR
59488).
26.11.14.07............ Control of NOX 05/09/2016 7/17/2017, 82 FR 32641 Removed reference to
Emissions from Fuel COMAR 26.11.28 in
Burning Equipment. 26.11.14.07C(1) and
removed the word
``certified'' in
26.11.14.07D(1).
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

[[Page 49]]

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.
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.

[[Page 50]]

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.
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.

[[Page 51]]

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.
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.
----------------------------------------------------------------------------------------------------------------
26.11.29 Control of NOX Emissions from Natural Gas Pipeline Stations
----------------------------------------------------------------------------------------------------------------
26.11.29.01............ Definitions........... 7/20/2015 3/28/2018, 83 FR 13192
26.11.29.02............ Applicability and 7/20/2015 3/28/2018, 83 FR 13192
General Requirements.
26.11.29.03............ Monitoring 7/20/2015 3/28/2018, 83 FR 13192
Requirements.
26.11.29.04............ Demonstrating 7/20/2015 3/28/2018, 83 FR 13192
Compliance.
----------------------------------------------------------------------------------------------------------------

[[Page 52]]

26.11.30 Control of Portland Cement Manufacturing Plants
----------------------------------------------------------------------------------------------------------------
26.11.30.01............ Scope................. 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.02............ Applicability......... 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.03............ Definitions........... 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.04............ Particulate Matter.... 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.05............ Visible Emissions 7/20/2015 3/28/2018, 83 FR 13192
Standards.
26.11.30.06............ Sulfur Compounds...... 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.07............ Nitrogen Oxides (NOX). 7/20/2015 3/28/2018, 83 FR 13192
26.11.30.08............ NOX Continuous 7/20/2015 3/28/2018, 83 FR 13192
Emissions Monitoring
Requirements.
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.
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.

[[Page 53]]

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

[[Page 54]]

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.
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

[[Page 55]]

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

[[Page 56]]

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.
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.

[[Page 57]]

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.
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.
National Gypsum Company (NGC)... Departmental Order 3/11/2016......... 5/14/2018 83 FR The SIP approval
22203. includes specific
alternative
volatile organic
compound emission
limits and other
conditions for
NGC as
established by
the Departmental
Order.
----------------------------------------------------------------------------------------------------------------

(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.

[[Page 58]]

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.
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).

[[Page 59]]

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).
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.
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.

[[Page 60]]

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.
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).

[[Page 61]]

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.
Maryland Regional Haze Plan..... Statewide......... 11/28/2016........ 7/31/2017, 82 FR Establishes the
35451. alternative BART
limits for Verso
Luke Paper Mill
power boiler 24
of 0.28 lb/MMBtu,
measured as an
hourly average
for SO2; and 0.4
lb/MMBtu,
measured on a 30-
day rolling
average for NOX;
and 9,876 SO2 cap
on power boiler
25. Also
incorporates by
reference
monitoring,
recordkeeping and
reporting
requirements.
These
requirements
replace BART
measure
originally
approved on 2/13/
12 for Luke Paper
Mill.
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).
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.

[[Page 62]]

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.
2008 8-Hour Ozone NAAQS The Baltimore Area 5/8/2017.......... 1/29/2018, 83 FR
Nonattainment New Source Review (includes Anne 3982.
Requirements. Arundel,
Baltimore,
Carroll, Harford,
and Howard
Counties and the
city of
Baltimore), the
Philadelphia-
Wilmington-
Atlantic City
Area (includes
Cecil County in
Maryland), and
the Washington,
DC Area (includes
Calvert, Charles,
Frederick,
Montgomery, and
Prince Georges
Counties in
Maryland).
2011 Base Year Emissions Maryland portion 1/19/2017......... 3/1/2018, 83 FR Sec. 52.1075(q).
Inventory for the 2008 8-Hour of the 8752.
Ozone National Ambient Air Philadelphia-
Quality Standard. Wilmington-
Atlantic City, PA-
NJ-DE-MD 2008
ozone
nonattainment
area.
----------------------------------------------------------------------------------------------------------------

[69 FR 69306, Nov. 29, 2004]

[[Page 63]]

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:

----------------------------------------------------------------------------------------------------------------
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).

[[Page 64]]

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

[[Page 65]]

that comprise the inventory are nitrogen oxides (NOX),
volatile organic compounds (VOCs), PM2.5, coarse particles
(PM10), ammonia (NH3), and sulfur dioxide
(SO2).
(m) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Washington County,
Maryland 1997 fine particulate matter (PM2.5) nonattainment
area submitted by the Maryland Department of Environment on June 6,
2008. The 2002 base year emissions inventory includes emissions
estimates that cover the general source categories of point sources,
non-road mobile sources, area sources, on-road mobile sources, and
biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2).
(n) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Baltimore, Maryland
1997 fine particulate matter (PM2.5) nonattainment area
submitted by the Maryland Department of Environment on June 6, 2008. The
2002 base year emissions inventory includes emissions estimates that
cover the general source categories of point sources, non-road mobile
sources, area sources, on-road mobile sources, and biogenic sources. The
pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3), and sulfur
dioxide (SO2).
(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).
(q) EPA approves, as a revision to the Maryland state implementation
plan the 2011 base year emissions inventory for the Maryland portion of
the Philadelphia-Wilmington-Atlantic City marginal nonattainment area
for the 2008 8-hour ozone national ambient air quality standards
submitted by the Maryland Department of the Environment on January 19,
2017, as amended July 20, 2017. The 2011 base year emissions inventory
includes emissions estimates that cover the general source categories of
stationary point, area (nonpoint), nonroad mobile, onroad mobile, and
Marine-Air-Rail (M-A-R). The inventory included actual annual emissions
and typical summer day emissions for the months of May through September
for the ozone precursors, VOC and 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,

[[Page 66]]

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

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

[[Page 67]]

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 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

[[Page 68]]

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 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:

[[Page 69]]

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:

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.

[[Page 70]]

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:

Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area
----------------------------------------------------------------------------------------------------------------
Effective date of adequacy
Type of control strategy SIP Year VOC (TPD) NOX (TPD) 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

[[Page 71]]

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

[60 FR 47084, Sept. 11, 1995]

Sec. 52.1081 Control strategy: Particulate matter.

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

[[Page 72]]

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

(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

[[Page 73]]

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

[[Page 74]]

2013 to 2015, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
marginal ozone nonattainment area has attained the 2008 8-hour ozone
national ambient air quality standard (NAAQS) by the applicable
attainment date of July 20, 2016. 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-Wilmington-Atlantic
City, PA-NJ-MD-DE marginal ozone nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
pursuant to section 181(b)(2)(A).
(k) Based upon EPA's review of the air quality data for the 3-year
period 2013 to 2015, the Washington, DC-MD-VA marginal ozone
nonattainment area has attained the 2008 8-hour ozone national ambient
air quality standard (NAAQS) by the applicable attainment date of July
20, 2016. Therefore, EPA has met the requirement pursuant to Clean Air
Act 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 marginal nonattainment
area will not be reclassified for failure to attain by its applicable
attainment date pursuant to section 181(b)(2)(A).

[77 FR 1413, Jan. 10, 2012, as amended at 77 FR 11741, Feb. 28, 2012; 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; 82 FR
50820, Nov. 2, 2017; 82 FR 52655, Nov. 14, 2017]

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 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

[[Page 75]]

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 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]

[[Page 76]]

Sec. Sec. 52.1111-52.1115 [Reserved]

Sec. 52.1116 Significant deterioration of air quality.

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

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

Sec. 52.1117 Control strategy: Sulfur oxides.

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

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

Sec. 52.1118 [Reserved]

Subpart W_Massachusetts

Sec. 52.1119 Identification of plan--conditional approval.

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

[[Page 77]]

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) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Massachusetts under section 110 of the
Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National
Ambient Air Quality Standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to January
20, 2017, 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 date after January 20, 2017 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 1 certifies that the 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 SIP as of the dates referenced in paragraph
(b)(1).
(3) Copies of the materials incorporated by reference into the SIP
may be inspected at the EPA Region 1 Office, 5 Post Office Square,
Boston, Massachusetts 02109-3912. You may also inspect the material with
an EPA approval date prior to January 20, 2017 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: https://
www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA-approved regulations.

EPA Approved Massachusetts Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date \1\ Explanations
----------------------------------------------------------------------------------------------------------------
310 CMR 6.04................... Standards........ 7/25/1990 10/4/2002, 67 FR 62184 Adopted PM10 as
the criteria
pollutant for
particulates.
310 CMR 7.00................... Definitions...... 1/2/2015 11/29/2016, 81 FR 85897 Approved thirty-
three new or
updated
definitions.
310 CMR 7.00 Appendix A........ Emission Offsets 7/15/1994 and 10/27/2000, 65 FR 64360 Approving 1990
and 4/14/1995 CAAA revisions
Nonattainment and general NSR
Review. permit
requirements.
310 CMR 7.00 Appendix B........ Emission Banking, 8/30/2013 10/9/2015, 80 FR 61101 Approved amended
Trading and language
Averaging. regarding
emissions
averaging
bubbles.

[[Page 78]]

Regulations for the Control of Regulation 1 1/27/1972 5/31/1972, 37 FR 10841
Air Pollution. General
Regulations to
Prevent Air
Pollution.
Regulations for Prevention And/ Regulation 1 8/28/1972 10/28/1972, 37 FR 23085
or Abatement of Air Pollution Introduction.
Episode and Air Pollution
Incident Emergencies.
Regulations for the Control of Regulation 2 2/1/1978 3/15/1979, 44 FR 15703 Regulation 2 is
Air Pollution. Plans Approval now known as 310
and Emission CMR 7.02.
Limitations.
Regulations for Prevention And/ Regulation 2 8/28/1972 10/28/1972, 37 FR 23085
or Abatement of Air Pollution Definitions.
Episode and Air Pollution
Incident Emergencies.
310 CMR 7.02................... Plans Approval 6/6/1994 4/5/1995, 60 FR 17226
and Emission
Limitations.
Regulations for the Control of Regulation 3 6/1/1972 10/28/1972, 37 FR 23085
Air Pollution. Nuclear Energy
Utilization
Facilities.
310 CMR 7.03................... Plan Application 2/17/1993 9/3/1999, 64 FR 48297
Exemption
Construction
Requirements.
Paint Spray
Booths 310 CMR
7.03(13).
Regulations for the Control of Regulation 4 1/27/1972 10/28/1972, 37 FR 23085 Regulation 4 is
Air Pollution. Fossil Fuel now known as 310
Utilization CMR 7.04.
Facilities.
310 CMR 7.04................... U Fossil Fuel 12/28/2007 4/24/2014, 79 FR 22774 Only approved
Utilization 7.04(2) and
Facilities. 7.04(4)(a).
Regulations for the Control of Regulation 5 8/31/1978 3/7/1979, 44 FR 12421 Regulation 5 is
Air Pollution. Fuels. now known as 310
CMR 7.05.
Portions of
Regulation 5
have been
replaced with
the approval of
310 CMR 7.05.
310 CMR 7.05................... Fuels All 9/23/2005 5/29/2014, 79 FR 30741 Removed landfill
Districts. gas from
requirements of
section.
Regulations for the Control of Regulation 6 8/28/1972 10/28/1972, 37 FR 23085 Regulation 6 is
Air Pollution. Visible now known as 310
Emissions. CMR 7.06.
310 CMR 7.07................... Open Burning..... 9/28/1979 6/17/1980, 45 FR 40987
Regulations for the Control of Regulation 8 8/28/1972 10/28/1972, 37 FR 23085 Regulation 8 is
Air Pollution. Incinerators. now known as 310
CMR 7.08.
310 CMR 7.08................... Incinerators. 1/11/1999 9/2/1999, 64 FR 48095
Municipal Waste
Combustors 310
CMR 7.08(2).
Regulations for the Control of Regulation 9 Dust 12/9/1977 9/29/1978, 43 FR 44841 Regulation 9 is
Air Pollution. and Odor. now known as 310
CMR 7.09.
Regulations for the Control of Regulation 10 6/1/1972 10/28/1972, 37 FR 23085 Regulation 10 is
Air Pollution. Noise. now known as 310
CMR 7.10.
Regulations for the Control of Regulation 11 6/1/1972 10/28/1972, 37 FR 23085 Regulation 11 is
Air Pollution. Transportation now known as 310
Media. CMR 7.11. This
regulation
restricts
idling.
310 CMR 7.12................... U Source 12/28/2007 4/24/2014, 79 FR 22774 Approved Section
Registration. 7.12(1) through
7.12(4) with the
except of
7.12(2)(a)(3)
which was not
approved.
Regulations for the Control of Regulation 13 6/1/1972 10/28/1972, 37 FR 23085 Regulation 13 is
Air Pollution. Stack Testing. now known as 310
CMR 7.13.
310 CMR 7.14................... Monitoring 11/21/1986 3/10/1989, 54 FR 10147
Devices and 1/15/1987
Reports.

[[Page 79]]

Regulations for Prevention And/ Regulation 15. 8/28/1972 10/28/1972, 37 FR 23085 Regulation 15 is
or Abatement of Air Pollution Asbestos. now known as 310
Episode and Air Pollution CMR 7.15.
Incident Emergencies.
310 CMR 7.16................... Reduction of 12/31/1978, 9/16/1980, 45 FR 61293
Single-Occupant 5/16/1979
Commuter Vehicle
Use.
310 CMR 7.17................... Conversions to 1/22/1982 6/9/1982, 47 FR 25007
Coal.
310 CMR 7.18................... Volatile and 8/30/2013 10/9/2015, 80 FR 61101 Approved
Halogenated revisions to
Organic 7.18(1)(d) and
Compounds. (f); 7.18(2)(b),
(e), and (f);
7.18(20)(a) and
(b); and
7.18(30).
310 CMR 7.19................... Reasonably 8/30/2013 10/9/2015, 80 FR 61101 Approved
Available revisions to
Control 7.19(1)(c)(9).
Technology
(RACT) for
Sources of
Oxides of
Nitrogen (NOX).
310 CMR 7.24................... Organic Material 1/2/2015 11/29/2016, 81 FR 85897 Revised to
Storage and require the
Distribution. decommissioning
of Stage II
vapor recovery
systems and
require Stage I
Enhanced Vapor
Recovery systems
certified by the
California Air
Resources Board.
310 CMR 7.25................... Best Available 10/19/2007 10/9/2015, 80 FR 61101 Approved amended
Controls for existing
Consumer and consumer
Commercial products related
Products. requirements,
added provisions
concerning AIM
coatings.
310 CMR 7.26................... Industry 12/28/2007 4/24/2014, 79 FR 22774 EPA did not
Performance approve 310 CMR
Standards. 7.26 (1) through
7.26 (29), or
310 CMR 7.26
(38) through
7.26 (49) into
the
Massachusetts
SIP.
310 CMR 7.27................... NOX Allowance 11/19/1999 12/27/2000, 65 FR 81743
Program.
310 CMR 7.28................... NOX Allowance 3/30/2007 12/3/2007, 72 FR 67854
Trading Program.
310 CMR 7.29................... Emissions 1/25/2008, 9/19/2013 78 FR 57487 Only approving
Standards for 6/29/2007 the SO2 and NOX
Power Plants. requirements.
The following
exceptions which
are not
applicable to
the
Massachusetts
Alternative to
BART were not
approved:

[[Page 80]]

(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)
;

[[Page 81]]

(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).
310 CMR 7.30................... Massport/Logan 6/30/2017 3/6/2018, 83 FR 9438 Revises the
Airport Parking existing
Freeze. commercial
parking freeze
limits and
requires the
Massachusetts
Port Authority
to complete
several studies
to evaluate ways
to further
support
alternative
transit options.
310 CMR 7.31................... City of Boston/ 12/26/2000 3/12/2001, 66 FR 14318 Applies to the
East Boston parking of motor
Parking Freeze. vehicles within
the area of East
Boston.
310 CMR 7.32................... Massachusetts 3/30/2007 12/3/2007, 72 FR 67854
Clean Air
Interstate Rule
(Mass CAIR).
310 CMR 7.33................... City of Boston/ 7/30/1993 10/15/1996, 61 FR 53628 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 10/25/2013 12/8/2015, 80 FR 76225 Removes from the
Improvements. SIP the
commitment to
design the Red
Line/Blue Line
Connector
project.
310 CMR 7.37................... High Occupancy 12/9/1991 10/4/1994, 59 FR 50495 High Occupancy
Vehicle Lanes. Vehicle Lanes
Regulation for
Boston
Metropolitan
Area.
310 CMR 7.38................... Certification of 12/30/2005 2/15/2008, 73 FR 8818
Tunnel
Ventilation
Systems in the
Metropolitan
Boston Air
Pollution
Control District.
310 CMR 7.40................... Low Emission 12/24/1999 12/23/2002, 67 FR 78179 ``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).
Regulations for the Control of Regulation 50 9/14/1974 2/4/1977, 42 FR 6812 Regulation 50 is
Air Pollution. Variances. now known as 310
CMR 7.50.
Regulations for the Control of Regulation 51 8/28/1972 10/28/1972, 37 FR 23085 Regulation 51 is
Air Pollution. Hearings now known as 310
Relative To CMR 7.51.
Orders and
Approvals.
Regulations for the Control of Regulation 52 8/28/1972 10/28/1972, 37 FR 23085 Regulation 52 is
Air Pollution. Enforcement now known as 310
Provisions. CMR 7.52.
Regulations for Prevention And/ Regulation 8 2/22/1972 10/28/1972, 37 FR 23085 Regulation 8 is
or Abatement of Air Pollution Emission now Known as 310
Episode and Air Pollution Reduction Plans CMR 8.00.
Incident Emergencies. (ERP).

[[Page 82]]

310 CMR 8.02 and 8.03.......... The Prevention 7/25/1990 10/4/2002, 67 FR 62184 8.02 Definitions;
and/or Abatement 8.03 Air
of Air Pollution Pollution
Episode and Air Episode
Pollution Criteria.
Incident
Emergencies.
310 CMR 60.02.................. Regulations for 9/5/2008 1/25/2013, 78 FR 5292 Revises enhanced
the Enhanced I/M test
Motor Vehicle requirements to
Inspection and consist of
Maintenance ``OBD2-only''
Program. testing program.
Approving
submitted
regulation with
the exception of
subsection 310
CMR
60.02(24)(f).
540 CMR 4.00................... Annual Safety and 9/5/2008 1/25/2013, 78 FR 5292 Revises
Combined Safety Requirement for
and Emissions Inspection and
Inspection of Enforcement of I/
all Motor M Program.
Vehicles,
Trailers, Semi-
trailers and
converter
Dollies.
Massachusetts General Laws, Conduct of Public Amended by 12/21/2016, 81 FR 93624 Approved Section
Part IV, Title I, Chapter Officials and Statute in 6: Financial
268A, Sections 6 and 6A. Employees. 1978 and 1984 interest of
state employee,
relative or
associates;
disclosure, and
Section 6A:
Conflict of
interest of
public official;
reporting
requirement.
----------------------------------------------------------------------------------------------------------------
\1\ 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 Massachusetts Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit number effective date EPA approval date \2\ Explanations
----------------------------------------------------------------------------------------------------------------
Cambridge Electric Light Cambridge Submitted 6/17/1980, 45 FR 40987 Regulation 310
Company's Kendall Station, Electric Light 12/28/78 CMR 7.04(5),
First Street, Cambridge, MA. Company Variance. Fuel Oil
Viscosity;
Revision for
Cambridge
Electric Light
Company's
Kendall Station,
First Street,
Cambridge, MA.
Blackstone Station, Blackstone Cambridge Submitted 6/17/1980, 45 FR 40987 Regulation 310
Street, Cambridge, MA. Electric Light 12/28/1978 CMR 7.04(5),
Company Variance. Fuel Oil
Viscosity;
Revision for
Cambridge
Electric Light
Company's
Blackstone
Station,
Blackstone
Street,
Cambridge, MA.
Holyoke Water Power Company, Holyoke Water Submitted 6/9/1982, 47 FR 25007 A revision
Mount Tom Plant, Holyoke, MA. Power Company 1/22/1982 specifying the
Operations. conditions under
which coal may
be burned at the
Holyoke Water
Power Company,
Mount Tom Plant,
Holyoke, MA.
Esleeck Manufacturing Company, Esleek Submitted 4/28/1983, 48 FR 19173 Source specific
Inc., Montague, MA. Manufacturing 2/8/1983 emission limit
Emission Limit. 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.
Erving Paper company, Erving, Erving Paper Submitted 2/15/1990, 55 FR 5447 A revision
MA. Company 7/18/1984, approving sulfur-
Operations. 4/17/1985, and in-fuel
11/25/1987 limitations.

[[Page 83]]

Monsanto Chemical Company in Monsanto Chemical 6/20/1989 2/21/1990, 55 FR 5986 Revisions which
Indian Orchard, MA. Company define and
Operations. impose
reasonably
available
control
technology to
control volatile
organic compound
emissions from
Monsanto
Chemical Company
in Indian
Orchard, MA.
Including a
final RACT
Compliance Plan.
Spalding Sports Worldwide in PV-85-IF-019..... 7/12/1989 and 11/8/1989, 54 FR 46894 Amendments to the
Chicopee, MA. 10/7/1985 Conditional
Plans imposing
reasonably
available
control
technology.
Duro Textile Printers, SM-85-168-IF..... 8/1/1989 and 8/ 11/8/1989, 54 FR 46896 Amended
Incorporated in Fall River, MA. 8/1989 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.
Acushnet Company, Titleist Golf SM-85-151-IF and 6/1/1990 2/27/1991, 56 FR 8130 An Amended Plan
Division, Plant A in New 4-P-90-104. imposing
Bedford, MA. reasonably
available
control
technology.
General Motors Corporation in General Motors 6/8/1990 2/19/1991, 56 FR 6568 An Amended Plan
Framingham, MA. Operations. imposing
reasonably
available
control
technology.
Erving Paper Mills in Erving, Erving Paper 10/16/1990 3/20/1991, 56 FR 11675 Revisions which
MA. Company define and
Operations. impose RACT to
control volatile
organic compound
emissions.
Including a
conditional
final plan
approval issued
by the
Massachusetts
Department of
Environmental
Protection
(MassDEP).
Erving Paper Mills in Erving, Erving Paper 4/16/1991 10/8/1991, 56 FR 50659 Revisions which
MA. Company clarify the
Operations. requirements of
RACT to control
volatile organic
compound
emissions.
Including a
conditional
final plan
approval
amendment that
amends the
October 16, 1990
conditional plan
approval.
Brittany Dyeing and Finishing 4-P-92-012....... 3/16/1994 3/6/1995, 60 FR 12123 Final Plan
of New Bedford, MA. Approval No.
4P92012,
imposing
reasonably
available
control
technology.
Specialty Minerals, 1-P-94-022....... 6/16/1995 9/2/1999, 64 FR 48095 Emission Control
Incorporated, Adams, MA. Plan (Reasonably
Available
Control
Technology for
Sources of
Oxides of
Nitrogen).
Monsanto Company's Indian 1-E-94-106....... 10/28/1996 9/2/1999, 64 FR 48095 Emission Control
Orchard facility, Springfield, Plan (Reasonably
MA. Available
Control
Technology for
Sources of
Oxides of
Nitrogen).
Medusa Minerals Company in Lee, 1-E-94-110....... 4/17/1998 9/2/1999, 64 FR 48095 Emission Control
MA. Plan (Reasonably
Available
Control
Technology for
Sources of
Oxides of
Nitrogen).
Gillette Company Andover MBR-92-IND-053... Submitted 10/4/2002, 67 FR 62179 Reasonably
Manufacturing Plant. 2/17/1993, Available
4/16/1999, and Control
10/7/1999 Technology Plan
Approval issued
on June 17,
1999.
Norton Company................. C-P-90-083....... Submitted 10/4/2002, 67 FR 62179 Reasonably
2/17/1993, Available
4/16/1999, and Control
10/7/1999 Technology Plan
Approval issued
on August 5,
1999.
Barnet Corporation............. Barnet Submitted 10/4/2002, 67 FR 62179 Reasonably
Corporation 2/17/1993, Available
Operations. 4/16/1999, and Control
10/7/1999 Technology Plan
Approval issued
on May 14, 1991.

[[Page 84]]

Solutia........................ 1-P-92-006....... Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Saloom Furniture............... Saloom Winchendon Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
Operations. 2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Eureka Manufacturing........... 4-P-95-094....... Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Moduform....................... Moduform Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
Operations. 2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Polaroid....................... MBR-99-IND-001... Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Globe.......................... 4-P-96-151....... Submitted 10/4/2002, 67 FR 62179 310 CMR 7.02 BACT
2/17/1993, plan approvals
4/16/1999, and issued by the
10/7/1999 MassDEP.
Wheelabrator Saugus, Inc....... MBR-98-ECP-006... Submitted 9/19/2013, 78 FR 57487 The sulfur
12/30/2011, dioxide (SO2),
8/9/2012, and oxides of
8/28/2012 nitrogen (NOX),
and PM2.5
provisions of
the MassDEP
Emission Control
Plan ``Saugus--
Metropolitan,
Boston/Northeast
Region, 310 CMR
7.08(2)--Municip
al 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.
General Electric Aviation...... MBR-94-COM-008... Submitted 9/19/2013, 78 FR 57487 The MassDEP
12/30/2011, Emission Control
8/9/2012, and Plan ``Lynn--
8/28/2012 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.

[[Page 85]]

Mt. Tom Generating Company, LLC 1-E-01-072....... Submitted 9/19/2013, 78 FR 57487 The MassDEP
12/30/2011, Emission Control
8/9/2012, and Plan, ``Holyoke
8/28/2012 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.
Dominion Energy Salem Harbor, NE-12-003........ Submitted 9/19/2013, 78 FR 57487 The MassDEP
LLC 12/30/2011, Emission Control
8/9/2012, and Plan ``Salem--
8/28/2012 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.
Dominion Energy Brayton Point, SE-12-003........ Submitted 9/19/2013, 78 FR 57487 MassDEP Emission
LLC 12/30/2011, Control Plan
8/9/2012, and ``Amended
8/28/2012 Emission Control
Plan Final
Approval
Application for:
BWP AQ 25, 310
CMR 7.29 Power
Plant Emission
Standards,
Transmittal
Number X241755,
Application
Number SE-12-
003, Source
Number:
1200061'' dated
April 12, 2012
to Peter Balkus,
Dominion Energy
Brayton Point,
LLC and signed
by John K.
Winkler, with
the following
exceptions which
are not
applicable to
the
Massachusetts
Alternative to
BART.
Somerset Power LLC............. Facility Shutdown Submitted 9/19/2013 78 FR 57487 MassDEP letter
12/30/2011, ``Facility
8/9/2012, and Shutdown, FMF
8/28/2012 Facility No.
316744'' dated
June 22, 2011 to
Jeff Araujo,
Somerset Power
LLC and signed
by John K.
Winkler.
----------------------------------------------------------------------------------------------------------------
\2\ 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.

[[Page 86]]

Massachusetts Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non regulatory SIP geographic or submittal date/ EPA approved date \3\ Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
Miscellaneous non-regulatory .................. 4/27/72 10/28/72, 37 FR 23085
changes to the plan submitted
by the Division of
Environmental Health,
Massachusetts Department of
Public Health.
Miscellaneous non-regulatory .................. 5/5/72 10/28/72, 37 FR 23085
additions to the plan
submitted by the Bureau of Air
Quality Control, Massachusetts
Department of Public Health.
Letter of concurrence on AQMA .................. 7/23/74 6/2/75, 40 FR 23746
identifications submitted on
July 23, 1974, by the Governor.
Letter dated February 8, 1979 .................. 2/8/79 5/14/79, 44 FR 27991
from Kenneth Hagg of the
Massachusetts Department of
Environmental Quality
Engineering (DEQE) to Frank
Ciavattieri of the
Environmental Protection
Agency.
Non-attainment area plan for .................. 3/30/1979 and 1/10/1980, 45 FR 2036
Total Suspended Particulates 4/23/1979
(TSP) in Worcester.
Miscellaneous statewide .................. 3/30/1979 and 1/10/1980, 45 FR 2036
regulation changes. 4/23/1979
An extension request for the .................. 3/30/1979 and 1/10/1980, 45 FR 2036
attainment of TSP secondary 4/23/1979
standards for areas designated
non-attainment as of March 3,
1978.
Revision entitled .................. 5/3/1979, 1/10/1980, 45 FR 2036
``Massachusetts Implementation 8/7/1979, and
Plan, Amended Regulation--All 5/17/1980
Districts, New Source Review
Element,'' relating to
construction and operation of
major new or modified sources
in non-attainment areas.
Revision to the state ozone .................. 8/21/79 6/17/1980, 45 FR 40987
standard and adoption of an
ambient lead standard.
Attainment plans to meet the .................. 12/31/1978 and 9/16/1980, 45 FR 61293
requirements of Part D for 5/16/1979
carbon monoxide and ozone and
other miscellaneous provisions.
Supplemental information to the .................. 9/19/1979, 9/16/1980, 45 FR 61293
Attainment plans to meet the 11/13/1979,
requirements of Part D for and
carbon monoxide and ozone and 3/20/1980
other miscellaneous provisions.
Supplemental information to the .................. 12/7/1979 and 8/27/1981, 46 FR 43147
Attainment plans to meet the 4/7/1980
requirements of Part D for
carbon monoxide and ozone and
other miscellaneous provisions.
A revision entitled ``Appendix .................. 1/5/1981 9/3/1981, 46 FR 44186
J Transportation Project Level
Guidelines'' relating to
policy guidance on the
preparation of air quality
analysis for transportation
projects.
A comprehensive air quality .................. 1/28/1980 3/4/1981, 46 FR 15137
monitoring plan, intended to
meet requirements of 40 CFR
part 58.
Revisions to meet the .................. 7/9/1981 and 7/ 9/28/1981, 46 FR 47450
requirements of Part D and 30/1981
certain other sections of the
Clean Air Act, as amended, for
making a commitment to public
transportation in the Boston
urban region.
Letter clarifying State .................. 11/12/1981 3/29/82, 47 FR 13143
procedures.
The Massachusetts DEQE .................. 9/3/1981 1/25/1982, 47 FR 3352
submitted an updated VOC
emissions inventory.
Procedures to annually update .................. 11/4/1981 1/25/1982, 47 FR 3352
the VOC emission inventory on
November 4, 1981.
Massachusetts Department of Statewide......... 9/9/1982 11/09/1983, 48 FR 51480
Environmental Protection
(MassDEP) submittal for
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide......... 11/2/1982 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide......... 11/17/1982 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide......... 2/2/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide......... 3/21/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.

[[Page 87]]

MassDEP submittal for Statewide......... 4/7/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide......... 4/26/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
MassDEP submittal for Statewide......... 5/16/1983 11/09/1983, 48 FR 51480
attainment plans for carbon
monoxide and ozone.
A revision to exempt the Berkshire......... 3/25/1983 7/7/1983, 48 FR 31200
Berkshire Air Pollution
Control District from
Regulation 310 CMR
7.02(12)(b)(2).
Revisions to the State's Statewide......... 9/9/1982 7/7/1983, 48 FR 31197
narrative, entitled New Source
Regulations on page 117 and
118.
Letter from the MassDEP dated Statewide......... 6/7/1991 6/30/1993, 58 FR 34908
June 7, 1991, submitting
revisions to the SIP.
Letter from the MassDEP dated Statewide......... 11/13/1992 6/30/1993, 58 FR 34908
November 13, 1992 submitting
revisions to the SIP.
Letter from the MassDEP dated Statewide......... 2/17/1993 6/30/1993, 58 FR 34908
February 17, 1993 submitting
revisions to the SIP.
Nonregulatory portions of the Statewide......... 11/13/1992 6/30/1993, 58 FR 34908
state submittal.
Letter from Massachusetts DEQE. Statewide......... 2/14/1985 9/25/1985, 50 FR 38804
Letter from Massachusetts DEQE. Statewide......... 5/22/1985 9/25/1985, 50 FR 38804
Enforcement manual including Statewide......... 5/22/1985 9/25/1985, 50 FR 38804
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.
Letter from Massachusetts DEQE Statewide......... 8/17/1984 10/30/1984, 49 FR 43546
stating authority to undertake
preconstruction review of new
stationary sources of air
pollution with potential to
emit 5 tons or more of lead.
Letter from Massachusetts DEQE Statewide......... 7/13/1984 10/30/1984, 49 FR 43546
submitting the Massachusetts
Lead Implementation Plan.
Massachusetts attainment and Statewide......... 7/13/1984 10/30/1984, 49 FR 43546
maintenance plans for lead.
Memorandum from Donald C. Merrimack Valley.. 10/4/1985 4/1/1986, 51 FR 11019
Squires to Bruce K. Maillet,
subject: Response to EPA
questions regarding Phillips
Academy, outlines the
permanent energy conservation
measures to be used.
Letter from the Massachusetts Statewide......... 12/3/1985 11/25/1986, 51 FR 42563
DEQE dated December 3, 1985.
Letter from the Massachusetts Statewide......... 1/31/1986 11/25/1986, 51 FR 42563
DEQE dated January 31, 1986.
Letter from the Massachusetts Statewide......... 2/11/1986 11/25/1986, 51 FR 42563
DEQE dated February 11, 1986.
The nonregulatory portions of
the state submittals.
Letter from the Massachusetts Statewide......... 11/21/1986 3/10/1989, 54 FR 10147
DEQE dated November 21, 1986.
The Commonwealth of Statewide......... 1/15/1987 3/10/1989, 54 FR 10147
Massachusetts Regulation
Filing document dated January
15, 1987 states that these
regulatory changes became
effective on February 6, 1987.
Letter from the Massachusetts Statewide......... 2/21/1986 8/31/1987, 52 FR 32791
Massachusetts DEQE dated
February 21, 1986.
A Regulation Filing and Statewide......... 2/25/1986 8/31/1987, 52 FR 32791
Publication document from the
Massachusetts DEQE, dated
February 25, 1986.
A letter from the Massachusetts Statewide......... 6/23/1986 8/31/1987, 52 FR 32791
DEQE, dated June 23, 1986.
Implementation Guidance, 310 Statewide......... 2/01/1986 8/31/1987, 52 FR 32791
CMR 7.18(18), Polystyrene
Resin Manufacturing, dated
February 1986.
Massachusetts DEQE Statewide......... 11/8/1985 8/31/1987, 52 FR 32791
certification that there are
no polypropylene and
polyethylene manufacturing
sources located in the
Commonwealth of Massachusetts,
dated November 8, 1985.

[[Page 88]]

Letter dated November 5, 1986 Statewide......... 11/5/1986 11/19/1987, 52 FR 44394
from the Massachusetts DEQE
submitting revisions to the
SIP.
Letter from the Massachusetts Statewide......... 11/28/1986 11/19/1987, 52 FR 44394
DEQE dated December 10, 1986.
Letter 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.
Letter from the Massachusetts Statewide......... 7/5/1988 3/6/1989, 54 FR 9212
DEQE dated September 20, 1988
for a SIP revision involving
regulations 310 CMR 7.18(2)(e)
and 7.18(17).
A Regulation Filing and Statewide......... 7/5/1988 3/6/1989, 54 FR 9212
Publication document from the
Commonwealth of Massachusetts
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), is July 22,
1988.
Letter dated October 14, 1987 Pioneer Valley.... 10/14/1987 2/15/1990, 55 FR 5447
for the American Fiber and
Finishing Company facility
from Stephen F. Joyce, Deputy
Regional Environmental
Engineer, Massachusetts DEQE.
Letter dated October 14, 1987 Pioneer Valley.... 10/14/1987 2/15/1990, 55 FR 5447
for the Erving Paper Company
facility from Stephen F.
Joyce, Deputy Regional
Environmental Engineer,
Massachusetts DEQE.
Letter dated October 14, 1987 Pioneer Valley.... 10/14/1987 2/15/1990, 55 FR 5447
for the Westfield River Paper
Company facility from Stephen
F. Joyce, Deputy Regional
Environmental Engineer,
Massachusetts DEQE.
Statement of agreement signed Pioneer Valley.... 5/29/1987 2/15/1990, 55 FR 5447
May 29, 1987 by Schuyler D.
Bush, Vice President of Erving
Paper Company.
Statement of agreement signed Pioneer Valley.... 5/27/1987 2/15/1990, 55 FR 5447
May 27, 1987 by Francis J.
Fitzpatrick, President of
Westfield River Paper Company.
Statement of agreement signed Pioneer Valley.... 5/22/1987 2/15/1990, 55 FR 5447
May 22, 1987 by Robert Young,
Vice President of American
Fiber and Finishing Company.
Letter dated April 22, 1987 for Pioneer Valley.... 5/22/1987 2/15/1990, 55 FR 5447
the Erving Paper Company
facility from Stephen F.
Joyce, Deputy Regional
Environmental Engineer,
Massachusetts DEQE.
Letter from the MassDEP dated Pioneer Valley.... 7/18/1987 2/21/1990, 55 FR 5986
July 18, 1989 submitting a
revision to the SIP.
Letter from the MassDEP Pioneer Valley.... 7/18/1989 11/8/1989, 54 FR 46894
submitting a revision to the
SIP.
Letter from the Massachusetts Central 7/18/1989 11/3/1989, 54 FR 46386
DEQE submitting a revision to Massachusetts.
the SIP.
Nonregulatory portions of the Central 2/4/1988 11/3/1989, 54 FR 46386
State submittal. Letter from Massachusetts.
the MassDEP submitting a
revision to the SIP.
Nonregulatory portions of the Central 2/10/88 11/3/1989, 54 FR 46386
State submittal. List of Massachusetts.
documents in the February 4,
1988 RACT SIP submittal to
EPA.t.
Letter from the MassDEP Southeastern 8/8/1989 11/8/1989, 54 FR 46896
submitting a revision to the Massachusetts.
SIP.
Letter from the MassDEP Statewide......... 8/24/1989 4/19/1990, 55 FR 14831
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 10/16/1989 4/19/1990, 55 FR 14831
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 8/27/1982 2/23/1993, 58 FR 10964
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 6/22/1987 2/23/1993, 58 FR 10964
certifying that it did not
rely on a dual definition in
its attainment demonstration.

[[Page 89]]

Letter from the MassDEP Statewide......... 12/27/1989 2/23/1993, 58 FR 10964
submitting additional
assurances that it is making
reasonable efforts to develop
a complete and approve SIP.
Letter from the MassDEP Metropolitan 11/28/1989 8/3/1990, 55 FR 31587
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Metropolitan 11/28/1989 8/3/1990, 55 FR 31590
submitting a revision to the Boston.
SIP.
Letter from the Massachusetts Metropolitan 11/20/1989 8/27/1990, 55 FR 34914
Department of Environmental Boston.
submitting a revision to the
SIP.
Letter from the MassDEP Southeastern 6/13/1990 2/27/1991, 56 FR 8130
submitting a revision to the Massachusetts.
SIP.
Letter from the MassDEP Metropolitan 7/9/1990 2/19/1991, 56 FR 6568
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Pioneer Valley.... 10/25/1990 3/20/1991, 56 FR 11675
submitting a revision to the
SIP.
Letter from the MassDEP Pioneer Valley.... 4/22/1991 10/8/1991, 56 FR 50659
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 8/17/1989 10/8/1992, 57 FR 46313
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 6/7/1991 10/8/1992, 57 FR 46313
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 12/17/1991 10/8/1992, 57 FR 46313
withdrawing the emission limit
for the Primer-surfacer
application from the June 7,
1991 submittal.
Nonregulatory portions of state Statewide......... 5/24/1991 10/8/1992, 57 FR 46313
submittal. MassDEP's Decision
Memorandum for Proposed
amendments to 310 CMR 7.00.
Nonregulatory portions of state Statewide......... 2/25/1991 10/8/1992, 57 FR 46313
submittal. MassDEP's Decision
Memorandum for Proposed
amendments to 310 CMR 7.00,
7.18 and 7.24.
Letter from the MassDEP Statewide......... 8/27/1982 1/11/1993, 58 FR 3492
submitting revisions to the
SIP.
Letter from the MassDEP Statewide......... 4/12/1985 1/11/1993, 58 FR 3492
submitting revisions to the
SIP.
Letter from the MassDEP Statewide......... 8/17/1989 1/11/1993, 58 FR 3492
submitting revisions to the
SIP.
Letter from the MassDEP Statewide......... 6/7/1991 1/11/1993, 58 FR 3492
submitting revisions to the
SIP.
Letter from the Massachusetts Statewide......... 6/27/1984 1/11/1993, 58 FR 3492
DEQE submitting 310 CMR 7.00:
Appendix B.
Letter from the Massachusetts Statewide......... 3/6/1985 1/11/1993, 58 FR 3492
DEQE submitting additional
information on 310 CMR 7.00:
Appendix B and referencing 310
CMR 7.18(2)(b).
Letter from the MassDEP Statewide......... 12/17/1991 1/11/1993, 58 FR 3492
withdrawing the emission limit
for the Primer-surfacer
application in 310 CMR
7.18(7)(b) from the June 7,
1991 submittal.
Letter from the MassDEP Metropolitan 8/4/1989 3/16/1993, 58 FR 14153
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Metropolitan 12/6/1989 3/16/1993, 58 FR 14153
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Metropolitan 3/23/1990 3/16/1993, 58 FR 14153
submitting a revision to the Boston.
SIP.
Technical amendments to Metropolitan 3/30/1990 3/16/1993, 58 FR 14153
regulation (310 CMR 7.31) Boston.
submitted by the MassDEP.
Appendix 5D, Baseline and Metropolitan 6/1/1986 3/16/1993, 58 FR 14153
Future Case CO Compliance Boston.
Modeling, dated June 1986.
Policy Statement Regarding the Metropolitan 11/14/1988 3/16/1993, 58 FR 14153
Proposed Amendment to the Boston.
Logan Airport Parking Freeze.
Letter from the MassDEP dated Metropolitan 5/15/1991 12/14/1992, 57 FR 58991
May 15, 1992 submitting a Boston.
revision to the SIP.
Letter from the MassDEP dated Metropolitan 1/30/1991 10/8/1992, 57 FR 46310
January 30, 1991 submitting a Boston.
revision to the SIP.
Certification of Tunnel
Ventilation Systems in Boston.

[[Page 90]]

Letter from the MassDEP, dated Statewide......... 5/17/1990 12/14/1992, 57 FR 58993
May 17, 1990 submitting a
revision to the SIP.
Letter from the MassDEP, dated Statewide......... 6/7/1991 12/14/1992, 57 FR 58993
June 7, 1991, submitting a
revision to the SIP.
Letter from the MassDEP, dated Statewide......... 7/5/1990 12/14/1992, 57 FR 58993
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.
Letter from the MassDEP, dated Statewide......... 4/21/1992 12/14/1992, 57 FR 58993
April 21, 1992, submitting an
implementation policy
statement regarding its Stage
II program.
Nonregulatory portions of the Statewide......... 4/21/1992 12/14/1992, 57 FR 58993
SIP submittal. March 2, 1992
Division of Air Quality
Control Policy certified vapor
collection and control system
for Stage II Vapor Recovery
Program.
Letter from the MassDEP Statewide......... 11/13/1992 9/15/1993, 58 FR 48315
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 1/15/1993 9/15/1993, 58 FR 48315
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 2/17/1993 9/15/1993, 58 FR 48315
submitting a revision to the
SIP.
Nonregulatory portions of the Statewide......... 2/17/1993 9/15/1993, 58 FR 48315
SIP submittal. MassDEP's
Listing of Response to
Comments dated January 1993.
Nonregulatory portions of the Statewide......... 2/17/1993 9/15/1993, 58 FR 48315
SIP submittal. MassDEP's
Background Document for
Proposed Amendments to 310
CCMR 7.00, et. al. ``50 Ton
VOC RACT Regulations'' dated
September 1992.
Letter from the MassDEP Statewide......... 8/26/1992 7/28/1994, 59 FR 38372
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 11/2/1990 7/28/1994, 59 FR 38372
submitting a revision to the
SIP.
Letter from the MassDEP .................. 7/19/1993 1/6/1995, 60 FR 2016
submitting a revision to the
SIP.
Letter dated October 27, 1993 .................. 10/27/1993 1/6/1995, 60 FR 2016
from MassDEP submitting
certification of a public
hearing.
Letter from the MassDEP Metropolitan 12/9/1991 10/4/1994, 59 FR 50495
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Statewide......... 11/15/1993 2/1/1995, 60 FR 6027
submitting a revision to the
SIP which substitutes the
California Low Emission
Vehicle program for the Clean
Fuel Fleet program.
Letter from the MassDEP Statewide......... 5/11/1994 2/1/1995, 60 FR 6027
submitting a revision to the
SIP which substitutes the
California Low Emission
Vehicle program for the Clean
Fuel Fleet program.
Letter from the MassDEP Statewide......... 3/31/1994 3/6/1995, 60 FR 12123
submitting a revision to the
SIP.
Letter from the MassDEP dated Statewide......... 6/6/1994 4/1/1995, 60 FR 17226
June 6, 1994 submitting a
revision to the Massachusetts
SIP.
Letter from the MassDEP dated Statewide......... 12/9/1994 4/1/1995, 60 FR 17226
December 9, 1994.
Letter from the MassDEP, Statewide......... 6/28/1990 3/21/1996, 61 FR 11556
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 9/30/1992 3/21/1996, 61 FR 11556
submitting a revision to the
SIP.
Letter from the MassDEP, dated Statewide......... 7/15/1994 3/21/1996, 61 FR 11556
July 15, 1994, submitting a
revision to the SIP.
Letter from the MassDEP Statewide......... 12/30/1994 3/21/1996, 61 FR 11556
assuring EPA that the data
elements noted in EPA's
December 13, 1994 letter were
being incorporated into the
source registration forms used
by Massachusetts emission
statement program.

[[Page 91]]

Letter which included the Statewide......... 10/29/1993 1/30/1996, 61 FR 2918
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 the SIP.
Letter from the MassDEP Metropolitan 12/12/1994 1/30/1996, 61 FR 2918
submitting a revision to the Boston.
SIP.
The Technical Support Document Metropolitan 12/12/1994 1/30/1996, 61 FR 2918
for the Redesignation of the Boston.
Boston Area as Attainment for
Carbon Monoxide.
Letter from the MassDEP dated Statewide......... 1/9/1995 12/19/1995, 60 FR 65240
January 9, 1995 submitting a
revision to the SIP.
Letter from the MassDEP, dated Statewide......... 1/9/1995 2/14/1996, 61 FR 5696
January 9, 1995, submitting a
revision to the SIP.
Letter from the MassDEP Statewide......... 3/29/1995 7/5/2000, 65 FR 41344
submitting a revision to the
SIP.
Letter from the MassDEP Metropolitan 7/30/1993 10/15/1996, 61 FR 53628
submitting a revision to the Boston.
SIP (City of Boston/South
Boston Parking Freeze).
Letter from the MassDEP Statewide......... 2/9/1994 8/8/1996, 61 FR 41335
submitting revisions to the
SIP.
Letter from the MassDEP Statewide......... 3/29/1995 8/8/1996, 61 FR 41335
submitting revisions to the
SIP.
Letter and attachments from the Statewide......... 2/8/1996 8/8/1996, 61 FR 41335
MassDEP submitting
supplemental information
concerning the demonstration
of balance between credit
creation and credit use.
Massachusetts PAMS Network Statewide......... 11/15/1993 7/14/1997, 62 FR 37510
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).
Letter from the MassDEP dated Statewide......... 12/30/1993 7/14/1997, 62 FR 37510
December 30, 1993 submitting a
revision to the SIP.
The Commonwealth, committed in Statewide......... 3/3/1997 7/14/1997, 62 FR 37510
a letter dated March 3, 1997
to correct deficiencies for an
enhanced motor vehicle
inspection and maintenance (I/
M) program within one year of
conditional interim approval
by EPA.
Letter from the MassDEP Statewide......... 10/17/1997 4/11/2000, 65 FR 19323
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 7/30/1996 4/11/2000, 65 FR 19323
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 8/9/2000 12/18/2000, 65 FR 78974
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 9/11/2000 12/18/2000, 65 FR 78974
submitting a revision to the
SIP.
Letter from the MassDEP dated Statewide......... 7/25/1995 12/18/2000, 65 FR 78974
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 2/17/1993 9/2/1999, 64 FR 48297
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 12/19/1997 6/2/1999, 64 FR 29567
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 3/9/1998 6/2/1999, 64 FR 29567
clarifying the program
implementation process.
Letter from the MassDEP Statewide......... 7/15/1994 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Letter from the MassDEP Statewide......... 10/4/1996 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Letter from the MassDEP Statewide......... 12/2/1996 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Letter from the MassDEP Statewide......... 1/11/1999 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Letter from the MassDEP Statewide......... 4/16/1999 9/2/1999, 64 FR 48095
submitting revisions to the
SIP.
Nonregulatory portions of the Statewide......... 1/11/1995 4/11/2000, 65 FR 19323
SIP submittal.
Nonregulatory portions of the Statewide......... 3/29/1995 4/11/2000, 65 FR 19323
SIP submittal.

[[Page 92]]

A September 17, 1999, Notice of Statewide......... 9/17/1999 11/15/2000, 65 FR 68898
Correction submitted by the
Secretary of State indicating
the effective date of the
regulations.
Letter from the MassDEP Statewide......... 5/14/1999 11/15/2000, 65 FR 68898
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 2/1/2000 11/15/2000, 65 FR 68898
submitting a revision to the
SIP.
Letter from the MassDEP Statewide......... 3/15/2000 11/15/2000, 65 FR 68898
submitting a revision to the
SIP.
Test Procedures and Equipment Statewide......... 2/1/2000 11/15/2000, 65 FR 68898
Specifications.
Acceptance Test Protocol....... Statewide......... 3/15/2000 11/15/2000, 65 FR 68898
Letter from the Commonwealth of Statewide......... 11/19/1999 12/27/2000, 65 FR 81743
Massachusetts, Executive
Office of Environmental
Affairs, Department of
Environmental Protection
submitting an amendment to SIP.
Background Document and Statewide......... 7/1/1999 12/27/2000, 65 FR 81743
Technical Support for Public
Hearings on the Proposed
Revisions to the SIP for
Ozone, July, 1999.
Supplemental Background Statewide......... 9/1/1999 12/27/2000, 65 FR 81743
Document and Technical Support
for Public Hearings on
Modifications to the July 1999
Proposal to Revise the SIP for
Ozone, September, 1999.
Table of Unit Allocations...... Statewide......... 9/1/1999 12/27/2000, 65 FR 81743
Letter from the MassDEP........ Statewide......... 4/10/2002 6/20/2003, 68 FR 36921
The SIP narrative ``Technical Statewide......... 3/21/2002 6/20/2003, 68 FR 36921
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.
Letter from the MassDEP Statewide......... 7/15/1994 10/27/2000, 65 FR 64360
submitting revisions to the
SIP.
Letter from the MassDEP Statewide......... 3/29/1995 10/27/2000, 65 FR 64360
submitting revisions to the
SIP.
Plan Approval issued by the Statewide......... 6/17/1999 10/4/2002, 67 FR 62179
MassDEP to the Gillette
Company Andover Manufacturing
Plant.
Letter from the MassDEP Statewide......... 4/16/1999 10/4/2002, 67 FR 62179
submitting negative
declarations for certain VOC
source categories.
Letter from the MassDEP Statewide......... 7/24/2002 10/4/2002, 67 FR 62179
discussing wood furniture
manufacturing and aerospace
coating requirements in
Massachusetts.
Letter from the MassDEP Metropolitan 12/8/2000 3/12/2001, 66 FR 14318
submitting a revision to the Boston.
SIP.
Letter from the MassDEP Metropolitan 12/26/2000 3/12/2001, 66 FR 14318
submitting the final state Boston.
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.''.
Letter from the MassDEP, in Statewide......... 8/9/2002 12/23/2002, 67 FR 78179
which it submitted the Low
Emission Vehicle Program
adopted on December 24, 1999.
Letter from the MassDEP which Statewide......... 8/26/2002 12/23/2002, 67 FR 78179
clarified the August 9, 2002
submittal to exclude certain
sections of the Low Emission
Vehicle Program from
consideration.
Letter from the MassDEP Metropolitan 7/12/2006 2/15/2008, 73 FR 8818
submitting a revision to the Boston.
SIP.
Massachusetts Regulation Filing Metropolitan 12/13/2005 2/15/2008, 73 FR 8818
amending 310 CMR 7.38 entitled Boston.
``Certification of Tunnel
Ventilation Systems in the
Metropolitan Boston Air
Pollution Control District.''.
Massachusetts Regulation Filing Statewide......... 4/19/2007 12/3/2007, 72 FR 67854
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 93]]

Massachusetts Regulation Filing Metropolitan 11/16/2006 7/31/2008, 73 FR 44654
substantiating December 1, Boston.
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.''.
Letter from the MassDEP dated Metropolitan 12/13/2006 7/31/2008, 73 FR 44654
December 13, 2006 submitting a Boston.
revision to the SIP.
Letter from the MassDEP Metropolitan 6/1/2007 7/31/2008, 73 FR 44654
submitting a revision to the Boston.
SIP.
Letter from the Massachusetts Metropolitan 9/4/2007 7/31/2008, 73 FR 44654
Executive Office of Boston.
Transportation 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.
Letter from the Chair of the Metropolitan 5/1/2008 7/31/2008, 73 FR 44654
Boston Region Metropolitan Boston.
Planning Organization
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.
Letter from EPA New England Metropolitan 7/5/2008 7/31/2008, 73 FR 44654
Regional Administrator Boston.
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.
Letter from the MassDEP, dated Statewide......... 6/1/2009 01/25/2013, 78 FR 5292
June 1, 2009, submitting a
revision to the SIP.
Letter from the MassDEP, dated Statewide......... 11/30/2009 01/25/2013, 78 FR 5292
November 30, 2009, amending
the June 1, 2009 SIP submittal.
Massachusetts June 1, 2009 SIP Statewide......... 6/1/2009 01/25/2013, 78 FR 5292
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.''.
``Massachusetts Regional Haze Statewide......... 8/9/2012 9/19/2013, 78 FR 57487
State Implementation Plan''
dated August 9, 2012.
A letter from the MassDEP dated Statewide......... 8/9/2001 4/24/2014, 79 FR 22774
August 9, 2001 submitting a
revision to the SIP.
A letter from the MassDEP dated Statewide......... 9/14/2006 4/24/2014, 79 FR 22774
September 14, 2006 submitting
a revision to the SIP.
A letter from the MassDEP dated Statewide......... 2/13/2008 4/24/2014, 79 FR 22774
February 13, 2008 submitting a
revision to the SIP.
A letter from the MassDEP dated Statewide......... 1/18/2013 4/24/2014, 79 FR 22774
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.
A letter from the MassDEP dated Statewide......... 11/6/2013 12/8/2015, 80 FR 76225
November 6, 2013 submitting a
revision to the SIP.
A letter from the MassDEP dated Statewide......... 5/5/2015 11/29/2016, 81 FR 85897
May 5, 2015 submitting a
revision to the SIP.
----------------------------------------------------------------------------------------------------------------
\3\ To determine the EPA effective date for a specific provision listed in this table, consult the Federal
Register notice cited in this column for the particular provision.

[[Page 94]]

[83 FR 3967, Jan. 29, 2018, as amended at 83 FR 9439, Mar. 6, 2018]

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.
(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.

[[Page 95]]

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

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

Sec. 52.1126 Control strategy: Sulfur oxides.

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

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

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

[[Page 96]]

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

Strathmore Paper Co., Montague.

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

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

Central Massachusetts APCD

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

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

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

Southeastern Massachusetts APCD

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

[[Page 97]]

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

Metropolitan Boston APCD

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

[38 FR 9089, Apr. 10, 1973]

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

Sec. 52.1127 Attainment dates for national standards.

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

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

[[Page 98]]

Quality Control Region, as defined in Sec. 81.19 of this part.
(3) [Reserved]
(4) Freeze area means that portion of the Boston Intrastate Region
enclosed within the following boundaries:
The City of Cambridge; that portion of the City of Boston from the
Charles River and the Boston Inner Harbor on north and northeast of pier
4 on Northern Avenue; by the east side of pier 4 to B Street, B Street
extension of B Street to B Street, B Street, Dorchester Avenue, and the
Preble Street to Old Colony Avenue, then east to the water, then by the
water's edge around Columbia Point on various courses generally
easterly, southerly, and westerly to the center of the bridge on
Morrissey Boulevard, on the east and southeast; then due west to
Freeport Street, Freeport Street, Dorchester Avenue, Southeast
Expressway, Southampton Street, Reading Street, Island Street, Chadwick
Street, Carlow Street, Albany Street, Hunneman Street, Madison Street,
Windsor Street, Cabot Street, Ruggles Street, Parker Street, Ward
Street, Huntington Avenue, Brookline-Boston municipal boundary,
Mountford Street to the Boston University Bridge on the southwest and
west; and the Logan International Airport. Where a street or roadway
forms a boundary the entire right-of-way of the street is within the
freeze area as defined.
(5) Boston proper means that portion of the City of Boston,
Massachusetts, contained within the following boundaries: The Charles
River and Boston Inner Harbor on the northwest, north, and northeast,
the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the
Massachusetts Avenue Expressway access branch on the east and southeast,
and Massachusetts Avenue on the west. Where a street or roadway forms a
boundary, the entire right-of-way of the street is within the Boston
proper area as here defined.
(6) Regional Administrator means the Administrator of Region I of
the U.S. Environmental Protection Agency.
(7) Governor means the Governor of the Commonwealth or the head of
such executive office of the Commonwealth as the Governor shall
designate as responsible for carrying out specific provisions of this
subpart.
(8) Commonwealth means the Commonwealth of Massachusetts.

[40 FR 25161, June 12, 1975]

Sec. 52.1129 Control strategy: Ozone.

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

[[Page 99]]

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

[[Page 100]]

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]

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

[[Page 101]]

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

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

Sec. 52.1132 Control strategy: Carbon Monoxide.

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

[[Page 102]]

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

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

Sec. 52.1133 [Reserved]

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

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

[[Page 103]]

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

[40 FR 25162, June 12, 1975]

Sec. 52.1135 Regulation for parking freeze.

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

[[Page 104]]

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

[[Page 105]]

(``Massport'') shall prepare and submit to the Governor for his approval
a plan showing the manner in which the number of commercial parking
spaces at Logan Airport which exceeds the number of such spaces
permitted under the freeze shall be removed from use. The Governor shall
approve such plan if he determines that (1) implementation of such plan
would result in reducing the aggregate number of commercial parking
spaces to the level of such spaces permitted by this section, (2)
Massport has adequate legal authority to implement such plan and (3)
adequate commitments have been made by Massport to assure the Governor
that such plan will be fully implemented and maintained on and after May
1, 1976. In the event that the Governor does not approve such plan by
April 1, 1976, then the owner or operator of each commercial parking
facility located at Logan Airport shall, on or before July 1, 1976,
reduce the number of commercial parking spaces available for use at each
such facility by an amount which bears the same proportion to the number
of spaces exceeding the limit imposed by this section as the number of
spaces available at such facility bears the total number of such spaces
which were available for use at Logan Airport on April 1, 1976.
(n) Where an agency approved by the Governor under paragraph (e) of
this section to issue permits for new construction in the City of
Cambridge demonstrates to the satisfaction of the Governor that (1)
specific on-street parking spaces in use as of October 15, 1973, were
being legally and regularly used as of such date for parking by
commuters (as that term is defined in Sec. 52.1161(a)(6)) who are not
residents of Cambridge and that (2) effective measures have been
implemented (including adequate enforcement) to prevent such spaces from
being used by such commuters, then such approved agency may issue
permits for construction of additional new commercial parking spaces
equal to one-half of the number of spaces removed from regular use by
such commuters and the total quantity of commercial parking spaces
allowable in Cambridge under this section shall be raised accordingly.
(o) On or before July 31, 1976, and on or before each succeeding
July 31, the Governor and the chief executive officer of any agency
approved by the Governor under paragraph (e) of this section shall
submit a report to the Regional Administrator setting forth:
(1) The names and addresses of all persons who received permits
during the previous twelve-month period ending June 30 and number of
spaces allocated to each such person;
(2) The number of commercial parking spaces available for use as of
the June 30 prior to the date of the report;
(3) The number of commercial parking spaces which remain available
for allocation by the Governor or such agency as of the June 30 prior to
the date of the report, including those spaces made available because of
retirement of existing commercial parking spaces as well as those spaces
made available because of the effects of paragraphs (n), (p) and (q) of
this section; and
(4) The location and capacity of any park-and-ride facility
designated under paragraph (p) of this section.
(p) The Governor and any approved agency may issue a permit to
construct a commercial parking facility which is designated by the
Governor as a park-and-ride facility to be operated in conjunction with
mass transit service without regard to the limitations on number of
spaces imposed by this section.
(q) Where an agency approved by the Governor can demonstrate to the
satisfaction of the Governor that there have been physically eliminated
through permanent modification or demolition any legal on-street parking
spaces within a municipality then such agency may issue permits for
construction within that municipality of additional 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

[[Page 106]]

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.
(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

[[Page 107]]

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

[[Page 108]]

articles, machines, equipment or other contrivances that are constructed
or modified after November 8, 1973.
(6) [Reserved]
(7) An article, machine, equipment or other contrivance described in
paragraph (c), (d) or (e) of this section used exclusively for chemical
or physical analyses or determination of product quality and commercial
acceptance provided that--
(i) The exemption is approved in writing by the Regional
Administrator;
(ii) The operator of said article, machine, equipment or contrivance
is not an integral part of the production process; and
(iii) The emissions from said article, machine, equipment or other
contrivance do not exceed 800 lbs. in any calendar month.
(8) Sources subject to the provisions of Massachusetts Regulation
310 CMR 7.18 which has been federally approved.
(k) [Reserved]
(l) All determinations of emission rates shall be conducted in a
manner approved in writing by the Regional Administrator.

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

Sec. 52.1146 [Reserved]

Sec. 52.1147 Federal compliance schedules.

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

[[Page 109]]

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

[38 FR 30970, Nov. 8, 1973]

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,

[[Page 110]]

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 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

[[Page 111]]

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

[[Page 112]]

(11) The special problems related to the design and incorporation in
the bikeway facilities described in paragraph (f) of this section of
feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA
and railroad stations, feeder bikeways to fringe parking areas, and
bicycle passage through rotaries and squares;
(12) The conversion of railroad beds, power lines, flood control
channels or similar corridors to bikepaths;
(13) Removing barriers to employees bringing their bicycles into
their offices;
(14) Removal or alteration of drain grates with bars so placed as to
catch bicycle wheels;
(15) Bicycle rentals at appropriate locations; and
(16) The feasibility of constructing bikeways along at least each of
the corridors set forth in paragraph (g) of this section.

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

[[Page 113]]

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

[40 FR 25168, June 12, 1975]

Sec. 52.1163 Additional control measures for East Boston.

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

[[Page 114]]

(d) Massport shall negotiate with the Massachusetts Bay
Transportation Authority to increase the convenience of the mass transit
services currently available to travelers to Logan Airport.
(e) Massport shall, on or before June 30, 1976, establish and
maintain a program (which shall include the enclosure of this
information in tickets or folders mailed by airlines using Logan
Airport) to publicize the advantages in costs and convenience of the use
of mass transit or other available transportation services by travelers
using the airport, and making known to such persons the schedules,
routes, connections, and other information necessary for them to
conveniently use mass transit and such other services.
(f) Massport shall, on or before October 15, 1975, establish a
carpool program at Logan Airport, which shall include the elements
specified in paragraphs (b)(7) (A) through (C) of Sec. 52.1161. For the
purpose of applying the requirements of Sec. 52.1161 to the present
paragraph:
(1) The definitions in Sec. 52.1161 shall apply;
(2) Each employer with any employment facility at Logan Airport
shall cooperate with Massport in the development and implementation of
the program;
(3) Any such employer (including Massport) may fulfill its
obligations under paragraph (b)(7) of Sec. 52.1161 by fully cooperating
with and participating in the Logan Airport carpool program (including
bearing its proportional share of the program's cost); and
(g) Massport shall, on or before October 15, 1975, implement a
program of systematic dissemination to employers and employees at Logan
Airport of information regarding the Massachusetts Bay Transportation
Authority pass program, bus and train schedules and rates, park-and-ride
facilities, and other transportation programs and services available to
employees at Logan Airport.
(h) Massport shall, on or before January 1, 1976, implement and
maintain a program to allow all employees at Logan Airport, regardless
of the size of the particular employment facility at which they work, to
participate in any available pass program made available by the
Massachusetts Bay Transportation Authority, including the use of
Massport as a central clearinghouse for the purpose of aggregating
employees and for fiscal management of such pass program.

[40 FR 25169, June 12, 1975]

Sec. 52.1164 Localized high concentrations--carbon monoxide.

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

[[Page 115]]

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

[40 FR 25170, June 12, 1975]

Sec. 52.1165 Significant deterioration of air quality.

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

Sec. 52.1166 Original identification of plan.

(a) This section identifies the original ``Air Implementation Plan
for the State of Massachusetts'' and all revisions submitted by
Massachusetts that were federally approved prior to January 20, 2017.
(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.

[[Page 116]]

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

[[Page 117]]

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

[[Page 118]]

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

[[Page 119]]

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

[[Page 120]]

rate does not exceed 137.5 gallons per hour.
(55) A revision to exempt the Berkshire Air Pollution Control
District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25,
1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control
of the Department of Environmental Quality Engineering.
(56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum
liquid storage in external floating roof tanks submitted on December 2,
1983.
(57) Revisions to the State's narrative, entitled New Source
Regulations on page 117 and 118, the regulatory definitions of BACT,
NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13),
submitted by Anthony D. Cortese, Commissioner, in August, 1982 and
received on September 9, 1982.
(58) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 7, 1991,
November 13, 1992 and February 17, 1993.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated June 7, 1991, November 13, 1992 and February 17, 1993
submitting revisions to the Massachusetts State Implementation Plan.
(B) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on April 12, 1991.
(C) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on June 21, 1991.
(D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992
and February 17, 1993 and effective on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(59) A revision submitted on May 3, 1983, allowing the burning of
2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility
in Uxbridge, Massachusetts for a period of up to 30 months, commencing
on March 23, 1984.
(60) On May 27, 1982 and September 9, 1982 the Commissioner of the
Massachusetts Department of Environmental Quality Engineering submitted
a revised plan for new source review in nonattainment areas. The
submittal included 310 CMR Appendix A, ``Emission Offsets and
Nonattainment Review,'' additions to 310 CMR 7.00, ``General
Definitions,'' and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5),
``Plan Approval and Emission Limitations.''
(61) A revision submitted on October 31, 1983, allowing the burning
of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths
facility in Taunton, Massachusetts for a period of up to 30 months,
commencing on March 23, 1984.
(62) A revision submitted on November 16, 1983 allowing the burning
of 2.2% sulfur content fuel oil at the ATF Davidson Company in
Northbridge, Massachusetts.
(63) A revision submitted on February 2, 1984, allowing the burning
of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in
Chelsea, Massachusetts for a period of up to 30 months, commencing on
June 15, 1984.
(64) A revision to the Ozone Attainment Plan was submitted by S.
Russell Sylva, Commissioner of the Massachusetts Department of
Environmental Quality Engineering on February 14, and May 22, 1985 to
control emissions from gasoline tank trucks and bulk terminal vapor
recovery systems.
(i) Incorporation by reference.
(A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d),
``Motor Vehicle Fuel Tank Trucks'', adopted December 1984.
(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

[[Page 121]]

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

[[Page 122]]

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

[[Page 123]]

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

[[Page 124]]

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

[[Page 125]]

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

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

[[Page 127]]

Control District,'' and amendment to 310 CMR 7.00, entitled
``Definitions,'' effective in the Commonwealth of Massachusetts on
January 18, 1991.
(97) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on May 17, 1990,
July 5, 1990, June 7, 1991, and April 21, 1992.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection, dated May 17, 1990 and June 7, 1991, submitting a revision
to the Massachusetts State Implementation Plan.
(B) Definition of ``motor vehicle fuel,'' ``motor vehicle fuel
dispensing facility,'' ``substantial modification,'' and ``vapor
collection and control system,'' added to 310 CMR 7.00 and effective in
the Commonwealth of Massachusetts on October 27, 1989.
(C) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the Commonwealth of Massachusetts on October 27, 1989.
(D) Amendments to 310 CMR 7.24(6)(b) ``Dispensing of Motor Vehicle
Fuel'' and to the definition of ``substantial modification'' in 310 CMR
7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.
(E) Amendment to the definition of ``motor vehicle fuel dispensing
facility'' in 310 CMR 7.00, effective in the Commonwealth of
Massachusetts on April 12, 1991.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated July 5, 1990, requesting the withdrawal of amendments
to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in
Berkshire County from the SIP revision package submitted on May 17,
1990.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated April 21, 1992, submitting an implementation policy
statement regarding its Stage II program. This policy statement
addresses the installation of California Air Resources Board (CARB)
certified systems, Stage II testing procedures, and defects in State II
equipment.
(C) Nonregulatory portions of the submittal.
(98) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 13,
1992, January 15, 1993, and February 17, 1993.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated November 13, 1992, January 15, 1993, and February 17,
1993, submitting a revision to the Massachusetts State Implementation
Plan.
(B) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the State of Massachusetts on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(99) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 3, 1990
and August 26, 1992 which define and impose reasonably available control
technology to control volatile organic compound emissions from S. Bent &
Brothers in Gardner, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 26, 1992 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Air Quality Approval RACT issued to S. Bent by the
Massachusetts 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.

[[Page 128]]

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

[[Page 129]]

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

[[Page 130]]

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

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(B) The SIP lacks a detailed description of the test frequency and
convenience element required under 40 CFR 51.355;
(C) The SIP lacks a detailed description of the number and types of
vehicles included in the program as required under 40 CFR 51.356;
(D) The SIP lacks a detailed information concerning the enforcement
process, and a commitment to a compliance rate to be maintained in
practice required under 40 CFR 51.361.
(E) The SIP lacks the details of the enforcement oversight program
including quality control and quality assurance procedures to be used to
insure the effective overall performance of the enforcement system as
required under 40 CFR 51.362;
(F) The SIP lacks a detailed description of procedures for
enforcement against contractors, stations and inspectors as required
under 40 CFR 51.364;
(G) The SIP lacks a detailed description of data analysis and
reporting provisions as required under 40 CFR 51.366;
(H) The SIP lacks a public awareness plan as required by 40 CFR
51.368; and
(I) The SIP lacks provisions for notifying motorists of required
recalls prior to inspection of the vehicle as required by 40 CFR 51.370.
(iii) EPA is also approving this SIP revision under section 110(k),
for its strengthening effect on the plan.
(115) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on October 17, 1997
and July 30, 1996.
(i) Incorporation by reference.
(A) 310 CMR 7.24(8) ``Marine Volatile Organic Liquid Transfer''
effective in the Commonwealth of Massachusetts on October 5, 1997.
(B) Definition of ``volatile organic compound'' in 310 CMR 7.00
``Definitions'' effective in the Commonwealth of Massachusetts on June
28, 1996.
(C) Definition of ``waterproofing sealer'' in 310 CMR 7.25 ``Best
Available Controls for Consumer and Commercial Products'' effective in
the Commonwealth of Massachusetts on June 28, 1996.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(116) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 9, 2000,
September 11, 2000 and July 25, 1995.
(i) Incorporation by reference.
(A) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the Commonwealth of Massachusetts on September 29, 2000.
(B) 310 CMR 7.00 definitions of the following terms associated with
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on
September 29, 2000: ``commence operation''; ``emergency situation'';
``executive order''; ``Stage II system''; ``substantial modification'';
``vacuum assist system''; and ``vapor balance system.''
(C) 310 CMR 7.00 definitions of the following terms associated with
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on
June 30, 1995: ``emergency motor vehicle;'' and ``tank truck.''
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(117) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 17,
1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated February 17, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(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

[[Page 132]]

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

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

[[Page 134]]

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

[[Page 135]]

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

[[Page 136]]

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

[[Page 137]]

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

[[Page 138]]

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

[[Page 139]]

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

[[Page 140]]

(f); paragraph (5), ``Medium-size Boilers,'' subparagraph (d).
(G) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX),'' paragraph (13), ``Testing, Monitoring,
Recordkeeping, and Reporting Requirements,'' subparagraphs (a),
``Applicability,'' and (c), ``Stack Testing'', effective September 23,
2005.
(H) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material
Storage and Distribution,'' subparagraph (1), ``Organic Material Storage
Tanks,'' effective September 23, 2005.
(I) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material
Storage and Distribution,'' subparagraph (4), ``Motor Vehicle Fuel Tank
Trucks,'' effective June 2, 2006.
(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;

[[Page 141]]

(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 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. Redesignated at 83 FR 3967, Jan. 29, 2018]

Editorial Note: For Federal Register citations affecting Sec.
52.1166, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Sec. 52.1167 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.

[[Page 142]]

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 143]]

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 144]]

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 145]]

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 146]]

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 147]]

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 148]]

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 149]]

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 150]]

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 151]]

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 152]]

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 153]]

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 154]]

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 155]]

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 156]]

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 157]]

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 158]]

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 159]]

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 160]]

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 161]]

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 162]]

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 163]]

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 164]]

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 165]]

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 166]]

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 167]]

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 168]]

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 169]]

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 170]]

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 171]]

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 172]]

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 173]]

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 174]]

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 175]]

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 176]]

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 177]]

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 178]]

(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 179]]

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 180]]

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).
2008 lead (Pb) 2013 base year.. Belding area 1/12/2016 5/31/2017, 82 FR 24864
(Ionia County,
part).
----------------------------------------------------------------------------------------------------------------
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.

[[Page 181]]

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.
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).
----------------------------------------------------------------------------------------------------------------

[[Page 182]]

Maintenance Plans
----------------------------------------------------------------------------------------------------------------
Carbon monoxide................ Detroit area 3/18/1999 6/30/1999, 64 FR 35017
(portions of
Wayne, Oakland,
and Macomb
Counties).
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 183]]

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).
2008 lead (Pb)................. Belding area 1/12/2016 5/31/2017, 82 FR 24864
(Ionia County,
part).
----------------------------------------------------------------------------------------------------------------
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

[[Page 184]]

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

[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 Notes: 1. At 83 FR 25377, June 1, 2018, Sec. 52.1170
was amended in the table in paragraph (e) by adding the entry ``Regional
Haze Progress Report'' to follow the entry titled ``Regional Haze
Plan,'' effective July 2, 2018. For the convenience of the user, the
added text is set forth as follows:

Sec. 52.1170 Identification of plan.

* * * * *

(e) * * *

EPA--Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable geographic State
Name of nonregulatory SIP or nonattainment submittal EPA approval date Comments
provision area date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Regional Haze Progress Report. Statewide............. 1/12/2016 6/1/2018, 83 FR
25375.

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

2. At 83 FR 30572, June 29, 2018, Sec. 52.1170 was amended the
table in paragraph (c) by:
a. Revising the entries under the heading ``Part 6: Emission
Limitations and Prohibitions--Existing Sources of Volatile Organic
Compound Emissions'' for rules ``R 336.1611,'' ``R 336.1612,'' ``R
336.1613,'' ``R 336.1614,'' ``R 336.1618,'' ``R 336.1619,'' ``R
336.1622,'' ``R 336.1625,'' ``R336.1627,'' ``R 336.1628,'' ``R
336.1629,'' ``R 336.1632,'' ``R 336.1651,'' ``R 336.1660,'' and ``R
336.1661'';
b. Adding an entry under the heading ``Part 9: Emission Limitations
and Prohibitions--Miscellaneous'' for rule ``R 336.1902'' in numerical
order.
The amendments are effective July 30, 2018. For the convenience of
the user, the added and revised text is set forth as follows:

Sec. 52.1170 Identification of plan.

* * * * *

[[Page 185]]

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 6: Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------

* * * * * * *
R 336.1611.................. Existing cold 3/29/2017 6/29/2018, 83 FR
cleaners. 30571.
R 336.1612.................. Existing open top 3/29/2017 6/29/2018, 83 FR
vapor degreasers. 30571.
R 336.1613.................. Existing conveyorized 3/29/2017 6/29/2018, 83 FR
cold cleaners. 30571.
R 336.1614.................. Existing conveyorized 3/29/2017 6/29/2018, 83 FR
vapor degreasers. 30571.

* * * * * * *
R 336.1618.................. Use of cutback or 3/29/2017 6/29/2018, 83 FR
emulsified paving 30571.
asphalt.
R 336.1619.................. Standards for 3/29/2017 6/29/2018, 83 FR
perchloroethylene 30571.
dry cleaning
equipment.

* * * * * * *
R 336.1622.................. Emission of volatile 3/29/2017 6/29/2018, 83 FR
organic compounds 30571.
from existing
components of
petroleum
refineries; refinery
monitoring program.

* * * * * * *
R 336.1625.................. Emission of volatile 3/29/2017 6/29/2018, 83 FR
organic compound 30571.
from existing
equipment utilized
in manufacturing
synthesized
pharmaceutical
products.
R 336.1627.................. Delivery vessels; 3/29/2017 6/29/2018, 83 FR
vapor collection 30571.
systems.
R 336.1628.................. Emission of volatile 3/29/2017 6/29/2018, 83 FR
organic compounds 30571.
from components of
existing process
equipment used in
manufacturing
synthetic organic
chemicals and
polymers; monitoring
program.
R 336.1629.................. Emission of volatile 3/29/2017 6/29/2018, 83 FR
organic compounds 30571.
from components of
existing process
equipment used in
processing natural
gas; monitoring
program.

[[Page 186]]

* * * * * * *
R 336.1632.................. Emission of volatile 3/29/2017 6/29/2018, 83 FR
organic compounds 30571.
from existing
automobile, truck,
and business machine
plastic part coating
lines.
R 336.1651.................. Standards for 3/29/2017 6/29/2018, 83 FR
degreasers. 30571.
R 336.1660.................. Standards for 3/29/2017 6/29/2018, 83 FR
volatile organic 30571.
compounds emissions
from consumer
products.
R 336.1661.................. Definitions for 3/29/2017 6/29/2018, 83 FR
consumer products. 30571.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 9: Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
R 336.1902.................. Adoption of Standards 12/20/2016 6/29/2018, 83 FR Only sections
by reference. 30571. (1)(a), (b)(i),
(b)(iii), (b)(iv),
(b)(vii),
(b)(viii), (c),
(d), (e), (f), (g),
(i), (j), (k), (l),
(m), (n), and (s);
(2)(b), (e), and
(g); (3)(a);
(4)(a), (b), (c),
(d), (e), (f), (l),
(m),(o), and (p);
(5); (8); and (9).

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

Sec. 52.1171 Classification of regions.

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

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

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

Sec. 52.1172 Approval status.

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

[[Page 187]]

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 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

[[Page 188]]

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]

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

[[Page 189]]

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.
(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]

[[Page 190]]

(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, 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

[[Page 191]]

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
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

[[Page 192]]

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 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

[[Page 193]]

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 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

[[Page 194]]

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 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.

[[Page 195]]

(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 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.

[[Page 196]]

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

[[Page 197]]

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 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

[[Page 198]]

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 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

[[Page 199]]

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 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.

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(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.
(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,

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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 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

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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 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

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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 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

[[Page 204]]

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 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

[[Page 205]]

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 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.

[[Page 206]]

(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 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.

[[Page 207]]

(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.
(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

[[Page 208]]

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 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.

[[Page 209]]

(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 period,
and then multiplying by 100 to get the total percent of excess emissions
for the reporting period.

[[Page 210]]

(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 a monthly block average for
coal used during that month.

[[Page 211]]

(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 212]]

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 213]]

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 214]]

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 215]]

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) 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.

[80 FR 43960, July 24, 2015, as amended at 82 FR 24870, May 31, 2017]

Sec. 52.1190 Original Identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of Michigan'' and all revisions submitted by Michigan that
were federally approved prior to August 1, 2006.
(b) The plan was officially submitted on February 3, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Re-evaluation of control strategies for Berrien and Ingham
Counties were submitted on March 3, 1972, by the State Air Pollution
Office.
(2) Amendments to the Michigan air pollution rules for the control
of SO2 emissions (Part 3) and the prevention of air pollution
episodes (Part 6) submitted by the Governor on March 30, 1972.
(3) An amendment to the Grand Rapids air pollution ordinance
(section 9.35 and section 9.36) was submitted on May 4, 1972, by the
Grand Rapids Department of Environmental Protection.
(4) Reasons and justifications concerning general requirements of
control strategy for nitrogen dioxide, compliance schedules, and review
of new sources and modifications submitted on July 12, 1972, by the
Governor.
(5) A letter from the State Department of Public Health submitted on
July 24, 1972, described how emissions data would be made available to
the public.
(6) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on February 16, 1973.
(7) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on May 4, 1973.
(8) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on September 19, 1973.
(9) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on October 23, 1973.
(10) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on December 13, 1973.
(11) Air Quality Maintenance Area identifications were submitted on
June 27, 1974, by the State of Michigan Department of Natural Resources.
(12) Air Quality Maintenance Area identifications were submitted on
October 18, 1974, by the State of Michigan Department of Natural
Resources.
(13) Provisions to disapprove an installation permit if the
applicant

[[Page 216]]

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 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.

[[Page 217]]

(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
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

[[Page 218]]

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 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

[[Page 219]]

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 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

[[Page 220]]

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, 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.

[[Page 221]]

(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.
(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

[[Page 222]]

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 Order, SIP No. 12-1984, establishing interim daily average
SO2 emission limitations and quarterly average limits on
percent sulfur is fuel fired.

[[Page 223]]

(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 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.

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(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 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

[[Page 225]]

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:
(1) R 336.1601 Definitions--Added definition of the term person
responsible.
(2) R 336.1602 General provisions for existing sources of volatile
organic

[[Page 226]]

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.
(F) Consent Order 9-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the

[[Page 227]]

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. This Order limits the PM emissions for the St. Marys Cement
Company.

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(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 the area from
moderate nonattainment to attainment for ozone. Elements of

[[Page 229]]

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 230]]

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

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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 232]]

(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 233]]

(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 234]]

(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 235]]

(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 at 71 FR 52469, Sept. 6, 2006]

Editorial Note: For Federal Register citations affecting Sec.
52.1190, 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 236]]

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 7000 PROCEDURAL RULES
----------------------------------------------------------------------------------------------------------------
7000.0300............ Duty of candor...... 4/19/2004 11/2/2017, 82 FR 50807........
----------------------------------------------------------------------------------------------------------------
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.

[[Page 237]]

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.
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.........
7007.3000............ Prevention of 11/26/2007 9/26/2017, 82 FR 44734........
Significant
Deterioration of
Air Quality.
----------------------------------------------------------------------------------------------------------------
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.

[[Page 238]]

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.
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.

[[Page 239]]

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.
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.

[[Page 240]]

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.
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

[[Page 241]]

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

[[Page 242]]

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........
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.

[[Page 243]]

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.......
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
----------------------------------------------------------------------------------------------------------------
10A.07............... Conflicts of 5/25/2013 11/2/2017, 82 FR 50807........
interest.
10A.09............... Statements of 5/23/2015 11/2/2017, 82 FR 50807........
economic interest.
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.''

[[Page 244]]

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.
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''.

[[Page 245]]

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.''
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.

[[Page 246]]

Rochester Sulfur Dioxide Olmstead County....... 11/4/1998....................... 3/9/2001, 66 FR 14087...........
Redesignation and Maintenance Plan.
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 and 5/26/2016........ 11/2/2017, 82 FR 50807.......... CAA elements
Requirements for the 1997 8-Hour 110(a)(2)(A), (B),
Ozone NAAQS. (C) with respect to
enforcement, (D)(ii),
(E) through (H), (J)
except for prevention
of significant
deterioration (PSD),
and (K) through (M)
have been approved.
CAA elements
110(a)(2)(C) and (J)
with respect to PSD
have been
disapproved.

[[Page 247]]

Section 110(a)(2) Infrastructure Statewide............. 11/29/2007 and 5/26/2016........ 11/2/2017, 82 FR 50807.......... CAA elements
Requirements for the 1997 PM2.5 110(a)(2)(A), (B),
NAAQS. (C) with respect to
enforcement, (D)(ii),
(E) through (H), (J)
except for prevention
of significant
deterioration (PSD),
and (K) through (M)
have been approved.
CAA elements
110(a)(2)(C) and (J)
with respect to PSD
have been
disapproved.
Section 110(a)(2) Infrastructure Statewide............. 5/23/2011, 6/27/2012 and 5/26/ 11/2/2017, 82 FR 50807.......... These actions address
Requirements for the 2006 24-Hour 2016. the following CAA
PM2.5 NAAQS. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). We have
not finalized action
on the visibility
protection
requirements of
(D)(i)(II). We will
address these
requirements in a
separate action.
Although EPA has
disapproved 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 248]]

Section 110(a)(2) Infrastructure Statewide............. 6/19/2012 and 5/26/2016......... 11/2/2017, 82 FR 50807.......... These actions address
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).
Although EPA has
disapproved 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) Infrastructure Statewide............. 6/12/2014 and 12/11/2017, 82 FR 58116......... These actions address
Requirements for the 2008 ozone 5/26/2016....................... the following CAA
NAAQS. elements:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M). We have
not taken action on
the visibility
portion of
(D)(i)(II). We will
address these
requirements in a
separate action. EPA
has disapproved 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 249]]

Section 110(a)(2) Infrastructure Statewide............. 6/12/2014 and 5/26/2016......... 11/2/2017, 82 FR 50807.......... These actions address
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 have
not taken action on
the visibility
portion of
(D)(i)(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 and 5/26/2016......... 11/2/2017, 82 FR 50807.......... These actions address
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 have
not taken action on
(D)(i)(I) or the
visibility portion of
(D)(i)(II). We will
address these
requirements in a
separate action. EPA
has disapproved 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 250]]

[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.

Effective Date Note: At 83 FR 30352, June 28, 2018, Sec. 52.1220
was amended in the table in paragraph (e) by adding an entry for
``Regional Haze Progress Report'' to follow the entry titled ``Regional
Haze Plan,'' effective July 30, 2018. For the convenience of the user,
the added text is set forth as follows:

Sec. 52.1220 Identification of plan.

* * * * *

(e) * * *

EPA--Approved Minnesota Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal date/
provision or nonattainment area effective EPA approved date Comments
date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Regional Haze Progress Report.. statewide.............. 12/30/2014 6/28/2018, 83 FR
30350.

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

* * * * *

[[Page 251]]

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.
(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

[[Page 252]]

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-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

[[Page 253]]

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 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

[[Page 254]]

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 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.

[[Page 255]]

(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. 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.

[[Page 256]]

(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.
(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.

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(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.
(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.

[[Page 258]]

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

[[Page 259]]

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

[[Page 260]]

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

[[Page 261]]

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

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

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

Sec. 52.1223 Approval status.

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

[45 FR 40581, June 16, 1980]

Sec. 52.1224 General requirements.

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

[[Page 262]]

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

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

Sec. 52.1225 Review of new sources and modifications.

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

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

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

Sec. Sec. 52.1226-52.1229 [Reserved]

Sec. 52.1230 Control strategy and rules: Particulates.

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

[[Page 263]]

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

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

Sec. Sec. 52.1231-52.1232 [Reserved]

Sec. 52.1233 Operating permits.

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

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

Sec. 52.1234 Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air
Act are met, except for sources seeking permits to locate in Indian
country within the State of Minnesota.
(b) Regulations for the prevention of the 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 for sources wishing to locate in Indian country;
and sources constructed under permits issued by EPA.

[82 FR 44736, Sept. 26, 2017]

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

[[Page 264]]

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 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

[[Page 265]]

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 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

[[Page 266]]

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
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,

[[Page 267]]

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 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.

[[Page 268]]

(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-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,

[[Page 269]]

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
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

[[Page 270]]

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 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

[[Page 271]]

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.
(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

[[Page 272]]

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 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

[[Page 273]]

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 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

[[Page 274]]

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

Where:

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

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

[[Page 275]]

[GRAPHIC] [TIFF OMITTED] TR06FE13.006

Where:

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

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

m = (n + 1) * [alpha]

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

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

UPL = Xm,

Where:

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

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

Where:

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

[[Page 276]]

Hibbing Taconite Company units EU020, EU021, and EU022; United States
Steel Corporation, Minntac units EU225, EU261, EU282, EU315, and EU334;
United Taconite units EU040 and EU042; ArcelorMittal Minorca Mine unit
EU026; and Northshore Mining Company-Silver Bay units Furnace 11 (EU100/
EU104) and Furnace 12 (EU110/EU114).
(3) The owner or operator shall install, certify, calibrate,
maintain, and operate one or more continuous diluent monitor(s)
(O2 or CO2) and continuous flow rate monitor(s) on
the BART affected units to allow conversion of the NOX and
SO2 concentrations to units of the standard (lbs/MMBTU and
lbs/hr, respectively) unless a demonstration is made that a diluent
monitor and continuous flow rate monitor are not needed for the owner or
operator to demonstrate compliance with applicable emission limits in
units of the standards.
(4) For purposes of this section, all CEMS required by this section
must meet the requirements of paragraphs (c)(4)(i) 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

[[Page 277]]

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
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

[[Page 278]]

(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 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

[[Page 279]]

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.
(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

[[Page 280]]

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

[[Page 281]]

(iii) The dates covered by the reporting period.
(iv) Total source operating hours for the reporting period.
(v) Monitor manufacturer, monitor model number, and monitor serial
number.
(vi) Pollutant monitored.
(vii) Emission limitation for the monitored pollutant.
(viii) Date of latest CEMS certification or audit.
(ix) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(x) A table summarizing the total duration of excess emissions, as
defined at paragraphs (e)(7)(x)(A) 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

[[Page 282]]

downtime (monitor equipment malfunctions, non-monitor equipment
malfunctions, quality assurance calibration, other known causes, unknown
causes), and the total percent of monitor downtime (for all causes) for
the reporting period calculated as described at paragraph (e)(7)(xi)(B)
of this section.
(A) For purposes of this section, monitor downtime is defined as any
period of time (in hours) during which the required monitoring system
was not measuring emissions from the BART affected unit. This includes
any period of CEMS QA/QC, daily zero and span checks, and similar
activities.
(B) For purposes of this section, the total percent of monitor
downtime will be determined by summing all periods of monitor downtime
(in hours) for the reporting period, dividing that number by the total
number of BART affected unit operating hours for the reporting period,
and then multiplying by 100 to get the total percent of excess emissions
for the reporting period.
(xii) A table which identifies each period of excess emissions for
the reporting period and includes, at a minimum, the information in
paragraphs (e)(7)(xii)(A) 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

[[Page 283]]

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 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:

m = (n + 1) * [alpha]

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.

[[Page 284]]

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]

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

[[Page 285]]

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

[[Page 286]]

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

[[Page 287]]

promulgation of an approval by the Administrator of a revision to the
Minnesota State Implementation Plan as meeting the requirements of CAIR
for PM2.5 relating to SO2 under Sec. 51.124 of
this chapter, except to the extent the Administrator's approval is
partial or conditional or unless such approval is under Sec. 51.124(r)
of this chapter.
(b) Notwithstanding paragraph (a) of this section, such paragraph is
not applicable as it relates to sources in the State of Minnesota as of
December 3, 2009.
(c)(1) The owner and operator of each source and each unit located
in the State of Minnesota and Indian country within the borders of the
State and for which requirements are set forth under the 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

[[Page 288]]

202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) EPA Approved Mississippi Regulations.

EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Section 1........................ General............ 1/9/94 2/12/96, 61 FR 5295
Section 2........................ Definitions........ 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 289]]

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 290]]

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

[[Page 291]]

11-MAC--Part 2-5 Regulations for the Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
Rule 5.1......................... Purpose of this 5/28/2016 8/8/2017, 82 FR The version of Rule
regulation. 37015. 5.1 in the SIP
does not
incorporate by
reference: (1) The
provisions amended
in the Ethanol
Rule (published in
the Federal
Register May 1,
2007) to exclude
facilities that
produce ethanol
through a natural
fermentation
process from the
definition of
``chemical process
plants'' in the
major NSR source
permitting program
found at 40 CFR
52.21(b)(1)(i)(a)
and
(b)(1)(iii)(t), or
(2) the provisions
at 40 CFR
52.21(b)(2)(v) and
(b)(3)(iii)(c)
that were stayed
indefinitely by
the Fugitive
Emissions Interim
Rule (published in
the Federal
Register March 30,
2011). As
discussed in 82 FR
37015, 8/8/2017,
EPA approved
renaming and
reformatting
changes to the
State's SIP-
approved PSD
regulations via a
July 20, 2017,
Letter Notice.
Rule 5.2......................... Adoption of Federal 5/28/2016 8/8/2017, 82 FR The version of Rule
Rules by Reference. 42457. 5.2 in the SIP
does not
incorporate by
reference: (1) The
provisions amended
in the Ethanol
Rule (published in
the Federal
Register May 1,
2007) to exclude
facilities that
produce ethanol
through a natural
fermentation
process from the
definition of
``chemical process
plants'' in the
major NSR source
permitting program
found at 40 CFR
52.21(b)(1)(i)(a)
and
(b)(1)(iii)(t), or
(2) the provisions
at 40 CFR
52.21(b)(2)(v) and
(b)(3)(iii)(c)
that were stayed
indefinitely by
the Fugitive
Emissions Interim
Rule (published in
the Federal
Register March 30,
2011). As
discussed in 82 FR
37015, 8/8/2017,
EPA approved
renaming and
reformatting
changes to the
State's SIP-
approved PSD
regulations via a
July 20, 2017
Letter Notice.

[[Page 292]]

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

(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.

[[Page 293]]

110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 4/12/2013, 78 FR Addressing element
Requirements for 1997 Fine 21845. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Mississippi....... 10/6/2009......... 4/12/2013, 78 FR Addressing element
Requirements for 2006 Fine 21845. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
Transportation Conformity DeSoto County May 31, 2013...... 11-13-13, 78 FR
Interagency Consultation And portion of 67955.
General Provisions. Memphis, TN-AR-MS
2008 8-hour Ozone
Nonattainment
Area
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 294]]

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 295]]

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......... 12/22/16, 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 296]]

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 297]]

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 298]]

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 299]]

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 300]]

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.
10-5.295....................... 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.
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.

[[Page 301]]

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.
10-5.381....................... On-Board 12/30/2012 3/3/2015, 80 FR 11323
Diagnostics Motor
Vehicle Emissions
Inspection.
10-5.385....................... Control of Heavy 7/30/2012 3/18/2014, 79 FR 15017
Duty Diesel
Vehicle Idling
Emissions.
10-5.390....................... Control of 8/30/2000 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 7/30/2014 3/4/2015, 80 FR 11577 Hydrogen Sulfide
Quality Standards. and Sulfuric Acid
state standards
are not SIP
approved.

[[Page 302]]

10-6.020....................... Definitions and 3/30/2014 3/4/2015, 80 FR 11577 Many of the
Common Reference definitions
Tables. pertain to Title
V, 111(d) and
asbestos programs
and are approved
in the SIP
because they
provide overall
consistency in
the use of terms
in the air
program.
Similarly, the
EPA has also
approved this
rule as part of
the Title V
program, and
111(d) even
though many of
the definitions
pertain only to
the SIP.
10-6.030....................... Sampling Methods 2/28/2006 12/5/2006, 71 FR 70468
for Air Pollution
Sources.
10-6.040....................... Reference Methods. 11/30/2014 3/4/2015, 80 FR 11577.
10-6.045....................... Open Burning 9/30/2009 3/28/2017, 82 FR 15299
Requirements.
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.

[[Page 303]]

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....................... Submission of 9/30/2010 12/14/2011, 76 FR 77701 Section (3)(A),
Emission Data, Emissions Fees,
Emission Fees, has not been
and Process approved as part
Information. of the SIP.
10-6.120....................... Restriction of 3/30/2009 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.

[[Page 304]]

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 6/27/2013 10/21/2014, 79 FR
Emission of 62844.
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.
----------------------------------------------------------------------------------------------------------------
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.
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.

[[Page 305]]

(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).
(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.

[[Page 306]]

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.
(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.

[[Page 307]]

(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.
(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.

[[Page 308]]

(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.
(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).

[[Page 309]]

(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]
(63) Sections 110(a)(1) and Statewide......... 7/8/2013 3/22/2018, 83 FR 12496 This action
110(a)(2) Infrastructure approves the
Requirements for the 2008 following CAA
Ozone NAAQS. elements:
110(a)(1) and
110(a)(2)(A),
(B), (C),
(D)(i)(II)--pron
g 3, (D)(ii),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
110(a)(2)(D)(i)(
I)--prongs 1 and
2 are addressed
by Federal
Implementation
Plans.
110(a)(2)(I) is
not applicable.
[EPA-R07-OAR-201
5-0356; FRL-9975-
71-Region 7].
(64) Sections 110(a)(1) and Statewide......... 4/30/2013 3/22/2018, 83 FR 12496 This action
110(a)(2) Infrastructure approves the
Requirements for the 2010 following CAA
Nitrogen Dioxide NAAQS. elements:
110(a)(1) and
110(a)(2)(A),
(B), (C),
(D)(i)(I),
(D)(i)(II)--pron
g 3, (D)(ii),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
110(a)(2)(I) is
not applicable.
[EPA-R07-OAR-201
7-0268; FRL-9975-
71-Region 7].

[[Page 310]]

(65) Sections 110(a)(1) and Statewide......... 7/8/2013 3/22/2018, 83 FR 12496 This action
110(a)(2) Infrastructure approves the
Requirements for the 2010 following CAA
Sulfur Dioxide NAAQS. elements:
110(a)(1) and
110(a)(2)(A),
(B), (C),
(D)(i)(II)--pron
g 3, (D)(ii),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
EPA is not
acting on
110(a)(2)(D)(i)(
I)--prongs 1 and
2. 110(a)(2)(I)
is not
applicable. EPA
intends to act
on
110(a)(2)(D)(i)(
II)--prong 4 in
a separate
action. [EPA-R07-
OAR-2017-0515;
FRL-9975-71-Regi
on 7].
(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].
(72) Sections 110(a)(1) and Statewide......... 10/14/2015 3/22/2018, 83 FR 12496 This action
110(a)(2) Infrastructure approves the
Requirements for the 2012 following CAA
Annual Fine Particulate Matter elements:
(PM2.5) NAAQS. 110(a)(1) and
110(a)(2)(A),
(B), (C),
(D)(i)(II)--pron
g 3, D(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
110(a)(2)(I) is
not applicable.
[EPA-R07-OAR-201
7-0513; FRL-9975-
71-Region 7].
(73) Missouri State Statute Statewide......... 10/14/2015 3/22/2018, 83 FR 12496 EPA-R07-OAR-2017-
section 105.483(5) RSMo 2014, 0513; FRL-9975-
and Missouri State Statute 71-Region 7.
section 105.485 RSMo 2014.
----------------------------------------------------------------------------------------------------------------

[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.

Sec. 52.1321 Classification of regions.

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

[[Page 311]]

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

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

Sec. 52.1322 Original Identification of Plan Section.

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

[[Page 312]]

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

[[Page 313]]

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

[[Page 314]]

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

[[Page 315]]

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 ``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

[[Page 316]]

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 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.

[[Page 317]]

(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.
(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.

[[Page 318]]

(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 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

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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 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

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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.
(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]

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(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 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

[[Page 322]]

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.
(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.

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(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 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.

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``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 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

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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 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 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

[[Page 326]]

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 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.

[[Page 327]]

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 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

[[Page 328]]

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 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]

[[Page 329]]

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.

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

[39 FR 30835, Aug. 26, 1974]

[[Page 330]]

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-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

[[Page 331]]

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]

Sec. 52.1343 Control strategy: Sulfur dioxide.

(a) Determination of attainment. EPA has determined, as of September
13, 2017, that the Jefferson County 2010 SO2 nonattainment
has attained the 2010 SO2 1-hr NAAQS. This determination
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 2010 SO2 1-hr NAAQS.
(b) [Reserved]

[82 FR 42947, Oct. 13, 2017]

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.

[[Page 332]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
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.. 6/26/2015 5/31/2017 82 FR 24853
17.8.103................................. Incorporation by Reference.. 6/26/2015 5/31/2017 82 FR 24853
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 333]]

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 334]]

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 335]]

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 336]]

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 337]]

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 338]]

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 339]]

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 340]]

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 341]]

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 342]]

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 343]]

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 344]]

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, 6/10/2013 3/28/2018 83 FR 13196.
Exhibits, and Attachments, Exhibit A--American
Chemet Emissions 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 345]]

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 346]]

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 347]]

(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 348]]

(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; 82 FR 24855, May
31, 2017; 83 FR 13198, Mar. 28, 2018]

Effective Date Note: At 83 FR 29695, June 26, 2018, Sec. 52.1370
was amended in the table in paragraph (c) by revising table entry
``17.8.818,'' effective July 26, 2018. For the convenience of the user,
the revised text is set forth as follows:

Sec. 52.1370 Identification of plan.

* * * * *

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
(vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
17.8.818................................. Review of Major Stationary 8/20/2016 6/26/2018 83 FR 29694
Sources and Major
Modifications--Source
Applicability and
Exemptions.

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

* * * * *

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

[[Page 349]]

Miles City Intrastate AQCR 143..................................... III III III III III
Missoula Intrastate AQCR 144....................................... III III III III III
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

Sec. 52.1372 Approval status.

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

[45 FR 2036, Jan. 10, 1980]

Sec. 52.1373 Control strategy: Carbon monoxide.

(a) On July 8, 1997, the Governor of Montana submitted revisions to
the SIP narrative for the Missoula carbon monoxide control plan.
(b) Revisions to the Montana State Implementation Plan, 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, revised
Carbon Monoxide Maintenance Plan for Missoula, as submitted by the
Governor on September 19, 2016 (as approved by the EPA on February 1,
2018).

[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; 82 FR 43184, Sept. 14, 2017; 83 FR
4598, Feb. 1, 2018]

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 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

[[Page 350]]

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 public.
Therefore, section 69-3918 is disapproved.

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

[[Page 351]]

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
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.

[[Page 352]]

(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 and Montana Sulphur &
Chemical Company, adopted by Board Order issued on June 12, 1998, by the
Montana Board of Environmental Review, which section

[[Page 353]]

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.

[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 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,

[[Page 354]]

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, exhibit A to the stipulation of the Montana Department of
Environmental Quality and that facility,

[[Page 355]]

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 of one or several process units for the

[[Page 356]]

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 calibrations and verifications for the

[[Page 357]]

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 358]]

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 359]]

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 360]]

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 361]]

(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 362]]

(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

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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 364]]

(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 365]]

(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 366]]

(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 367]]

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 368]]

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 369]]

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 370]]

(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 371]]

(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 372]]

(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 373]]

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
Oldcastle Materials Cement Holdings, Inc., Trident Plant. This section
also applies to each owner and operator of CFAC and M2 Green
Redevelopment LLC, Missoula site.
Note to paragraph (a): On June 9, 2015, the NOX and
SO2 emission limits for Colstrip Units 1 and 2 and Corette
were vacated by court order.
(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.

[[Page 374]]

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

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

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

----------------------------------------------------------------------------------------------------------------
SO2 emission NOX emission
limit (lb/ton limit (lb/ton
Source name PM emission limit clinker) clinker)

----------------------------------------------------------------------------------------------------------------
Ash Grove, Montana City.................... 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..
Oldcastle, Trident......................... 0.77 lb/ton clinker................ 1.3 7.6
----------------------------------------------------------------------------------------------------------------

(3) [Reserved]
(4) These emission limitations shall apply at all times, including
startups, shutdowns, emergencies, and malfunctions.
(d) Compliance date. The owners and operators of the BART sources
subject to this section shall comply with the emission limitations and
other requirements of this section as follows, unless otherwise
indicated in specific paragraphs: Compliance with PM emission limits is
required by November 17, 2012. Compliance with SO2 and
NOX emission limits is required by April 16, 2013, unless
installation of additional emission controls is necessary to comply with
emission limitations under this rule, in which case compliance is
required by October 18, 2017.
Note to paragraph (d): On June 9, 2015, the NOX and
SO2 emission limits, and thereby compliance dates, for
Colstrip Units 1 and 2 and Corette were vacated by court order.
(e) Compliance determinations for SO2 and
NOX--(1) CEMS for EGUs. At all times after the compliance
date specified in paragraph (d) of this section, the owner/operator of
each unit shall maintain, calibrate, and operate a CEMS, in full
compliance with the requirements found at 40 CFR part 75, to accurately
measure SO2, NOX, diluent, and stack gas
volumetric flow rate from each unit. The CEMS shall be used by the
owner/operator to determine compliance with the emission limitations in
paragraph (c) of this section for each unit.
(2) Method for EGUs. (i) For any hour in which fuel is combusted in
a unit, the owner/operator of each unit shall calculate the hourly
average SO2 and NOX concentration in lb/MMBtu at
the CEMS in accordance with the requirements of 40 CFR part 75. At the
end of each boiler operating day, the owner/operator shall calculate and
record a new 30-day rolling average emission rate in lb/MMBtu from the
arithmetic average of all valid hourly emission rates from the CEMS for
the current boiler operating day and the previous 29 successive boiler
operating days.

[[Page 375]]

(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.
(f) Compliance determinations for particulate matter--(1) EGU
particulate matter BART emission 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

[[Page 376]]

annual basis thereafter, the owner/operator of each unit shall conduct a
stack test on each unit to measure the 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
(f)(1) that was completed within 12 months prior to the compliance
deadline can be used in lieu of the first stack test required. If this
option is chosen, then the next annual stack test shall be due no more
than 12 months after the stack test that was used. 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 emission 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. The results from a stack test meeting the
requirements of this paragraph (f)(2) that was completed within 12
months prior to the compliance deadline can be used in lieu of the first
stack test required. If this option is chosen, then the next annual
stack test shall be due no more than 12 months after the stack test that
was used. 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 Trident, the emission rate (E) of particulate matter shall
be computed by the owner/operator for each run in lb/ton clinker, using
the following equation:

E = (CsQs)/PK

Where:

E = emission rate of PM, lb/ton of clinker produced;
Cs = concentration of PM in grains per standard cubic foot
(gr/scf);
Qs = volumetric flow rate of effluent gas, where
Cs and Qs are on the same basis (either
wet or dry), scf/hr;
P = total kiln clinker production, tons/hr; and
K = conversion factor, 7,000 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

[[Page 377]]

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.
(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)-(k) [Reserved]
(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

[[Page 378]]

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

[77 FR 57915, Sept. 18, 2012, as amended at 82 FR 42745, Sept. 12, 2017]

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.

[[Page 379]]

(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.
(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

[[Page 380]]

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.
(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,

[[Page 381]]

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.
(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,

[[Page 382]]

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) 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.

[[Page 383]]

(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 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.

[[Page 384]]

(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.
(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,

[[Page 385]]

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 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

[[Page 386]]

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; 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.

[[Page 387]]

(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.
(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]

[[Page 388]]

(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.
(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.

[[Page 389]]

(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.
(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

[[Page 390]]

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 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.

[[Page 391]]

(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 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,

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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), 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.

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(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; 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

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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);
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.

[[Page 395]]

(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 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

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the effective date shown in the incorporation by reference for each
section. In these instances, the official publication provides a history
for the section showing the last effective date of a change. For each of
these sections, the last effective date of a change matches the
effective date of the section, showing that the official publication
reflects the text of the section as of the effective date shown in the
following incorporation by reference. The sections, their effective
dates, and the date of the publication are as follows: ARM 17.8.825,
effective 12/27/2002, publication 9/30/2006; ARM 17.8.826, effective 12/
27/2002, publication 9/30/2006; ARM 17.8.906, effective 12/27/2002,
publication 6/30/2003; ARM 17.8.740, effective 12/27/2002, publication
9/30/2006; ARM 17.8.744, effective 12/27/2002, publication 12/31/2005;
ARM 17.8.752, effective 12/27/2002, publication 6/30/2006; ARM 17.8.755,
effective 12/27/2002, publication 6/30/2006; ARM 17.8.756, effective 12/
27/2002, publication 6/30/2006; ARM 17.8.767, effective 12/27/2002,
publication 3/31/2004; ARM 17.8.749, effective 10/17/2003, publication
6/30/2006; ARM 17.8.759, effective 10/17/2003, publication 12/31/2003;
ARM 17.8.763, effective 10/17/2003, publication 6/30/2006; ARM 17.8.764,
effective 10/17/2003, publication 6/30/2006; ARM 17.8.602, effective 6/
17/2005, publication 3/31/2007; ARM 17.8.767, effective 6/17/2005,
publication 6/30/2006; ARM 17.8.802, effective 6/17/2005, publication
12/31/2005; ARM 17.8.1102, effective 6/17/2005, publication 3/31/2007;
ARM 17.8.759, effective 12/23/2005, publication 9/30/2006.
(B) ARM submission dated May 28, 2003.
(1) The following provisions of the ARM are amended effective 12/27/
2002: 17.8.101, Definitions, (4) ``Air quality preconstruction
permit,''; 17.8.110, Malfunctions, (7), (8), and (9); 17.8.818, Review
of Major Stationary Sources and Major Modifications--Source
Applicability and Exemptions, (1); 17.8.825, Sources Impacting Federal
Class I Areas--Additional Requirements, (3); 17.8.826, Public
Participation; 17.8.904, When Montana Air Quality Permit Required;
17.8.905, Additional Conditions of Montana Air Quality Permit, (1) and
(4); 17.8.906, Baseline for Determining Credit for Emissions and Air
Quality Offsets; 17.8.1004, When Montana Air Quality Permit Required;
17.8.1005, Additional Conditions of Montana Air Quality Permit, (1), (2)
and (5); 17.8.1106, Visibility Impact Analysis; 17.8.1109, Adverse
Impact and Federal Land Manager.
(2) The following new provisions of the ARM are effective 12/27/
2002: 17.8.740, Definitions, (except for the phrase in 17.8.740(2)
``includes a reasonable period of time for startup and shakedown and'';
the phrase in 17.8.740(8)(a) ``, except when a permit is not required
under ARM 17.8.745''; the 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--

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Publication Dates; 17.8.103, Incorporation by Reference and Availability
of Referenced Documents; 17.8.302, Incorporation by Reference; 17.8.602,
Incorporation by Reference; 17.8.767, Incorporation by Reference, (1)(d)
through (g), (2), (3), and (4); 17.8.802, Incorporation by Reference;
17.8.902, Incorporation by Reference; 17.8.1002, Incorporation by
Reference; 17.8.1102, Incorporation by Reference.
(E) ARM submission dated October 16, 2006.
(1) The following provisions of the ARM are amended effective 12/23/
2005: 17.8.759, Review of Permit Applications, (4) through (6).
(71) The Governor of Montana submitted revisions, reordering and
renumbering to the Libby County Air Pollution Control Program in a
letter dated June 26, 2006. The revised Lincoln County regulations focus
on woodstove emissions, road dust, and outdoor burning emissions.
(i) Incorporation by reference.
(A) Before the Board of Environmental Review of the State of Montana
order issued on March 23, 2006, by the Montana Board of Environmental
Review approving amendments to the Libby Air Pollution Control Program.
(B) Libby City Council Resolution No. 1660 signed February 27, 2006
and Lincoln County Board of Commissioners Resolution No. 725 signed
February 27, 2006, adopting revisions, reordering and renumbering to the
Lincoln County Air Pollution Control Program, Health and Environment
Regulations, Chapter 1--Control on Air Pollution, Subchapter 1--General
Provisions; Subchapter 2--Solid Fuel Burning Device Regulations;
Subchapter 3--Dust Control Regulations; Subchapter 4--Outdoor Burning
Regulations; as revised on February 27, 2006.
(ii) Additional Material.
(A) Stipulation signed October 7, 1991, between the Montana
Department of Health and Environmental Sciences (MDHES), the County of
Lincoln and the City of Libby, which delineates responsibilities and
authorities between the MDHES, Lincoln County and Libby.
(72) On May 28, 2003 the State of Montana submitted revisions to the
Administrative Rules of Montana (ARM), 17.8.740, Definitions; 17.8.743,
Montana Air Quality Permits--When Required; and 17.8.764, Administrative
Amendment to Permit. On June 25, 2010, the State of Montana submitted
revisions to the ARM, 17.8.745, Montana Air Quality Permits--Exclusion
for De Minimis Changes.
(i) Incorporation by reference.
(A) Administrative Rules of Montana, 17.8.740, Definitions, 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,

[[Page 398]]

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 at 80 FR 22911, April 24, 2015]

Editorial Note: 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.

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]

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.

[[Page 399]]

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...... 5/13/14 4/6/18, 83 FR 14762...... The proposed
definition of
``solid waste''
is not approved
into the SIP.
The second
sentence
beginning at
``Solid waste''
and ending at
``discarded
material'', is
not approved
into the SIP.
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.
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 5/13/14 4/6/18, 83 FR 14762......
Modifications;
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).

[[Page 400]]

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
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.

[[Page 401]]

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.
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.

[[Page 402]]

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

[[Page 403]]

(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].
(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].

[[Page 404]]

(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).
(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).

[[Page 405]]

(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.
(32) Section 110(a)(2) Statewide........ 2/7/2013 4/3/2018, 83 FR 14179.... This action
Infrastructure Requirements addresses the
for the 2010 NO2 NAAQS. following CAA
elements
110(a)(2)(A)
through (C),
(D)(i)(I)--Prong
s 1 and 2,
(D)(i)(II)--Pron
g 3, (D)(ii),
(E) through (H),
and (J) through
(M). [EPA-R07-
OAR-2017-0477;
FRL-9976-09-Regi
on 7].
(33) Section 110(a)(2) Statewide........ 8/22/2013 4/3/2018, 83 FR 14179.... This action
Infrastructure Requirements addresses the
for the 2010 SO2 NAAQS. following CAA
elements
110(a)(2)(A)
through (C),
(D)(i)(II)--Pron
g 3, (D)(ii),
(E) through (H),
and (J) through
(M). [EPA-R07-
OAR-2017-0477;
FRL-9976-09-Regi
on 7].
(34) Section 110(a)(2) Statewide........ 2/22/2016 4/3/2018, 83 FR 14179.... This action
Infrastructure Requirements addresses the
for the 2010 PM2.5 NAAQS. following CAA
elements
110(a)(2)(A)
through (C),
(D)(i)(II)--Pron
g 3, (D)(ii),
(E) through (H),
and (J) through
(M). [EPA-R07-
OAR-2017-0477;
FRL-9976-09-Regi
on 7].
----------------------------------------------------------------------------------------------------------------

[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; 83 FR 14182, Apr. 3, 2018; 83 FR 14765, Apr. 6, 2018]

Effective Date Note: At 83 FR 30355, June 28, 2018, Sec. 52.1420
was amended in the table in paragraph (c) by revising the entry ``129-
43,'' effective July 30, 2018. For the convenience of the user, the
revised text is set forth as follows:

Sec. 52.1420 Identification of plan.

* * * * *

[[Page 406]]

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

* * * * * * *
129-43......................... Visibility 2/6/2008 6/28/2018, 83 FR 30352...
Protection.

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

* * * * *

Sec. 52.1421 Classification of regions.

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

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

Sec. 52.1422 Approval status.

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

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

Sec. 52.1423 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

[[Page 407]]

of the annual PM10 standard occurs, acknowledge that a
nonattainment problem exists and immediately notify the Regional Office.
(4) Within 30 days of the notification referred to in paragraph
(a)(3) of this section, or within 37 months of promulgation of the
PM10 standards, whichever comes first, determine whether
measures in the existing SIP will assure timely attainment and
maintenance of the PM10 standards and immediately notify the
Regional Office.
(5) Within 6 months of the notification referred to in paragraph
(a)(4) of this section, adopt and submit to EPA a PM10
control strategy that assures attainment as expeditiously as practicable
but no later than 3 years from approval of the committal SIP.
An emission inventory will be compiled for the identified Group II
areas. If either area is found to be violating the PM10
standards, the inventory will be completed as part of the
PM10 SIP for that area on a schedule consistent with that
outlined in paragraphs 3, 4, and 5. If the PM10 standards are
not violated, the inventory will be completed not later than July 1,
1989, and submitted to EPA not later than August 31, 1990, as part of
the determination of adequacy of the current SIP to attain and maintain
the PM10 air quality standards.
(b) We request that the total suspended particulate nonattainment
areas in Omaha and Weeping Water (all secondary nonattainment) and
Louisville (Primary nonattainment) be redesignated to unclassifiable.

[54 FR 21063, May 16, 1989]

Sec. 52.1424 Operating permits.

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

[61 FR 4901, Feb. 9, 1996]

Sec. 52.1425 Compliance schedules.

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

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

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

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,

[[Page 408]]

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

[[Page 409]]

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

[[Page 410]]

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

[[Page 411]]

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

[[Page 412]]

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 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 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?

[[Page 413]]

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 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

[[Page 414]]

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.
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).

[[Page 415]]

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.
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.

[[Page 416]]

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).
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.

[[Page 417]]

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).
``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.

[[Page 418]]

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).
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).

[[Page 419]]

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).
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).

[[Page 420]]

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.
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).

[[Page 421]]

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].
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).

[[Page 422]]

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).
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.

[[Page 423]]

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.''
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).

[[Page 424]]

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.
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.

[[Page 425]]

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.
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.

[[Page 426]]

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.
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.

[[Page 427]]

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.
----------------------------------------------------------------------------------------------------------------
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)
.

[[Page 428]]

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.
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).

[[Page 429]]

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).
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).

[[Page 430]]

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).
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).

[[Page 431]]

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.
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).

[[Page 432]]

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).
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).

[[Page 433]]

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).
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).

[[Page 434]]

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).
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).

[[Page 435]]

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).
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).

[[Page 436]]

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

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).

[[Page 437]]

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).
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).

[[Page 438]]

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.................... Emission of 5/5/2016 82 FR 27622 (6/16/2017).. Submitted on June
Visible Air 29, 2015.
Contaminants.
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).
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.

[[Page 439]]

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).
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).

[[Page 440]]

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).
----------------------------------------------------------------------------------------------------------------

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...... 5/26/2016 82 FR 27622 (6/16/2017).. Submitted on
August 15, 2016.
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).

[[Page 441]]

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).
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).

[[Page 442]]

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).
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).

[[Page 443]]

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].
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).

[[Page 444]]

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-Burning 5/26/2016 82 FR 27622 (6/16/2017).. Submitted on
Devices. August 15, 2016.
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).
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 10/24/13 83 FR 983 (1/9/18)....... Previously
Motor Fuel. (amended) approved at 73 FR
38124 (7/3/08).
Submitted on 3/28/
14. Suspends
local motor fuel
oxygenate
requirement.
[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).

[[Page 445]]

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).
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).

[[Page 446]]

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)
.
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).

[[Page 447]]

Las Vegas Valley Air Quality Las Vegas Valley, 12/29/78 46 FR 21758 (4/14/ Carbon monoxide,
Implementation Plan, 12/5/78. Clark County. 81). photochemical
oxidant, and TSP
nonattainment
plan. See 40 CFR
52.1490(c)(14)(iii
). The plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Two memoranda of understanding Las Vegas Valley, 7/24/79 46 FR 21758 (4/14/ Amendments to the
between Clark County, the Health Clark County. 81). Las Vegas Valley
District, and the Transportation Air Quality
Policy Committee. Implementation
Plan, 12/5/78. See
40 CFR
52.1490(c)(16)(v).
Air Quality Implementation Plan, Las Vegas Valley, 4/4/81 47 FR 15790 (4/13/ Updates Las Vegas
Las Vegas Valley, Clark County, Clark County. 82). Valley Air Quality
Nevada, Revised 11/18/80 Implementation
(excluding Clark County Air Plan, 12/5/78, for
Pollution Control Regulations). carbon monoxide,
ozone and TSP to
respond to
conditions placed
on approval. See
40 CFR
52.1490(c)(23)(i).
Clark County air
pollution control
regulations were
included as
appendix C to the
plan but were not
approved as part
of the plan.
Air Quality Implementation Plan, Las Vegas Valley, 6/23/82 49 FR 44208 (11/5/ Submitted as
Las Vegas Valley, Clark County, Clark County. 84). required in
Nevada, Update, 6/1/82. response to EPA's
approval of
request for
extension of CO
attainment date to
1987. See 40 CFR
52.1490(c)(32).
Air Quality Implementation Plan, Las Vegas Valley, 1/11/85 51 FR 29923 (8/21/ Submitted as
Las Vegas Valley, Clark County, Clark County. 86). required in
Nevada, Post 1982 Update, July response to EPA's
1984. approval of
request for
extension of ozone
attainment date to
1987. In addition
to the plan
itself, the
approval includes
an emissions
inventory for
1995, transmitted
by letter dated 3/
14/86. See 40 CFR
52.1490(c)(33)(i)(
A).
Emissions Inventory for 1995..... Las Vegas Valley, 3/14/86 51 FR 29923 (8/21/ Supplements the Air
Clark County. 86). Quality
Implementation
Plan, Las Vegas
Valley, Clark
County, Nevada,
Post 1982 Update,
7/84. See 40 CFR
52.1490(c)(33)(ii)
(A).
Ozone Redesignation Request and Clark County, 4/11/11 78 FR 1149, 1/8/13.. Approval includes
Maintenance Plan, Clark County, Nevada: that appendices A, B,
Nevada (March 2011). portion of Clark and C. Relates to
County that lies in the 1997 8-hour
hydrographic areas ozone standard.
164A, 164B, 165,
166, 167, 212, 213,
214, 216, 217, and
218, but excluding
the Moapa River
Indian Reservation
and the Fort Mohave
Indian Reservation.

[[Page 448]]

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 449]]

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).

[[Page 450]]

Section 7.3 (page 7-2), ``Mobile Las Vegas Valley, 5/12/06 71 FR 44587 (8/7/06) Replacement section
Source Emissions Budget'') of Clark County. for 2005 CO Plan.
the Carbon Monoxide State Adopted by Clark
Implementation Plan Revision, County on 5/2/06.
Las Vegas Valley Nonattainment See 40 CFR
Area, Clark County, Nevada. 52.1490(c)(58)(i)(
A)(1).
Carbon Monoxide Redesignation Las Vegas Valley, 9/18/08 75 FR 59090 (9/27/ See 40 CFR
Request and Maintenance Plan, Clark County. 10). 52.1490(c)(73)(ii)
Las Vegas Valley Nonattainment (B).
Area, Clark County, Nevada
(September 2008), excluding the
appendices.
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).

[[Page 451]]

Request for Extension of the CO Truckee Meadows, 8/19/80 46 FR 45605 (9/14/ See 40 CFR
Attainment Date for the Truckee Washoe County. 81). 52.1490(c)(20).
Meadows CO Nonattainment Area.
Resolution of the Washoe Council Truckee Meadows, 11/17/81 47 FR 15790 (4/13/ Commitments satisfy
of Governments adopted 8/28/81 Washoe County. 82). a condition placed
and Endorsement of the State on approval of the
Environmental Commission dated 1978 Truckee
10/15/81. Meadows Air
Quality
Implementation
Plan. See 40 CFR
52.1490(c)(24)(ii)
.
Truckee Meadows Air Quality Truckee Meadows, 9/14/83 49 FR 31683 (8/8/84) CO nonattainment
Implementation Plan (AQIP), 1982 Washoe County. plan. Attainment
Update (Revised). and RFP
demonstrations and
the Legally
Enforceable
Measures portions
of the plan were
not included in
the approval. See
40 CFR
52.1490(c)(26)(ii)
.
Maintenance Plan for the Washoe Washoe County....... 5/30/07 73 FR 3389 (1/18/08) CAA section
County 8-Hour Ozone Attainment 110(a)(1)
Area (April 2007), excluding maintenance plan.
appendices. See 40 CFR
52.1490(c)(65)(i)(
A)(1).
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 52.1490
Health Meeting, September 28, County. (c)(70)(i)(A)(1)(i
2006, Public Hearing-State ). ``Basic Program-
Implementation Plan (SIP). 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.

[[Page 452]]

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.
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).

[[Page 453]]

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).
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).

[[Page 454]]

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.
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.

[[Page 455]]

2012 Revision to the Nevada State Nevada portion of 4/3/2012 82 FR 26351 (6/7/ 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 26351 (6/7/ 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.
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).

[[Page 456]]

Subsections 6.1.4 (Emergency State-wide.......... 12/29/78 45 FR 46384 (7/10/ Amends provisions
Episode Criteria) and 6.5.2.2 80). from original SIP.
(Episode Actions); table 6.1 See 40 CFR
(Episode stage definitions), 52.1490(c)(14)(i).
table 6.2 (Stage 1 episode,
Stage 2 episode, and Stage 3
episode), and table 6.3 (Source
list); Air Pollution Episode
Notice and; Episode
Communication Checklist.
Section 7--Compliance schedule... State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
72). 52.1490(b).
Section 8--Source surveillance... State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
72). 52.1490(b).
Section 9--Review of new sources State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
and modifications. 72). 52.1490(b).
Section 10--State of Nevada State-wide.......... 6/24/80 46 FR 40512 (8/10/ See 40 CFR
Ambient Air Quality Monitoring 81). 52.1490(c)(19)(i).
and Surveillance.
Section 11--Intergovernmental State-wide.......... 8/30/12 77 FR 64737 (10/23/ Submitted as
Consultation. 12). attachment D to
NDEP's August 30,
2012 SIP revision
submittal.
Attachment D--Inter-Local Washoe County....... 12/4/09 77 FR 64737 (10/23/ Submitted as
Agreement Supporting CAA 12). attachment D to
110(a)(2)(A)-(M) Requirements. NDEP's December 4,
2009 SIP revision
submittal.
Section 12--Resources............ State-wide.......... 8/30/12 77 FR 64737 (10/23/ Submitted as
12). attachment A to
NDEP's August 30,
2012 SIP revision
submittal.
Nevada's Clean Air Act Sec. State-wide, within 10/12/11 79 FR 15697(3/21/14) ``Infrastructure''
110(a)(1) and (2) State NDEP jurisdiction SIP for NDEP and
Implementation Plan for the 2008 and Washoe County. Washoe County for
Lead NAAQS, excluding appendices the 2008 Pb
A-G for NDEP; and excluding the standard.
Washoe County District Board of
Health Agenda, Minutes,
Certificate of Adoption, Cover
Letter to NDEP, and Proof of
Publication.
Clark County Portion of Nevada's Clark County........ 7/23/12 79 FR 15697 (3/21/ ``Infrastructure''
Clean Air Act Sec. 110(a)(1) 14). SIP for Clark
and (2) State Implementation County for the
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).

[[Page 457]]

Enclosure 1--CAA 110(a)(2)(A)-(M) State-wide, within 2/1/08 77 FR 64737 (10/23/ ``Infrastructure''
Requirements in the Current NDEP jurisdiction. 12). SIP for the 1997 8-
Nevada State Implementation Plan Hour ozone
(SIP) for 8-Hour Ozone. standard.
Enclosures (2) and
(3) include copies
of the regulatory
and statutory
provisions
previously
approved in the
Nevada SIP.
Enclosure 1--CAA 110(a)(2)(A)-(M) State-wide, within 2/26/08 77 FR 64737 (10/23/ ``Infrastructure''
Requirements in the Current NDEP jurisdiction. 12). SIP for the 1997
Nevada State Implementation Plan PM2.5 standard.
(SIP) for PM2.5. Enclosures (2) and
(3) include copies
of the regulatory
and statutory
provisions
previously
approved in the
Nevada SIP.
Enclosure 1-CAA 110(a)(2)(A)-(M) State-wide, within 9/15/09 77 FR 64737 (10/23/ ``Infrastructure''
Requirements in the Current NDEP jurisdiction. 12). SIP for the 2006
Nevada State Implementation Plan PM2.5 standard.
(SIP) for PM2.5. Enclosures (2) and
(3) include copies
of the regulatory
and statutory
provisions
previously
approved in the
Nevada SIP.
Attachment A--Current CAA Washoe County....... 12/04/09 77 FR 64737 (10/23/ Attachment B
110(a)(2)(A)-(M) Requirements in 12). includes Washoe
the Washoe County Portion of the County
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.......... 8/30/2012 77 FR 64737 (10/23/ Attachment A
Act Section 110(a)(2) Plan 2012). (``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.......... 6/28/1994 61 FR 4901 (2/9/ See 40 CFR
Technical and Environmental 1996). 52.1490(c)(34)(i)(
Compliance Assistance Program. A).

[[Page 458]]

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/ Interstate
of Environmental Protection 2017). 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.
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.

[[Page 459]]

Nevada Regional Haze State State-wide.......... 11/18/09 77 FR 50936 (8/23/ Excluding Appendix
Implementation Plan (October 2012). 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 the EPA has disapproved. 445B.029,
445B.22095, and
445B.22096, is
listed above in 40
CFR 52.1470(c).
Nevada Regional Haze Plan 5-Year State-wide.......... 11/18/2014 82 FR 37020 (8/8/
Progress Report. 2017).
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).
----------------------------------------------------------------------------------------------------------------
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).

[[Page 460]]

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).
----------------------------------------------------------------------------------------------------------------
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).

[[Page 461]]

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).
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).
----------------------------------------------------------------------------------------------------------------

[[Page 462]]

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).
----------------------------------------------------------------------------------------------------------------
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.

[[Page 463]]

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).
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).

[[Page 464]]

445B.725......................... ``Commission'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.730......................... ``Evidence of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
compliance'' Statutes (2005).
defined. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.735......................... ``Fleet station'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.737......................... ``Heavy-duty motor 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.740......................... ``Light-duty motor 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.745......................... ``Motor vehicle'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.747......................... ``Motor vehicle 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
fuel'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.750......................... ``Passenger car'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.755......................... ``Pollution control 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
device'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.757......................... ``Special fuel'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.758......................... ``Used motor 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.759......................... Inapplicability to 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
military tactical Statutes (2005).
vehicles. See 40 CFR
52.1490(c)(71)(i)(
A)(1).
445B.760......................... Authority of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Commission to Statutes (2005).
prescribe standards See 40 CFR
for emissions from 52.1490(c)(71)(i)(
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.

[[Page 465]]

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).
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.

[[Page 466]]

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).
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).

[[Page 467]]

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).
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.

[[Page 468]]

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.
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.

[[Page 469]]

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.
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.

[[Page 470]]

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).
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).

[[Page 471]]

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.
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.

[[Page 472]]

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.
----------------------------------------------------------------------------------------------------------------
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).
----------------------------------------------------------------------------------------------------------------
* Not applicable.

[[Page 473]]

\1\ The organization of this table generally follows from the organization of the State of Nevada's original
1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
52.1470(c).

[77 FR 14864, Mar. 13, 2012, as amended at 77 FR 17340, Mar. 26, 2012;
77 FR 50951, Aug. 23, 2012; 77 FR 59327, Sept. 27, 2012; 77 FR 60916,
Oct. 5, 2012; 77 FR 64049, Oct. 18, 2012; 77 FR 64745, Oct. 23, 2012; 78
FR 1152, Jan. 8, 2013; 79 FR 15702, Mar. 21, 2014; 79 FR 35052, June 19,
2014; 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; 82
FR 27624, June 16, 2017; 82 FR 37024, Aug. 8, 2017; 82 FR 42041, Sept.
6, 2017; 83 FR 984, Jan. 9, 2018]

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, 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

[[Page 474]]

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 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

[[Page 475]]

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 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

[[Page 476]]

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.
(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]

[[Page 477]]

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)-(d) [Reserved]
(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.
(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

[[Page 478]]

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 any standard or applicable emission
limit in the plan.
(g) Approval. On November 18, 2014, the Nevada Division of
Environmental Protection submitted the ``Nevada Regional Haze Plan 5-
Year Progress Report'' (``Progress Report''). The Progress Report meets
the requirements of the Regional Haze Rule in 40 CFR 51.308.

[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; 82 FR 37025, Aug. 8, 2017; 82 FR 48770, Oct. 20,
2017]

[[Page 479]]

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, 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;

[[Page 480]]

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.
(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,

[[Page 481]]

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 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.

[[Page 482]]

(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.
(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,''

[[Page 483]]

``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)).
(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)).

[[Page 484]]

(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.
(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

[[Page 485]]

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, 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

[[Page 486]]

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.
(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.

[[Page 487]]

(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.
(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).

[[Page 488]]

(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,
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

[[Page 489]]

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.
(1) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on September 6,

[[Page 490]]

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: Construction, reconstruction and initial
start-up; demonstration of continuous monitoring system performance;''
adopted by the State Environmental Commission on October 4, 2005.

[[Page 491]]

(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: 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

[[Page 492]]

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 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

[[Page 493]]

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,'' 482.2705, ``License plates: Passenger cars and trucks,''
482.271, ``License plates: Decals; fees,'' 482.2715, ``License plates:
Registrant entitled to maintain

[[Page 494]]

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, ``Test station: License required to operate;
expiration of license; ratings; performance of certain services;
prohibited acts; location,'' 445B.461, ``Compliance by Federal
Government,

[[Page 495]]

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,''
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-

[[Page 496]]

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 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.

[[Page 497]]

(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 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.

[[Page 498]]

(ii) Additional materials. (A) Non-regulatory portions of the State
submittal.
(2)-(11) [Reserved]
(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; 82 FR 24061, May 25, 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 100........................ Definition of 4/29/2003 2/16/2018, 83 FR Remove Part Env-A
``Incinerator''. 6972. 101.59, definition
of ``Incinerator''
and replace with
``[reserved].''
Env-A 100........................ Definition of 4/29/2003 2/16/2018, 83 FR Remove Part Env-A
``Wood Waste 6972. 101.95, definition
Burner''. of ``Wood Waste
Burner'' and
replace with
``[reserved].''
Env-A 100........................ Definition of 4/23/2013 2/16/2018, 83 FR Approve Part Env-A
``Incinerator''. 6972. 101.104,
definition of
``Incinerator.''
Env-A 100........................ Definition of 1/14/2005 2/16/2018, 83 FR Approve Part Env-A
``Wood Waste 6972. 101.219,
Burner''. definition of
``Wood Waste
Burner.''
Env-A 200........................ Permit Notice and .............. 5/25/2017, 82 FR Removal of Env-A
Hearing Procedures. 24057. 205 from SIP
Env-A 300........................ Ambient Air Quality 9/1/2012 6/24/2014, 79 FR
Standards.. 35699.

[[Page 499]]

Env-A 400........................ Sulfur Content 12/24/1990 8/14/1992, 57 FR Section Env-A
Limits in Fuels. 36603. 405.05 (c) and
(d); and Part Env-
A 406 are not part
of the SIP.
Env-A 600........................ Statewide Permit 10/22/2016 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)
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 7/18/2015 3/30/2018, 83 FR Approved sections
Obligations. 13668. Env-A 901 through
911, except for
the following
sections withdrawn
by the State and
which are not part
of the approved
SIP: Env-A
907.01(d) and (e);
907.02(a)(1),
(d)(1) a. and c.,
(d)(2), and (e);
907.03; 911.04(b)
and (c); 911.05.
Env-A 1000....................... Control of Open 5/1/2011 2/16/2018, 83 FR Approve Part Env-A
Burning. 6972. 1000 ``Prevention,
Abatement and
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 1900....................... Emission Standards 4/23/2013 2/16/2018, 83 FR Approve Part Env-A
and Operating 6972. 1900
Practices for ``Incinerators and
Incinerators. Wood Waste
Burners.''
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

[[Page 500]]

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.
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.

[[Page 501]]

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.
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.

[[Page 502]]

The James River Corporation, Permit Number PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 1550, Conditions 47392. The air permit
5B, 5C, and 5D. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit Number PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 213, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 214, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 215, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-BP- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 2240, Condition 5B. 47392. The air permit
conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
Source specific NOX RACT order Order ARD-95-001... 5/10/1995 4/9/1997, 62 FR See 52.1535(c)(50).
for Groveton Paperboard Corp., 17087.
Groveton, NH.
Source specific NOX RACT order Order ARD-95-003... 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.

[[Page 503]]

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.
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.
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.
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.
Sturm Ruger & Company............ ARD-03-001......... 2/2/2017 3/30/2018, 83 FR VOC RACT Order, as
13668. amended February
2, 2017, except
sections D.1, and
introductory
clauses to
sections D.2,
D.3.b, D.5.a.i and
b.i.
----------------------------------------------------------------------------------------------------------------
\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.

[[Page 504]]

Attainment dates of national Statewide.......... 8/8/1972 9/22/1972, 37 FR See 52.1535(c)(3).
primary and secondary air 19806.
quality standards.
Compliance schedules............. Statewide.......... 2/14/1973 6/20/1973, 38 FR See 52.1535(c)(5).
16144.
Compliance schedules............. Statewide.......... 3/22/1973 6/20/1973, 38 FR See 52.1535(c)(6).
16144.
Revision exempting steam Statewide.......... 4/3/1973 12/14/1973, 38 FR See 52.1535(c)(7).
locomotives from the plan. 34476.
AQMA identification material..... Statewide.......... 5/20/1974 6/2/1975, 40 FR See 52.1535(c)(9).
23746.
Attainment plans to meet the Statewide.......... 5/29/1979 4/11/1980, 45 FR See 52.1535(c)(12).
requirements of Part D for 24869.
carbon monoxide for Metropolitan
Manchester and ozone for AQCR
121, programs for the review of
construction and operation of
new and modified major
stationary sources of pollution
in both attainment and non-
attainment areas and certain
miscellaneous provisions.
November 6, 1979 letter from New Statewide.......... 11/6/1979 4/11/1980, 45 FR See 52.1535(c)(12).
Hampshire Assistant Attorney 24869.
General.
March 17, 1980 letter addressing Statewide.......... 3/17/1980 4/11/1980, 45 FR See 52.1535(c)(12).
external emission offsets. 24869.
Attainment plans to meet the Areas designated 9/19/1979 6/23/1980, 45 FR See 52.1535(c)(13).
requirements of Part D for total non-attainment for 41942.
suspended particulates and one or more
sulfur dioxide in Berlin, NH. pollutants.
A plan to provide comprehensive Statewide.......... 2/28/1980 9/9/1980, 45 FR See 52.1535(c)(15).
public participation and an 59313.
analysis of the effects of the
New Hampshire 1979 SIP revisions.
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.

[[Page 505]]

Revision to the January 12, 1981 City of Manchester. 2/18/1981 1/7/1982, 47 FR 763 See 52.1535(c)(19).
CO Attainment Plan for
Manchester, NH.
Carbon monoxide attainment plan City of Manchester. 10/5/1982 6/27/1983, 48 FR See 52.1535
revisions for the City of 29479. (c)(23).
Manchester which meet the
requirements of Part D of the
Act for 1982 SIP revisions.
Revision to the October 5, 1982 City of Manchester. 12/20/1982 6/27/1983, 48 FR See 52.1535(c)(23).
CO Attainment Plan for 29479.
Manchester, NH.
The TSP Plan to attain primary Berlin, NH......... 5/9/1984 9/27/1984, 49 FR See 52.1535(c)(33).
standards in Berlin, New 38104.
Hampshire.
Letter from the New Hampshire Air Statewide.......... 4/26/1985 9/17/1987, 52 FR See 52.1535(c)(37).
Resources Commission submitting 35081.
revisions to the SIP.
Letter interpreting NH's Statewide.......... 1/20/1986 9/17/1987, 52 FR See 52.1535(c)(37).
regulation for Continuous 35081.
Emission Monitoring Systems.
NH Letter of intent to implement Statewide.......... 5/12/1987 9/17/1987, 52 FR See 52.1535(c)(37).
applicable emission limits 35081.
required by EPA's New Source
Performance Standard (NSPS).
Letter submitting a revision to Nashua and 11 9/12/1985 8/25/1988, 53 FR See 52.1535(c)(39).
the CO Attainment Plan for the surrounding towns. 32391. Attainment plans
City of Nashua, NH. for carbon
monoxide for the
City of Nashua
including an
extension of the
attainment date to
December 31, 1990.
Narrative submittals, including Nashua and 11 2/26/1985 8/25/1988, 53 FR See 52.1535(c)(39).
an attainment demonstration for surrounding towns. 32391.
carbon monoxide for the City of
Nashua.
Letter identifying extensions to Nashua and 11 12/3/1985 8/25/1988, 53 FR See 52.1535(c)(39).
the Nashua intersection-specific surrounding area. 32391.
measures (Build I).
Letter submitting final motor Nashua and 11 10/7/1986 8/25/1988, 53 FR See 52.1535(c)(39).
vehicle emissions inspection surrounding towns. 32391.
(I&M) program for the Nashua, NH
area.
Letter from Governor John H. Nashua and 11 3/6/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Sununu to Michael R. Deland surrounding towns. 32391.
committing to take legislative
measures to convert the
Inspection/Maintenance program
in the Nashua area to the use of
computerized emission analyzers
in the event that the program is
found to not be achieving the
necessary emission reductions.

[[Page 506]]

Letter from NH DES, Air Resources Nashua and 11 5/12/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Division providing additional surrounding towns. 32391.
information on Nashua
intersection-specific traffic
flow improvements in Nashua, NH
CO Attainment Plan.
Letter from NH DES, Air Resources Nashua and 11 10/15/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Division submitting additions to surrounding towns. 32391.
the Nashua, NH CO Attainment
Plan.
Letter from the New Hampshire Air Statewide.......... 7/6/1989 8/19/1994, 59 FR See 52.1535(c)(40).
Resources Division dated July 6, 42766.
1989 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 2/12/1991 8/14/1991, 56 FR See 52.1535(c)(41).
Resources Division dated 40252.
February 12, 1991 submitting a
revision to the NH SIP.
Nonregulatory portions of the Statewide.......... 2/12/1991 8/14/1991, 56 FR See 52.1535(c)(41).
State submittal. 40252.
Letter from the New Hampshire Air Statewide.......... 11/21/1989 6/13/1991, 56 FR See 52.1535(c)(43).
Resources Division dated 27197.
November 21, 1989 submitting a
revision to the NH SIP.
Letter from Robert W. Varney, Statewide.......... 11/21/1989 6/13/1991, 56 FR See 52.1535(c)(43).
Commissioner of the Department 27197.
of Environmental Services of New
Hampshire, to John B. Hammond,
Acting Director of the New
Hampshire Office of Legislative
Services, dated November 15,
1989, adopting final rules.
Letter from the New Hampshire Air Statewide.......... 9/12/1990 12/12/1991, 56 FR See 52.1535(c)(44).
Resources Division dated 64703.
September 12, 1990 submitting a
revision to the NH SIP that
withdraws nine source-specific
operating permits incorporated
by reference at 40 CFR
52.1535(c)(21), (c)(25) and
(c)(32).
Letter from the New Hampshire Air Statewide.......... 7/2/1991 12/12/1991, 56 FR See 52.1535(c)(44).
Resources Division dated July 2, 64703.
1991 submitting documentation of
a public hearing.
Letter from the New Hampshire Air Statewide.......... 2/12/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated 36603.
February 12, 1991 submitting
revisions to the NH SIP.

[[Page 507]]

Letter from the New Hampshire Air Statewide.......... 5/7/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated May 7, 36603.
1991 withdrawing certain portion
of the February 12, 1991 SIP
submittal.
Letter from the New Hampshire Air Statewide.......... 8/20/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated August 36603.
20, 1991 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 8/26/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated August 36603.
26, 1991 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 3/6/1992 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated March 36603.
6, 1992 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 5/6/1992 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated May 6, 36603.
1992 withdrawing certain portion
of the February 12, 1991 SIP
submittal.
Letter from the New Hampshire Air Statewide.......... 5/15/1992 1/19/1993, 58 FR See 52.1535(c)(46).
Resources Division dated May 15, 4902. Revisions to the
1992 submitting a revision to SIP consisting of
the NH SIP. amendments to
Emission Control
Methods for
Cutback and
Emulsified
Asphalt.
Letter from the New Hampshire Air Statewide.......... 5/15/1992 5/25/1993, 58 FR See 52.1535(c)(47).
Resources Division dated May 15, 29973.
1992 submitting a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 12/21/1992 4/9/1997, 62 FR See 52.1535(c)(49).
Resources Division dated 17087.
December 21, 1992, submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 6/17/1994 4/9/1997, 62 FR See 52.1535(c)(49).
Resources Division dated June 17087.
17, 1994 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/7/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated July 7, 17087.
1995 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/18/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated 17087.
September 18, 1995 submitting
revisions to the NH SIP.

[[Page 508]]

Letter from the New Hampshire Air Statewide.......... 10/18/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated October 17087.
18, 1995, submitting revisions
to the NH SIP.
Letter from the New Hampshire Air Gonic, NH.......... 12/9/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated 11600.
December 9, 1996 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 6/28/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated June 11600.
28, 1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Manchester, NH..... 10/24/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated October 11600.
24, 1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/10/1995 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated July 11600.
10, 1995 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 12/21/1992 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated 11600.
December 21, 1992 submitting
revisions to the NH SIP.
Letter dated November 21, 1997 Statewide.......... 11/21/1997 3/10/1998, 63 FR See 52.1535(c)(51).
withdrawing Env-A 1204.06 from 11600.
the SIP submittal.
NH-DES letter dated December 13, Statewide.......... 12/13/1994 10/27/1997, 62 FR See 52.1535(c)(52).
1994, and signed by Thomas M. 55521.
Noel, Acting Director, NH DES.
State of New Hampshire Statewide.......... 12/13/1994 10/27/1997, 62 FR See 52.1535(c)(52).
Photochemical Assessment 55521.
Monitoring Stations--Network
Plan--Network Overview.
Letter from the New Hampshire Air Portsmouth-Dover- 8/29/1996 10/27/1997, 62 FR See 52.1533.
Resources Division dated August Rochester serious 55521. Revisions to the
29, 1996 submitting a revision ozone SIP for the
to the NH SIP. nonattainment purpose of
area, and the NH satisfying the
portion of the rate-of-progress
Boston-Lawrence- requirement of
Worcester serious section 182(b) and
ozone the contingency
nonattainment area. measure
requirement of
section 172(c)(9)
of the Clean Air
Act.
Letter from the New Hampshire Air Statewide.......... 4/14/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated April 26455.
14, 1997 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Nashua, NH......... 5/6/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated May 6, 26455.
1997 submitting revisions to the
NH SIP.

[[Page 509]]

Letter from the New Hampshire Air Statewide.......... 9/24/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated 26455.
September 24, 1997 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/27/1998 11/14/2000, 65 FR See 52.1535(c)(57).
Resources Division dated July 68078.
27, 1998 submitting a revision
to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 11/24/1992 12/7/1998, 63 FR See 52.1535(c)(58).
Resources Division dated 67405.
November 24, 1992 submitting a
revision to the New Hampshire
State Implementation Plan.
New Hampshire Department of Statewide.......... 11/24/1992 12/7/1998, 63 FR See 52.1535(c)(58).
Environmental Services ``Stage 67405.
II Equivalency Demonstration,''
dated November 1992.
Nonregulatory portions of the Statewide.......... 7/2/1993 12/7/1998, 63 FR See 52.1535(c)(58).
submittal. 67405. NH's Gasoline
Vapor Recovery
Testing Procedures
and Inspection
Manual.
Letter from the New Hampshire Air Statewide.......... 11/20/1998 1/10/2001, 66 FR See 52.1535(c)(59).
Resources Division dated 1868.
November 20, 1998 submitting a
revision to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/4/1998 1/10/2001, 66 FR See 52.1535(c)(59).
Resources Division dated 1868.
September 4, 1998 submitting a
revision to the NH SIP.
Document entitled ``Alternative Statewide.......... 9/4/1998 1/10/2001, 66 FR See 52.1535(c)(59).
New Hampshire Motor Vehicle 1868.
Inspection/Maintenance State
Implementation Plan Revision''
dated September 4, 1998.
Letter from the New Hampshire Air Statewide.......... 8/9/2001 10/28/2002, 67 FR See 52.1535(c)(60).
Resources Division dated August 65710.
6, 2001 submitting a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 4/26/1995 10/28/2002, 67 FR See 52.1535(c)(60).
Resources Division dated April 65710.
26, 1995 submitting a revision
to the NH SIP.
Nonregulatory portions of the Statewide.......... 4/26/1995 10/28/2002, 67 FR See 52.1535(c)(60).
State submittal.. 65710.
Document entitled ``New Hampshire Statewide.......... 7/9/1998 9/29/1999, 64 FR See 52.1535(c)(61).
Stage II Comparability 52434..
Analysis,'' prepared by the New
Hampshire Department of
Environmental Services, dated
July 1, 1998.

[[Page 510]]

Letter from the New Hampshire Statewide.......... 6/7/1994 9/29/1999, 64 FR See 52.1535(c)(62).
Department of Environmental 52434..
Services dated June 7, 1994
submitting a revision to the NH
SIP.
Document entitled ``Clean Fuel Statewide.......... 6/7/1994 9/29/1999, 64 FR See 52.1535(c)(62).
Fleet Equivalency 52434..
Demonstration,'' prepared by the
New Hampshire Department of
Environmental Services, dated
May, 1994.
Letter from the New Hampshire Statewide.......... 7/10/1996 8/16/1999, 64 FR See 52.1535(c)(63).
Department of Environmental 44417.
Services dated July 10, 1996
submitting a revision to the NH
SIP.
Letter from the New Hampshire Air Statewide.......... 7/17/1998 11/14/2000, 65 FR See 52.1535(c)(64).
Resources Division dated July 68078.
17, 1998 submitting Final RACT
Order 98-001 as a revision to
the NH SIP.
Letter from the New Hampshire Statewide.......... 8/16/1999 3/9/2000, 65 FR See 52.1535(c)(65).
Department of Environmental 12476.
Services dated August 16, 1999
submitting the Low Emission
Vehicle program as a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/29/1993 7/27/2001, 66 FR See 52.1535(c)(66).
Resources Division dated July 39100.
29, 1993 submitting a revision
to the New Hampshire State
Implementation Plan.
Letter from the New Hampshire Air Statewide.......... 7/2/1999 7/27/2001, 66 FR See 52.1535(c)(66).
Resources Division dated July 2, 39100.
1999 submitting a revision to
the New Hampshire State
Implementation Plan.
Letter from the New Hampshire Statewide.......... 9/11/1998 7/10/2000, 65 FR See 52.1535(c)(67).
Department of Environmental 42290.
Services dated September 11,
1998 stating a negative
declaration for the aerospace
coating operations Control
Techniques Guideline category.
Letter from the DES, dated April Merrimack, NH...... 4/15/2002 7/23/2002, 67 FR See 52.1535(c)(68).
15, 2002, submitting revised 48033.
Anheuser-Busch order to EPA as a
SIP revision and withdrawing
previous submittal for this
facility dated June 20, 2000.
Letter from the DES, dated March Nashua, NH......... 3/22/2002 7/23/2002, 67 FR See 52.1535(c)(68).
22, 2002, containing information 48033.
on New Filcas of America.

[[Page 511]]

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).
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 5/25/2017, 82 FR Items that were
NAAQS. 24057. conditionally
approved on 12/16/
2015 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/
2015 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/
2015 are now fully
approved.

[[Page 512]]

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/
2015 are now fully
approved.
Infrastructure SIP for 2006 PM2.5 Statewide.......... 9/18/2009 5/25/2017, 82 FR Items that were
NAAQS. 24057. conditionally
approved on 12/16/
2015 are 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.
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)
.
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.

[[Page 513]]

[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; 82 FR 24061, May 25,
2017; 83 FR 6975, Feb. 16, 2018; 83 FR 13671, Mar. 30, 2018]

Effective Date Note: At 83 FR 25935, June 5, 2018, Sec. 52.1520 was
amended in the table in paragraph (d) by revising the entry for ``PSNH
Merrimack Station'' and adding the entry for ``PSNH d/b/a Eversource
Energy Merrimack Station'' to the end of the table; and amended in the
table in paragraph (e) by adding an entry for ``Central New Hampshire
Nonattainment Area Plan for the 2010 Primary 1-Hour Sulfur Dioxide
NAAQS'' to the end of the table, effective July 5, 2018. For the
convenience of the user, the added and revised text is set forth as
follows:

Sec. 52.1520 Identification of plan.

* * * * *

(d) * * *

* * * * * * *
PSNH Merrimack Station........... TP-0008.......... 7/8/2011 8/22/2012, 77 FR Flue Gas Desulfurization
50602. System. Portions of
this permit have been
superseded by TP-0189
for PSNH d/b/a
Eversource Energy
Merrimack Station.

* * * * * * *
PSNH d/b/a Eversource Energy TP-0189.......... 9/1/2016 6/5/2018, 83 FR Items 1, 2, and 3 in
Merrimack Station. 25922. Table 4 ``Operating and
Emission Limits'';
items 1 and 2 in Table
5 ``Monitoring and
Testing Requirements'';
items 1 and 2 in Table
6 ``Recordkeeping
Requirements''; items 1
and 2 in Table 7
``Reporting
Requirements''.
----------------------------------------------------------------------------------------------------------------
\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) * * *

New Hampshire Nonregulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal EPA approved
provision nonattainment date/effective date \ 3\ Explanations
area date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Central New Hampshire Central New 1/31/2017 6/5/2018 83 FR
Nonattainment Area Plan for Hampshire SO2 25922.
the 2010 Primary 1-Hour Nonattainment
Sulfur Dioxide NAAQS. Area.
----------------------------------------------------------------------------------------------------------------
\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:

[[Page 514]]

[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]

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.

[[Page 515]]

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

(d) Federal compliance schedules. The compliance schedules for the
sources identified below are promulgated herein in satisfaction of the
requirements of subpart N of this chapter. All regulations cited are air
pollution control regulations ofthe State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
Regulation Final compliance
Source Location involved Effective date date
----------------------------------------------------------------------------------------------------------------
Brown Co.:
(a) No. 11 Kraft recovery....... Berlin, N.H......... 15 Immediately......... Jan. 1973.
(b) No. 11 Kraft recovery....... ......do............ 15 ......do............ Jan. 1974.
(c) No. 8 Kraft recovery boiler ......do............ 15 ......do............ July 1974.
main stack.
(d) No. 8 Kraft recovery smelt ......do............ 15 ......do............ Dec. 1974.
tank vent.
(e) Heavy black liquor oxidation ......do............ 15 ......do............ June 1974.
(f) No. 1 lime kiln stack....... ......do............ 15 ......do............ Jan. 1973.
(g) No. 2 lime kiln stack....... ......do............ 15 ......do............ Dec. 1974.
----------------------------------------------------------------------------------------------------------------

[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.'

[[Page 516]]

12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 101
renumbered and
completely replaced;
Sections Env-A
101.21; .27; .33;
.51; .53; .58; .63;
.98; and Parts Env-A
102 and 103 are not
part of the approved
SIP.
Procedural Rules.................. CH Air 200........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Parts Air 201-204 and
Parts Air 206-210
are not part of the
approved SIP.
10/21/82 4/21/83.............. 48 FR 17077.......... (c)(24) Section Air 205.10
added.
Env-A 200............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Parts Env-A 206 and
208 and Sections Env-
A 209.01-04 are not
part of the approved
SIP.
Procedural Rules.................. Env-A 200............ 2/17/95 10/28/02............. 67 FR 65710.......... (c)(60) Approving Env-A
& 205.03 & Env-A
7/23/01 205.04 as amended 7/
23/01.
Ambient Air Quality Standards..... CH Air 300........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 304 is not
part of the approved
SIP.
Env-A 300............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 304 is not
part of the approved
SIP.
Particulate matter................ Env-A 303............ 4/21/89 8/19/94.............. 59 FR 42768.......... (c)(40) 303.01
303.015
Sulfur Content Limits in Fuels.... CH Air 400........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Section Air 402.02 is
not part of the
approved SIP.
2/20/75 3/23/84.............. 49 FR 11094.......... (c)(26) Section Air 402.02
added, raising
allowable sulfur-in-
oil limit for but 10
sources.
10/20/83 8/07/84.............. 49 FR 31415.......... (c)(29) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for 5
source excluded at
(c)(26) above.
12/15/83 8/01/84.............. 49 FR 30695.......... (c)(31) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for 2
sources excluded at
(c)(26) above.
4/17/86 2/02/87.............. 52 FR 3117........... (c)(35) Revision restricting
emission limits for
Dartmouth College.
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)

[[Page 517]]

12/20/84 9/17/87.............. 52 FR 35082.......... (c)(37) Revisions to Sections
Air 704.01-.02 and
Air 706.01-.02.
Env-A 700............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45)
Testing and Monitoring............ CH Air 800........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 803 is not
part of the approved
SIP.
Env-A 800............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Part Env-A 804 added;
Revision to Section
Env-A 802.07.
12/24/90 8/14/91.............. 56 FR 40253.......... (c)(41) Sections Env-A 802.09-
.10 added.
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 803 is not
part of the approved
SIP.
Testing Requirements.............. CH Air 800........... 1/17/92 5/25/93.............. 58 FR 29974.......... (c)(47) Part Env-A 805
Capture Efficiency
Test Procedures
Purpose........................... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 801. monitoring
procedures.
Testing and Monitoring for CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
Stationary Sources: General A 802. monitoring
Requirements. procedures.
VOC Testing....................... CH air 800, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 803. monitoring
procedures.
Capture Efficiency................ CH air 800, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 804. monitoring
procedures.
Continuous Emission Monitoring.... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 805. monitoring
procedures.
Testing for Diesel Engines and CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
Motor Vehicles. A 806. monitoring
procedures.
Approval of Alternate Methods..... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 807. monitoring
procedures.
Owner or Operator Obligations..... CH Air 900........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22)
Env-A 900............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Sections Env-A
901.021-.022 and
901.05 added;
Revision to Section
Env-A 901.02.
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45)
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.

[[Page 518]]

Open-Air Burning.................. Env-A 1001........... 5/19/89 8/19/94.............. 59 FR 42768.......... (c)(40) 1001.02
Prevention, Abatement, and Control CH Air 1200.......... 6/17/82 3/15/83.............. 48 FR 10830.......... (c)(22) Section Air 1201.07
of Stationary Source Air and Part Air 1206
Pollution Part. are not part of the
approved SIP.
2/19/80 10/31/83............. 48 FR 50077.......... (c)(27) Revisions to Section
1204.02(c) and
1204.21(j); Section
1204.17 added.
7/21/83 2/01/84.............. 49 FR 3989........... (c)(28) Revision to Section
Air 1204.01.
2/16/84 6/01/84.............. 49 FR 24724.......... (c)(30) Section Air
1201.05(e) added.
12/20/84 9/17/87.............. 52 FR 35082.......... (c)(37) Revisions to Sections
Air 1202.07-.09;
Section Air 1202.10
added.
Prevention, Abatement and Control CH Air 1200.......... 1/17/92 5/25/93.............. 58 FR 29974.......... (c)(47) Part Env-A Sections
of Stationary Source Air 1204.02; 1204.04;
Pollution. 1204.05 through
1204.08; 1204.14
through 1204.15.
Env-A 1200........... 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Revisions to Sections
Env-A 1204.01-.16;
Section Env-A
1204.19 added.
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Section Env-A 1206.03
is not part of the
approved SIP.
Env-A 1200........... 1/17/92 1/19/93.............. 58 FR 4904........... (c)(46) Revisions to Section
Env-A 1204.12.
Nitrogen oxides emission limits... CH Air 1200 Part Env- 5/20/94 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX RACT
A 1211. requirements.
Stationary Sources of Volatile CH air 1204, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... c(51) Adds VOC RACT
Organic Compounds. A 1204 (except requirements.
1204.09). Limited approval
only of Env-A
1204.27
Applicability Criteria and Env-A 1204.27........ 8/21/95 7/23/02.............. 67 FR 48036.......... (c)(68) Rule fully approved
Compliance Options for for the New
Miscellaneous and Multi-category Hampshire portion of
Stationary VOC Sources. the eastern
Massachusetts
serious ozone
nonattainment area.
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.

[[Page 519]]

Source Specific Order............. Order ARD-00-001..... 4/15/02 7/23/02.............. 67 FR 48036.......... (c)(68) VOC RACT for Anheuser-
Busch.
Conformity of General Federal CH Env-A 1500, Part 4/19/96 8/16/99.............. 64 FR 44420.......... (c)(63) None.
Actions. Env-A 1502.
National Low Emission Vehicle CH air 3600.......... 7/21/99 3/9/00............... 65 FR 12480.......... (c)(65) Approval of
Program. commitment to
National Low
Emission Vehicle
Program.
NOX Budget Trading Program........ Part Env-A 3200...... 7/27/98 11/14/00............. 65 FR 68082.......... (c)(57) Approval of OTC NOX
budget and allowance
trading program.
Emission Amendments to Official NHCAR, Part Saf-C 11/17/98 1/10/01.............. 66 FR 1871 (c)(59) Part Saf-C 3221A
Motor Vehicle Inspection Req. 3221A. ``Emission
Amendments to
Official Motor
Vehicle Inspection
Requirements''
adopted on November
17, 1998;
Roadside Diesel Opacity Inspection NHCAR, Part Saf-C 11/17/98 1/10/01.............. 66 FR 1871 (c)(59) Part Saf-C 5800
Program Rules. 5800. ``Roadside Diesel
Opacity Inspection
Program Rules''
adopted on November
17, 1998.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These regulations are applicable statewide unless otherwise noted in the Explanation section.
\2\ When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter title for the air regulations changed from
CH Air to Env-A.

[50 FR 767, Jan. 7, 1985]

Editorial Note: For Federal Register citations affecting Sec.
52.1525, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Sec. 52.1526 [Reserved]

Sec. 52.1527 Rules and regulations.

(a) [Reserved]
(b) The following elements are not part of the approved SIP:
(1) Intergovernmental consultations
(2) Public notification
(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

[[Page 520]]

monoxide. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1990 attainment year) emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with projected
emission inventories to the year 2010 for carbon monoxide, a plan to
verify continued attainment, a contingency plan, and an obligation to
submit additional information in eight years acknowledging that the
maintenance plan will remain in effect through the year 2020, as
required by the Clean Air Act. If the area records a violation of the
carbon monoxide NAAQS (which must be confirmed by the State), New
Hampshire will implement one or more appropriate contingency measure(s)
which are contained in the contingency plan. The menu of contingency
measures includes the enhanced safety inspection program and New
Hampshire's low emission vehicle program (NLEV) as contingency measures.
The redesignation request establishes a motor vehicle emissions budget
of 55.83 tons per day for carbon monoxide to be used in determining
transportation conformity for the Manchester area. The redesignation
request and maintenance plan meet the redesignation requirements in
sections 107(d)(3)(E) and 175A of the Act as amended in 1990,
respectively.
(c) Approval--On February 2, 1999, the New Hampshire Department of
Environmental Services submitted a request to redesignate the City of
Nashua carbon monoxide nonattainment area to attainment for carbon
monoxide. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1990 attainment year) emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with projected
emission inventories to the year 2010 for carbon monoxide, a plan to
verify continued attainment, a contingency plan, and an obligation to
submit additional information in eight years acknowledging that the
maintenance plan will remain in effect through the year 2020, as
required by the Clean Air Act. If the area records a violation of the
carbon monoxide NAAQS (which must be confirmed by the State), New
Hampshire will implement one or more appropriate contingency measure(s)
which are contained in the contingency plan. The menu of contingency
measures includes the enhanced safety inspection program and New
Hampshire's low emission vehicle 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.

[[Page 521]]

(e) Approval--On August 1, 2012, the New Hampshire Department of
Environmental Services submitted modifications to the Manchester and
Nashua maintenance plans approved in paragraph (b) and (c) respectively
of this section. The Manchester and Nashua current carbon monoxide
maintenance plans are both converted to limited maintenance plans for
the remainder of their second-ten year maintenance periods which
terminate on January 29, 2021. Future carbon monoxide transportation
conformity evaluations for Manchester and Nashua will for the length of
their limited maintenance plans be considered to satisfy the regional
emissions analysis and ``budget test'' requirements. In addition, New
Hampshire will no longer conduct CO monitoring in Manchester, New
Hampshire as addressed in paragraph (d) of this section. The Manchester
monitoring site is replaced with the Londonderry Moose Hill station in
Londonderry, New Hampshire with triggers to reestablish CO monitoring
sites in Manchester and Nashua if elevated CO levels are recorded in
Londonderry.

[65 FR 71066, Nov. 29, 2000, as amended at 72 FR 51567, Sept. 10, 2007;
79 FR 13256, Mar. 10, 2014]

Sec. 52.1529 Significant deterioration of air quality.

New Hampshire's Part Env-A 623, ``Requirements for Prevention of
Significant Deterioration Permits,'' as submitted on August 6, 2001, is
approved as meeting the requirements of Subpart 1, Part C, Title I, of
the Clean Air Act.

[67 FR 65713, Oct. 28, 2002]

Sec. 52.1530 Requirements for State implementation plan revisions
relating to new motor vehicles.

New Hampshire must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]

Sec. 52.1531 Visibility protection.

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

[[Page 522]]

compounds, nitrogen oxides, and carbon monoxide. The inventory covers
point, area, non-road mobile, on-road mobile, and biogenic sources.
(c) The Portsmouth-Dover-Rochester serious nonattainment area
includes all of Strafford County and part of Rockingham County. The New
Hampshire portion of the Boston-Lawrence-Worcester serious area includes
portions of Hillsborough and Rockingham Counties. The Manchester
marginal area contains all of Merrimack County and portions of
Hillsborough and Rockingham Counties.

[62 FR 55525, Oct. 27, 1997]

Sec. 52.1534 Control strategy: Ozone.

(a) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on September 27, 1996.
These revisions are for the purpose of satisfying the rate of progress
requirement of section 182(c)(2)(B), and the contingency measure
requirements of section 182(c)(9) of the Clean Air Act, for the
Portsmouth-Dover-Rochester serious area, and the New Hampshire portion
of the Boston-Lawrence-Worcester serious area.
(b) Approval--Revisions to the State Implementation Plan submitted
by the New Hampshire Department of Environmental Protection on June 1,
1998. The revisions are for the purpose of satisfying the one-hour ozone
attainment demonstration requirements of section 182(c)(2)(A) of the
Clean Air Act, for the Boston-Lawrence-Worcester, MA-NH serious ozone
nonattainment area. The revision establishes a one-hour attainment date
of November 15, 2007 for the Boston-Lawrence-Worcester, MA-NH serious
ozone nonattainment area. This revision establishes motor vehicle
emissions budgets of 10.72 tons per day of volatile organic compounds
(VOC) and 21.37 tons per day of nitrogen oxides (NOX) to be
used in transportation conformity in the New Hampshire portion of the
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area.
(c) Determination of Attainment. Effective March 18, 2008, EPA is
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-
hour ozone nonattainment area has attained the 8-hour ozone standard.
Under the provisions of EPA's ozone implementation rule (see 40 CFR
51.918), this determination suspends the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act for as long as
the area does not monitor any violations of the 8-hour ozone standard.
If a violation of the ozone NAAQS is monitored in the Boston-Manchester-
Portsmouth (SE), New Hampshire 8-hour ozone nonattainment area, this
determination shall no longer apply.
(d) Approval--Revision to the State Implementation Plan submitted by
the New Hampshire Department of Environmental Services on May 28, 2008.
This revision establishes Year 2009 motor vehicle emission budgets of
15.31 tons per summer day of volatile organic compounds (VOC) and 28.53
tons per summer day of nitrogen oxides (NOX) to be used in
transportation conformity in the Boston-Manchester-Portsmouth (SE), New
Hampshire moderate 8-hour ozone nonattainment area.
(e) Determination of Attainment. Effective April 18, 2011, EPA is
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-
hour ozone nonattainment area has attained the 1997 8-hour ozone
standard based on 2007-2009 monitoring data. Under the provisions of
EPA's ozone implementation rule (see 40 CFR 51.918), this determination
suspends the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean 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

[[Page 523]]

the area's applicable attainment date of November 15, 2007, based on
2005-2007 complete, certified, quality-assured ozone monitoring data at
all monitoring sites in the area.
(g) Determination of Attainment. Effective November 29, 2012, EPA is
determining that the Portsmouth-Dover-Rochester one-hour ozone
nonattainment area met the one-hour ozone standard, by the area's
applicable attainment date of November 15, 1999, based on 1997-1999
complete, certified, quality-assured ozone monitoring data at all
monitoring sites in the area. Separate from and independent of this
determination, EPA is determining that the Portsmouth-Dover-Rochester
serious one-hour ozone nonattainment area has attained the one-hour
ozone standard since 1999 and continues to attain based on complete,
quality-assured data ozone monitoring data through 2011.
(h) Determination of Attainment. Effective November 29, 2012, EPA is
determining that the Manchester one-hour ozone nonattainment area met
the one-hour ozone standard, by the area's applicable attainment date of
November 15, 1993, based on 1991-1993 complete, certified, quality-
assured ozone monitoring data at all monitoring sites in the area.
Separate from and independent of this determination, EPA is determining
that the Manchester marginal one-hour ozone nonattainment area has
attained the one-hour ozone standard, since 1993, and that it continues
to attain based on complete quality-assured ozone monitoring data
through 2011.
(i) Approval--EPA is approving a redesignation request for the
Boston-Manchester-Portsmouth (SE), New Hampshire moderate 1997 8-hour
ozone nonattainment area. New Hampshire submitted this request on March
2, 2012, and supplemented this submittal on September 21, 2012. As part
of the redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision as required by the Clean
Air Act. The ozone maintenance plan also establishes 2008 and 2022 Motor
Vehicle Emission Budgets (MVEBs) for the area. New Hampshire is
establishing 2008 MVEBs of 17.8 tons per summer weekday (tpswd) of VOC
and 37.2 tpswd of NOX, for the Boston-Manchester-Portsmouth
(SE), New Hampshire 1997 8-hour ozone maintenance area. In addition, New
Hampshire is establishing MVEBs for 2022 at 9.2 tpswd of VOC and 11.8
tpswd of NOX, for the same area. The 2008 and 2022 MVEBs were
prepared with the MOVES model. Previously SIP-approved 2009 MVEBs
prepared with MOBILE6.2 are being withdrawn. Finally, EPA is also
approving a comprehensive 2008 emission inventory for this area.
(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.

[[Page 524]]

(3) Attainment dates of national primary and secondary air quality
standards submitted on August 8, 1972, by the New Hampshire Air
Pollution Control Agency.
(4) Revision of regulation No. 5, section 111.A, limiting sulfur
content of fuels submitted on September 26, 1972, by the New Hampshire
Air Pollution Control Agency.
(5) Compliance schedules submitted on February 14, 1973, by the New
Hampshire Air Pollution Control Agency.
(6) Compliance schedules submitted on March 22, 1973, by the New
Hampshire Air Pollution Control Agency.
(7) Revision exempting steam locomotives from the plan submitted on
April 3, 1973, by the New Hampshire Air Pollution Control Agency.
(8) Regulation No. 20 requiring review of indirect sources submitted
on December 13, 1973, by New Hampshire Air Pollution Control Agency.
(9) AQMA identification material submitted on May 20, 1974, by the
New Hampshire Air Pollution Control Agency.
(10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11,
13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air
Pollution Control Agency.
(11) Revision to Regulation 18, ``Requirements for Recordkeeping at
Facilities which Discharge Air Contaminants,'' submitted on May 28,
1975, by the New Hampshire Air Pollution Control Agency.
(12) Attainment plans to meet the requirements of Part D for carbon
monoxide for Metropolitan Manchester and ozone for AQCR 121, programs
for the review of construction and operation of new and modified major
stationary sources of pollution in both attainment and non-attainment
areas and certain miscellaneous provisions were submitted on May 29,
1979, November 6, 1979, and March 17, 1980.
(13) Attainment plans to meet the requirements of Part D for total
suspended particulates and sulfur dioxide in Berlin were submitted by
the Governor of New Hampshire on September 19, 1979.
(14) Revisions to Regulation 5, Prevention, Abatement, and Control
of Sulfur Emission from Stationary Combustion Equipment, submitted by
the Governor of New Hampshire on July 12, 1973 and April 11, 1975.
(15) A plan to provide comprehensive public participation and an
analysis of the effects of the New Hampshire 1979 SIP revisions were
submitted on February 28, 1980.
(16) Revised regulations to assure reasonable further progress and
compliance by owners of proposed new sources with Federal as well as
state regulations were submitted on July 8, 1980.
(17) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the New Hampshire Air
Resource Agency Director on January 30, 1980.
(18) A plan to attain and maintain the National Ambient Air Quality
Standard for lead and to amend the state's air quality standards was
submitted on April 15, 1980. A letter further explaining the state
procedures for review of new major sources of lead emissions and
confirming the use of reference methods was submitted on December 9,
1980 by the Director of the Air Resources Agency.
(19) Revisions to meet the requirements of Part D and certain other
sections of the Clean Air Act, as amended, for attaining carbon monoxide
standards in the City of Manchester which were submitted on January 12,
1981 and February 18, 1981. The revisions supplement the 1979 CO
attainment plan (Sec. 52.1520(c)(12)) and include three air quality-
improving transportation projects and a schedule for submitting a plan
which will demonstrate attainment by no later than December 31, 1987.
(20) Revisions to meet ozone attainment requirements of Part D (VOC
Control Regulations) were submitted on August 17, 1981 and are approved
as follows: Regulations Air 1204.03, 1204.11(d), 1204.12, 1204.13,
1204.18 and 1204.21.
(21) Operating permits with compliance schedules for VOC sources
were 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.;

[[Page 525]]

Velcro USA, Inc.; and Nashua Corporation's facility at Nashua.
(22) Revisions to (i) provide a new format and renumber the SIP
regulations with associated miscellaneous language changes for purposes
of consistency; (ii) to delete redundant regulations and definitions;
(iii) amend several regulations; and (iv) to add additional regulations
submitted by the New Hampshire Air Resources Commission on June 17, 1982
and August 31, 1982. The federally-approved regulations of the New
Hampshire SIP are as follows:

CHAPTER 100, PART Air 101, Sections Air 101.04-
101.26, 101.28-101.30, 101.32-101.49, 101.51, 101.53-101.56, 101.58-
101.62, 101.64-101.69, 101.74-101.75, 101.77, 101.79-101.89, 101.91-
101.96, 101.98.
CHAPTER Air 200, PART Air 205.
CHAPTER Air 300, PARTs Air 301-303.
CHAPTER Air 400, PARTs Air 401; 402, Sections Air
402.01, 402.03, 402.04; PARTs Air 403-405.
CHAPTER Air 600, PARTs Air 601-616.
CHAPTER Air 700, PARTs Air 701-706.
CHAPTER Air 800, PARTs Air 801-802.
CHAPTER Air 900, PARTs Air 901-903.
CHAPTER Air 1000, PART Air 1001.
CHAPTER Air 1200, PART Air 1201, Sections
1201.01-1201.06, 1201.08-1201.11; PARTs Air 1202; 1203; 1204, Sections
1204.01-1204.16, 1204.18-1204.21; PARTs Air 1205; 1207; 1208.

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

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

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

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

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

[[Page 526]]

the regulations controlling emissions from major new or modified
stationary sources in attainment and non-attainment areas.
(31) Revisions raising the allowable sulfur-in-oil limit to 2.0% for
two sources excluded from revisions to CHAPTER Air 400, Section 402.02
(identified at paragraph (c)(26) of this section), submitted on January
13, 1984. The two sources, and the source specific restrictions at each,
are:
(i) Manchester Steam Station, Public Service Company of N.H.,
Manchester (The auxiliary boiler is allowed to burn 2.0% sulfur oil as
long as the main boilers remain inactive. If either or both of the main
boilers are reactivated, the maximum sulfur content of oil burned in any
boiler shall not exceed 1.7% by weight. In addition, each main boiler
shall not operate until its stack height is increased to 45 m.)
(ii) Hinsdale Products Co., Inc., Hinsdale (Limited to a maximum
hourly fuel firing rate of 213 gallons.)
(32) A revision submitted on December 22, 1983 which requires Markem
Corporation to install an incinerator. The installation of the
incinerator must be completed by July 1, 1985.
(33) The TSP plan to attain primary standards in Berlin, New
Hampshire and the administrative order issued May 2, 1984 to the James
River Corporation which were submitted by the Air Resources Agency on
May 9, 1984.
(34) Revisions to Part (Air) 610 of Chapter 600, ``Statewide Permit
System'' for the preconstruction permitting of new major sources and
major modifications in nonattainment areas submitted on April 9, 1984
and September 10, 1984 by the New Hampshire Air Resources Commission.
(35) A revision to approve operating limits for boilers at Dartmouth
College, submitted on May 19, 1986 by the Director of the New Hampshire
Air Resources Agency.
(i) Incorporation by reference.
(A) Permits to Operate issued by the State of New Hampshire Air
Resources Agency to Dartmouth College, No. PO-B-1501.5, No. PO-B-1502.5,
and No. PO-B-1503.5, and Temporary Permit TP-B-150.2, 3, and 4, dated
January 6, 1986.
(36) Approval of a revision to allow the James River Corporation
(Cascade Mill), Gorham, to burn oil having a 2.2% sulfur-by-weight limit
in accordance with previously approved SIP regulation Chapter Air 400,
Section Air 402.02, submitted on February 11, 1985. This sources was
excluded from revisions pertaining to New Hampshire regulation Chapter
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this
section), but New Hampshire has now submitted adequate technical support
for approval.
(37) Revisions to the State Implementation Plan submitted on April
26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources
Commission.
(i) Incorporation by reference.
(A) Letter dated April 26, 1985 from the New Hampshire Air Resources
Commission submitting revisions to the State Implementation Plan for EPA
approval.
(B) Revisions to New Hampshire Code of Administrative Rules, Part
Air 704.01, ``Permit Review Fee for Large Fuel Burning Devices,'' Part
Air 704.02, ``Permit Review Fee for All Other Devices,'' Part Air
706.01, ``Renewal Review Fee For Large Fuel Burning Devices,'' Part Air
706.02, ``Renewal Review Fee For All Other Devices,'' Part Air 1202,
``Fuel Burning Devices,'' effective on December 27, 1984.
(C) Certification from the State of New Hampshire dated April 26,
1985.
(D) Letter from the State of New Hampshire dated January 20, 1986.
(E) Letter from the State of New Hampshire dated May 12, 1987.
(38) Approval of a revision to allow the James River Corporation,
Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance
with previously approved SIP regulation CHAPTER Air 400, Section Air
402.02, submitted on January 22, 1986. This source was previously
excluded from revisions pertaining to New Hampshire regulation CHAPTER
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this
section), but New Hampshire has now submitted adequate technical support
for approval.
(i) Incorporation by reference.
(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

[[Page 527]]

Group: Permit No. PO-B-1550, Conditions 5B, 5C, and 5D; Permit No. PO-B-
213, Conditions 2 and 5A; Permit No. PO-B-214, Conditions 2 and 5A;
Permit No. PO-B-215, Conditions 2 and 5A; and Permit No. PO-BP-2240,
Condition 5B. These conditions limit the sulfur-in-fuel content at the
James River Corporation, Groveton, to 2.2% sulfur by weight.
(39) Attainment plans for carbon monoxide for the City of Nashua
including an extension of the attainment date to December 31, 1990 as
submitted on September 12, 1985, December 3, 1985, October 7, 1986,
March 6, 1987, May 12, 1987 and October 15, 1987.
(i) Incorporation by reference.
(A) The New Hampshire Code of Administrative Rules, Department of
Safety, Chapter 900, Emission Inspections, Part Saf-M, 901, Part Saf-M
902, Part Saf-M 903, Part Saf-M 904, Part Saf-M 905, Part Saf-M 906,Part
Saf-M 907, Part Saf-M 908, Part Saf-M 909, and Part Saf-M 910, effective
October 6, 1986.
(B) Section 715.02 Introductory Text and paragraph (1) of Part Saf-
M-715, and Sec. 716.01 Introductory Text and paragraph (g) of Part Saf-
M-716, submitted to New Hampshire Department of Safety by the State of
New Hampshire on August 14, 1985.
(ii) Additional material.
(A) A letter from Governor John H. Sununu to Michael R. Deland,
dated March 6, 1987, committing to take legislative measures to convert
the Inspection/Maintenance program in the Nashua area to the use of
computerized emission analyzers in the event that the program is found
to not be achieving the necessary emission reductions.
(B) Narrative submittals, including an attainment demonstration.
(40) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 6, 1989.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated July
6, 1989 submitting revisions to the New Hampshire State Implementation
Plan.
(B) Revisions to New Hampshire's Rule Env-A 303.01 entitled
``Particulate Matter,'' effective April 21, 1989.
(C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled
``permissible Open Burning,'' effective May 26, 1989.
(41) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on February 12, 1991.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated
February 12, 1991 submitting a revision to the New Hampshire State
Implementation Plan.
(B) Env-A 802.09 and Env-A 802.10 of the New Hampshire
Administrative Rules Governing the Control of Air Pollution entitled
``Continuous Emission Monitoring'' and ``CEM Recordkeeping
Requirements,'' respectively. These regulations were effective on
December 27, 1990.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(42) [Reserved]
(43) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on November 21, 1989.
(i) Incorporation by reference.
(A) Letter form the New Hampshire Air Resources Division dated
November 21, 1989 submitting a revision to the New Hampshire State
Implementation Plan.
(B) Amendments to regulations for the State of New Hampshire's
Administrative Rules Governing Air Pollution in Chapters Env-A 100, 800,
900 and 1200 which were effective November 16, 1989.
(C) Letter from Robert W. Varney, Commissioner of the Department of
Environmental Services of New Hampshire, to John B. Hammond, Acting
Director of the New Hampshire Office of Legislative Services, dated
November 15, 1989, adopting final rules.
(44) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on September 12, 1990.
(i) Incorporation by reference.
Letter from the New Hampshire Air Resources Division dated September
12, 1990 submitting a revision to the New Hampshire State Implementation
Plan

[[Page 528]]

that withdraws nine source-specific operating permits incorporated by
reference at 40 CFR 52.1520(c)(21), (c)(25) and (c)(32).
(ii) Additional materials.
Letter from the New Hampshire Air Resources Division dated July 2,
1991 submitting documentation of a public hearing.
(45) Revisions to the State Implementation Plan consisting of a
readoption of the Rules Governing the Control of Air Pollution for the
State of New Hampshire submitted by the New Hampshire Air Resources
Division on February 12, 1991.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated
February 12, 1991 submitting revisions to the New Hampshire State
Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the State of New Hampshire effective on December 27, 1990:

Chapter Env-A 100: Sections Env-A 101.01-.20,
101.22-.26, 101.28-.32, 101.34-50, 101.52, 101.54-.57, 101.59-.62,
101.64-.97 and 101.99.
Chapter Env-A 200: Parts Env-A 201-205; Part Env-
A 207; Section Env-A 209.05; and Part Env-A 210.
Chapter Env-A 300: Parts Env-A 301-303.
Chapter Env-A 400: Part Env-A 401-404; Sections
Env-A 401-404; Sections Env-A 405.01-.05(b) and 405.06.
Chapter Env-A 600: Parts Env-A 601-602; Sections
Env-A 603.01-.02(o) and 603.03(a)-(e); and Parts Env-A 604-616.
Chapter Env-A 700: Parts Env-A 701-705.
Chapter Env-A 800: Parts Env-A 801-802; and Part
Env-A 804.
Chapter Env-A 900: Parts Env-A 901-903.
Chapter Env-A 1000: Part Env-A 1001.
Chapter Env-A 1200: Parts Env-A 1201-1203;
Sections 1204.01-.11 and 1204.13-.19; Part Env-A 1205; Sections Env-A
1206.01-.02 and 1206.04-.06; and Parts Env-A 1207-1208.

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

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

[[Page 529]]

1995, submitting revisions to the New Hampshire State Implementation
Plan.
(B) New Hampshire NOX RACT Order ARD-95-001, concerning
Groveton Paperboard Corporation, effective on May 10, 1995.
(C) New Hampshire NOX RACT Order ARD-95-002, concerning
Plymouth Cogeneration Limited Partnership, effective September 12, 1995.
(D) New Hampshire NOX RACT Order ARD-95-003, concerning
Waterville Valley Ski Area Limited, effective September 19, 1995.
(51) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on December 9, 1996, June 28, 1996,
October 24, 1996, and July 10, 1995.
(i) Incorporation by reference.
(A) Letters from the New Hampshire Air Resources Division dated
December 9, 1996, June 28, 1996, October 24, 1996, July 10, 1995 and
December 21, 1992 submitting revisions to the New Hampshire State
Implementation Plan (SIP), and a letter dated November 21, 1997
withdrawing Env-A 1204.06 from the SIP submittal.
(B) Regulations Part Env-A 801 ``Purpose;'' Part Env-A 802 ``Testing
and Monitoring for Stationary Sources: General Requirements;'' Part Env-
A 902 ``Malfunctions and Breakdowns of Air Pollution Control
Equipment;'' and Part Env-A 903 ``Compliance Schedules'' all effective
November 15, 1992.
(C) Regulations Part Env-A 803 ``VOC Testing;'' Part Env-A 804
``Capture Efficiency;'' Sections Env-A 901.01 through 901.05, 901.08 and
901.09 of Part Env-A 901 ``Recordkeeping and Reporting by Sources;'' and
Part Env-A 1204 ``Stationary Sources of Volatile Organic Compounds
(VOCs) (except 1204.06),'' all effective on August 31, 1995.
(D) New Hampshire VOC RACT Order ARD-94-001, concerning L.W.
Packard, effective May 5, 1995.
(E) New Hampshire VOC RACT Order ARD-95-010, concerning Kalwall in
Manchester, NH, effective September 10, 1996.
(F) New Hampshire VOC RACT Order ARD-96-001, concerning Textile
Tapes Corporation, NH, effective October 4, 1996.
(52) A revision to the New Hampshire SIP regarding ozone monitoring.
The State of New Hampshire will modify its SLAMS and its NAMS monitoring
system to include a PAMS network design and establish monitoring sites.
The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
(i) Incorporation by reference.
(A) State of New Hampshire Photochemical Assessment Monitoring
Stations--Network Plan--Network Overview.
(ii) Additional material.
(A) NH-DES letter dated December 13, 1994, and signed by Thomas M.
Noel, Acting Director, NH-DES.
(53) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on August 29, 1996. This revision is
for the purpose of satisfying the rate-of-progress requirement of
section 182(b) and the contingency measure requirement of section
172(c)(9) of the Clean Air Act, for the Portsmouth-Dover-Rochester
serious ozone nonattainment area, and the New Hampshire portion of the
Boston-Lawrence-Worcester serious ozone nonattainment area.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated
August 29, 1996 submitting a revision to the New Hampshire State
Implementation Plan.
(54) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on April 14, 1997, May 6, 1997, and
September 24, 1997.
(i) Incorporation by reference.
(A) Letters from the New Hampshire Air Resources Division dated
April 14, 1997, May 6, 1997, and September 24, 1997 submitting revisions
to the New Hampshire State Implementation Plan.
(B) New Hampshire NOX RACT Order ARD-97-001, concerning
Public Service Company of New Hampshire in Bow, effective on April 14,
1997.
(C) New Hampshire NOX RACT Order ARD-95-011, concerning
Hampshire Chemical Corporation, effective on May 6, 1997.
(D) New Hampshire NOX RACT Order ARD-97-003, concerning
Crown Vantage, effective September 24, 1997.
(55)-(56) [Reserved]

[[Page 530]]

(57) Revision to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 27, 1998.
(i) Incorporation by reference.
(A) Regulation Chapter Env-A 3200 NOX Budget Trading
Program adopted and effective on July 17, 1998.
(ii) Additional materials.
(A) Letter from the New Hampshire Air Resources Division dated July
27, 1998 submitting Chapter Env-A 3200 NOX Budget Trading
Program as a revision to the New Hampshire State Implementation Plan.
(58) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on November 25, 1992.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated
November 24, 1992 submitting a revision to the New Hampshire State
Implementation Plan.
(B) Part Env-A 1205 ``Volatile Organic Compounds (VOC): Gasoline
Dispensing Facilities and Gasoline Tank Trucks,'' effective in the State
of New Hampshire on August 17, 1992.
(ii) Additional materials.
(A) New Hampshire Department of Environmental Services ``Stage II
Equivalency Demonstration,'' dated November 1992.
(B) Nonregulatory portions of the submittal.
(59) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on September 4, 1998 and November 20,
1998.
(i) Incorporation by reference.
(A) New Hampshire Code of Administrative Rules, Part Saf-C 3221A
``Emission Amendments to Official Motor Vehicle Inspection
Requirements'' as adopted on November 17, 1998; and Part Saf-C 5800
``Roadside Diesel Opacity Inspection Program Rules'' as adopted on
November 17, 1998.
(ii) Additional material.
(A) Document entitled ``Alternative New Hampshire Motor Vehicle
Inspection/Maintenance State Implementation Plan Revision'' dated
September 4, 1998.
(B) Letters from the New Hampshire Air Resources Division dated
September 4, 1998 and November 20, 1998 submitting a revision to the New
Hampshire State Implementation Plan.
(60) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division August 6, 2001 and April 26, 1995.
(i) Incorporation by reference.
(A) Section 623.01 and sections 623.03 through 623.06 of New
Hampshire's rule PART Env-A 623 rule entitled, ``Prevention of
Significant Deterioration (PSD) Of Air Quality Permit Requirements.''
This regulation was adopted in the State of New Hampshire on July 23,
2001.
(B) New Hampshire's rules PART Env-A 205.03, ``Applications Subject
to PSD Requirements,'' and PART Env-A 205.04, ``Applications Subject to
Nonattainment Requirements.'' These regulations were adopted in the
State of New Hampshire on February 22, 1995 and amended on July 23,
2001.
(ii) Additional materials.
(A) Letter from the New Hampshire Air Resources Division dated
August 6, 2001 submitting a revision to the New Hampshire State
Implementation Plan.
(B) Letter from the New Hampshire Air Resources Division dated April
26, 1995 submitting a revision to the New Hampshire State Implementation
Plan.
(C) Nonregulatory portions of the State submittal.
(61) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on July 9, 1998.
(i) Additional materials.
(A) ``New Hampshire Stage II Comparability Analysis,'' prepared by
the New Hampshire Department of Environmental Services, dated July 1,
1998.
(62) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on June 7, 1994.
(i) Additional materials.
(A) Letter from the New Hampshire Department of Environmental
Services dated June 7, 1994 submitting a revision to the New Hampshire
State Implementation Plan.
(B) ``Clean Fuel Fleet Equivalency Demonstration,'' prepared by the
New Hampshire Department of Environmental Services, dated May, 1994.

[[Page 531]]

(63) Revisions to the State Implementation Plan Submitted by the New
Hampshire Department of Environmental Services on July 10, 1996.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Department of Environmental
Services dated July 10, 1996 submitting a revision to the New Hampshire
State Implementation Plan.
(B) Part Env-A 1502 of Chapter Env-A 1500 of the New Hampshire Code
of Administrative Rules titled ``Conformity of General Federal
Actions,'' adopted in the State of New Hampshire on April 25, 1996.
(64) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 27, 1998.
(i) Incorporation by reference.
(A) Order ARD 98-001 issued by the New Hampshire Department of
Environmental Services to Public Service Company of New Hampshire on
July 17, 1998, with attachments: Discrete emission reduction protocol
for Public Service of New Hampshire's Schiller Station, Units 4, 5 and
6, submitted to the New Hampshire Department of Environmental Services
on April 10, 1998; and Discrete emission reduction protocol for Public
Service of New Hampshire's Newington Station, Unit 1, submitted to the
New Hampshire Department of Environmental Services on April 10, 1998.
(ii) Additional materials.
(A) Letter from the New Hampshire Air Resources Division dated July
17, 1998 submitting Final RACT Order 98-001 as a revision to the New
Hampshire State Implementation Plan.
(65) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on August 16, 1999.
(i) Incorporation by reference. New Hampshire regulation Chapter
Env-A 3600, entitled ``National Low Emission Vehicle (National LEV)
Program'' adopted July 21, 1999.
(ii) Additional material. Letter from the New Hampshire Department
of Environmental Services dated August 16, 1999 submitting the Low
Emission Vehicle program as a revision to the State Implementation Plan.
(66) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 29, 1993 and July 2, 1999.
(i) Incorporation by reference.
(A) New Hampshire's PART Env-A 610 ``Additional Requirements in Non-
attainment Areas and the New Hampshire Portion of the Northeast Ozone
Transport Region'' adopted on May 21, 1993.
(B) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional
Requirements in Non-attainment Areas and the New Hampshire Portion of
the Northeast Ozone Transport Region'' incorporating the ``Plant-wide
Source,'' adopted on June 26, 1997.
(C) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional
Requirements in Non-attainment Areas and the New Hampshire Portion of
the Northeast Ozone Transport Region,'' addition of the requirements for
section 173(a)(4) and (5) of the CAA, adopted on January 29, 1999.
(D) Letter from the New Hampshire Air Resources Division dated July
29, 1993 submitting a revision to the New Hampshire State Implementation
Plan.
(E) Letter from the New Hampshire Air Resources Division dated July
2, 1999 submitting a revision to the New Hampshire State Implementation
Plan.
(67) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on September 11, 1998.
(i) Additional materials.
(A) Letter from the New Hampshire Department of Environmental
Services dated September 11, 1998 stating a negative declaration for the
aerospace coating operations Control Techniques Guideline category.
(68) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on June 28, 1996 and April 15, 2002.
(i) Incorporation by reference.
(A) Order ARD-00-001 issued by the New Hampshire DES to Anheuser-
Busch Incorporated, effective April 15, 2002.
(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

[[Page 532]]

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) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for New Jersey 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 October
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 October 1, 2016 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 2 certifies that the 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 2, Air Programs Branch, 290 Broadway, New York, New York
10007. To obtain the material, please call the Regional Office. You may
also inspect the material with an EPA approval date prior to October 1,
2016 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 New Jersey State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
EPA approval
State citation Title/subject State effective date date Comments
----------------------------------------------------------------------------------------------------------------
Title 7, Chapter 26, Additional, June 1, 1987............... June 29, 1990,
Subchapter 2A. Specific 55 FR 26687.
Disposal
Regulations for
Sanitary
Landfills.
Title 7, Chapter 27, General May 1, 1956................ May 31, 1972, 37
Subchapter 1. Provisions. FR 10880.
Title 7, Chapter 27, Control and June 8, 1981............... September 30,
Subchapter 2. Prohibition of 1981, 46 FR
Open Burning. 47779.
Title 7, Chapter 27, Control and October 12, 1977........... January 27,
Subchapter 3. Prohibition of 1984, 49 FR
Smoke from 3463.
Combustion of
Fuel.
Title 7, Chapter 27, Control and April 20, 2009............. August 3, 2010,
Subchapter 4. Prohibition of 75 FR 45483.
Particles from
Combustion of
Fuel.
Title 7, Chapter 27, Prohibition of October 12, 1977........... January 27,
Subchapter 5. Air Pollution. 1984, 49 FR
3463.

[[Page 533]]

Title 7, Chapter 27, Control and May 23, 1977............... January 26, Section 6.5,
Subchapter 6. Prohibition of 1979, 44 FR ``Variances,''
Particles from 5425. is not approved
Manufacturing (40 CFR 52.
Processes 52.1587(c)(20)
(except section and
6.5). 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)).
Title 7, Chapter 27, Sulfur.......... March 1, 1967.............. May 31, 1972, 37
Subchapter 7. FR 10880.
Title 7, Chapter 27, Permits and April 5, 1985.............. November 25,
Subchapter 8. Certificates, 1986, 51 FR
Hearings, and 42565.
Confidentiality.
Title 7, Chapter 27, Section Permits and March 2, 1992.............. April 15, 1994,
8.11. Certificates, 59 FR 17933.
Hearings, and
Confidentiality.
Title 7, Chapter 27, Sections Permits and June 20, 1994.............. August 7, 1997,
8.1 and 8.2. Certificates, 62 FR 42412.
Hearings, and
Confidentiality.
Title 7, Chapter 27, Sulfur in Fuels. September 20, 2010......... January 3, 2012, Sulfur dioxide
Subchapter 9. 77 FR 19. ``bubble''
permits issued
by the State
pursuant to
Section 9.2 and
not waived
under the
provisions of
Section 9.4
become
applicable
parts of the
SIP only after
receiving EPA
approval as a
SIP revision.
Title 7, Chapter 27, Sulfur in Solid April 20, 2009............. August 3, 2010, Notification of
Subchapter 10. Fuels. 75 FR 45483. ``large zone 3
coal
conversions''
must be
provided to EPA
(40 CFR
52.1601(b)).
Title 7, Chapter 27, Incinerators.... August 15, 1968............ May 31, 1972, 37
Subchapter 11. FR 10880.
Title 7, Chapter 27, Prevention and May 20, 1974............... May 30, 2018, 83
Subchapter 12. Control of Air FR 24661.
Pollution
Emergencies.
Title 7, Chapter 27, Ambient Air June 25, 1985.............. November 25,
Subchapter 13. Quality 1986, 51 FR
Standards. 42565.
Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 14, Section 14.1. Prohibition of approval
Air Pollution finalized at 83
from Diesel- FR 21174.
Powered Motor
Vehicles/
Definitions.
Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 14, Section 14.2. Prohibition of approval
Air Pollution finalized at 83
from Diesel- FR 21174.
Powered Motor
Vehicles/
Applicability.
Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 14, Section 14.3. Prohibition of approval
Air Pollution finalized at 83
from Diesel- FR 21174.
Powered Motor
Vehicles/
General
prohibitions.
Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 14, Section 14.4. Prohibition of approval
Air Pollution finalized at 83
from Diesel- FR 21174.
Powered Motor
Vehicles/
General public
highway
standards.

[[Page 534]]

Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 14, Section 14.5. Prohibition of approval
Air Pollution finalized at 83
from Diesel- FR 21174.
Powered Motor
Vehicles/Motor
vehicle
inspections.
Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 14, Section 14.6. Prohibition of approval
Air Pollution finalized at 83
from Diesel- FR 21174.
Powered Motor
Vehicles/Motor
vehicle
standards.
Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 14, Section 14.7. Prohibition of approval
Air Pollution finalized at 83
from Diesel- FR 21174.
Powered Motor
Vehicles/
Licensed
emissions
inspectors.
Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 14, Section 14.10. Prohibition of approval
Air Pollution finalized at 83
from Diesel- FR 21174.
Powered Motor
Vehicles/
Penalties.
Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 14, Appendix. Prohibition of approval
Air Pollution finalized at 83
from Diesel- FR 21174.
Powered Motor
Vehicles/
Appendix.
Title 7, Chapter 27, Control and October 3, 2016............ May 9, 2018, EPA
Subchapter 15. Prohibition of approval
Air Pollution finalized at 83
from Gasoline- FR 21174.
Fueled Motor
Vehicles/
Definition.
Title 7, Chapter 27, Control and April 20, 2009............. August 3, 2010,
Subchapter 16. Prohibition of 75 FR 45483.
Air Pollution
by Volatile
Organic
Compounds.
Title 7, Chapter 27, Control and June 20, 1994.............. August 7, 1997, Subchapter 17 is
Subchapter 17. Prohibition of 62 FR 42412. included in the
Air Pollution SIP only as it
by Toxic relates to the
Substances. control of
perchloroethyle
ne.
Title 7, Chapter 27, Control and March 15, 1993............. July 25, 1996, See July 25,
Subchapter 18. Prohibition of 61 FR 38591. 1996, for items
Air Pollution not included in
from New or this limited
Altered Sources approval.
Affecting
Ambient Air
Quality
(Emission
Offset Rules).
Title 7, Chapter 27, Control and April 20, 2009, as August 3, 2010, Subchapter 19 is
Subchapter 19. Prohibition of corrected on June 15, 2009 75 FR 45483. approved into
Air Pollution and July 6, 2009. the SIP except
from Oxides of for the
Nitrogen. following
provisions: (1)
Phased
compliance plan
through
repowering in
Section 19.21
that allows for
implementation
beyond May 1,
1999; and (2)
phased
compliance plan
through the use
of innovative
control
technology in
Section 19.23
that allows for
implementation
beyond May 1,
1999.

[[Page 535]]

Title 7, Chapter 27, Emission April 20, 2009............. August 3, 2010, Section 7:27-
Subchapter 21. Statements. 75 FR 45483. 21.3(b)(1) 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,
tetrachloroethy
lene, 1, 1, 1
trichloroethane
, carbon
dioxide and
methane. EPA
will not take
SIP-related
enforcement
action on these
pollutants.
Title 7, Chapter 27, Prevention of December 29, 2008.......... December 22,
Subchapter 23. Air Pollution 2010, 75 FR
from 80340.
Architectural
Coatings.
Title 7, Chapter 27, Prevention of December 29, 2008.......... December 22,
Subchapter 24. Air Pollution 2010, 75 FR
from Consumer 80340.
Products.
Title 7, Chapter 27, Control and December 29, 2008.......... December 22,
Subchapter 25. Prohibition of 2010, 75 FR
Air Pollution 80340.
by Vehicular
Fuels.
Title 7, Chapter 27, Prevention of December 29, 2008.......... December 22,
Subchapter 26. Air Pollution 2010, 75 FR
from Adhesives, 80340.
Sealants,
Adhesive
Primers and
Sealant Primers.
Title 7, Chapter 27, Low Emission January 17, 2006........... February 13, In Section
Subchapter 29. Vehicle (LEV) 2008, 73 FR 29.13(g), Title
Program. 8200. 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.
Title 7, Chapter 27, Clean Air July 16, 2007.............. October 1, 2007,
Subchapter 30. Interstate Rule 72 FR 55672.
(CAIR) NOX
Trading Program.
Title 7, Chapter 27, NOX Budget July 16, 2007.............. October 1, 2007,
Subchapter 31. Program. 72 FR 55672.
Title 7, Chapter 27, TBAC Emissions December 29, 2008.......... December 22,
Subchapter 34. Reporting. 2010, 75 FR
80340.
Title 7, Chapter 27A, Civil October 3, 2016............ May 9, 2018, EPA
Subchapter 3, Section 3.10. Administrative approval
Penalties and finalized at 83
Requests for FR 21174.
Adjudicatory
Hearings.
Title 7, Chapter 27B, Air Test Method June 20, 1994.............. August 7, 1997,
Subchapter 3. 3: Sampling and 62 FR 42412.
Analytic
Procedures for
the
Determination
of Volatile
Organic
Compounds from
Source
Operations.
Title 7, Chapter 27B, Air Test Method October 3, 2016............ May 9, 2018, EPA
Subchapter 4, Section 4.1. 4: Testing approval
Procedures for finalized at 83
Diesel-Powered FR 21174.
Motor Vehicles.
Title 7, Chapter 27B, Air Test Method October 3, 2016............ May 9, 2018, EPA
Subchapter 4, Section 4.2. 4: Testing approval
Procedures for finalized at 83
Diesel-Powered FR 21174.
Motor Vehicles.

[[Page 536]]

Title 7, Chapter 27B, Air Test Method October 3, 2016............ May 9, 2018, EPA
Subchapter 4, Section 4.3. 4: Testing approval
Procedures for finalized at 83
Diesel-Powered FR 21174.
Motor Vehicles.
Title 7, Chapter 27B, Air Test Method October 3, 2016............ May 9, 2018, EPA
Subchapter 4, Section 4.6. 4: Testing approval
Procedures for finalized at 83
Diesel-Powered FR 21174.
Motor Vehicles.
Title 7, Chapter 27B, Air Test Method October 3, 2016............ May 9, 2018, EPA
Subchapter 4, Section 4.7. 4: Testing approval
Procedures for finalized at 83
Diesel-Powered FR 21174.
Motor Vehicles.
Title 7, Chapter 27B, Air Test Method October 3, 2016............ May 9, 2018, EPA
Subchapter 4, Section 4.8. 4: Testing approval
Procedures for finalized at 83
Diesel-Powered FR 21174.
Motor Vehicles.
Title 7, Chapter 27B, Air Test Method October 3, 2016............ May 9, 2018, EPA
Subchapter 5. 5: Testing approval
Procedures for finalized at 83
Gasoline-Fueled FR 21174.
Motor Vehicles.
Title 13, Chapter 20, Vehicle April 26, 2016............. May 9, 2018, EPA
Subchapter 7.1. Inspections. approval
finalized at 83
FR 21174.
Title 13, Chapter 20, Vehicle April 26, 2016............. May 9, 2018, EPA
Subchapter 7.2. Inspections. approval
finalized at 83
FR 21174.
Title 13, Chapter 20, Vehicle April 26, 2016............. May 9, 2018, EPA
Subchapter 7.3. Inspections. approval
finalized at 83
FR 21174.
Title 13, Chapter 20, Vehicle April 26, 2016............. May 9, 2018, EPA
Subchapter 7.4. Inspections. approval
finalized at 83
FR 21174.
Title 13, Chapter 20, Vehicle April 26, 2016............. May 9, 2018, EPA
Subchapter 7.5. Inspections. approval
finalized at 83
FR 21174.
Title 13, Chapter 20, Vehicle April 26, 2016............. May 9, 2018, EPA
Subchapter 7.6. Inspections. approval
finalized at 83
FR 21174.
Title 13, Chapter 20, Motorcycles..... October 19, 2009........... March 15, 2012,
Subchapter 24, Section 20. 77 FR 15263.
Title 13, Chapter 20, Compliance with April 26, 2016............. May 9, 2018, EPA
Subchapter 26, Section 26.2. Diesel Emission approval
Standards and finalized at 83
Equipment, FR 21174.
Periodic
Inspection
Program for
Diesel
Emissions, and
Self-Inspection
of Certain
Classes of
Motor Vehicles.
Title 13, Chapter 20, Compliance with April 26, 2016............. May 9, 2018, EPA
Subchapter 26, Section 26.11. Diesel Emission approval
Standards and finalized at 83
Equipment, FR 21174.
Periodic
Inspection
Program for
Diesel
Emissions, and
Self-Inspection
of Certain
Classes of
Motor Vehicles.
Title 13, Chapter 20, Compliance with April 26, 2016............. May 9, 2018, EPA
Subchapter 26, Section 26.12. Diesel Emission approval
Standards and finalized at 83
Equipment, FR 21174.
Periodic
Inspection
Program for
Diesel
Emissions, and
Self-Inspection
of Certain
Classes of
Motor Vehicles.

[[Page 537]]

Title 13, Chapter 20, Compliance with April 26, 2016............. May 9, 2018, EPA
Subchapter 26, Section 26.16. Diesel Emission approval
Standards and finalized at 83
Equipment, FR 21174.
Periodic
Inspection
Program for
Diesel
Emissions, and
Self-Inspection
of Certain
Classes of
Motor Vehicles.
Title 13, Chapter 20, Compliance with April 26, 2016............. May 9, 2018, EPA
Subchapter 26, Section 26.17. Diesel Emission approval
Standards and finalized at 83
Equipment, FR 21174.
Periodic
Inspection
Program for
Diesel
Emissions, and
Self-Inspection
of Certain
Classes of
Motor Vehicles.
Title 13, Chapter 20, Inspection of October 19, 2009........... March 15, 2012,
Subchapter 28, Sections New Motor 77 FR 15263.
28.3, 28.4 and 28.6. Vehicles.
Title 13, Chapter 20, Mobile October 19, 2009........... March 15, 2012,
Subchapter 29, Sections Inspection Unit. 77 FR 15263.
29.1, 29.2 and 29.3.
Title 13, Chapter 20, Inspection April 26, 2016............. May 9, 2018, EPA
Subchapter 32. Standards and approval
Test Procedures finalized at 83
to be Used by FR 21174.
Official
Inspection
Facilities.
Title 13, Chapter 20, Inspection April 26, 2016............. May 9, 2018, EPA
Subchapter 33. Standards and approval
Test Procedures finalized at 83
to be Used by FR 21174.
Licensed
Private
Inspection
Facilities.
Title 13, Chapter 20, Enhanced Motor April 26, 2016............. May 9, 2018, EPA
Subchapter 43. Vehicle approval
Inspection and finalized at 83
Maintenance FR 21174.
Program.
Title 13, Chapter 20, Private April 26, 2016............. May 9, 2018, EPA
Subchapter 44. Inspection approval
Facility finalized at 83
Licensing. FR 21174.
Title 13, Chapter 20, Motor Vehicle October 19, 2009........... March 15, 2012,
Subchapter 45. Emission Repair 77 FR 15263.
Facility
Registration.
Title 13, Chapter 21, Registration December 6, 1999........... January 22,
Subchapter 5, Section 5.12. Plate Decals. 2002, 67 FR
2811.
Title 13, Chapter 21, New Jersey October 19, 2009........... March 15, 2012,
Subchapter 15, Sections 15.8 Licensed Motor 77 FR 15263.
and 15.12. Vehicle Dealers.
Title 16, Chapter 53......... Autobus September 26, 1983......... June 13, 1986, Only Sections
Specifications. 51 FR 21549. 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, Motor Vehicle July 1, 2010............... March 15, 2012,
Subchapter 1. Inspections 77 FR 15263.
Exceptions.
Title 39, Chapter 8, Inspection of July 1, 2010............... March 15, 2012,
Subchapter 2. Motor Vehicles; 77 FR 15263.
Rules,
Regulations.
Title 39, Chapter 8, Certificate of July 1, 2010............... March 15, 2012, ................
Subchapter 3. Approval, 77 FR 15263.
Issuance;
Owner's
Obligation for
Safety.
N.J.S.A. 52:13D-14........... New Jersey's January 11, 1972........... May 30, 2018, 83
Conflict of FR 24661.
Interest Law.

[[Page 538]]

N.J.S.A.52:13D-16(a)-(b)..... New Jersey's September 16, 1996......... May 30, 2018, 83
Conflict of FR 24661.
Interest Law.
N.J.S.A. 52:13D-21(n)........ New Jersey's March 15, 2006............. May 30, 2018, 83
Conflict of FR 24661.
Interest Law.
----------------------------------------------------------------------------------------------------------------

(d) EPA approved State source-specific requirements.

EPA-Approved New Jersey Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Identifier No. date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Johnson Matthey................ 55270 June 13, 1995.... January 17, 1997, NOX RACT Facility
62 FR 2581. Specific NOX Emission
Limits NJAC 7:27-
9.13. Multi-chamber
metals recovery
furnace, installation
of low NOX burner.
Sandoz Pharmaceuticals 104855 March 23, 1995... January 17, 1997, NOX RACT Facility
Corporation. 62 FR 2581. Specific NOX Emission
Limits NJAC 7:27-
9.13. Controlled air
combustion small
trash from fired
boiler energy
recovery system.
PSEG Fossil Hudson Generation BOP110001 March 8, 2011.... January 3, 2012, NOX, SO2, PM10 BART
Station. 77 FR 19. source specific
control units: U1-OS1
(cyclone boiler
(shutdown)), U1-OS2
(dry bottom wall-
fired boiler), U15-
OS(coal receiving
system), U16-OS (coal
reclaim system).
Conoco Phillips (Facility is BOP110001 September 21, January 3, 2012, NOX, SO2 and PM10 BART
now Phillips 66.). 2011. 77 FR 19. source specific
control units: OS1-
E241, OS2-E243, OS3-
E245, OS4-E246, OS5-
E247, OS6-E248, OS7-
E249, OS8-E250, OS11-
E242, OS13-E253, and
OS15-E258 (process
heaters).
Vineland Municipal Electric BOP110001 September 26, January 3, 2012, NOX, SO2 and PM10 BART
Utility--Howard M. Down. 2011. 77 FR 19. source specific
control units: U10-
OS2(fuel oil boiler
retired September 1,
2012), U10-OS3
(turbine (shutdown)),
and U22-OS (emergency
generator).
BL England Generating Station BOP100003 December 16, 2010 January 3, 2012, NOX, SO2 and PM10 BART
(Facility is now RC Cape May.). 77 FR 19. source specific
control units: U1-
OS1(wet bottom coal-
fired boiler
(shutdown)), U2-OS1
(cyclone wet bottom
coal fired boiler),
U3-OS1 (oil-fired
tangential boiler),
U6-OS1 (emergency
fire water pump
engine), U7-OS1, U7-
OS2, U7-OS4, U7-OS5,
U7-OS6, U7-OS7,U7-
OS10, U7-OS11, U7-
OS12 (coal handling
systems) and U8-OS1
(cooling tower).
Atlantic States Cast Iron Pipe 85004 November 22, 1994 October 20, 1998, Approving NOX RACT
Company. 63 FR 55949. Source Specific
regulations NJAC 7:27-
19.13 Cupola and
Annealing Oven
processes. Effective
date 12/21/98.
Trigen-Trenton Energy Co....... 61015 January 11, 2007. July 16, 2008, 73 Alternative NOX
FR 40752. Emission Limit
pursuant to NJAC 7:27-
19.13 For 2 Cooper
Bessemer Distillate
Oil or Dual Fired 4
stroke Diesel
Internal Combustion
Engines.
PSE&G Nuclear Hope Creek and BOP050003 August 7, 2007 April 1, 2009, 74 TSP/PM 10 Source
Salem Generating Stations Significant FR 14734. Specific Variance to
Cooling Tower. Modification SIP NJAC 7:27-6.5
Approval. Cooling Tower Unit
24, OS1 Effective
Date 5/1/2009.
Co-Steel Corp of Sayreville 15076 September 3, 1997 November 12, NOX Source specific
(Formerly New Jersey Steel 2003, 68 FR emission limit under
Corporation). 63991. NJAC 7:27-19.13 for
Electric arc furnace,
melt shop metallurgy
and billet reheat
furnace sources.
Effective date 12/13/
2003.

[[Page 539]]

Transcontinental Gas Pipelines 02626 June 12, 2014.... August 10, 2017, Alternate NOX Emission
Corp., LNG Station 240. 82 FR 37308. Limit and other
requirements pursuant
to NJAC 7:27-19.13
for four natural gas-
fired water bath
heaters ((U7-U10).
Joint Base McGuire-Dix- BOP15001 August 26, 2016.. August 10, 2017, Alternate NOX Emission
Lakehurst (Lakehurst, NJ). 82 FR 37308. Limit and other
requirements pursuant
to NJAC 7:27-19.13
for two natural gas-
fired boilers (Nos 2
and 3).
----------------------------------------------------------------------------------------------------------------

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

EPA-Approved New Jersey Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or New Jersey EPA approval
SIP element nonattainment submittal date date Explanation
area
----------------------------------------------------------------------------------------------------------------
New Jersey NOX SIP Call Statewide........ April 26, 1999 May 22, 2001, 66
Budget Demonstration. and FR 28063.
supplemented on
July 31, 2000.
2002 and 2005 Reasonable New Jersey April 11, 2001.. February 4,
Further Progress Plans. portion of the 2002, 67 FR
New York- 5152.
Northern New
Jersey-Long
Island and
Philadelphia-
Wilmington-
Trenton 1-hour
ozone
nonattainment
areas.
2007 Reasonable Further New Jersey April 11, 2001.. February 4,
Progress Plans. portion of the 2002, 67 FR
New York- 5152.
Northern New
Jersey-Long
Island 1-hour
ozone
nonattainment
area.
2002, 2005 and 2007 New Jersey April 11, 2001.. February 4,
Transportation Conformity portion of the 2002, 67 FR
Budgets. New York- 5152.
Northern New
Jersey-Long
Island Severe
and Philadelphia-
Wilmington-
Trenton 1-hour
ozone
nonattainment
areas.
Updated 1990, 1996, 1999, McGuire Air Force April 11, 2001.. February 4,
2002 and 2005 General Base. 2002, 67 FR
Conformity Emissions Budget. 5152.
2002, 2005 and 2007 Ozone New Jersey April 11, 2001.. February 4,
Projection Year Emission portion of the 2002, 67 FR
Inventories. New York- 5152.
Northern New
Jersey-Long
Island and
Philadelphia-
Wilmington-
Trenton 1-hour
ozone
nonattainment
areas.
1996 Base Year Emission Statewide and New April 11, 2001.. February 4,
Inventories. Jersey portion 2002, 67 FR
of the New York- 5152.
Northern New
Jersey-Long
Island Severe
and Philadelphia-
Wilmington-
Trenton 1-hour
ozone
nonattainment
areas.
RACM Analysis................ New Jersey October 16, 2001 February 4,
portion of the 2002, 67 FR
New York- 5152.
Northern New
Jersey-Long
Island Severe
and Philadelphia-
Wilmington-
Trenton 1-hour
ozone
nonattainment
areas.
1-Hour ozone Attainment New Jersey August 31 and February 4,
Demonstration for 2007. portion of the October 16, 2002, 67 FR
New York- 1998 and April 5152.
Northern New 26, 2000.
Jersey-Long
Island Severe
and Philadelphia-
Wilmington-
Trenton 1-hour
ozone
nonattainment
area.

[[Page 540]]

1-Hour ozone Attainment New Jersey August 31 and February 4,
Demonstration for 2005. portion of the October 16, 2002, 67 FR
Philadelphia- 1998 and April 5152.
Wilmington- 26, 2000.
Trenton 1-hour
ozone
nonattainment
area.
CO Attainment Demonstration New Jersey January 15, 2002 August 23, 2002,
and Redesignation Request. portion of the 67 FR 54574.
New York-
Northern New
Jersey-Long
Island 8-hour CO
nonattainment
area.
1996 CO Attainment Inventory. New Jersey August 7, 1998 August 23, 2002,
portion of the and 67 FR 54574.
New York- supplemented on
Northern New October 1, 2001
Jersey-Long and January 15,
Island 8-hour CO 2002.
nonattainment
area.
2007 and 2014 CO Projection New Jersey January 15, 2002 August 23, 2002,
Inventories. portion of the 67 FR 54574.
New York-
Northern New
Jersey-Long
Island 8-hour CO
nonattainment
area.
1997, 2007 and 2014 New Jersey December 10, August 23, 2002,
Transportation Conformity portion of the 1999 and 67 FR 54574.
Budgets. New York- January 15,
Northern New 2002.
Jersey-Long
Island 8-hour CO
nonattainment
area.
Redesignation request to New Jersey November 15, August 23, 2002,
attainment for the CO portion of the 1992, October 67 FR 54574.
nonattainment area. New York- 4, 2003 and
Northern New August 7, 1998
Jersey-Long and
Island 8-hour CO supplemented on
nonattainment October 1, 2001
area. and January 15,
2002.
CO Maintenance Plan.......... Atlantic, May 18, 2006.... July 10, 2006,
Burlington, 71 FR 38770.
Mercer,
Middlesex,
Monmouth,
Morris, Ocean,
Salem and
Somerset (the 9
non-classified
areas) and
Camden County,
in New Jersey.
CO NAAQS.
2002 CO Attainment Inventory. Atlantic, May 18, 2006.... July 10, 2006,
Burlington, 71 FR 38770.
Mercer,
Middlesex,
Monmouth,
Morris, Ocean,
Salem and
Somerset (the 9
non-classified
areas) and
Camden County,
in New Jersey.
CO NAAQS.
1997 and 2007 CO Atlantic, May 21, 2006.... July 10, 2006,
Transportation Conformity Burlington, 71 FR 38770.
Motor Vehicle Emission Mercer,
Budgets. Middlesex,
Monmouth,
Morris, Ocean,
Salem and
Somerset (the 9
non-classified
areas) and
Camden County,
in New Jersey.
CO NAAQS.
2007 and 2014 CO Five county New May 18, 2006.... July 10, 2006,
Transportation Conformity Jersey portion 71 FR 38770.
Emission Budgets. of the New York-
Northern New
Jersey-Long
Island CO
nonattainment
area.
2002 VOC, NOX and CO ozone State-wide....... May 18, 2006.... July 10, 2006,
season and annual emissions 71 FR 38770.
inventory.
2002 PM2.5 and associated New Jersey May 18, 2006.... July 10, 2006,
precursors annual emissions portion of the 71 FR 38770.
inventory. New York-
Northern New
Jersey-Long
Island PM2.5
nonattainment
area and
statewide.
2005 and 2007 VOC, NOX and New Jersey May 18, 2006.... July 10, 2006,
Transportation Conformity portion of the 71 FR 38770.
Emission Budgets. New York-
Northern New
Jersey-Long
Island ozone
nonattainment
area.

[[Page 541]]

Updated 1990, 1996, 1999, McGuire Air Force May 18, 2006.... July 10, 2006,
2002 and 2005 General Base. 71 FR 38770.
Conformity Emissions Budget.
2005 and 2007 VOC and NOX New Jersey May 18, 2006.... July 10, 2006,
Transportation Conformity portion of the 71 FR 38770.
Emission Budgets. Philadelphia-
Wilmington-
Trenton ozone
nonattainment
area.
2008 VOC and NOX Projection New Jersey October 29, 2007 May 15, 2009, 74
Inventories. portion of the FR 22837.
New York-
Northern New
Jersey-Long
Island and
Philadelphia-
Wilmington-
Atlantic City
ozone
nonattainment
areas.
2008 Reasonably Further New Jersey October 29, 2007 May 15, 2009, 74
Progress Plans. portion of the FR 22837.
New York-
Northern New
Jersey-Long
Island and
Philadelphia-
Wilmington-
Atlantic City
ozone
nonattainment
areas.
RACM Analysis................ New Jersey October 29, 2007 May 15, 2009, 74
portion of the FR 22837.
New York-
Northern New
Jersey-Long
Island and
Philadelphia-
Wilmington-
Atlantic City
ozone
nonattainment
areas.
2008 VOC and NOX New Jersey October 29, 2007 May 15, 2009, 74
Transportation Conformity portion of the FR 22837.
Budgets. New York-
Northern New
Jersey-Long
Island and
Philadelphia-
Wilmington-
Atlantic City
ozone
nonattainment
areas.
2008-2011 VOC and NOX General McGuire Air Force October 29, 2007 May 15, 2009, 74
Conformity Budgets. Base and FR 22837.
Lakehurst Naval
Air Station.
RACT Analysis................ State-wide....... August 1, 2007.. May 15, 2009, 74
FR 22837.
Regional Haze Plan from 2002- State-wide....... July 28, 2009 January 3, 2012,
2018. and 77 FR 19.
supplemented on
December 9,
2010, March 2,
2011 and
December 7,
2011.
2002 and 2018 Regional Haze State-wide....... July 28, 2009 January 3, 2012,
Modeling and Projection and 77 FR 19.
Inventory. supplemented on
December 9,
2010, March 2,
2011 and
December 7,
2011.
Reasonable Progress Goals State-wide....... July 28, 2009 January 3, 2012,
Visibility Demonstration. and 77 FR 19.
supplemented on
December 9,
2010, March 2,
2011 and
December 7,
2011.
BART Analysis................ State-wide....... July 28, 2009 January 3, 2012,
and 77 FR 19.
supplemented on
December 9,
2010, March 2,
2011 and
December 7,
2011.
8-hour ozone Attainment New Jersey October 29, 2007 February 11,
Demonstration. portion of the 2013, 78 FR
New York- 9596.
Northern New
Jersey-Long
Island and
Philadelphia-
Wilmington-
Atlantic City 8-
hour ozone
nonattainment
areas.
NJ Infrastructure SIP........ 1997 8-hour ozone February 25, June 14, 2013,
and 1997 and 2008 and 78 FR 35764.
2006 PM2.5 supplemented on
Standards. January 15,
2010.

[[Page 542]]

Redesignation Request........ New Jersey December 26, September 4,
portion of the 2012 and 2013, 78 FR
New York- supplemented on 54396.
Northern New May 3, 2013.
Jersey-Long
Island NY-NJ-CT
and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-
DE PM2.5 1997
annual and 2006
24-hour PM2.5
nonattainment
areas.
PM2.5 Attainment New Jersey December 26, September 4,
Demonstration. portion of the 2012 and 2013, 78 FR
New York- supplemented on 54396.
Northern New May 3, 2013.
Jersey-Long
Island NY-NJ-CT
and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-
DE PM2.5 1997
annual and 2006
24-hour PM2.5
nonattainment
areas.
2007 Annual Attainment New Jersey December 26, September 4,
Inventory for PM2.5 and the portion of the 2012 and 2013, 78 FR
associated PM2.5 precursors. New York- supplemented on 54396.
Northern New May 3, 2013.
Jersey-Long
Island NY-NJ-CT
and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-
DE PM2.5 1997
annual and 2006
24-hour PM2.5
nonattainment
areas.
2017 (Interim) and 2025 PM2.5 New Jersey December 26, September 4,
and NOX Annual Projection portion of the 2012 and 2013, 78 FR
Inventories. New York- supplemented on 54396.
Northern New May 3, 2013.
Jersey-Long
Island NY-NJ-CT
and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-
DE PM2.5 1997
annual and 2006
24-hour PM2.5
nonattainment
areas.
2009 and 2025 PM2.5 and NOX New Jersey December 26, September 4,
Annual Emissions Motor portion of the 2012 and 2013, 78 FR
Vehicle Emission Budgets. New York- supplemented on 54396.
Northern New May 3, 2013.
Jersey-Long
Island NY-NJ-CT
and New Jersey
portion of the
Philadelphia-
Wilmington PA-NJ-
DE PM2.5 1997
annual and 2006
24-hour PM2.5
nonattainment
areas.
CO Limited Maintenance Plan.. New Jersey June 11, 2015 July 1, 2016, 81
portion of the and February FR 43096.
New York- 2016.
Northern New
Jersey-Long
Island CO
nonattainment
area.
2007 CO Attainment inventory. New Jersey June 11, 2015 July 1, 2016, 81 ..........................
portion of the and February FR 43096.
New York- 2016.
Northern New
Jersey-Long
Island CO
nonattainment
area.
2011 VOC, NOX and CO ozone New York-Northern June 1, 2015.... 9/21/2017, 82 FR
summer season and annual New Jersey-Long 44099.
emissions inventory. Island and the
Philadelphia-
Wilmington-
Atlantic City
ozone
nonattainment
areas.
2011 PM2.5/Regional Haze and State-wide....... June 1, 2015.... 9/21/2017, 82 FR
associated precursors annual 44099.
emissions inventory.
Regional Haze Five-Year State-wide....... June 28, 2016... September 29,
Progress Report. 2017, 82 FR
45472.

[[Page 543]]

NJ Infrastructure SIP for the State-wide....... October 17, 2014 May 30, 2018, 83
2008 Lead, 2008 Ozone, 2010 and FR 24661.
Nitrogen Dioxide, 2010 supplemented on
Sulfur Dioxide, 2011 Carbon March 15, 2017.
Monoxide, 2006 PM10, 2012
PM2.5, 1997 Ozone, and the
1997 and 2006 PM2.5
Standards.
----------------------------------------------------------------------------------------------------------------

[82 FR 30760, July 3, 2017, as amended at 82 FR 37310, Aug. 10, 2017; 82
FR 44101, Sept. 21, 2017; 82 FR 45473, Sept. 29, 2017; 83 FR 21176, May
9, 2018; 83 FR 24663, May 30, 2018]

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

[[Page 544]]

(d)(4)(v) regarding the calculation of baseline and natural conditions
for the Brigantine Wilderness Area of the Edwin B. Forsythe National
Wildlife Refuge, and the statewide inventory of emissions of pollutants
that are reasonably anticipated to cause or contribute to visibility
impairment in any mandatory Class I Federal Area.

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

Sec. Sec. 52.1574-52.1575 [Reserved]

Sec. 52.1576 Determinations of attainment.

(a) Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the
Philadelphia Area) attained the 1997 8-hour ozone National Ambient Air
Quality Standard (NAAQS) by the applicable attainment date of June 15,
2011. Therefore, EPA has met the requirement pursuant to CAA section
181(b)(2)(A) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard. EPA also
determined that the Philadelphia Area nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) to determine,
based on the area's air quality as of the attainment date, whether the
area attained the standard. EPA also determined that the Philadelphia-
Wilmington, PA-NJ-DE PM2.5 nonattainment area is not subject
to the consequences of failing to attain pursuant to section 179(d).
(c) Based upon EPA's review of the air quality data for the three-
year period 2005 to 2007, EPA determined, as of June 18, 2012, that the
New York-Northern New Jersey-Long Island (NY-NJ-CT) one-hour ozone
nonattainment area did not meet its applicable one-hour ozone attainment
date of November 15, 2007. Separate from and independent of this
determination, based on 2008-2010 complete, quality-assured ozone
monitoring data at all monitoring sites in the area, and data for 2011,
EPA determined, as of June 18, 2012, that the NY-NJ-CT one-hour ozone
nonattainment area has attained the one-hour ozone standard.
(d) Based upon EPA's review of the air quality data for the 3-year
period 2013 to 2015, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
marginal ozone nonattainment area has attained the 2008 8-hour ozone
national ambient air quality standard (NAAQS) by the applicable
attainment date of July 20, 2016. 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-Wilmington-Atlantic
City, PA-NJ-MD-DE marginal ozone nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
pursuant to section 181(b)(2)(A).

[77 FR 47534, Aug. 9, 2012, as amended at 81 FR 26709, May 4, 2016; 82
FR 50820, Nov. 2, 2017]

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

[[Page 545]]

the State of New Jersey to which an exception extending beyond January
31, 1974, is applicable under Chapter 7, section 7.1(c) of the New
Jersey Air Pollution Control Code shall, no later than 120 days
following the effective date of this paragraph, submit to the
Administrator for approval, a proposed compliance schedule that
demonstrates compliance with the emission limitations prescribed by
Chapter 7 of the New Jersey Air Pollution Control Code as expeditiously
as practicable but no later than July 31, 1975. The compliance schedule
shall provide for periodic increments of progress towards compliance.
The dates for achievement of such increments shall be specified.
Increments of progress shall include, but not be limited to: Submittal
of the final control plan to the Administrator; letting of necessary
contracts for construction or process changes or issuance of orders for
the purchase of component parts to accomplish emission control or
process modification; initiation of onsite construction or installation
of emission control equipment or process change; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
(2) Where any such owner or operator demonstrates to the
satisfaction of the Administrator that compliance with the applicable
regulations will be achieved on or before January 31, 1974, no
compliance schedule shall be required.
(3) Any owner or operator required to submit a compliance schedule
pursuant to this paragraph shall within 5 days after the deadline for
each increment of progress, certify to the Administrator whether or not
the required increment of the approved compliance schedule has been met.
(4) Any compliance schedule adopted by the State and approved by the
Administrator shall satisfy the requirements of this paragraph for the
affected source.

[37 FR 10880, May 31, 1972, as amended at 37 FR 23090, Oct. 28, 1972; 38
FR 12713, May 14, 1973; 40 FR 30962, July 24, 1975; 51 FR 40676, 40677,
Nov. 7, 1986; 54 FR 25258, June 14, 1989]

Sec. 52.1578 Review of new sources and modifications.

(a) Subchapter 18 of the New Jersey Administrative Code, entitled,
``Control and Prohibitions of Air Pollution from Ambient Air Quality in
Nonattainment Areas (Emission Offset Rule),'' N.J.A.C. 7:27-18.1 et
seq., as submitted to EPA on August 5, 1980 by the New Jersey Department
of Environmental Protection, is approved for the entire State of New
Jersey, with the following provisions:
(1) The definition of ``significant emission increase'' as it
appears in section 7:27-18.1, entitled, ``Definitions,'' is disapproved.
The following definition of ``significant emission increase'' is
applicable: ``An increase, since December 21, 1976, in the rate of
allowable emissions, including fugitive pollutant emissions, at a
facility of any criteria pollutant greater than or equal to 50 tons per
year, 1,000 pounds per day, or 100 pounds per hour, not including
decreases in the rates of allowable emissions except where such
decreases are 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

[[Page 546]]

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 [Reserved]

Sec. 52.1580 Conditional approval.

(a) Enhanced inspection and maintenance. (1) The State of New
Jersey's March 27, 1996 submittal for an enhanced motor vehicle
inspection and maintenance (I/M) program, as amended on November 27,
1996 and April 22, 1997, is conditionally approved based on certain
contingencies, for an interim period to last 18 months. If New Jersey
fails to start its program by November 15, 1997, the interim approval
granted under the provisions of the NHSDA, which EPA believes allows the
State to take full credit in its 15 percent plan for all of the emission
reduction credits in its proposal, will convert to a disapproval after a
finding letter is sent to the State by EPA. If the State fails to submit
to EPA the final modeling demonstrating that its program will meet the
relevant enhanced I/M performance standard by February 1, 1998, the
conditional approval will automatically convert to a disapproval as
explained under Section 110(k) of the Clean Air Act.
(2) In addition to the above condition, the State must correct eight
minor, or de minimis, deficiencies related to the CAA requirements for
enhanced I/M. The minor deficiencies are listed in EPA's conditional
interim final rulemaking on New Jersey's motor vehicle inspection and
maintenance program published on May 14, 1997. Although satisfaction of
these deficiencies does not affect the conditional interim approval
status of the State's rulemaking, these deficiencies must be corrected
in the final I/M SIP revision to be submitted at the end of the 18-month
interim period.
(3) EPA is also approving this SIP revision under Section 110(k),
for its strengthening effect on the plan.
(b) [Reserved]

[62 FR 26405, May 14, 1997, as amended at 62 FR 35102, June 30, 1997; 64
FR 19916, Apr. 23, 1999]

Sec. 52.1581 Control strategy: Carbon monoxide.

(a) Approval--The September 28, 1995 revision to the carbon monoxide
state implementation plan for Camden County and the Nine not-classified
areas (the city of Trenton, the City of Burlington, the Borough of Penns
Grove (part), the Borough of Freehold, the City of Morristown, the City
of Perth Amboy, the City of Toms River, the Borough of Somerville, and
the City of Atlantic City). This revision included a maintenance plan
which demonstrated continued attainment of the National Ambient Air
Quality Standard for carbon monoxide through the year 2007.
(b) The base year carbon monoxide emission inventory requirement of
section 187(a)(1) of the 1990 Clean Air Act Amendments has been
satisfied for the 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.

[[Page 547]]

(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:
(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

[[Page 548]]

Amendments has been satisfied for the Atlantic City, New York/ Northern
New Jersey/Long Island, Philadelphia/Wilmington/ Trenton, and Allentown/
Bethlehem/Easton areas of New Jersey. The inventory was submitted on
November 15, 1993 and amended on November 21, 1994 by the New Jersey
Department of Environmental Protection as a revision to the ozone State
Implementation Plan (SIP). Revisions to the 1990 base year emission
inventory dated December 31, 1996 for the New York/Northern New Jersey/
Long Island and Philadelphia/Wilmington/Trenton nonattainment areas of
New Jersey have been approved. Revisions to the 1990 base year emission
inventory dated February 10, 1999 for the New York/Northern New Jersey/
Long Island and Philadelphia/Wilmington/Trenton nonattainment areas of
New Jersey have been approved.
(2) [Reserved]
(3) The 1996 and 1999 ozone projection year emission inventories
included in New Jersey's July 30, 1998 addendum and February 10, 1999
State Implementation Plan revision for the New York/Northern New Jersey/
Long Island and Philadelphia/Wilmington/Trenton nonattainment areas have
been approved.
(4) [Reserved]
(5) The photochemical assessment monitoring stations network
included in New Jersey's December 31, 1996 State Implementation Plan
revision for the New York/Northern New Jersey/Long Island and
Philadelphia/Wilmington/Trenton nonattainment areas has been approved.
(6) The demonstration that emissions from growth in vehicle miles
traveled will not increase motor vehicle emissions and, therefore,
offsetting measures are not necessary which was included in New Jersey's
December 31, 1996 State Implementation Plan revision for the New York/
Northern New Jersey/Long Island and Philadelphia/Wilmington/Trenton
nonattainment areas has been approved.
(7) The enforceable commitments to: participate in the consultative
process to address regional transport; adopt additional control measures
as necessary to attain the ozone standard, meet rate of progress
requirements, and eliminate significant contribution to nonattainment
downwind; identify any reductions that are needed from upwind areas for
the area to meet the ozone standard; and implement the Ozone Transport
Commission NOX Memorandum of Understanding included in New
Jersey's December 31, 1996 State Implementation Plan revision for the
New York/Northern New Jersey/Long Island and Philadelphia/Wilmington/
Trenton nonattainment areas have been approved.
(e) The State of New Jersey's March 27, 1996 submittal for an
enhanced motor vehicle inspection and maintenance (I/M) program, as
amended on November 27, 1996 and April 1997, is approved pursuant to
section 110 of the Clean Air Act, 42 U.S.C. 7410. However, since New
Jersey failed to start its program by November 15, 1997, the interim
approval granted under the provisions of Section 348 of the National
Highway Systems Designation Act of 1995 (NHSDA), 23 U.S.C. 348, which
allowed the State to take full credit in its 15 Percent ROP Plan for all
the emission reduction credits in its proposal, converted to a
disapproval when EPA sent finding letters to the State on December 12,
1997. The finding letters also informed the state that the underlying
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.

[[Page 549]]

(h)(1) The statewide 1996 periodic emission inventory included in
New Jersey's April 11, 2001 State Implementation Plan revision is
approved.
(2) The 2002 and 2005 ozone projection year emission inventories for
the New Jersey portion of the Philadelphia/Wilmington/Trenton
nonattainment area and the 2002, 2005 and 2007 ozone projection year
emission inventories for the New Jersey portion of the New York/Northern
New Jersey/Long Island nonattainment area included in New Jersey's April
11, 2001 State Implementation Plan revision are approved.
(3) The 2002 and 2005 Reasonable Further Progress Plans for the New
Jersey portion of the Philadelphia/Wilmington/Trenton nonattainment area
and the 2002, 2005 and 2007 Reasonable Further Progress Plans for the
New Jersey portion of the New York/Northern New Jersey/Long Island
nonattainment area included in New Jersey's April 11, 2001 State
Implementation Plan revision are approved.
(4) The contingency measures for the New Jersey portions of the
Philadelphia/Wilmington/Trenton nonattainment area and the New York/
Northern New Jersey/Long Island nonattainment area included in New
Jersey's April 11, 2001 State Implementation Plan revision are approved.
(5) [Reserved]
(6) The Reasonably Available Control Measure Analysis for the New
Jersey portion of the Philadelphia/Wilmington/Trenton and New York-
Northern New Jersey-Long Island nonattainment areas included in New
Jersey's October 16, 2001 State Implementation Plan revision is
approved.
(7) The revisions to the State Implementation Plan submitted by New
Jersey on August 31, 1998, October 16, 1998, and April 26, 2000 are
approved. The revisions are for the purpose of satisfying the attainment
demonstration requirements of section 182(c)(2)(A) of the Clean Air Act
for the New Jersey portions of the Philadelphia/Wilmington/Trenton and
New York-Northern New Jersey-Long Island severe ozone nonattainment
areas. The revisions establish attainment dates of November 15, 2005 for
the Philadelphia/Wilmington/Trenton nonattainment area and November 15,
2007 for the New York-Northern New Jersey-Long Island ozone
nonattainment area. The revisions include the enforceable commitments
for future actions associated with attainment of the 1-hour ozone
national ambient air quality:
(i) To adopt additional control measures by October 31, 2001 to meet
the level of reductions identified by EPA for attainment of the 1-hour
ozone standard;
(ii) To submit revised State Implementation Plan and motor vehicle
emissions budgets by October 31, 2001 if additional adopted measures
affect the motor vehicle emissions inventory;
(i)(1) The revised 1996, 2005 and 2007 motor vehicle emission
inventories calculated using MOBILE6 included in New Jersey's April 8,
2003 State Implementation Plan revision is approved.
(2) The 2005 conformity emission budgets for the New Jersey portion
of the Philadelphia/Wilmington/Trenton nonattainment area included in
New Jersey's April 8, 2003 State Implementation Plan revision are
approved.
(3) [Reserved]
(4) The revised commitment to perform a mid-course review and submit
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

[[Page 550]]

Jersey's May 18, 2006 State Implementation Plan revision are approved.
(3) The conformity emission budgets for the McGuire Air Force Base
included in New Jersey's May 18, 2006 State Implementation Plan revision
are approved.
(l) Attainment Determination. EPA is determining that the 1-hour
ozone nonattainment areas in New Jersey listed below have attained the
1-hour ozone standard on the date listed and that the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) (contingency measures) of
the Clean Air Act do not apply to these areas.
(1) Philadelphia-Wilmington-Trenton (consisting of Burlington,
Camden, Cumberland, Gloucester, Mercer, and Salem Counties) as of
November 15, 2005. EPA also has determined, as of November 15, 2005, the
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area
is not subject to the imposition of the section 185 penalty fees.
(2) Atlantic City (consisting of Atlantic and Cape May Counties) as
of January 6, 2010.
(m)(1) The 2008 Reasonable Further Progress Plans and associated
2008 ozone projection year emission inventories for the New Jersey
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
areas included in New Jersey's October 29, 2007 State Implementation
Plan revision are approved.
(2) The contingency measures for failure to meet the 2008 RFP Plan
milestones for the New Jersey portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE nonattainment areas included in New Jersey's October
29, 2007 State Implementation Plan revision are approved.
(3) The moderate area Reasonably Available Control Measure Analysis
for the New Jersey portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE nonattainment areas included in New Jersey's October 29, 2007
State Implementation Plan revision are approved.
(4) The 2008 motor vehicle emissions budgets for the New Jersey
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
areas included in New Jersey's October 29, 2007 State Implementation
Plan revision are approved.
(5) The general conformity budgets for McGuire AFB and Lakehurst NAS
included in New Jersey's October 29, 2007 State Implementation Plan
revision are approved.
(6) The Statewide reasonably available control technology (RACT)
analysis for the 8-hour ozone standard included in the August 1, 2007
State Implementation Plan revision is approved based on EPA's approval
of the April 9, 2010 and April 21, 2010 SIP revisions.
(n)(1) Attainment determination. EPA has determined, as of March 26,
2012, that based on 2008 to 2010 ambient air quality data, Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate
nonattainment area has attained the 1997 8-hour ozone 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

[[Page 551]]

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 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.

[[Page 552]]

(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,
(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

[[Page 553]]

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
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

[[Page 554]]

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 PM2.5NAAQS--(1)
Approval. In a February 25, 2008 submittal and supplemented on January
15, 2010, and in an October 17, 2014 submittal, as supplemented on March
15, 2017, 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
requirements of CAA sections 110(a)(2)(A), (B), (C) (enforcement program
only), (D)(i)(II) prong 4 (visibility), (E), (F), (G), (H), (J)
(consultation and public notification only), (K), (L), and (M).
(2) Disapproval. Submittal from New Jersey dated February 25, 2008
and supplement dated January 15, 2010 to address the CAA infrastructure
requirements for the 1997 8-hour ozone and the 1997 and 2006
PM2.5 NAAQS are disapproved for the following sections
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii),
and (J) (PSD program only). These requirements are being addressed by 40
CFR 52.1603 which has been delegated to New Jersey to implement.
(3) [Reserved]
(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). Submittal from New Jersey dated October 17, 2014, as
supplemented on March 15, 2017, 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 (A), (B), (C)
(enforcement program only), (E), (F), (G), (H), (J) (consultation and
public notification only), (K), (L), and (M).
(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;
83 FR 24663, May 30, 2018]

Sec. 52.1587 Original identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of New Jersey'' and all revisions submitted by New Jersey
that were Federally approved prior to October 1, 2016.
(b) The plan was officially submitted on January 26, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory additions to the plan submitted on
April 17, 1972, by the New Jersey Department of Environmental
Protection.
(2) List of permits issued to sources allowing them particulate
emissions in excess of 25 tons per year submitted on May 15, 1972, by
the New Jersey Department of Environmental Protection.
(3) Legal opinion of State Attorney General on State's authority to
make available to the public emission data reported by sources submitted
on June

[[Page 555]]

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:

[[Page 556]]

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:

[[Page 557]]

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 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.

[[Page 558]]

(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.
(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,

[[Page 559]]

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.
(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

[[Page 560]]

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.
(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

[[Page 561]]

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
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.

[[Page 562]]

(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.
(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

[[Page 563]]

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.
(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,

[[Page 564]]

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 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,

[[Page 565]]

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.
(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.

[[Page 566]]

(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. 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

[[Page 567]]

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.
(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

[[Page 568]]

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.
(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).

[[Page 569]]

(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 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

[[Page 570]]

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 (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

[[Page 571]]

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 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

[[Page 572]]

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:
(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.''

[[Page 573]]

(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-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

[[Page 574]]

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. Redesignated at 82 FR 30760, July 3, 2017]

Editorial Note: For Federal Register citations affecting Sec.
52.1587, 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. 52.1588-52.1600 [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

[[Page 575]]

utility plants and boiler units is not approved: \1\
---------------------------------------------------------------------------

\1\ Action by the Administrator regarding coal conversion at the
listed plants and units is being held in abeyance until the
Administrator determines whether and to what extent that conversion
cannot be deferred, based on analysis of fuel allocations for residual
oil and coal in the Mid-Atlantic and New England States.

----------------------------------------------------------------------------------------------------------------
Company Plant City Boiler unit(s)
----------------------------------------------------------------------------------------------------------------
Atlantic City Electric............... Deepwaters............. Deepwaters............. 5/7, 7/9, 3/5, 4/6.
Public Service Electric & Gas........ Essex.................. Newark................. All.
Do.................................. Sewaren................ Woodbridge............. Do.
Do.................................. Bergen................. Bergen................. No. 1.
Do.................................. Burlington............. Burlington............. 1-4.
Do.................................. Kearney................ Kearney................ All.
Do.................................. Hudson................. Jersey City............ No. 1.
Jersey Central Power & Light......... Sayreville............. Sayreville............. All.
Do.................................. E. H. Werner........... South Amboy............ Do.
----------------------------------------------------------------------------------------------------------------

(b) Before any steam or electric power generating facility in Zone
3, as defined in N.J.A.C. 7:27-10.1, burning fuel oil on June 4, 1979,
having a rated hourly gross heat input greater than 200,000,000 British
Thermal Units (BTU's), and capable of burning coal without major
reconstruction or construction, which facility was in operation prior to
May 6, 1968, or group of such facilities having a combined rated hourly
capacity greater than 450,000,000 BTU's may be permitted by the State to
convert to the use of coal, the State shall submit to EPA a copy of the
proposed permit together with an air quality analysis employing
methodology acceptable to EPA. If EPA determines, on the basis of the
submitted analysis, that the proposed coal conversion will not interfere
with the attainment or maintenance of air quality standards and will not
be the cause for any Prevention of Significant Deterioration (PSD)
increment to be exceeded, then the permit authorizing conversion may
become effective immediately upon the publication of such a
determination (as a Notice) in the Federal Register. If EPA determines
that the submitted analysis is inadequate or that it shows that the
proposed conversion will interfere with attainment or maintenance of air
quality standards or cause 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

[[Page 576]]

61,676 tons per year of NOX; Delaware Valley Regional
Planning Commission: 89 tons per year of direct PM2.5 and
4,328 tons per year of NOX.
(b) Approval--On February 25, 2008, New Jersey submitted a revision
to its early PM2.5 implementation plan to revise the motor
vehicle emissions budgets for the Mercer County, New Jersey portion of
the New York-Northern New Jersey-Long Island, NY-NJ-CT, PM2.5
nonattainment area. The revised budgets, applicable to the Delaware
Valley Regional Planning Commission, are as follows: 108 tons per year
of direct PM2.5 and 5,056 tons per year of NOX.
(c) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.
(d) Determination of Attainment. EPA has determined, as of May 16,
2012, that the Philadelphia-Wilmington, PA-NJ-DE fine particle
(PM2.5) nonattainment area has attained the 1997
PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.
(e) Determination of Attainment. EPA has determined, as of December
31, 2012, that the New York-N. New Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has attained the 2006
PM2.5 National Ambient Air Quality Standard. This
determination suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
the area continues to attain the 2006 PM2.5 NAAQS.
(f) Determination of Attainment. EPA has determined, as of January
7, 2013, that based on 2008 to 2010 and 2009 to 2011 ambient air quality
data, the Philadelphia-Wilmington, PA-NJ-DE fine particlulate
(PM2.5) nonattainment area has attained the 2006 24-hour
PM2.5 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

[[Page 577]]

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]

Sec. 52.1603 Significant deterioration of air quality.

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

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 [Reserved]

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]

[[Page 578]]

Sec. 52.1607 Small business technical and environmental compliance
assistance program.

On January 11, 1993, the New Jersey Department of Environmental
Protection and Energy submitted a plan for the establishment and
implementation of a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program for incorporation in the New
Jersey state implementation plan. This plan satisfies the requirements
of section 507 of the Clean Air Act, and New Jersey must implement the
program as approved by EPA.

[59 FR 34386, July 5, 1994]

Subpart GG_New Mexico

Sec. 52.1620 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for New Mexico under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air
quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
1999, was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after July 1, 1999, will be incorporated by reference in
the next update to the SIP compilation.
(2) EPA Region 6 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State implementation plan as of
July 1, 1999.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700,
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC
20460; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.

EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject effective 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.

[[Page 579]]

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........
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.

[[Page 580]]

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

[[Page 581]]

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 7/10/2013 6/29/2017, 82 FR 29421.... The following are
Construct. 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.
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.
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.

[[Page 582]]

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
----------------------------------------------------------------------------------------------------------------
State Approval/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
New Mexico Statutes
----------------------------------------------------------------------------------------------------------------
Chapter 10--Public Officers and Employees
----------------------------------------------------------------------------------------------------------------
10-16-1................ Short Title......... 8/6/2015 3/22/2018, 83 FR 12493......
Governmental Conduct
Act.
10-16-2................ Definitions......... 8/6/2015 3/22/2018, 83 FR 12493......
10-16-3................ Ethical principles 8/6/2015 3/22/2018, 83 FR 12493......
of public service;
certain official
acts prohibited;
penalty.
10-16-4................ Official act for 8/6/2015 3/22/2018, 83 FR 12493......
personal financial
interest
prohibited;
disqualification
from official act;
providing a penalty.
10-16-6................ Confidential 8/6/2015 3/22/2018, 83 FR 12493......
information.
10-16-7................ Contracts involving 8/6/2015 3/22/2018, 83 FR 12493......
public officers or
employees.
10-16-8................ Contracts involving 8/6/2015 3/22/2018, 83 FR 12493......
former public
officers or
employees;
representation of
clients after
government service.
10-16-9................ Contracts involving 8/6/2015 3/22/2018, 83 FR 12493......
legislators;
representation
before state
agencies.
10-16-11............... Codes of conduct.... 8/6/2015 3/22/2018, 83 FR 12493...... Includes New Mexico
Environmental
Board Code of
Conduct approved
by the Governor on
February 27, 1990
(64 FR 29235).
10-16-13............... Prohibited bidding.. 8/6/2015 3/22/2018, 83 FR 12493......
10-16-14............... Enforcement 7/16/1990 3/22/2018, 83 FR 12493......
procedures.
----------------------------------------------------------------------------------------------------------------
Chapter 74--Environmental Improvement
----------------------------------------------------------------------------------------------------------------
74-1-4................. Environmental 8/6/2015 3/22/2018, 83 FR 12493...... Approved for State
improvement board; Board Composition
creation; and Conflict of
organization. Interest
Provisions.

[[Page 583]]

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................. Local authority..... 8/6/2015 3/22/2018, 83 FR 12493...... Approved for for
State Board
Composition and
Conflict of
Interest
Provisions.
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.
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.
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

[[Page 584]]

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.
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

[[Page 585]]

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.
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.

[[Page 586]]

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.
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 7/15/2011, 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, 10/9/2014,
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 11/29/2012, 77 FR
51.309. 71119.

[[Page 587]]

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).
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, 11/5/1992 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.
New Mexico Progress Report for Statewide......... 3/14/2014 6/14/2017, 82 FR
the State Implementation Plan 27127.
for Regional Haze.
City of Albuquerque City of 4/21/2016 6/29/2017, 82 FR
Clarification Letter on Minor Albuquerque--Bern 29421.
NSR SIP. alillo County.

[[Page 588]]

City of Albuquerque City of 6/5/2016 6/29/2017, 82 FR
Clarification Letter Providing Albuquerque- 29421.
Public Notices of Minor NSR to Bernalillo County.
EPA.
City of Albuquerque Letter City of 9/19/2016 6/29/2017, 82 FR
regarding Public Notice for Albuquerque- 29421.
Minor NSR. Bernalillo County.
City of Albuquerque Minor NSR City of 12/20/2016 6/29/2017, 82 FR
Commitment Letter. Albuquerque- 29421.
Bernalillo County.
City of Albuquerque Progress City of 6/24/2016 12/12/2017, 82 FR
Report for the State Albuquerque- 58347.
Implementation Plan for Bernalillo County.
Regional Haze.
Infrastructure and interstate Statewide......... 8/6/2015, 12/8/ 3/22/2018, 83 FR SIPs adopted by: NMED
transport for the 2012 PM2.5 2015 12493. and City of
NAAQS. Albuquerque
----------------------------------------------------------------------------------------------------------------

[63 FR 37495, July 13, 1998]

Editorial Note: For Federal Register citations affecting Sec.
52.1620, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Sec. 52.1621 Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Albuquerque-Mid-Rio Grande Intrastate..................... I III III III I
New Mexico Southern Border Intrastate..................... IA IA III III III
El Paso-Las Cruces-Alamogordo Interstate.................. I IA III I I
Four Corners Interstate................................... IA IA III III III
Northeastern Plains Intrastate............................ III III III III III
Pecos-Permian Basin Intrastate............................ III III III III III
Southwestern Mountains-Augustine Plains Intrastate........ III III III III III
Upper Rio Grande Valley Intrastate........................ III III III III III
----------------------------------------------------------------------------------------------------------------

[37 FR 1081, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42 FR
20131, Apr. 18, 1977; 45 FR 24468, Apr. 10, 1980; 45 FR 67347, Oct. 10,
1980; 52 FR 5965, Feb. 27, 1987]

Sec. 52.1622 Approval status.

With the exceptions set forth in this subpart, the Administrator
approves New Mexico's 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

[[Page 589]]

with Federal rule. Specifically, the letter states that:

This letter is regarding our general conformity rule, 20 NMAC 2.98--
Conformity of General Federal Actions to the State Implementation Plan.
We have been reviewing paragraph 110.C under Section 110--Reporting
Requirements. This is the paragraph in which the Federal Aviation
Administration (FAA) had submitted a comment of concern to EPA, during
EPA's proposed/final approval period for our rule. This comment caused
EPA to withdraw its approval. The FAA had commented that New Mexico was
more stringent than EPA, since our rule does not apply to non-Federal
agencies. Our analysis has determined that our inclusion of this
paragraph may make our rule more stringent than EPA, and should not have
been included. The paragraph had originally come from a STAPPA/ALAPCO
model rule. New Mexico had never intended to be more stringent than EPA
with regards to general conformity. Hence, the State commits to putting
20 NMAC 2.98 on our regulatory agenda and plan to delete this paragraph
within one year from the Federal Register publication of final notice of
conditional approval to New Mexico's general conformity SIP.

(2) If the State ultimately fails to meet its commitment to remove
this section from its rule within one year of publication of this
conditional approval, then EPA's conditional action will automatically
convert to a final disapproval.
(b) [Reserved]

[63 FR 48109, Sept. 9, 1998]

Sec. Sec. 52.1624-52.1626 [Reserved]

Sec. 52.1627 Control strategy and regulations: Carbon monoxide.

(a) Part D Approval. The Albuquerque/Bernalillo County carbon
monoxide maintenance plan as adopted on April 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

[[Page 590]]

meeting the requirements of part C of the Clean Air Act for the
prevention of significant deterioration of air quality.

[58 FR 67333, Dec. 21, 1993, as amended at 68 FR 11323, Mar. 10, 2003;
68 FR 74490, Dec. 24, 2003; 75 FR 82558, Dec. 30, 2010; 76 FR 41705,
July 15, 2011; 76 FR 43153, July 20, 2011; 76 FR 81838, Dec. 29, 2011;
77 FR 58035, Sept. 19, 2012]

Sec. 52.1635 Rules and regulations.

(a) Part D disapproval: The requirements of Sec. 51.281 of this
chapter are not met since the measurement provisions of Sections A, B.2,
and B.3 of New Mexico Regulation 506 make these sections unenforceable.
Therefore, Sections A, B.2, and B.3 of Regulation 506 are disapproved.
(b) Regulation for measurement of emission limitations (particulate
matter from nonferrous smelters). (1) This regulation applies to new and
existing nonferrous smelters as they are defined in New Mexico
Regulation 506. The requirements of this paragraph replace the
requirements of Sections A, B.2, and B.3 of Regulation 506. All other
requirements of Regulation 506 are approved as part of the plan.
(2) No person owning or operating a new nonferrous smelter shall
permit, cause, suffer, or allow particulate matter emissions to the
atmosphere in excess of 0.03 grains per dry standard cubic foot (as
defined in 40 CFR part 60) of discharge gas.
(3) No person owning or operating an existing nonferrous smelter
shall permit, cause, suffer, or allow particulate matter to the
atmosphere from:
(i) The stack or stacks serving the acid plant in excess of 0.05
grains per dry standard cubic foot of discharge gas.
(ii) The stack or stacks serving the reverberatory feed dryer in
excess of 0.05 grains per dry standard cubic foot of discharge gas.
(c) Regulation for compliance testing (particulate matter from
nonferrous smelter). The requirements of Sec. 60.8(f) of 40 CFR part 60
shall apply to paragraph (b)(2) of this section, and to each operation
of Section B.4 of New Mexico Regulation 506.

[45 FR 24469, Apr. 10, 1980, as amended at 51 FR 40677, Nov. 7, 1986]

Sec. 52.1636 [Reserved]

Sec. 52.1637 Particulate Matter (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

[[Page 591]]

and Bernalillo County Air Quality Control Board adopted this SIP
revision on November 9, 1988.
(b) The Albuquerque Environmental Health Department has committed to
comply with the PM10 Group II State Implementation Plan (SIP)
requirements, as articulated in the Federal Register notice of July 1,
1987 (52 FR 24670), for Bernalillo County as provided in the County's
PM10 Group II SIP. In addition to the SIP, a letter from the
Director of the Albuquerque Environmental Health Department, dated
November 17, 1988, stated that:
(1) This letter is in reference to the PM10 Group II SIP
requirements particularly as pertains to Bernalillo County. In response
to the requirements of the July 1, 1987 Federal Register notice on
PM10, the Albuquerque Environmental Health Department has
prepared a Committal SIP for all of Bernalillo County which has been
classified Group II for this pollutant.
(2) As expressed in the attached SIP revision, the Department is
committing to carry out all required actions such as monitoring,
reporting, emission inventory development and other tasks necessary to
satisfy the SIP requirements for PM10 Group II areas.

[54 FR 23477, June 1, 1989]

Sec. 52.1639 Prevention of air pollution emergency episodes.

(a) The plan submitted by the Governor of New Mexico on August 19,
1988, and as adopted on July 7, 1988, by the New Mexico Environmental
Improvement Board, entitled Air Pollution Episode Contingency Plan for
New Mexico, is approved as meeting the requirements of section 110 of
the Clean Air Act and 40 CFR part 51, subpart H. This plan is only
approved for the State of New Mexico outside of the boundaries of
Bernalillo County.
(b) The plan submitted by the Governor in (a) for the Air Pollution
Episode Contingency Plan is not applicable to Bernalillo County.
Therefore, the following plan described below is applicable to sources
located within the boundaries of Bernalillo County (including the City
of Albuquerque). This plan, submitted by the Governor of New Mexico on
April 14, 1989, and adopted on January 26, 1989, by the Albuquerque/
Bernalillo County Air Quality Control Board, entitled Air Pollution
Episode Contingency Plan for Bernalillo County, is approved as meeting
the requirements of section 110 of the Clean Air Act and 40 CFR part 51,
subpart H.

[56 FR 38074, Aug. 12, 1991]

Sec. 52.1640 Original identification of plan section.

(a) This section identifies the original ``State of New Mexico
Implementation Plan'' and all revisions submitted by New Mexico that
were federally approved prior to January 1, 1998.
(b) The plan was officially submitted on January 27, 1972.
(c) The Plan revisions listed below are submitted on the dates
specified.
(1) The Environmental Improvement Agency submitted revisions of Air
Quality Control Regulations 506, 507, 604, 605, 606, 651, and 652
(adopted by the Board on January 10, 1972) on March 7, 1972.
(2) Additions of sections 12-14-1 through 12-14-13 of the State's
Air Quality Control Act, and Regulations 504, 602, and 603 were
submitted by the Governor on May 9, 1972.
(3) Revisions of Regulations 702, 703, 704, and 705, as adopted by
the Board on July 29, 1972, and revisions of Sections IV, V, VII, and
VIII, were submitted by the Environmental Improvement Agency on July 31,
1972.
(4) State Attorney General's opinion on legal authority and
confidentiality of source data was submitted on September 4, 1972. (Non-
regulatory)
(5) Revisions of the New Source Review and Source Surveillance
sections of the New Mexico Implementation Plan were submitted by the
Environmental Improvement Agency on January 3, 1973. (Non-regulatory)
(6) Clarification of the State permit and source surveillance
regulations was submitted by the Environmental Improvement Agency on
January 18, 1973. (Non-regulatory)
(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

[[Page 592]]

adopted by the New Mexico Environmental Improvement Board on December
13, 1974, were submitted by the Governor on October 3, 1975 (see Sec.
52.1624).
(9) Revisions to Regulation 100, Definitions, Regulation 705,
Schedules of Compliance, and a new Regulation 706, Air Quality
Maintenance Areas, were submitted by the Governor on November 6, 1975
(see Sec. 52.1633).
(10) Revisions to sections 12-14-2, 12-14-6, and 12-14-7 of the New
Mexico Air Quality Control Act were submitted by the Governor on
November 6, 1975.
(11) Revisions to the plan for attainment of standards for
particulate matter in Albuquerque and Grant, Eddy and Lea Counties,
sulfur dioxide in San Juan and Grant Counties; ozone in Albuquerque and
carbon monoxide in Las Cruces, Farmington and Santa Fe were submitted by
the Governor on January 23, 1979.
(12) Ordinance for motor vehicle emissions inspection/maintenance
program for Albuquerque submitted by the Governor July 2, 1979.
(13) Commitments regarding the development of a TSP plan for
Albuquerque, modifications to the permit regulations and commitments
regarding reasonable further progress and commitments to currently
planned transportation control measures for Albuquerque were submitted
by the Governor on August 2, 1979.
(14) Schedule for Albuquerque TSP plan, request for 18 month
extension for submission of a plan for attainment of the TSP standard in
Grant County, schedule for revising permit regulations were submitted by
the Governor on September 25, 1979.
(15) No action is being taken on the carbon monoxide strategies
submitted by the Governor on January 23, 1979 for Farmington and Santa
Fe.
(16) Compliance schedules for several industries located in Eddy,
Lea and Grant Counties were submitted to EPA by the Governor of New
Mexico on July 25, 1979.
(17) Revisions to the plan for attainment of the standard for carbon
monoxide in Bernalillo County were submitted by the Governor on March
17, 1980.
(18) A commitment to not issue permits to stationary sources located
in nonattainment areas was submitted by the Governor on May 20, 1980.
(19) A commitment to submit an enforcement plan for the Albuquerque-
Bernalillo County inspection/maintenance program was submitted by the
Governor on October 10, 1980.
(20) On December 12, 1979, the Governor submitted final revisions to
the ambient monitoring portion of plan.
(21) A variance to Regulation 506 for Phelps Dodge Corporation,
Hidalgo Smelter in Playas, New Mexico was submitted by the Governor on
February 4, 1980.
(22) Revisions to Regulation 602, Coal Burning Equipment-Sulfur
Dioxide and a compliance schedule for that regulation were adopted on
November 20, 1980 by the New Mexico Environmental Improvement Board and
submitted by the Governor on November 24, 1980. A revised sulfur dioxide
control strategy demonstration for San Juan County, based on revised
Regulation 602 was submitted by the New Mexico Environmental Improvement
Division on February 12, 1981. Clarifications of provisions in revised
regulation 602, and a memorandum of understanding between the State and
Arizona Public Service Company on the procedure to be used by EPA in
enforcing power plant station emission limits were submitted by the New
Mexico Environmental Improvement Division on April 16, 1981.
(23) A revision to Regulation 504 which extends the final compliance
date for Units 4 and 5 of the Arizona Public Service Four Corners Power
Plant to December 31, 1982 was submitted by the Governor on June 28,
1978. A compliance schedule for the same units was submitted by the
Governor on March 31, 1980.
(24) A revision to Regulation 507, changing the emission limitations
was submitted by the Governor on January 23, 1979.
(25) A variance to Regulation 603 for the Arizona Public Service
Units 3, 4, and 5 at the Four Corners Generating 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

[[Page 593]]

Control Act) was submitted by the Governor on September 26, 1979.
(27) The New Mexico Plan for lead was submitted to EPA on May 19,
1980, by the Governor of New Mexico as adopted by the New Mexico
Improvement Board on May 9, 1980. A clarifying letter dated February 10,
1982 also was submitted.
(28) Revisions to Regulation 652, Non-Ferrous Smelters--Sulfur,
submitted by the Governor on June 22, 1981. A revised sulfur dioxide
control strategy demonstration for Grant County based on the revised
Regulation 652 was submitted by the New Mexico Environmental Improvement
Division on May 12, 1981 and August 13, 1981.
(29) A revision to Regulation 401, Regulation to Control Smoke and
Visible Emissions, was adopted by the Environmental Improvement Board on
August 25, 1978 and submitted by the Governor on November 8, 1978.
(30) Revision to New Mexico Regulation 801, Excess Emissions during
Malfunction, Startup, Shutdown or Scheduled Maintenance, was submitted
by the Governor on May 16, 1981.
(31) Revisions to Section X, Intergovernmental Consultation and
Cooperation and Interstate Pollution Abatement, submitted by the
Governor on January 23, 1979, the Intergovernmental Consultation Program
submitted by the Environmental Improvement Division, March 28, 1980 and
copies of letters from the New Mexico Environmental Improvement Division
dated November 7, 1977 to the States of Texas, Oklahoma, Arizona,
Colorado, and Utah sent in compliance with section 126(a)(2) of the
Clean Air Act, as amended in 1977.
(32) Revisions to Air Quality Control Regulation 652, Nonferrous
Smelters--Sulfur were adopted by the New Mexico Environmental
Improvement Board on June 11, 1982 and submitted to EPA by the Governor
of New Mexico on July 26, 1982.
(33) Addition of Public Information and Participation Program,
submitted by the Environmental Improvement Division on December 20,
1979.
(34) Revisions to the plan for attainment of the standard for Carbon
Monoxide in Bernalillo County were submitted by the Governor on June 28,
1982, and January 26, 1983, which included the Albuquerque/Bernalillo
County Air Quality Control Board Regulation Number 28, adopted October
19, 1982. On March 4, 1985, the vehicle inspection and maintenance
portion of the SIP providing for attainment of the standard for Carbon
Monoxide in Bernalillo County was disapproved.
(35) Revisions to sections 74-2-2 (9/79, 2/82, 4/83); 74-2-5 (9/79,
2/82, 4/83); 74-2-6 (2/82); 74-2-7 (9/79, 2/82, 4/83); 74-2-9 (9/79);
74-2-11 (9/79); 74-2-11.1 (9/79); 74-2-15 (9/79); and 74-2-15.1 (9/79)
of the State's Air Quality Control Act were submitted by the New Mexico
Secretary for Health and Environment on August 11, 1983.
(36) A revision to Air Quality Control Regulation 402 ``Regulation
to Control Wood Waste Burners'' as adopted by the New Mexico
Environmental Improvement Board on January 10, 1975, and revised by that
Board on December 10, 1982, was submitted by the State on December 23,
1983.
(37) On February 21, 1984, the Governor of New Mexico submitted Air
Quality Control Regulation 707--Permits, Prevention of Significant
Deterioration (PSD), as adopted by the New Mexico Environmental
Improvement Board on January 13, 1984. Regulation 707 provides authority
for the State to implement the PSD program in certain areas of the
State. On May 14, 1985, the Governor of New Mexico submitted a letter in
which he committed the State not to issue PSD permits under Regulation
707 to sources which would require review under EPA's stack height
regulations because they would have stack heights over sixty five (65)
meters or would use any other dispersion techniques, as defined at 40
CFR 51.1(hh).
(i) Incorporation by reference.
(A) Letter from the Governor of New Mexico dated February 21, 1984
to EPA, and New Mexico Air Quality Control Regulation No. 707--Permits,
Prevention of Significant Deterioration of Air Quality, except for
sources that locate (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

[[Page 594]]

heights over sixty five (65) meters or use any other dispersion
techniques, as defined at 40 CFR 51.1(hh), adopted on January 13, 1984.
(B) A letter from the Governor of New Mexico dated May 14, 1985, in
which he committed the State not to issue PSD permits under Regulation
707 to source which would require review under EPA's stack height
regulations because they would have stack heights over sixty five (65)
meters or would use any other dispersion techniques, as defined at 40
CFR 51.1(hh).
(ii) Additional material.
(A) A narrative explantion entitled ``Revision to the New Mexico
State Implementation Plan--Prevention of Significant Deterioration of
Air Quality.''
(38) Revisions to the New Mexico SIP for the Arizona Public Service
Units 3, 4 and 5 at the Four Corners Generating Station were submitted
by the Governor on February 4, 1987, October 26, 1987, and February 16,
1988.
(i) Incorporation by reference.
(A) An Order dated and effective August 7, 1986, issued by the
Chairman of the New Mexico Environmental Improvement Board in the matter
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4
and 5 of the Four Corners Power Plant granting a variance through May
31, 1987, from Air Quality Control Regulation 603.B.
(B) A Memorandum and Order dated and effective April 10, 1987,
issued by the Chairman of the New Mexico Environmental Improvement Board
in the matter of Arizona Public Service Company, Fruitland, New Mexico
for Units 3, 4 and 5 of the Four Corners Power Plant extending the term
of the variance from May 31, 1987 through October 15, 1987.
(C) An Order dated and effective December 18, 1987, issued by the
Chairman of the New Mexico Environmental Improvement board in the matter
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4
and 5 of the Four Corners Power Plant extending the term of the variance
through September 30, 1989 for Unit 4, September 30, 1990 for Unit 3,
and September 30, 1991 for Unit 5.
(ii) Additional material.
(A) Modeling Protocol, The Four Corners Power Plant, prepared by
Bruce Nicholson of the New Mexico Environmental Improvement Division,
November 6, 1987.
(B) Amendment to Modeling Protocol, letter of August 17, 1988, from
Bruce Nicholson of the New Mexico Environmental Improvement Division to
Gerald Fontenot of EPA Region 6.
(C) Modeling Report, letter of October 27, 1988 to C. V. Mathai
(Arizona Public Service Company) and Bruce Nicholson (New Mexico
Environmental Improvement Division) from Mark Yocke of Systems
Applications Inc.
(D) An air quality impact analysis dated November 16, 1988,
submitted by the Governor of New Mexico which demonstrated that the
variance would not interfere with attainment or maintenance of the
NO2 NAAQS.
(39) On April 26, 1988, the Governor of New Mexico submitted a
revision to the State Implementation Plan that contained Air Quality
Control Regulation No. 710--Stack Height Requirements, as adopted by the
New Mexico Environmental Improvement Board on March 10, 1988. Regulation
No. 710 enables the State to ensure that the degree of emission
limitation required for the control of any air pollutant under its SIP
is not affected by that portion of any stack height that exceeds GEP or
by any other dispersion technique.
(i) Incorporation by reference.
(A) New Mexico Air Quality Control Regulation No. 710--Stack Height
Requirements, effective April 14, 1988.
(ii) Other material--None.
(40) On November 5, 1985, the Governor of New Mexico submitted Air
Quality Control Regulation 709, Permits-Nonattainment Areas, as adopted
by the New Mexico Environmental Improvement Board on July 26, 1985, and
effective on August 25, 1985. On August 19, 1988, the Governor of New
Mexico submitted revisions to Air Quality Control Regulation 709,
Permits--Nonattainment Areas, as adopted by the New Mexico Environmental
Improvement Board on July 8, 1988, and effective on August 31, 1988.
These revisions 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

[[Page 595]]

being exceeded, without interfering with the continuing progress toward
attainment of that standard. This regulation is part of New Mexico's New
Source Review (NSR) program.
(i) Incorporation by reference.
(A) Incorporation of New Mexico Air Quality Control Regulation 709;
adopted on July 26, 1985, effective August 25, 1985 and Revisions G.3;
H.4.(d); J.1.(b)(iv); and L.32 adopted on July 8, 1988, effective August
31, 1988.
(ii) Additional material.
(A) Letter dated September 29, 1988, from the New Mexico Air Quality
Bureau Chief making commitments requested by EPA in the August 31, 1988,
Federal Register Proposed Rulemaking (51 FR 33505).
(41) Revisions to the New Mexico State Implementation Plan for
particulate matter (PM10 Group III): (1) Air Quality Control
Regulation (AQCR) 100--Definitions Sections P, Q, R, S, BB; (2) AQCR
707--Permits, Prevention of Significant Deterioration (PSD) Sections C,
E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), Table 2, and
Table 3; and (3) AQCR 709--Permits, Nonattainment Areas sections
A(1)(b), A(5), and Table 1 as adopted by the New Mexico Environmental
Improvement Board (NMEIB) on July 8, 1988, and filed with State Records
Center on August 1, 1988; and (4) Air Pollution Episode Contingency Plan
for New Mexico, as adopted by the NMEID on July 7, 1988, were submitted
by the Governor on August 19, 1988. Approval of the PM10 Group III SIP
is partially based on previous approved AQCRs 100, 301, 401, 402, 501,
502, 506, 507, 508, 509, 510, 511, 601, 702, 707, and 709.
(i) Incorporation by reference.
(A) AQCR 100--Definitions Section P, Q, R, S, and BB as filed with
State Records Center on August 1, 1988.
(B) AQCR 707--Permits, Prevention of Significant Deterioration (PSD)
Sections C, E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40),
Table 2, and Table 3, as filed with State Records Center on August 1,
1988.
(C) AQCR 709--Permits, Nonattainment Areas Sections A(1)(b), A(5),
and Table 1 as filed with State Records Center on August 1, 1988.
(ii) Additional material.
(A) A letter dated May 25, 1988, from the NMEID General Counsel to
EPA's Region 6 Air Programs Chief indicating that the State of New
Mexico has sufficient authority to enforce the NAAQS without adopting
the Federal NAAQS as State standards.
(42) [Reserved]
(43) A revision to the New Mexico State Implementation Plan (SIP) to
include Air Quality Control Regulation 700--Filing and Permit Fees, as
filed with the State Records and Archives Center on November 20, 1989,
and submitted by the Governor of New Mexico on May 14, 1990.
(i) Incorporation by reference.
(A) New Mexico Air Quality Control Regulation 700--Filing and Permit
Fees, as filed with the State Records and Archives Center on November
20, 1989.
(44) A revision to the New Mexico State Implementation Plan (SIP) to
include: Air Quality Control Regulation 110--Confidential Information
Protection, and Air Quality Control Regulation 703.1--Notice of Intent
and Emissions Inventory Requirements, and revisions to Air Quality
Control Regulations 100--Definitions and 709--Permits--Nonattainment
Areas, as all filed with the State Records and Archives Center on May
29, 1990, and submitted by the Governor of New Mexico on July 16, 1990;
and revisions to Air Quality Control Regulation 702--Permits, as filed
with the State Records and Archives Center on August 18, 1987, on
October 19, 1988, and on May 29, 1990. Air Quality Control Regulation
702 was first submitted by the Governor of New Mexico to EPA on
September 17, 1987. Further revisions to Air Quality Control Regulation
702 were submitted to EPA on October 28, 1988, and on July 16, 1990. The
approval of Air Quality Control Regulation 703.1 allows Air Quality
Control Regulation 703 to be removed from the New Mexico State
Implementation Plan.
(i) Incorporation by reference.
(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

[[Page 596]]

Emissions Inventory Requirements, ``Part One--Definitions;'' ``Part
Two--Notice of Intent;'' and ``Part Three--Emissions Inventory
Requirements,'' as filed with the State Records and Archives Center on
May 29, 1990.
(C) New Mexico Air Quality Control Regulation 100--Definitions,
sections (B), (C), (D), (E), (F), (G), (H), (I), (J), (N), (O), (T),
(U), (V), (W), (X), (Y), (Z), (AA), (CC), (DD), and (EE), as filed with
the State Records and Archives Center on May 29, 1990.
(D) New Mexico Air Quality Control Regulation 702--Permits, ``Part
One--Definitions,'' first paragraph and sections 1, 2, 3, 4, 5; ``Part
Two--Permit Processing and Requirements,'' section A, subsections A(4),
A(6); section G, ``Public Notice and Participation,'' subsections G(1)
(first paragraph), G(1)(e); section H, ``Permit Decisions and Appeals,''
subsections H(1), H(2), H(3), H(5), H(6), H(7); Section I, ``Basis for
Denial of Permit,'' subsections I(1), I(3); Section J, ``Additional
Legal Responsibilities on Applicants;'' section K, ``Permit
Conditions,'' subsections K(1), K(2), K(3), K(4); section L, ``Permit
Cancellations;'' section M, ``Permittee's Notification Requirements to
Division,'' subsections M (first paragraph), M(1); Section O, ``Source
Class Exemption Process (Permit Streamlining),'' subsections O(1)(a),
O(2); and section P, ``Emergency Permit Process,'' subsections P(2),
P(3), P(4), as filed with the State Records and Archives Center on
August 18, 1987; and further revisions to Air Quality Control Regulation
702, ``Part One--Definitions,'' sections 6, 7, 8, 9, 10, 11; ``Part
Two--Permit Processing and Requirements,'' section A, subsection
A(1)(b); section H, ``Permit Decisions and Appeals,'' subsection H(4);
and section I, ``Basis for Denial of Permit,'' subsection I (first
paragraph), as filed with the State Records and Archives Center on
October 19, 1988; and further revisions to Air Quality Control
Regulation 702, ``Part One--Definitions,'' Sections 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33;
``Part Two--Permit Processing and Requirements,'' section A,
``Application for Construction, Modification, NSPS, and NESHAP--Permits
and Revisions,'' Subsections A(1)(a)(i), A(1)(a)(ii), A(1)(a)(iii),
A(1)(a)(v), A(2), A(3), A(5), A(7); Section B, ``New Source Review
Coordination;'' section C, ``Permit Revision;'' section D, ``Contents of
Applications (except last sentence of section D, subsection D(1)(d));''
section E, ``Confidential Information Protection;'' section F,
``Construction, Modification and Permit Revision in Bernalillo County;''
section G, ``Public Notice and Participation,'' subsections G(1)(a),
G(1)(b), G(1)(c), G(1)(d), G(1)(f), G(2); section I, ``Basis for Denial
of Permit,'' subsections I(2), I(4), I(5), I(6), I(7); section K,
``Permit Conditions,'' subsection K(5); section M, ``Permittee's
Notification Requirements to Division,'' Subsections M(2), M(3), M(4);
section N, ``Startup and Followup Testing;'' Section O, ``Source Class
Exemption Process (Permit Streamlining),'' subsections O(1) (first
paragraph), O(1)(b), O(1)(c), O(3), O(4); section P, ``Emergency Permit
Process,'' subsections P(1), P(5); section Q, ``Nonattainment Area
Requirements;'' and Table 1, ``Significant Ambient Concentrations,'' as
filed with the State Records and Archives Center on May 29, 1990.
(E) New Mexico Air Quality Control Regulation 709--Permits--
Nonattainment Areas, section A, ``Applicability,'' subsections A(1),
A(3), A(4); section B, ``Source Obligation,'' subsections B(3), B(5),
B(6); section C, ``Source Information,'' subsections C (first
paragraph), C(1), C(2); section D, ``Source Requirements,'' subsections
D(1), D(2), D(3), D(4), D(5); section E, ``Additional Requirements for
Sources Impacting Mandatory Federal Class I Areas,'' subsections E(1),
E(2), E(5); section H, ``Banking of Emission Reduction,'' subsection
H(4)(a); section I, ``Air Quality Benefit,'' subsections I(1), I(2);
section J, ``Public Participation and Notification;'' section K,
``Definitions;'' and Table 2, ``Fugitive Emissions Source Categories,''
Title only, as filed with the State Records and Archives Center on May
29, 1990.
(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

[[Page 597]]

and Archives Center on June 18, 1986. Further, on April 14, 1989, the
Governor submitted revisions to AQCR 33, as filed with the State Records
and Archives Center on March 16, 1989. In addition, on August 7, 1989,
the Governor submitted a commitment found in the July 12, 1989
Supplement to AQCR 33 to include specific caveat language on all
affected permits issued in which dispersion credits have been an issue
in the permit. AQCR 33 enables Albuquerque/Bernalillo County to ensure
that the degree of emission limitation required for the control of any
air pollutant under its SIP is not affected by that portion of any stack
height that exceeds GEP or by any other dispersion technique.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation
33--Stack Height Requirements, as filed with the State Records and
Archives Center on June 18, 1986, and as revised on March 16, 1989.
(ii) Additional material.
(A) The Supplement to the State of New Mexico's SIP regarding stack
heights in new source review (NSR) for permits issued in Bernalillo
County, as adopted by the Albuquerque/Bernalillo County Air Quality
Control Board on July 12, 1989. The Board in this Supplement committed
to include specific caveat language for all affected permits issued in
which dispersion credits have been an issue in the permit.
(46) Revisions to the New Mexico State Implementation Plan for Air
Quality Control Regulation (AQCR) 707--Permits, Prevention of
Significant Deterioration (PSD) (for PSD nitrogen dioxide increments)
Sections O(4), P(7) through P(41), Table 4, and Table 5, as adopted by
the New Mexico Environmental Improvement Board (NMEIB) on March 9, 1990,
and filed with State Records Center on May 29, 1990, were submitted by
the Governor on July 16, 1990.
(i) Incorporation by reference.
(A) AQCR 707--Permits, Prevention of Significant Deterioration (PSD)
sections O(4), P(7) through P(41), Table 4, and Table 5, as filed with
State Records Center on May 29, 1990.
(ii) Additional Material--None.
(47) A revision to the New Mexico State Implementation Plan (SIP) to
include Part Four of Air Quality Control Regulation 702, entitled
``Source Class Permit Streamlining,'' as filed with the State Records
and Archives Center on May 12, 1992, and submitted by the Governor of
New Mexico by letter dated June 16, 1992.
(i) Incorporation by reference.
(A) New Mexico Air Quality Control Regulation 702--Permits, ``Part
Four--Source Class Permit Streamlining,'' Section A, ``Definitions;''
Section B, ``Applicability;'' Section C, ``Contents of Application;''
Section D, ``Public Notice and Participation;'' Section E, ``Permit
Decisions;'' Section F, ``General Requirements;'' Section G, ``Source
Class Requirements;'' and Table 2, ``Permit Streamlining Source Class
Categories,'' as filed with the State Records and Archives Center on May
12, 1992.
(48) A revision to the New Mexico SIP to include revisions to Air
Quality Control Regulation 709--Permits--Nonattainment Areas, as filed
with the State Records and Archives Center on June 25, 1992.
(i) Incorporation by reference.
(A) Revisions to New Mexico Air Quality Control Regulation 709--
Permits--Nonattainment Areas, Section D, ``Source Requirements,''
Subsections D(2), D(3)(a), D(5), D(6); Section G, ``Emission Offsets,''
Subsection G(5); Section I, ``Air Quality Benefit,'' Subsection I(1);
and Section J, ``Public Participation and Notification,'' Subsection
J(2) (first paragraph), as filed with the State Records and Archives
Center on June 25, 1992.
(49) A revision to the New Mexico State Implementation Plan (SIP) to
include revisions to Albuquerque/Bernalillo County Air Quality Control
Board Regulation 8--Airborne Particulate Matter, as filed with the State
Records and Archives Center on February 17, 1983, and submitted by the
Governor of New Mexico by letter dated June 16, 1992.
(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,

[[Page 598]]

8.03.7, and 8.03.8, as filed with the State Records and Archives Center
on February 17, 1983.
(50) A revision to the New Mexico State Implementation Plan (SIP)
addressing moderate PM-10 nonattainment area requirements for Anthony
was submitted by the Governor of New Mexico by letter dated November 8,
1991. The SIP revision included, as per section 188(f) of the Clean Air
Act, a request for a waiver of the attainment date for Anthony.
(i) Incorporation by reference.
(A) Revision to New Mexico Air Quality Control Regulation 301--
Regulation to Control Open Burning, section I (definition of ``open
burning''), as filed with the State Records and Archives Center on
February 7, 1983.
(ii) Additional material.
(A) November 8, 1991, narrative plan addressing the Anthony moderate
PM-10 nonattainment area, including emission inventory, modeling
analyses, and control measures.
(B) A letter dated October 29, 1991, from Judith M. Price, Dona Ana
County Planning Director and Assistant County Manager, to Judith M.
Espinosa, Secretary of the New Mexico Environment Department, in which
the County committed to implement and enforce all Dona Ana County rules,
regulations, policies and practices, including those identified in the
draft PM-10 SIP which reduce airborne dust in the Anthony area. The Dona
Ana County rules, regulations, policies and practices identified in the
draft Anthony PM-10 SIP are identical to those identified in the final
Anthony PM-10 SIP.
(C) A letter dated November 21, 1991, from Cecilia Williams, Chief,
New Mexico Air Quality Bureau, to Gerald Fontenot, Chief, Air Programs
Branch, EPA Region 6, expressing satisfaction with the October 29, 1991,
commitment letter from Judith Price to Judith Espinosa.
(D) Anthony PM-10 SIP narrative from page 10 that reads as follows:
``The State remains committed to the dust control measures implemented
by Dona Ana County, moderate area control strategies as agreed to in
this SIP submittal and to the established air quality monitoring
schedule.''
(51) A revision to the New Mexico SIP addressing the nonattainment
new source review program for Albuquerque/Bernalillo County, outside the
boundaries of Indian lands, was submitted by the Governor of New Mexico
on April 14, 1989, August 7, 1989, and May 17, 1993. The revision
included visibility protection new source review and stack height
provisions.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation
32--Construction Permits--Nonattainment Areas, Section A,
``Applicability,'' Subsection A(2); Section B, ``Source Obligation,''
Subsections B(1), B(2), B(4); Section C, ``Source Information,''
Subsection C(3); Section G, ``Emission Offsets,'' Subsections G(first
paragraph), G(1), G(2), G(4), G(6), G(7), G(8), G(9)(first paragraph),
G(9)(a), G(9)(b), G(10); Section J, ``Public Participation and
Notification,'' Subsections J(1), J(2)(a), J(2)(d), J(2)(f), J(2)(g),
J(2)(h); Section K, ``Definitions,'' Subsections K(first paragraph),
K(1), K(2), K(4), K(5), K(6), K(8), K(9), K(10), K(11), K(12), K(13),
K(15), K(16)(first paragraph), K(16)(b), K(16)(c)(first paragraph),
K(16)(c)(i), K(16)(c)(ii), K(16)(c)(iii), K(16)(c)(iv),
K(16)(c)(v)(first paragraph), K(16)(c)(v)(a), K(16)(c)(vi),
K(16)(c)(vii), K(16)(d), K(16)(e), K(17)(first paragraph), K(17)(a),
K(17)(b), K(17)(c), K(18), K(19), K(20), K(21)(first paragraph),
K(21)(a), K(21)(b)(first paragraph), K(21)(b)(i), K(21)(c), K(21)(d),
K(21)(e), K(21)(f), K(23), K(26), K(28), K(29), K(31), K(32); and Table
1, ``Significant Ambient Concentrations,'' as filed with the State
Records and Archives Center on March 16, 1989; and further revisions to
AQCR 32, Section i, ``Purpose;'' Section A, ``Applicability,''
Subsections A(1), A(3), A(4); Section B, ``Source Obligation,''
Subsections B(3), B(5), B(6); Section C, ``Source Information,''
Subsections C(first paragraph), C(1), C(2); Section D, ``Source
Requirements;'' Section E, ``Additional Requirements for Sources;''
Section F, ``Emissions Offset Baseline;'' Section G, ``Emission
Offsets,'' Subsections G(3), G(5), G(9)(c); Section H, ``Banking of
Emission Reduction;'' Section I, ``Air Quality Benefit;'' Section J,

[[Page 599]]

``Public Participation and Notification,'' Subsections J(2)(first
paragraph), J(2)(b), J(2)(c), J(2)(e); Section K, ``Definitions,''
Subsections K(3), K(7), K(14), K(16)(a), K(16)(c)(v)(b), K(17)(d),
K(17)(e), K(21)(b)(ii), K(22), K(24), K(25), K(27), K(30); and Table 2,
``Fugitive Emissions Source Categories,'' as filed with the State
Records and Archives Center on February 26, 1993.
(ii) Additional material.
(A) The Supplement to the New Mexico State Implementation Plan to
Control Air Pollution in Areas of Bernalillo County Designated
Nonattainment, as approved by the Albuquerque/Bernalillo County Air
Quality Control Board on April 14, 1993. This supplement superseded the
supplement dated July 12, 1989.
(B) A letter dated July 18, 1989, from Sarah B. Kotchian, Director,
Albuquerque Environmental Health Department, to Mr. Robert E. Layton
Jr., Regional Administrator, EPA Region 6, regarding a stack height
commitment and an NSPS/NESHAP performance testing commitment.
(52) A revision to the New Mexico SIP addressing CO for Albuquerque/
Bernalillo County was submitted by the Governor of New Mexico by letter
dated November 5, 1992.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Regulation 34-Woodburning, section
34.00, ``Purpose;'' section 34.01, ``Definitions;'' section 34.02,
``Sale of New Wood Heaters-Certification Required;'' section 34.03,
``No-burn Periods;'' section 34.04, ``Notice Required;'' Section 34.05,
``Exemptions;'' section 34.06, ``Visible Emissions;'' section 34.07,
``Test Procedures;'' and section 34.08, ``Misfueling of Solid Fuel
Heating Devices Prohibited,'' as filed with the State Records and
Archives Center on November 27, 1991.
(B) Albuquerque/Bernalillo County Regulation 35-Alternative Fuels,
section 35.00, ``Purpose;'' section 35.01, ``Definitions;'' section
35.02, ``Oxygenated Fuels;'' section 35.03, ``Oxygenated Fuels
Procedures Manual;'' and section 35.07, ``Severability Clause,'' as
filed with the State Records and Archives Center on June 25, 1992.
(ii) Additional material.
(A) November 5, 1992, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the Albuquerque/
Bernalillo County 1990 base year CO emissions inventory.
(B) A letter dated March 22, 1993, from Sarah B. Kotchian, Director,
Albuquerque Environmental Health Department (Department), to A. Stanley
Meiburg, Director, Air, Pesticides and Toxics Division, EPA Region 6, in
which the Department committed to submitting future amendments to
Regulation 34 to correct an enforceability deficiency, and in which the
Department committed to using only EPA approved test methods until the
future amendment correcting the enforceability deficiency is approved by
the EPA.
(C) A memorandum dated September 8, 1992, from Kent A. Salazar,
Manager, Albuquerque Vehicle Pollution Management Division, to Albert
Salas, Quality Assurance Specialist Supervisor, Albuquerque Vehicle
Pollution Management Division, addressing the suspension of the
oxygenated fuels program due to oxygenate shortage.
(53) A revision to the New Mexico SIP addressing the prevention of
significant deterioration program for Albuquerque/Bernalillo County,
outside the boundaries of Indian lands, was submitted by the Governor of
New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, and May 17,
1993. The revision included NO2 increment provisions and
visibility protection NSR.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation
(AQCR) 29--Prevention of Significant Deterioration, Section A,
``Applicability;'' Section B, ``Exemptions;'' Section C, ``Source
Obligation;'' Section D, ``Source Information;'' Section E, ``Control
Technology Requirements,'' Subsections E(1), E(2), E(4)(a), E(4)(b),
E(4)(c), E(4)(d), E(4)(e), E(5), E(6), E(7), E(8); Section F, ``Ambient
Impact Requirements,'' Subsections F(1), F(2); Section G, ``Additional
Impact Requirements;'' Section H, ``Ambient Air Quality Modeling;''
Section I, ``Monitoring Requirements,'' Subsections I(1), I(2), I(3),
I(4), I(5), I(7), I(8), I(9);

[[Page 600]]

Section J, ``Stack Height Credit;'' Section K, ``Temporary Source
Exemptions;'' Section L, ``Public Participation and Notification;''
Section M, ``Restrictions on Area Classifications;'' Section N,
``Exclusions from Increment Consumption;'' Section O, ``Additional
Requirements for Sources Impacting Federal Class I Areas,'' Subsections
O(1), O(2), O(3), O(5), O(6), O(7); Section P, ``Definitions,''
Subsections P(first paragraph), P(1), P(2), P(3), P(4), P(5), P(6),
P(26)(first paragraph), P(26)(a), P(26)(c), P(26)(d), P(27); and Table
3, ``Significant Monitoring Concentrations,'' as filed with the State
Records and Archives Center on March 16, 1989; and further revisions to
AQCR 29, Section O, ``Additional Requirements for Sources Impacting
Federal Class I Areas,'' Subsection O(4); Section P, ``Definitions,''
Subsections P(8), P(9), P(10), P(12), P(13)(first paragraph), P(13)(a),
P(14), P(15), P(16), P(17), P(18), P(19), P(20), P(21), P(22), P(23),
P(24), P(25), P(26)(e), P(28), P(29), P(30), P(31), P(32), P(33), P(34),
P(35), P(36), P(37), P(38), P(39), P(40), P(41); and Table 5, ``Maximum
Allowable Increases for Class I Waivers,'' as filed with the State
Records and Archives Center on April 24, 1990; and further revisions to
AQCR 29, Section E, ``Control Technology Requirements,'' Subsections
E(3), E(4)(first paragraph); Section F, ``Ambient Impact Requirements,''
Subsection F(3); Section I, ``Monitoring Requirements,'' Subsection
I(6); Section P, ``Definitions,'' Subsections P(7), P(11), P(13)(b),
P(26)(b); Table 1, ``PSD Source Categories;'' Table 2, ``Significant
Emission Rates;'' Table 4, ``Allowable PSD Increments;'' and Table 6,
``Maximum Allowable Increase for Sulfur Dioxide Waiver by Governor,'' as
filed with the State Records and Archives Center on February 26, 1993.
(B) Albuquerque/Bernalillo County Air Quality Control Board
Regulation 2--Definitions, Sections 2.31, 2.32, 2.33, 2.34, 2.35, 2.36,
2.37, 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 2.45, 2.46, 2.47, 2.48,
2.49, 2.50, 2.51, and 2.52, as filed with the State Records and Archives
Center on March 16, 1989.
(ii) Additional material.
(A) The Supplement to the New Mexico State Implementation Plan for
Prevention of Significant Deterioration in Albuquerque/Bernalillo
County, as approved by the Albuquerque/Bernalillo County Air Quality
Control Board on April 11, 1990. This supplement superseded the
supplement dated July 12, 1989.
(B) A letter dated April 20, 1992, from Sarah B. Kotchian, Director,
Albuquerque Environmental Health Department, to A. Stanley Meiburg,
Director, Air, Pesticides and Toxics Division, EPA Region 6, regarding a
commitment to incorporate Clean Air Act Amendment revisions into the
Albuquerque/Bernalillo County PSD program.
(54) A revision to the New Mexico SIP addressing the Albuquerque/
Bernalillo County Permitting Program was submitted by the Governor of
New Mexico by cover letter dated July 22, 1993.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Regulation Number 20-Authority-to-
Construct Permits, Section 20.00, ``Purpose;'' Section 20.01,
``Applicability;'' Section 20.02, ``Fees for Permit Application
Review;'' Section 20.03, ``Contents of Applications;'' Section 20.04,
``Public Notice and Participation;'' Section 20.05, ``Permit Decisions
and Appeals;'' Section 20.06, ``Basis for Permit Denial;'' Section
20.07, ``Additional Legal Responsibilities on Applicants;'' Section
20.08, ``Permit Conditions;'' Section 20.09, ``Permit Cancellation;''
Section 20.10, ``Permittee's Notification Obligations to the
Department;'' Section 20.11, ``Performance Testing Following Startup;''
Section 20.12, ``Emergency Permits;'' Section 20.13, ``Nonattainment
Area Requirements;'' Section 20.14, ``Definitions Specific to Authority-
to-Construct Permit Regulations;'' and Table One, ``Significant Ambient
Concentrations,'' as filed with the State Records and Archives Center on
February 26, 1993.
(ii) Additional material.
(A) The Supplement Pertaining to General New Source Review in
Albuquerque/Bernalillo County, New Mexico, as approved by the
Albuquerque/Bernalillo County Air Quality Control Board on May 12, 1993.
(55)-(56) [Reserved]
(57) A revision to the New Mexico SIP addressing CO contingency
measures and a proposed clean fuel vehicle fleet

[[Page 601]]

demonstration project for Albuquerque/Bernalillo County, outside the
boundaries of Indian lands, was submitted by the Governor of New Mexico
by cover letter dated November 12, 1993.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Regulation Number 35-Alternative
Fuels, Section 35.02, ``Oxygenated Fuels,'' Subsection 35.02(A)(1);
Section 35.03, ``Oxygenated Fuels Procedures Manual;'' and Section
35.06, ``Contingency Measures,'' as filed with the State Records and
Archives Center on November 10, 1993.
(ii) Additional material.
(A) November 12, 1993, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the proposed clean
fuel vehicle fleet demonstration project.
(58) A revision to the New Mexico State Implementation Plan (SIP) to
include revisions to AQCRs 602, 605, 651, and 652, submitted by the
Governor by cover letter dated January 28, 1994. The revision to AQCR
605 consists of removing AQCR 605 from theNew Mexico SIP.
(i) Incorporation by reference.
(A) Revisions to New Mexico Air Quality Control Regulation 602-Coal
Burning Equipment-Sulfur Dioxide, Section A.1, Section A.2, Section A.3,
Section B.1, Section C.1, Section E.2.a, Section E.2.d, Section F.1.b,
Section F.7 and Section G, as filed with the State Records and Archives
Center on November 17, 1993.
(B) Revisions to New Mexico Air Quality Control Regulation 651-
Sulfuric Acid Production Units-Sulfur Dioxide, Acid Mist and Visible
Emissions, Section A, Section B, Section C, Section D, Section E,
Section F, Section G and Section H, as filed with the State Records and
Archives Center on November 17, 1993.
(C) Revisions to New Mexico Air Quality Control Regulation 652-
Nonferrous Smelters-Sulfur, Section B.2, Section C.1, Section D, Section
G, Section H, Section I, Section J, Section K and Section L, as filed
with the State Records and Archives Center on November 17, 1993.
(ii) Additional material.
(A) The document entitled ``Hidalgo Smelter Sulfur Recovery
Procedures,'' including appendix 1, ``Physical Inventory for Sulfur
Recovery Calculations,'' and appendix 2, ``Monthly Sulfur Recovery
Calculation.''
(59) A revision to the New Mexico State Implementation Plan for
Transportation Conformity: Albuquerque/Bernalillo County Air Quality
Control Regulation (AQCR) No. 42 ``Transportation Conformity'' as
adopted on November 9, 1994 and filed with the State Records and
Archives Center on December 16, 1994, was submitted by the Governor on
December 19, 1994. No action is taken on AQCR No. 42 Section 11.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation
(AQCR) No. 42 ``Transportation Conformity'' as adopted on November 9,
1994 and filed with the State Records and Archives Center on December
16, 1994. No action is taken on AQCR No. 42 Section 11.
(ii) Additional material. None.
(60) A revision to the New Mexico State Implementation Plan for
General Conformity: Albuquerque/Bernalillo County Air Quality Control
Regulation No. 43 ``General Conformity'' as adopted on November 9, 1994,
and filed with the State Records and Archives Center on December 16,
1994, was submitted by the Governor on December 19, 1994.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation No.
43 ``General Conformity'' as adopted on November 9, 1994, and filed with
the State Records and Archives Center on December 16, 1994.
(61) A revision to the New Mexico SIP to udpate the Supplement to
the New Mexico State Implementation Plan to Control Air Pollution in
Area(s) of Bernalillo County Designated Nonattainment to reflect EPA's
approval for lifting the construction ban in Bernalillo County,
superseding the supplement dated April 14, 1993.
(i) Incorporation by reference.
(A) October 12, 1994 Supplement to the New Mexico State
Implementation Plan to Control Air Pollution in Area(s) of Bernalillo
County Designated Nonattainment as approved by the Albuquerque/
Bernalillo County Air Quality Control Board on November 9, 1994.

[[Page 602]]

(62) The Governor of New Mexico submitted revisions to 20 New Mexico
Administrative Code 2.74 on June 26, 1995, to incorporate changes in the
Federal PSD permitting regulations for PM-10 increments.
(i) Incorporation by reference.
(A) Revisions to 20 New Mexico Administrative Code 2.74, effective
July 20, 1995.
(63) A revision to the New Mexico SIP approving a request for
redesignation to attainment, a vehicle inspection and maintenance
program, and the required maintenance plan for the Albuquerque/
Bernalillo County CO nonattainment area, submitted by the Governor on
May 11, 1995. The 1993 emissions inventory and projections were included
in the maintenance plan.
(i) Incorporation by reference.
(A) A letter from the Governor of New Mexico to EPA dated April 14,
1995, in which the Governor requested redesignation to attainment based
on the adopted Carbon Monoxide Redesignation Request and Maintenance
Plan for Albuquerque/Bernalillo County New Mexico.
(B) Albuquerque/Bernalillo County Air Quality Control Board
Regulation No. 28, Motor Vehicle Inspection, as amended April 12, 1995
and effective on July 1, 1995.
(ii) Additional material. Carbon Monoxide Redesignation Request and
Maintenance Plan for Albuquerque/Bernalillo County New Mexico, approved
and adopted by the Air Quality Control Board on April 13, 1995.
(64)-(65) [Reserved]
(66) Recodified and revised regulations of the New Mexico
Administrative Code submitted by the Governor on January 8, and July 18,
1996.
(i) Incorporation by reference.
(A) New Mexico Administrative Code, Title 20, Chapter 2, Parts 1 and
2, adopted by the New Mexico Environmental Improvement Board September
22, 1995, and filed with the State Records and Archives Center on
September 27, 1995.
(B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 5,
7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32,
33, 34, 40, 41, 60, 61, 72 (Subparts I, II and III; Subpart V, Sections
501 and 502), 73, 75, 79, and 80; adopted by the New Mexico
Environmental Improvement Board on October 20, 1995, and filed with the
State Records and Archives Center on October 30, 1995.
(C) Revised New Mexico Administrative Code, Title 20, Chapter 2,
Part 3, Sections 109 and 111 and; Part 61, Section 111 and; repeal of
Part 3, Section 112, adopted by the New Mexico Environmental Improvement
Board December 8, 1995, and filed with the State Records and Archives
Center on December 11, 1995.
(D) New Mexico State Records Center transmittals repealing Air
Quality Control Regulations 705 and 706; adopted by the New Mexico
Environmental Improvement Board December 8, 1995; and filed with the
State Records and Archives Center on December 11, 1995.
(E) Revised New Mexico Administrative Code, Title 20, Chapter 2,
Part 72, Section 103; adopted by the New Mexico Environmental
Improvement Board on June, 18, 1996, and filed with the State Records
and Archives Center on June 19, 1996.
(ii) Additional material. None.

[37 FR 10881, May 31, 1972. Redesignated 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)

[[Page 603]]

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.
(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, 10/15/2011 12/27/2016 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, 2/25/2000 4/22/2008 EPA
Acceptable ambient approval finalized at
air quality. 73 FR 21548.
Title 6, Part 200, Subpart 200.7. General Provisions, 2/25/2000 4/22/2008 EPA
Maintenance of approval finalized at
equipment. 73 FR 21548.
Title 6, Part 200, Subpart 200.9. General Provisions, 12/17/2015 12/5/2017 EPA
Referenced Material. is approving reference
documents that are not
Federally enforceable.
EPA
approval finalized at
82 FR 57362

Conditional Approval.
Title 6, Part 201................ Permits and 4/4/1993 10/3/2005 This
Registrations. action removes subpart
201.5(e) from the
State's Federally
approved SIP.
EPA
approval finalized at
70 FR 57511.

[[Page 604]]

Title 6, Part 201, Subpart 201- Permits and 10/15/2011 12/27/2016 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 7/7/1996 10/3/2005 EPA
7.1. Registrations, approval finalized at
Federally 70 FR 57511.
Enforceable
Emission Caps.
Title 6, Part 201, Subpart 201- Permits and 7/7/1996 10/3/2005 EPA
7.2. Registrations, approval finalized at
Emission Capping 70 FR 57511.
Using Synthetic
Minor Permits.
Title 6, Part 202................ Emissions Testing, 3/24/1979 11/12/1981 EPA
Sampling and approval finalized at
Analytical 46 FR 55690.
Determinations.
Title 6, Part 202, Subpart 202-2. Emission Statements. 5/29/2005 10/31/2007
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.
Title 6, Part 204................ NOX Budget Trading 2/25/2000 5/22/2001
Program. Incorporates 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 1/1/2011 3/8/2012 EPA
Industrial approval finalized at
Maintenance (AIM) 77 FR 13974.
Coatings.
Title 6, Part 207................ Control Measures for 2/22/1979 11/12/1981 EPA
an Air Pollution approval finalized at
Episode. 46 FR 55690.
Title 6, Part 211................ General Prohibitions 1/1/2011 3/8/2012
Section 211.1
(previously numbered
211.2) is not part of
the approved plan.
(see 11/27/1998, 63 FR
65559).
EPA
approval finalized at
77 FR 13974.
Title 6, Part 212................ General Process 9/30/2010 7/12/2013 SIP
Emission Sources. revisions 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 5/1/1972 9/22/1972 EPA
Emissions from approval finalized at
Ferrous Jobbing 37 FR 19814.
Foundries.
Title 6, Part 214................ By-Product Coke Oven 9/22/1994 7/20/2006 EPA
Batteries. approval finalized at
71 FR 41163.
Title 6, Part 215................ Open Fires.......... 6/16/1972 9/22/1972 EPA
approval finalized at
37 FR 19814.
Title 6, Part 216................ Iron and/or Steel 9/22/1994 7/20/2006 EPA
Processes. approval finalized at
71 FR 41163.
Title 6, Part 217, Subpart 217-1. Motor Vehicle 12/5/2010 2/28/2012 EPA
Emissions, Motor approval finalized at
Vehicle Enhanced 77 FR 11742.
Inspection and
Maintenance Program
Requirements Until
December 31, 2010.
Title 6, Part 217, Subpart 217-4. Motor Vehicle 12/5/2010 2/28/2012 EPA
Emissions, approval finalized at
Inspection and 77 FR 11742.
Maintenance Program
Audits Until
December 31, 2010.

[[Page 605]]

Title 6, Part 217, Subpart 217-6. Motor Vehicle 12/5/2010 2/28/2012 EPA
Emissions, Motor approval finalized at
Vehicle Enhanced 77 FR 11742.
Inspection and
Maintenance Program
Requirements
Beginning January
1, 2011.
Title 6, Part 218, Subpart 218-1. Emission Standards 12/28/2000 1/31/2005
for Motor Vehicles EPA's approval of part
and Motor Vehicle 218 only applies to
Engines, light-duty vehicles.
Applicability and EPA
Definitions. approval finalized at
70 FR 4773.
Title 6, Part 218, Subpart 218-2. Emission Standards 12/28/2000 1/31/2005
for Motor Vehicles EPA's approval of part
and Motor Vehicle 218 only applies to
Engines, light-duty vehicles.
Certification and EPA
Prohibitions. approval finalized at
70 FR 4773.
Title 6, Part 218, Subpart 218-3. Emission Standards 12/28/2000 1/31/2005
for Motor Vehicles EPA's approval of part
and Motor Vehicle 218 only applies to
Engines, Fleet light-duty vehicles.
Average. EPA
approval finalized at
70 FR 4773.
Title 6, Part 218, Subpart 218-4. Emission Standards 5/28/1992 1/6/1995
for Motor Vehicles EPA's approval of part
and Motor Vehicle 218 only applies to
Engines, Zero light-duty vehicles.
Emissions Vehicle EPA
Sales Mandate. approval finalized at
60 FR 2025.
Title 6, Part 218, Subpart 218-5. Emission Standards 12/28/2000 1/31/2005
for Motor Vehicles EPA's approval of part
and Motor Vehicle 218 only applies to
Engines, Testing. light-duty vehicles.
EPA
approval finalized at
70 FR 4773.
Title 6, Part 218, Subpart 218-6. Emission Standards 12/28/2000 1/31/2005
for Motor Vehicles EPA's approval of part
and Motor 218 only applies to
Surveillance. light-duty vehicles.
EPA
approval finalized at
70 FR 4773.
Title 6, Part 218, Subpart 218-7. Emission Standards 12/28/2000 1/31/2005
for Motor Vehicles EPA's approval of part
and Motor Vehicle 218 only applies to
Engines, light-duty vehicles.
Aftermarket Parts. EPA
approval finalized at
70 FR 4773.
Title 6, Part 218, Subpart 218-8. Emission Standards 12/28/2000 1/31/2005
for Motor Vehicles EPA's approval of part
and Motor Vehicle 218 only applies to
Engines, light-duty vehicles.
Severability. EPA
approval finalized at
70 FR 4773.
Title 6, Part 219................ Incinerators........ 5/1/1972 9/22/1972 EPA
approval finalized at
37 FR 19814.
Title 6, Part 220................ Portland Cement 7/11/2010 7/12/2013 SIP
Plants and Glass revisions 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 6/17/1972 9/22/1972 EPA
York City, Nassau approval finalized at
and Westchester 37 FR 19814.
Counties.
Title 6, Part 223................ Petroleum Refineries 8/9/1984 7/19/1985 EPA
approval finalized at
50 FR 29382.
Title 6, Part 224................ Sulfuric and Nitric 5/10/1984 7/19/1985
Acid Plants. Variances 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 3/24/1979 11/12/1981
Use-Sulfur Variances adopted by
Limitations. the State pursuant to
Sec. Sec. 225.2(b)
and (c), 225.3, and
225.5(c) become
applicable only if
approved by EPA or SIP
revisions (40 CFR
52.1675(e)).
EPA
approval finalized at
46 FR 55690.
Title 6, Part 225, Subpart 225-2. Fuel Composition and 7/28/1983 8/2/1984 EPA
Use-Waste Fuel. approval finalized at
49 FR 30936.
Title 6, Part 225, Subpart 225-3. Fuel Composition and 11/4/2001 9/8/2005 The
Use-Gasoline. Variance 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.

[[Page 606]]

Title 6, Part 226................ Solvent Metal 5/7/2003 1/23/2004 EPA
Cleaning Processes. approval finalized at
69 FR 3237.
Title 6, Part 227, Subpart Stationary 5/1/1972 9/22/1972 1972
227.2(b)(1). Combustion version.
Installations. EPA
approval finalized at
37 FR 19814.
Title 6, Part 227, Subpart 227-1. Stationary 2/25/2000 5/22/2001
Combustion Existing Part 227 is
Installations. renumbered 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 7/8/2010 7/12/2013 SIP
Combustion revisions 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
Facilities of approval finalized at
Oxides of Nitrogen 78 FR 41846.
(NOX).
Title 6, Part 227, Subpart 227-3. Stationary 3/5/1999 5/22/2001
Combustion Approval of NOX Budget
Installations, Pre- Trading Program for
2003 Nitrogen 1999, 2000, 2001 and
Oxides Emissions 2002. NOX caps in the
Budget and State during 2003 and
Allowance Program. thereafter established
in Part 204.
EPA
approval finalized at
66 FR 28063.
Title 6, Part 228................ Surface Coating 6/5/2013 3/4/2014 EPA
Processes, approval finalized at
Commercial and 79 FR 12082.
Industrial
Adhesives, Sealants
and Primers.
Title 6, Part 229................ Petroleum and 4/4/1993 12/23/1997 SIP
Volatile Organic revisions 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 9/22/1994 4/30/1998 EPA
Sites and Transport approval finalized at
Vehicles. 63 FR 23668.
Title 6, Part 231................ New Source Review 10/15/2011 12/27/2016 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........ 8/11/1983 6/17/1985 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 4/4/1993 12/23/1997 SIP
Cosmetic revisions 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........ 7/8/2010 3/8/2012 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... 10/15/2009 5/28/2010 EPA
approval finalized at
75 FR 29897.
Title 6, Part 236................ Synthetic Organic 1/12/1992 7/27/1993
Chemical Variances adopted by
Manufacturing the State pursuant to
Facility Component Part 236.6(e)(3)
Leaks. become applicable only
if approved by EPA as
a SIP revision.
EPA
approval finalized at
58 FR 40059.
Title 6, Part 239................ Portable Fuel 7/30/2009 5/28/2010 The
Container Spillage specific application
Control. of 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 607]]

Title 6, Part 240, Subpart 240-1. Transportation 9/13/2013 7/29/2014 EPA
Conformity, approval finalized at
Transportation 79 FR 43945.
Conformity General
Provisions.
Title 6, Part 240, Subpart 240-2. Transportation 9/13/2013 7/29/2014 EPA
Conformity, approval finalized at
Consultation. 79 FR 43945.
Title 6, Part 240, Subpart 240-3. Transportation 9/13/2013 7/29/2014 EPA
Conformity, approval finalized at
Regional 79 FR 43945.
Transportation-
Related Emissions
and Enforceability.
Title 6, Part 241................ Asphalt Pavement and 1/1/2011 3/8/2012 EPA
Asphalt Based approval finalized at
Surface Coating. 77 FR 13974.
Title 6, Part 243................ CAIR NOX Ozone 10/19/2007 1/24/2008 EPA
Season Trading approval finalized at
Program. 73 FR 4112.
Title 6, Part 244................ Transport Rule NOX 12/17/2015 12/5/2017 EPA
Annual Trading approval finalized at
Program. 82 FR 57362.

Conditional Approval.
Title 6, Part 245................ Transport Rule SO2 12/17/2015 12/5/2017 EPA
Group 1 Trading approval finalized at
Program. 82 FR 57362.

Conditional Approval.
Title 6, Part 249................ Best Available 5/6/2010 8/28/2012 EPA
Retrofit Technology approval finalized at
(BART). 77 FR 51915.
Title 15, Part 79, Subparts 79.1- Motor Vehicle 12/29/2010 2/28/2012 EPA
79.15, 79.17, 79.20, 79.21, Inspection approval finalized at
79.24, 79.25. Regulations. 77 FR 11742.
Title 19, Part 937............... Access To Publicly 8/27/2012 6/20/2013 Only
Available Records. subpart 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 7/15/2010 8/28/2012 EPA
Conservation Law, approval finalized at
Sulfur reduction 77 FR 51915.
requirements.
Section 73-a..................... Public Officers Law, 8/15/2011 6/20/2013 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, 8/19/1981 1/26/1984 Part
Corporation. 9-0420. 212 VOC 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, 1/29/1982 1/26/1984 Part
Corporation. 9-0420, Amendment 212 VOC RACT
Letter 1. 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, 3/3/1982 1/26/1984 Part
Corporation. 9-0420, Amendment 212 VOC RACT
Letter 2. Compliance Plan.

Green tire spraying,
bead dipping, and
under tread and tread
end cementing
processes.
EPA
approval finalized at
49 FR 3436.
Morton International Inc......... A563203003500027C... 9/1/1995 9/23/1997 Part
227-2, NOX RACT
determination.

Emission point 00027.
EPA
approval finalized at
62 FR 49617.

[[Page 608]]

Morton International Inc......... A563203003500027C, 8/23/1995 9/23/1997 Part
Special Conditions. 227-2, NOX RACT
determination.

Emission point 00027.
EPA
approval finalized at
62 FR 49617.
University of Rochester.......... 8-2614-00548/00006-0 4/25/1996 9/23/1997 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- 3/19/1996 9/23/1997 Part
0, Special 227-2, NOX RACT
Conditions. determination.

Emission points 00003
and 0005.
EPA
approval finalized at
62 FR 49617.
Algonquin Gas Transmission 3-3928-1/9-0........ 9/23/1991 9/23/1997 Part
Company. 227-2, 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 3/18/1996 9/23/1997 Part
Company. Conditions. 227-2, NOX RACT
determination.

Emission Points R0100,
R0200, R0300.
EPA
approval finalized at
62 FR 49617.
Algonquin Gas Transmission 3-3928-00001/00013.. 3/29/1996 9/23/1997 Part
Company. 227-2, NOX RACT
determination.

Emission Point R0400.
EPA
approval finalized at
62 FR 49617.
Algonquin Gas Transmission 3-39228-00001/ 8/8/1996 9/23/1997
Company. 00010,11,12,13. Permit 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.............. 8/22/1995 7/21/2003 Part
known as Tenneco Gas Pipeline 227-2, 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 2/24/1997 7/21/2003 Part
known as Tenneco Gas Pipeline Conditions. 227-2, 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.............. 10/4/1995 7/21/2003 Part
known as Tenneco Gas Pipeline 227-2, 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 9/15/1995 7/21/2003 Part
known as Tenneco Gas Pipeline Conditions. 227-2, 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.. 12/16/1997 7/1/2004 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........ 3/20/2012 8/28/2012 Part
Plant). 249 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........ 3/20/2012 8/28/2012 Part
NRG. 249 BART.

Boiler 30.
EPA
approval finalized at
77 FR 51915.
Bowline Generating Station, GenOn 3-3922-00003........ 6/28/2012 8/28/2012 Part
249 BART.

Boilers 1 and 2.
EPA
approval finalized at
77 FR 51915.
Con Edison 59th Street Station... 2-6202-00032........ 3/20/2012 8/28/2012 Part
249 BART.

Steam Boilers 114 and
115.
EPA
approval finalized at
77 FR 51915.

[[Page 609]]

EF Barrett Power Station, NG..... 1-2820-00553........ 3/27/2012 8/28/2012 Part
249 BART.

Boiler 2.
EPA
approval finalized at
77 FR 51915.
International Paper Ticonderoga 5-1548-00008........ 3/19/2012 8/28/2012 Part
Mill. 249 BART.

Power Boiler and
Recovery Furnace.
EPA
approval finalized at
77 FR 51915.
Kodak Operations at Eastman 8-2614-00205........ 5/25/2012 8/28/2012 Part
Business Park, Kodak. 249 BART.

Boilers 41, 42 and 43.
EPA
approval finalized at
77 FR 51915.
Lafarge Building Materials....... 4-0124-00001........ 7/19/2011 8/28/2012
Condition 12-14.

Kilns 1 and 2.
EPA
approval finalized at
77 FR 51915.
Lehigh Northeast Cement, Lehigh 5-5205-00013........ 7/5/2012 8/28/2012 Part
Cement. 220 and Part 249 BART.
Kiln
and Clinker cooler.
EPA
approval finalized at
77 FR 51915.
Northport Power Station, NG...... 1-4726-00130........ 3/27/2012 8/28/2012 Part
249 BART.

Boilers 1, 2, 3, and
4.
EPA
approval finalized at
77 FR 51915.
Oswego Harbor Power, NRG......... 7-3512-00030........ 5/16/2012 8/28/2012 Part
249 BART.

Boilers 5 and 6.
EPA
approval finalized at
77 FR 51915.
Owens-Corning Insulating Systems 4-0122-00004........ 5/18/2012 8/28/2012 Part
Feura Bush, Owens Corning. 249 BART.
EU2,
EU3, EU12, EU13, and
EU14.
EPA
approval finalized at
77 FR 51915.
Ravenswood Generating Station, TC 2-6304-00024........ 4/6/2012 8/28/2012 Part
249 BART.

Boilers 10, 20, 30.
EPA
approval finalized at
77 FR 51915.
Ravenswood Steam Plant, Con 2-6304-01378........ 3/20/2012 8/28/2012, Part
Edison. 249 BART.

Boiler 2.
EPA
approval finalized at
77 FR 51915.
Roseton Generating Station....... NYSDEC Facility No. 12/5/2016 2/16/2018 Best Available Retrofit
33346000075. Technology (BART)
emission limits for
SO2 pursuant to 6
NYCRR part 249 for
Units 1 and 2.
Samuel A Carlson Generating 9-0608-00053........ 2/8/2012 8/28/2012 Part
Station, James town Board of 249 BART.
Public Utilities.
Boiler 12.
EPA
approval finalized at
77 FR 51915.
Syracuse Energy Corporation [GDF 7-3132-00052........ 5/24/2012 8/28/2012 Part
Suez]. 249 BART.

Boiler 1.
EPA
approval finalized at
77 FR 51915.
Danskammer Energy LLC, Danskammer NYSDEC Facility No. 2/25/2015 12/4/2017 Best Available Retrofit
Generating Station. 33346000011. Technology (BART)
emission limits for
NOX, SO2, and PM
pursuant to 6 NYCRR
part 249 for Unit 4
and the requirement to
combust only natural
gas.
----------------------------------------------------------------------------------------------------------------

(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 8/30/1999 4/19/2000, 65 FR 20909...
monoxide concerning the New Jersey-Long
oxyfuel program. Island carbon
monoxide
nonattainment
area.
Stage II gasoline vapor Upstate portions 4/18/2000 9/29/2000, 65 FR 58364...
recovery comparability plan. of New York
State.
The 1990 base year emission Areas designated 2/2/1999 5/10/2001, 66 FR 23851...
inventory (Volatile organic nonattainment
compounds (VOC), Nitrogen for ozone since
oxides (NOX) and Carbon 1991 in New York
monoxide (CO)). State.

[[Page 610]]

1996 and 1999 ozone projection New York portion 2/2/1999 5/10/2001, 66 FR 23851...
year emission inventories. of the New York-
Northern New
Jersey-Long
Island 1-hour
ozone
nonattainment
area.
Photochemical assessment New York portion 2/2/1999 5/10/2001, 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 2/2/1999 5/10/2001, 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 2/2/1999 5/10/2001, 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 11/27/1998 2/4/2002, 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 11/27/1998 2/4/2002, 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 11/27/1998 2/4/2002, 67 FR 5194.....
of the New York-
Northern New
Jersey-Long
Island 1-hour
ozone
nonattainment
area.
Reasonably Available Control New York portion 10/1/2001 2/4/2002, 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 11/27/1998, 2/4/2002, 67 FR 5194.....
ozone. of the New York- supplemented
Northern New on 4/15/1999,
Jersey-Long and 4/18/2000
Island 1-hour
ozone
nonattainment
area.
Enforceable commitments for New York portion 4/18/2000 2/4/2002, 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.. 6/22/2004 9/8/2005, 70 FR 53304....
monoxide maintenance plan.
1990 and 2007 conformity New York portion 1/29/2003, 9/13/2005, 70 FR 53944...
emission budgets for ozone. of the New York- amended on
Northern New 6/29/2003 and
Jersey-Long 1/18/2005
Island 1-hour
ozone
nonattainment
area.
Revised commitment to perform a New York portion 1/29/2003 9/13/2005, 70 FR 53944...
mid-course review for ozone. of the New York-
Northern New
Jersey-Long
Island 1-hour
ozone
nonattainment
area.

[[Page 611]]

New York reasonably available Statewide and to 9/1/06, 7/23/2010, 75 FR 43069...
control technology (RACT) the New York supplemented
analysis for ozone. portion of the on 2/8/2008
New York- and 9/16/2008
Northern New
Jersey-Long
Island, NY-NJ-CT
and the
Poughkeepsie 8-
hour ozone
moderate
nonattainment
areas.
Reasonably available control New York portion 2/8/2008 7/23/2010, 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........ 3/15/2000 8/28/2012, 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........ 4/16/2012 8/28/2012, 77 FR 51915...
Sulfur Content.
Regional Haze Plan--BART Permit Statewide........ 4/16/2012 8/28/2012, 77 FR 51915...
modifications.
Regional Haze Plan--BART Permit Statewide........ 7/2/2012 8/28/2012, 77 FR 51915...
modifications.
1997 8-hour Ozone--Attainment New York portion 2/8/2008 2/11/2013, 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 2/11/2013, 78 FR 9596....
Demonstration. hour ozone
moderate
nonattainment
area.
Section 110(a)(2) Statewide........ 12/13/2007, 10/ 6/20/2013, 78 FR 37122... This action
Infrastructure Requirements 2/2008, addresses the
for the 1997 8-hour ozone and 3/15/2010 and following CAA
the 1997 and 2006 PM2.5 NAAQS. supplemented elements:
on 5/23/2013 110(a)(2)(A),
(B), (C),
(D)(i)(II)
prongs 3 and 4,
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).

[[Page 612]]

Maintenance plan for the 1997 New York portion 6/27/2013 and 4/18/2014, 79 FR 21857...
and 2006 PM2.5 National of the 1997 and supplemented
Ambient Air Quality Standards. 2006 New York- on 9/18/2013
2007 attainment year emissions Northern New and 2/27/2014
inventory. 2009, 2017, and Jersey-Long
2025 motor vehicle emissions Island, NY-NJ-
budget. CT, PM2.5
nonattainment
area.
Approval of CO maintenance New York portion 5/9/2013 5/30/2014, 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........ 5/8/2013, and 9/12/2014, 79 FR 54619... This action
Infrastructure Requirements supplemented addresses the
for the 2010 Primary Nitrogen on 5/23/2013 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........ 10/13/2011, 6/1/2015, 80 FR 30940.... This action
Infrastructure Requirements and addresses the
for the 2008 Primary Pb NAAQS. supplemented following CAA
on 2/24/2012 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-- 10/5/2012 6/12/2015, 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........ 10/3/2013 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).
Regional Haze Five-Year State-wide....... 6/16/2015 9/29/2017, 82 FR 45499...
Progress Report.
2008 8-hour Ozone RACT analysis Statewide and to 12/22/2014 12/12/2017............... Full approval
portion of the as it applies to
New York- non-CTG major
Northern New sources of VOCs
Jersey-Long and to major
Island (NY-NJ- sources of NOX.
CT) and the Conditional
ozone approval as it
nonattainment applies to CTG
areas. for VOC major
sources.
2008 8-hour Ozone Nonattainment Statewide and to 12/22/2014 12/12/2017............... Full approval.
portion of the
New York-
Northern New
Jersey-Long
Island (NY-NJ-
CT) and the
Jamestown 8-hour
ozone
nonattainment
areas.
----------------------------------------------------------------------------------------------------------------

[[Page 613]]

[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; 82 FR 45500, Sept. 29, 2017; 82 FR 57129, Dec. 4,
2017; 82 FR 57366, Dec. 5, 2017; 82 FR 58346, Dec. 12, 2017; 83 FR 33,
Jan. 2, 2018; 83 FR 6972, Feb. 16, 2018]

Sec. 52.1671 Classification of regions.

The New York plans were evaluated on the basis of the following
classifications:

----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Niagara Frontier Intrastate.......................... I I III III I
Champlain Valley Interstate.......................... II II III III III
Central New York Intrastate.......................... I II III I I
Genesee-Finger Lakes Intrastate...................... II II III III I
Hudson Valley Intrastate............................. I II III III III
Southern Tier East Intrastate........................ II II III III III
Southern Tier West Intrastate........................ II II III III III
New Jersey-New York-Connecticut Interstate........... I I I I I
----------------------------------------------------------------------------------------------------------------

[37 FR 10882, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]

Sec. 52.1672 Extensions.

[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.

[[Page 614]]

(e) Any special limitation promulgated by the Commissioner under 6
NYCRR section 225.2(b) and (c), any exception issued by the Commissioner
under 6 NYCRR section 225.3, and any permission issued by the
Commissioner under 6 NYCRR section 225.5(c) shall not exempt any person
from the requirements otherwise imposed by 6 NYCRR Part 225; provided
that the Administrator may approve such special limitation, exception or
permission as a plan revision when the provisions of this part, section
110 (a)(3)(A) of the Act, and 40 CFR part 51 (relating to approval of
and revisions to State implementation plans) have been satisfied with
respect to such special limitation, exception or permission.
(f) The following applies to the Environmental Protection Agency's
approval as a SIP revision of the ``special limitation'' promulgated by
the Commissioner of the New York State Department of Environmental
Conservation on November 20, 1979 permitting the purchase and use by the
Consolidated Edison Company of New York, Inc. of fuel oil with a maximum
sulfur content of 1.5 percent, by weight, at units 2 and 3 of its Arthur
Kill generating facility on Staten Island, New York and unit 3 of its
Ravenswood generating station in Queens, New York:
(1) On or before the ``Date of Conversion'' indicated below, each
``Facility'' indicated below shall combust only natural gas for the
duration of the special limitation.

(a) City College of New York, Amsterdam Ave. between W. 135th St.
and W. 138th St., Manhattan--

North Campus Academic Center: Converted North Campus Main Boiler
(Compton Hall): Two boilers shut-down; One boiler converted;
South Campus--Boiler Plant: Converted;
North Campus Science and Physical Education Building: October 1,
1980.

(b) Harlem Hospital, 135th St. and Lenox Ave., Manhattan: April 1,
1981;
(c) Columbia University, 116th St. and Broadway, Manhattan:
Converted;
(d) New York City Housing Auth., Senator Robert F. Wagner Houses,
23-96 First Ave.: October 1, 1980;
(e) New York City Housing Auth., Frederick Douglass Houses, 880
Columbus Ave., Manhattan: October 1, 1980;
(f) New York City Housing Auth., Manhattanville Houses, 549 W. 126th
St., Manhattan: October 1, 1980;
(g) New York City Housing Auth., St. Nicholas Houses, 215 W. 127th
St.: October 1, 1980;
(h) New York City Housing Auth., General Grant Houses, 1320
Amsterdam Ave., Manhattan: October 1, 1980;
(i) New York City Housing Auth., Harlem River Houses, 211-0-1 W.
151st Street, Manhattan: October 1, 1980;
(j) New York City Housing Auth., Martin Luther King Towers, 90 Lenox
Ave., Manhattan: October 1, 1980;
(k) New York City Housing Auth., Drew Hamilton Houses, 210 W. 142nd
Street, Manhattan: October 1, 1980.

(2) If any of the facilities identified in paragraph (g)(1) of this
section, fail to meet the requirements of that paragraph, the
Consolidated Edison Company shall not burn fuel oil with a sulfur
content in excess of 0.30 percent, by weight. For this purpose,
Consolidated Edison shall maintain a reserve supply of fuel oil with a
maximum sulfur content of 0.30 percent, by weight, and shall have a
mechanism to switch promptly to the use of such fuel oil.
(3) EPA's approval of this revision to the New York SIP will extend
for a period of twelve months from [August 11, 1980] or such longer
period limited to twelve months from the date on which fuel oil with a
sulfur content exceeding 0.30 percent, by weight, is first burned at any
of the affected Consolidated Edison facilities. However, once the use of
high sulfur fuel oil has commenced, failure to meet any of the
conversion dates specified in paragraph (g)(1) of this section shall not
extend the period of EPA approval.
(4) On or before July 1, 1981 the Consolidated Edison Company of New
York, Inc. shall displace the use of approximately 7.1 million gallons
of residual oil, as projected on an annual basis, through a gas
conversion program to be implemented within a two-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

[[Page 615]]

is not limited to, the following information regarding this program:
(i) The total gallonage of fuel oil capacity converted (projected to
an annual amount) as of that date,
(ii) The potential gallonage from sources at which conversion work
has begun, and
(iii) The projected gallonage from sources expected to be converted
by July 1, 1981.
(g) The Environmental Protection Agency has approved a New York
State Implementation Plan revision relating to the SO2
emission limit for units 4 and 5 of Orange and Rockland Utilities'
Lovett generating station. The revision which allows Lovett to burn coal
at units 4 and 5 was submitted by the New York State Department of
Environmental Conservation (NYSDEC) on September 18, 1990, with
additional materials submitted on April 12, 1991, and June 3, 1991. This
action sets the emission limit applicable to the facility to 1.0 pound
per million British thermal units (MMBtu) for units 4 and 5 if both are
operated on coal, or to 1.5 lb/MMBtu for one unit if the other is
operated on fuel oil, natural gas or is not operated at all, as set
forth in the Certificates to Operate issued by NYSDEC on April 3, 1991.
The SO2 emission limit, monitoring and recordkeeping
requirements pertaining to the SO2 emissions are incorporated
by reference into the Certificates to Operate.

[37 FR 19815, Sept. 22, 1972, as amended at 38 FR 31296, Nov. 13, 1973;
39 FR 1441, Jan. 9, 1974; 39 FR 9666, Mar. 13, 1974; 39 FR 30038, Aug.
20, 1974; 40 FR 23745, June 2, 1975; 45 FR 53144, Aug. 11, 1980; 50 FR
23007, May 30, 1985; 56 FR 37477, Aug. 7, 1991; 60 FR 33923, June 29,
1995]

Sec. 52.1676 Control strategy: Nitrogen dioxide.

(a) The requirements of Sec. 52.14(c)(3) of this chapter as of May
8, 1974 (39 FR 16347), are not met since the plans do not provide for
the degree of nitrogen oxides emission reduction attainable through the
application of reasonably available control technology in the New York
portion of the New Jersey-New York-Connecticut Interstate Region.
(b) Section 227.5(b) of 6 NYCRR, as submitted on August 10, 1979, is
disapproved because it is inconsistent with 40 CFR Subpart G, Control
strategy: Carbon monoxide, hydrocarbons, ozone, and nitrogen dioxide.

[37 FR 19815, Sept. 22, 1972, as amended at 39 FR 16347, May 8, 1974; 46
FR 55693, Nov. 12, 1981; 51 FR 40675, 40677, Nov. 7, 1986]

Sec. 52.1677 Compliance schedules.

(a) The requirements of Sec. 51.261 of this chapter are not met
since the compliance schedule for Part 220 of Subchapter A, Chapter III,
Title 6 of New York State's Official Compilation of Codes, Rules and
Regulations, does not provide for attainment and maintenance of the
national standards for particulate matter by the dates required by the
Act.
(b) The requirements of Sec. 51.262(a) of this chapter are not met
since sections 223.1(a), 225.3(c), and 230.2(d) of Subchapter A, Chapter
III, Title 6 of New York State's Official Compilation of Codes, Rules
and Regulations do not require the reporting of periodic increments of
progress toward compliance by affected sources or categories of sources.
(c) The requirements of Sec. 51.262(a) of this chapter are not met
since compliance schedules with adequate increments of progress have not
been submitted for every source for which they are required.
(d) Federal compliance schedules. (1) The owner or operator of any
boiler or furnace of more than 250 million Btu per hour heat input
subject to the requirements of section 225.3(c) of Subchapter A, Chapter
III, Title 6 of New York State's official compilation of codes, rules,
and regulations shall notify the Administrator, no later than October 1,
1973, of his intent to utilize 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

[[Page 616]]

paragraph (d)(1) of this section on June 30, 1975, and October 1, 1975,
respectively, and for at least one year thereafter.
(ii) December 31, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
(iii) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(iv) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
(v) June 15, 1974--Initiate onsite modifications, if applicable.
(vi) February 28, 1975--Complete onsite modifications, if
applicable.
(vii) (a) June 30, 1975--Final compliance with the low-sulfur fuel
requirements of section 225.3(c) of Subchapter A, Chapter III, Title 6
of New York State's official compilation of codes, rules, and
regulations.
(b) October 1, 1975--Final compliance with the low-sulfur fuel
requirements of Subchapter A, Chapter III, Title 6 of New York State's
official compilation of codes, rules, and regulations.
(3) Any owner or operator of a stationary source subject to
paragraph (d)(1) of this section who elects to utilize stack gas
desulfurization shall be subject to the following compliance schedule:
(i) November 1, 1973--Let necessary contracts for construction.
(ii) March 31, 1974--Initiate onsite construction.
(iii) February 28, 1975--Complete onsite construction.
(iv) (a) June 30, 1975--Final compliance with the requirements of
section 225.3(c) of Subchapter A, Chapter III, Title 6 of New York
State's official compilation of codes, rules, and regulations.
(b) October 1, 1975--Final compliance with the requirements of
Subchapter A, Title 6 of New York State's official compilation of codes,
rules, and regulations.
(v) If a performance test is necessary for a determination as to
whether compliance with subpart (3)(iv)(a) or (b) has been achieved,
such a test must be completed by June 30, 1975, or October 1, 1975,
respectively. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
(4) The owner or operator of any boiler or furnace of more than 250
million Btu per hour heat input subject to the requirement of section
230.2(d) of Subchapter A, Chapter III, Title 6 of the New York State's
official compilation of codes, rules, and regulations shall notify the
Administrator no later than October 1, 1973, of his intent to utilize
either low-sulfur fuel or stack gas desulfurization to meet the
requirements of said regulation.
(5) Any owner or operator of a stationary source subject to
paragraph (d)(4) of this section who elects low-sulfur fuel shall be
subject to the following compliance schedule:
(i) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with section 230.2(d) of the codes, rules, and
regulations cited in paragraph (4) of this paragraph (d) on October 1,
1974, and for at least one year thereafter.
(ii) December 31, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
(iii) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(iv) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
(v) June 15, 1974--Initiate onsite modifications, if applicable.
(vi) September 3, 1974--Complete onsite modifications, if
applicable.
(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.

[[Page 617]]

(ii) December 31, 1973--Initiate onsite construction.
(iii) September 1, 1974--Complete onsite construction.
(iv) October 1, 1974--Final compliance with the requirements of
section 230.2(d) of Subchapter A, Chapter III, Title 6 of New York
State's official compilation of codes, rules, and regulations.
(v) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
October 1, 1974. Ten days prior to such a test, notice must be given to
the Administrator to afford him the opportunity to have an observer
present.
(7) The owner or operator of any petroleum refinery subject to the
requirements of section 223.1(a) of Subchapter A, Chapter III, Title 6
of New York State's official compilation of codes, rules, and
regulations shall comply with the compliance schedule in paragraph
(d)(8) of this section.
(8) Any owner or operator of a petroleum refinery subject to
paragraph (d)(7) of this section shall be subject to the following
compliance schedule:
(i) November 1, 1973--Submit final control plan to the
Administrator.
(ii) February 28, 1974--Let necessary contracts for construction or
installation of emission control equipment.
(iii) June 30, 1974--Initiate onsite construction or installation of
emission control equipment.
(iv) November 30, 1974--Complete onsite construction or installation
of emission control equipment.
(v) December 31, 1974--Final compliance with the requirements of
section 223.1(a) of Subchapter A, Chapter III, Title 6 of New York
State's official compilation of codes, rules, and regulations.
(9) The owner or operator of any coke oven battery subject to the
requirements of Part 214, sections 214.2 and 214.4, of Subchapter A,
Chapter III, Title 6 of the New York State's official compilation of
codes, rules, and regulations for a facility with an environmental
rating B as determined by Part 212 of Subchapter A, Chapter III, Title 6
of the New York State official compilation of codes, rules, and
regulations, shall comply with the compliance schedule in paragraph
(d)(10) of this section.
(10) Any owner or operator of a coke oven battery subject to
paragraph (d)(9) of this section shall be subject to the following
compliance schedule:
(i) November 1, 1973--Submit final control plan to the
Administrator.
(ii) February 1, 1974--Let necessary contract for construction or
installation of control equipment.
(iii) April 15, 1974--Initiate onsite construction or installation
of control equipment.
(iv) November 30, 1974--Complete onsite construction or installation
of control equipment.
(v) December 31, 1974--Final compliance with the requirements of
Part 214, sections 214.2 and 214.4, of the Subchapter A, Chapter III,
Title 6 of the New York State's official compilation of codes, rules,
and regulations.
(11) Any owner or operator subject to a compliance schedule above
shall certify to the Administrator, within five days after the deadline
for each increment of progress in that schedule, whether or not the
increment has been met.
(12) (i) None of the above paragraphs shall apply to a source which
is presently in compliance with applicable regulations and which has
certified such compliance to the Administrator by October 1, 1973. The
Administrator may request whatever supporting information he considers
necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
(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.

[[Page 618]]

(13) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraphs (d)(2), (3), (5), (6), (8), and
(10) of this section fails to satisfy the requirements of Sec. 51.15
(b) and (c) of this chapter.

[37 FR 19815, Sept. 22, 1972]

Editorial Note: For Federal Register citations affecting Sec.
52.1677, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Sec. 52.1678 Control strategy and regulations: Particulate matter.

(a)-(c) [Reserved]
(d) Section 227.3(a)(2) of 6 NYCRR, as submitted on August 10, 1979,
is disapproved because it is inconsistent with 40 CFR Subpart G, Control
strategy: Sulfur oxides and particulate matter.
(e) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably control available measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.
(f) Determination of Attainment. EPA has determined, as of December
31, 2012, that the New York-N. New Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has attained the 2006
PM2.5 National Ambient Air Quality Standard. This
determination suspends the requirements for this area to submit an
attainment demonstration, associated reasonably control available
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
the area continues to attain the 2006 PM2.5 NAAQS.
(g) Determination of Attainment. EPA has determined, as of December
2 2013, that the New York County fine particle (PM10)
nonattainment area has attained the PM10 National Ambient Air
Quality Standard. This determination suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, reasonable further progress plans, and
contingency measures for as long as the area continues to attain the
PM10 NAAQS.
(h) Approval--The maintenance plan submitted on June 27, 2013, and
supplemented on September 18, 2013 and February 27, 2014, for the 1997
PM2.5 National Ambient Air Quality Standard and the 2006
PM2.5 National Ambient Air Quality Standard for the New York
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT,
PM2.5 nonattainment area has been approved.
(1) The maintenance plan establishes 2009 motor vehicle emission
budget for the New York portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT, PM2.5 nonattainment area. The budget is
allocated as follows: 5,516.75 tons per year for PM2.5 and
106,020.09 tons per year for NOX.
(2) The maintenance plan establishes 2017 motor vehicle emission
budget for 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

[[Page 619]]

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]

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.

[[Page 620]]

(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) Manufacture of Vegetable Oils.
(3) Application of Agricultural Pesticides.
(c)-(e) [Reserved]
(f) Attainment Determination. (1) EPA is determining that the 1-hour
ozone nonattainment areas in New York listed below have attained the 1-
hour ozone standard on the date listed and that the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) (contingency measures) of
the Clean Air Act do not apply to these areas.
(i) Albany-Schenectady-Troy (consisting of Albany, Greene,
Montgomery, Rensselaer, Saratoga, and Schenectady Counties) as of
January 6, 2010.
(ii) Buffalo-Niagara Falls (consisting of Erie and Niagara Counties)
as of January 6, 2010.
(iii) Essex County as of January 6, 2010.
(iv) Jefferson County, as of January 6, 2010.
(v) Poughkeepsie (consisting of Dutchess, and Putnam Counties and
northern Orange County) as of January 6, 2010.
(2) EPA is determining that the 8-hour ozone nonattainment areas in
New York listed below have attained the 8-hour ozone standard on the
date listed. Under the provisions of EPA's ozone implementation rule
(see 40 CFR 51.918), this determination suspends the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) of the Clean Air Act for
each of these areas as long as the area does not monitor any violations
of the 8-hour ozone standard. If a violation of the ozone NAAQS is
monitored this determination shall no longer apply in the area where the
violation occurs.
(i) Albany-Schenectady-Troy (consisting of Albany, Greene,
Montgomery, Rensselaer, Saratoga, Schenectady, and Schoharie Counties)
as of March 25, 2008.
(ii) Jefferson County, as of March 25, 2008.
(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

[[Page 621]]

Counties) as of June 15, 2010 and data showing the area continued to
attain through 2011.
(g) EPA approves as a revision to the New York State Implementation
Plan, the Stage II gasoline vapor recovery comparability plan for
upstate portions of New York State submitted by the New York State
Department of Environmental Conservation on April 18, 2000.
(h)(1) The 1990 base year emission inventory as revised on February
2, 1999 (Volatile organic compounds (VOC), Nitrogen oxides
(NOX) and Carbon monoxide (CO) for areas designated
nonattainment for ozone since 1991 in New York) is approved.
(2) The 1996 and 1999 ozone projection year emission inventories
included in New York's February 2, 1999 State Implementation Plan
revision for the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area are approved.
(3) [Reserved]
(4) The photochemical assessment monitoring stations network
included in New York's February 2, 1999 State Implementation Plan
revision is approved.
(5) The demonstration that emissions from growth in vehicle miles
traveled will not increase total motor vehicle emissions and, therefore,
offsetting measures are not necessary, which was included in New York's
February 2, 1999 State Implementation Plan revision for the New York
portion of the New York-Northern New Jersey-Long Island nonattainment
area is approved.
(6) The enforceable commitments to: participate in the consultative
process to address regional transport; adopt additional control measures
as necessary to attain the ozone standard, meeting rate of progress
requirements, and eliminating significant contribution to nonattainment
downwind; identify any reductions that are needed from upwind areas for
the area to meet the ozone standard, included in New York's February 2,
1999 State Implementation Plan revision for the New York portion of the
New York-Northern New Jersey-Long Island nonattainment area are
approved.
(7) The 15 Percent Rate of Progress Plan and the 9 Percent
Reasonable Further Progress Plan included in the New York's February 2,
1999 State Implementation Plan revision for the New York portion of the
New York-Northern New Jersey-Long Island nonattainment area are
approved.
(i)(1) The 2002, 2005 and 2007 ozone projection year emission
inventories included in New York's November 27, 1998 State
Implementation Plan revision for the New York portion of the New York-
Northern New Jersey-Long Island nonattainment area are approved.
(2) The Reasonable Further Progress Plans for milestone years 2002,
2005 and 2007 included in the New York's November 27, 1998 State
Implementation Plan revision for the New York portion of the New York-
Northern New Jersey-Long Island nonattainment area are approved.
(3) The contingency measures included in the New York's November 27,
1998 State Implementation Plan revision for the New York portion of the
New York-Northern New Jersey-Long Island nonattainment area necessary to
fulfill the RFP and attainment requirement of section 172(c)(9) of the
CAA are approved.
(4) [Reserved]
(5) The Reasonably Available Control Measure Analysis for the New
York portion of the New York-Northern New Jersey-Long Island
nonattainment area included in New York's October 1, 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:

[[Page 622]]

(i) Adopt additional control measures by October 31, 2001, to meet
that level of reductions identified by EPA for attainment of the 1-hour
ozone standard.
(ii) Work through the Ozone Transport Commission (OTC) to develop a
regional strategy regarding the measures necessary to meet the
additional reductions identified by EPA.
(iii) Adopt and submit by October 31, 2001 intrastate measures for
the emission reductions (Backstop) in the event the OTC process does not
recommend measures that produce emission reductions.
(iv) Submit revised State Implementation Plan and motor vehicle
emissions budget by October 31, 2001 if additional adopted measures
affect the motor vehicle emissions inventory.
(j)(1) The 1990 and 2007 conformity emission budgets for the New
York portion of the New York-Northern New Jersey-Long Island
nonattainment area contained in New York's January 29, 2003 SIP
revision, amended by New York's June 29, 2003 submittal and January 18,
2005 comment letter.
(2) The revised commitment to perform a mid-course review and submit
the results by December 31, 2004 included in the January 29, 2003 SIP
revision is approved.
(k)(1) The September 1, 2006 New York reasonably available control
technology (RACT) analysis plan submittal, supplemented on February 8,
2008 and September 16, 2008, which applies to the entire State and to
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT and the Poughkeepsie 8-hour ozone moderate nonattainment areas
is conditionally approved.
(2) The moderate area reasonably available control measure (RACM)
analysis for the New York portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT 8-hour ozone moderate nonattainment area as
presented in the February 8, 2008 ``New York SIP for Ozone--Attainment
Demonstration for New York Metro Area'' submittal is conditionally
approved.
(l)(1) The following State Implementation Plan (SIP) elements are
approved: The 2002 base year emissions inventory, the 2008 projection
year emissions inventories, the 2008 motor vehicle emissions budgets
used for planning purposes, the 2008 ozone reasonable further progress
(RFP) plan, and the 2008 RFP Plan contingency measures as they apply to
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT 8-hour ozone moderate nonattainment area. These elements are
included in the package entitled ``New York SIP for Ozone-Attainment
Demonstration for New York Metro Area,'' dated February 8, 2008 and
supplemented on December 28, 2009 and January 26, 2011.
(2) The following SIP elements are approved: The 2002 base year
emissions inventory for the Poughkeepsie 8-hour ozone moderate
nonattainment area and the state-wide 2002 base year emissions
inventory. These elements are included in a package entitled, ``New York
SIP for Ozone-Attainment Demonstration for Poughkeepsie, NY Area,''
dated February 8, 2008 and supplemented on December 28, 2009 and January
26, 2011.
(m)(1) The 1997 8-hour ozone attainment demonstration for the New
York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area included in New York's February 8, 2008 State
Implementation Plan revision is approved and satisfies the requirements
of section 182(c)(2)(A) of the Clean Air Act.
(2) The 1997 8-hour ozone attainment demonstration for the
Poughkeepsie 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

[[Page 623]]

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.
(p)(1) The December 22, 2014 New York reasonably available control
technology (RACT) analysis plan, as supplemented on September 6, 2017,
submitted pursuant to the 2008 8-hour ozone national ambient air quality
standard (NAAQS), which applies to the entire State, including the New
York portion of the New York-Northern New Jersey-Long Island (NY-NJ-CT)
and the Jamestown 8-hour ozone marginal nonattainment areas, is
conditionally approved as it applies to the Clean Air Act control
techniques guidelines (CTG) requirements for major sources of volatile
organic compounds (VOC).
(2) The remainder of New York's December 22, 2014 RACT analysis
plan, pursuant to the 2008 8-hour ozone NAAQS as applied to the entire
State, including the New York portion of the NY-NJ-CT and the Jamestown
8-hour ozone marginal nonattainment areas, and as it applies to non-CTG
major sources of VOCs and to major sources of oxides of nitrogen
(NOX), is approved.
(3) The December 22, 2014 New York plan submittal providing a
nonattainment new source review (NNSR) certification as sufficient for
purposes of the state-wide 2008 8-hour ozone NAAQS, including the New
York portion of the NY-NJ-CT and the Jamestown 8-hour ozone
nonattainment areas, is approved.

[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 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

[[Page 624]]

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 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

[[Page 625]]

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. Sec. 52.1686-52.1688 [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

[[Page 626]]

11, 1973, by the New York State Department of Environmental
Conservation.
(18) Revisions to Parts 200 and 201 of New York's Codes, Rules and
Regulations submitted on August 15, 1973, by the New York State
Department of Environmental Conservation.
(19) Revision to sulfur oxides control strategy for New Jersey-New
York-Connecticut AQCR submitted on October 26, 1973, by the New York
State Department of Environmental Conservation.
(20) Revision to sulfur oxides control strategy for New Jersey-New
York-Connecticut AQCR submitted on November 27, 1973, by the Governor.
(21) Revision to Part 205 of New York's Code, Rules and Regulations
submitted on February 17, 1974, by the New York State Department of
Environmental Protection.
(22) Revisions to Transportation Control Plan for the Genesee-
Fingerlakes AQCR submitted on April 8, 1974, by the New York State
Department of Environmental Conservation.
(23) AQMA designations were submitted on April 29, 1974, by the New
York State Department of Environmental Conservation.
(24) Revised Part 225 (Fuel Composition and Use) was submitted on
August 29, 1974, by the Commissioner of the New York State Department of
Environmental Conservation.
(25) Additional information on Part 225 revision was submitted on
October 11, 1974, by the New York State Department of Environmental
Conservation.
(26) Additional information on Part 225 revision was submitted on
December 6, 1974, by the New York State Department of Environmental
Conservation.
(27) Part 203 (Indirect Sources of Air Contamination) was submitted
on January 27, 1975, by the New York State Department of Environmental
Conservation.
(28) Additional information on Part 225 revision was submitted on
February 25, 1975, by the New York State Department of Environmental
Conservation.
(29) Additional information on Part 203 was submitted on May 8,
1975, by the New York State Department of Environmental Conservation.
(30) Revisions submitted on March 16, 1976 by the New York State
Department of Environmental Conservation based on special limitations
issued pursuant to Sec. 225.2(c) covering three power plants.
(31) Additional information on special limitations issued pursuant
to Sec. 225.2(c) submitted on March 22, 1976, by the New York State
Department of Environmental Conservation.
(32) Revision to Part 225 submitted on September 20, 1976 and
November 5, 1976 by the New York State Department of Environmental
Conservation which accomplishes the following:
(i) Upon demonstration by a source owner that the use of the higher
sulfur coal will not contribute to the contravention of ambient air
quality standards, coal burning sources of greater than 100 million Btu
per hour heat capacity may be approved for a special limitation under
Sec. 225.2. The previous heat capacity cutoff for requiring a source-
generated demonstration was 250 million Btu per hour.
(ii) The formula contained in Sec. 225.5(a), which determines
sulfur dioxide emissions from the burning of fuel mixtures, is modified
to include gaseous fuels. Process gases are also included in the formula
by the deletion of Sec. 225.5(a)(2), which precluded such inclusion.
(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

[[Page 627]]

Part 225. These ``special limitations'' relax, until December 31, 1979,
the sulfur-in-fuel-oil limitation to 2.8 percent, by weight, for air
pollution sources which do not have a total heat input in excess of 250
million Btu per hour in parts of the Southern Tier East, Central New
York and Champlain Valley AQCRs.
(35) Revision submitted on February 14, 1977, by the New York State
Department of Environmental Conservation consisting of Section
19.0305(2)(a) of New York State's Environmental Conservation Law (ECL),
as amended by Chapter 760, McKinney's 1975 Session Laws of New York, and
an opinion, dated January 27, 1977, by the Honorable Louis J. Lefkowitz,
Attorney General of the State of New York, interpreting the amended ECL
Section 19-0305(2)(a) and Part 200.2 of Title 6 of the New York State
Official Compilation of Codes, Rules, and Regulations (6 NYCRR 200.2).
This revision provides for adequate State legal authority to ensure for
public availability of air pollutant emission data as required under 40
CFR 51.10(e) and Sec. 51.11(a)(6).
(36) Revision to the New York City Metropolitan Area Transportation
Control Plan eliminating tolls on bridges entirely within the City
(Strategy B-7) is made upon application submitted by the Governor on
October 19, 1977, pursuant to section 110(c)(5) of the Clean Air Act, as
amended.
(37) Revision submitted on August 24, 1977, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. This ``special limitation'' relaxes, until
May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by
weight, for Units 1 through 5 of the Niagara Mohawk Power Corp.'s Oswego
facility in Oswego, N.Y.
(38) Revision submitted on September 22, 1977, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. This ``special limitation'' relaxes, until
October 31, 1980, the sulfur-in-coal limitation to 2.8 pounds of sulfur
per million Btu, gross heat content, at the Rochester Gas and Electric
Corp.'s Beebee generating station, Unit 12, in Rochester, N.Y.
(39) Revision submitted on May 6, 1977, and August 1, 1977, by the
New York State Department of Environmental Conservation which grants a
``special limitation'' under part 225. Only the part of this ``special
limitation'' which relaxes, until July 31, 1980, the sulfur-in-fuel-oil
limitation to 1 percent sulfur, by weight, at the village of Freeport
plant No. 2 generating facility, units 1 and 2, located in Nassau
County, N.Y., is approved.
(40) A document entitled, ``New York State Air Quality
Implementation Plan--Syracuse Area,'' submitted on March 19, 1979, by
the New York State Department of Environmental Conservation.
(41) A document entitled, ``New York State Air Quality
Implementation Plan--Southern Tier (Binghamton, Elmira-Corning,
Jamestown),'' submitted on April 5, 1979, by the New York State
Department of Environmental Conservation, only insofar as it deals with
attainment of the national ambient air quality standards for particulate
matter.
(42) A document entitled, ``New York State Air Quality
Implementation Plan--Rochester Area,'' submitted on April 5, 1979, by
the New York State Department of Environmental Conservation.
(43) A document entitled, ``New York State Air Quality
Implementation 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

[[Page 628]]

the City of Syracuse and Village of Solvay, demonstration of control
strategy adequacy for the area addressed by the Capital District and
Town of Catskill plan revision document, compliance schedules for two
facilities in the Hudson Valley Air Quality Control Region, and
development of a local government consultation program in Jamestown, New
York.
(ii) May 31, 1979, dealing with adoption of proposed regulations,
hydrocarbon emission inventory improvements, schedule for development of
transportation planning process improvements, and compliance schedules
for two facilities in the Hudson Valley Air Quality Control Region.
(iii) June 12, 1979, providing a final draft of the proposed
regulations, information on the compliance schedule for a facility in
the Hudson Valley Air Quality Control Region, and general information on
development of compliance schedules. The proposed regulations to be
incorporated in Title 6 of the New York Code of Rules and Regulations
are as follows:
(A) Part 200, General Provisions (revision);
(B) Part 211, General Prohibitions (revision);
(C) Part 212, Process and Exhaust and/or Ventilation Systems
(revision);
(D) Part 223, Petroleum Refineries (revision);
(E) Part 226, Solvent Metal Cleaning Processes (new);
(F) Part 228, Surface Coating Processes (new);
(G) Part 229, Gasoline Storage and Transfer (new); and
(H) Part 231, Major Facilities.
(iv) June 18, 1979, dealing with new source review provisions,
general information on development of compliance schedules, and adoption
of proposed regulations.
(v) August 10, 1979, providing a comprehensive set of adopted
regulations.
(vi) September 26, 1979, providing additional information regarding
the EPA notice of proposed rulemaking (44 FR 44556, July 30, 1979) which
deals with the adoption of regulations for control of volatile organic
compound sources for source categories addressed by Control Technology
Guideline documents issued subsequent to December 1977, regulatory
revisions to 6 NYCRR Parts 211 and 229, the transportation planning
process, emissions inventory improvements, new source review procedures,
public participation and local government consultation programs, and
adoption of regulations.
(vii) October 1, 1979, dealing with new source review procedures.
(viii) November 13, 1979, providing a ``declaratory ruling''
regarding interpretation of the provisions of 6 NYCRR Part 231 in
implementing the new source review program.
(ix) November 14, 1979, providing supplemental documentation on the
administrative process of revising regulations.
(x) February 20, 1980, dealing with public hearings to revise Parts
229 and 231 of 6 NYCRR consistent with corrective action indicated by
EPA.
(45) Revision submitted on October 24, 1979, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. This ``special limitation'' relaxes, until
(three years from the date of publication), the sulfur in fuel oil
limitation to 1.0 percent, by weight, for the Long Island Lighting
Company's Glenwood Generating Station (Units 4 and 5), and 1.54 percent,
by weight, for its E. F. Barrett Generating Station (Units 1 and 2).
(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.

[[Page 629]]

(48) Supplementary submittals of information from the New York State
Department of Environmental Conservation regarding the New Jersey-New
York-Connecticut Air Quality Control Region SIP revisions, dated:
(i) June 26, 1979, dealing with control of storage tanks at gasoline
stations in Nassau, Rockland, Suffolk, and Westchester Counties.
(ii) July 30, 1979, dealing with new source review provisions for
major sources of volatile organic compounds.
(iii) August 20, 1979, providing a commitment to meet ``annual
reporting requirements.''
(iv) January 11, 1980, dealing with changes to the State's schedule
for implementing a light duty vehicle inspection and maintenance
program.
(v) March 12, 1980, providing a memorandum of understanding among
the New York State Department of Environmental Conservation, New York
State Department of Transportation, and the Tri-State Regional Planning
Commission.
(49) Supplementary submittals of information from the Governor's
Office regarding the New Jersey-New York-Connecticut Air Quality Control
Region SIP revision, dated:
(i) August 6, 1979, dealing with the status of efforts to develop
necessary legislation for implementing a light duty vehicle inspection
and maintenance program.
(ii) November 5, 1979, providing the State's legal authority and a
schedule for implementing a light duty vehicle inspection and
maintenance program.
(iii) February 6, 1980, committing to providing additional
information on systematic studies of transportation measures, committing
to clarification of SIP commitments, and providing additional
information on the State's light duty vehicle inspection and maintenance
program.
(50) Supplementary information, submitted by the New York State
Department of Transportation on October 17, 1979, providing
clarification to ``reasonably available control measures'' commitments
contained in the New Jersey-New York-Connecticut Air Quality Control
Region SIP revision.
(51) Revision submitted on January 29, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under 6 NYCRR Part 225. This ``special limitation''
relaxes, until [three years from the date of publication], the sulfur-
in-fuel-oil limitation to 0.60 percent, by weight, for Orange and
Rockland Utilities', Inc. Bowline Point Generating Station, units 1 and
2, Haverstraw, New York.
(52) Revisions to Parts 229 and 231 of Title 6, New York Code of
Rules and Regulations, submitted on May 1, 1980, by the New York State
Department of Environmental Conservation.
(53) Revision submitted on November 29, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under 6 NYCRR Part 225. This ``special limitation''
relaxes, until one year from [the date of publication], the sulfur-in-
fuel-oil limitation to 1.5 percent, by weight, for the Consolidated
Edison Company of New York, Inc. Arthur Kill generating facility, units
2 and 3, Staten Island, New York and Ravenswood generating facility,
unit 3, Queens, New York.
(54) A document entitled, ``New York State Air Quality
Implementation Plan--Niagara Frontier, Erie and Niagara Counties,''
submitted on May 31, 1979, by the New York State Department of
Environmental Conservation. 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

[[Page 630]]

million BTU per hour and which are located in:
(i) The Southern Tier East Air Quality Control Region (AQCR), with
the exception of all sources in Broome County;
(ii) The Central New York AQCR, with the exception of the Oswego
Facilities Trust Company in Oswego County and all sources in Onondaga
County;
(iii) The Champlain Valley (Northern) AQCR, with the exception of
all sources in the City of Glens Falls and sources in the Town of
Queensbury which have a total heat input greater than 100 million BTU
per hour.
(57) A supplemental submittal, dated July 2, 1980, from the New York
State Department of Environmental Conservation which included criteria
and procedures for making assessments of the consistency and conformity
of the outputs of the transportation planning process with the SIP.
(58) Revision submitted on September 17, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under 6 NYCRR Part 225. This ``special limitation'' relaxes
to 2.8 percent, by weight, until three years from March 19, 1981, the
sulfur-in-fuel oil limitation applicable to unit 5 of Niagara Mohawk
Power Corporation's Oswego generating facility, located in Oswego
County.
(59) Supplemental information to ``New York State Air Quality
Implementation Plan--Statewide Summary and Program,'' June 1979,
submitted on December 18, 1980, by the New York State Department of
Environmental Conservation dealing with provisions which commit the
State to meet the subpart C requirements of 40 CFR part 58 pertaining to
State and Local Air Monitoring Stations (SLAMS) including the air
quality assurance requirements of Appendix A, the monitoring
methodologies of Appendix C, the network design criteria of Appendix D
and the probe siting criteria of Appendix E.
(60) A supplemental submittal, dated July 28, 1980, from the New
York State Department of Environmental Conservation which includes:

--Key milestones associated with projects relating to transportation
control measures which are part of the SIP;
--An improved program of study for the broader application of
certain transportation control measures, and supplemental information on
existing studies;
--Additional documentation necessary to determine the reasonableness
of the measure, ``Controls on Extended Vehicle Idling;''
--Criteria and procedures for making changes to transportation
projects contained in the SIP;
--Criteria and procedures for making changes to transportation
studies contained in the SIP; and
--The identification of the resources necessary to carry out the
transportation planning process and certain transportation elements of
the SIP.

(61) A supplemental submittal entitled ``New York State Air Quality
Implementation Plan, the Moynihan/Holtzman Amendment Submission: Transit
Improvements in the New York City Metropolitan Area, May 1979,''
submitted on May 24, 1979, by the New York State Department of
Environmental Conservation.
(62) [Reserved]
(63) Revision submitted on April 29, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' establishing, until three years from September 24, 1981, a
sulfur-in-fuel-oil limitation of 2.8 percent, by weight, for the Long
Island Lighting Company's Northport generating facility, units 1, 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

[[Page 631]]

to the General Electric Company's Rotterdam Steam Generating Facility
located in Schenectady, New York.
(66) Revision submitted on July 9, 1982, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' allowing the New York State Office of Mental Health's Kings
Park Psychiatric Facility to burn coal with a maximum sulfur content of
2.2 pounds of sulfur per million Btu gross heat content, for up to three
years from August 11, 1982.
(67) A March 23, 1981, letter from the New York State Department of
Environmental Conservation including an interim policy memorandum
detailing procedures to be used by the State to determine compliance
with the State's emission standard for coke oven gas.
(68) Regulatory information submitted by New York State Department
of Environmental Conservation for controlling volatile organic
compounds, dated:
(i) July 2, 1981, providing a comprehensive set of adopted
regulations.
(ii) August 19, 1981, Consent Order, 81-36, 9-04.20, with Dunlop
Tire and Rubber Corporation for control of volatile organic compounds.
(A) Amendment of Consent Order dated January 29, 1982.
(B) Amendment of Consent Order dated March 3, 1982.
(iii) July 25, 1983, providing final regulations to be incorporated
into Title 6 of the New York Code of Rules and Regulations.
(iv) November 13, 1981, letter from Harry Hovey, Director of Air
Division, New York State Department of Environmental Conservation
concerning applicability of regulations in redesignated AQCR's.
(v) April 27, 1983, letter from Harry Hovey, Director of Air
Division, New York State Department of Environmental Conservation
concerning maximum operating heat input.
(69) State Implementation Plan revision dated February 15, 1984,
from the Department of Environmental Conservation consisting of changes
to New York State Department of Motor Vehicles monitoring and
enforcement procedures for motor vehicle emission inspection stations.
(70) A State Implementation Plan for attainment of the lead (Pb)
standards was submitted on September 21, 1983. Additional information
was submitted in a letter dated February 16, 1984. These submittals
included the following:
(i) Revision to Part 225 of Title 6, Official Compilation of Codes,
Rules and Regulations of the State of New York.
(ii) Revision to Part 231 of Title 6, Official Compilation of Rules
and Regulations of the State of New York.
(iii) Air Guide-14, ``Process Sources Which Emit Lead or Lead
Compounds.''
(iv) Air Guide-17, ``Trade and Use of Waste Fuel for Energy Recovery
Purposes.''
(71) Revision submitted on August 21, 1984, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' establishing, until September 24, 1986, from December 20,
1984, a maximum sulfur-in-fuel-oil limitation of 2.8 percent, by weight,
and from September 25, 1986 until December 31, 1987, a sulfur-in-fuel-
oil limitation of 2.0 percent, by weight, for the Long Island Lighting
Company's Northport generating facility, units 1, 2 and 3, and the Port
Jefferson generating facility, units 3 and 4.
(72) Revisions to the New York State Implementation Plan for
attainment and maintenance of the ozone and carbon monoxide standards in
the New York City metropolitan area submitted 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

[[Page 632]]

and 5 if both are operated on coal, or to 1.5 lb/MMBtu for one unit if
the other is operated on fuel oil, natural gas, or is not operated. A
letter dated September 5, 1984, from Orange and Rockland Utilities,
Inc., committing to meet the terms and conditions of EPA's August 30,
1984, letter.
(74) Regulatory information submitted by New York State Department
of Environmental Conservation for controlling various pollutants and
establishing continuous emission monitoring requirements for sulfuric
and nitric acid plants, dated December 27, 1984, providing adopted
revisions to regulations Parts 201, 212, 223 and 224.
(75) A revision to the New York State Implementation Plan for
attainment and maintenance of the ozone standards was submitted on
January 2, 1986, by the New York State Department of Environmental
Conservation.
(i) Incorporation by reference.
(A) Part 217, ``Emissions from Motor Vehicles Propelled by Gasoline
Engines,'' effective January 29, 1986.
(76) [Reserved]
(77) Revisions to the State Implementation Plan submitted by New
York State Department of Environmental Conservation for controlling
volatile organic compounds.
(i) Incorporation by reference. Adopted regulations Parts 200, 229,
and 230, submitted on March 15, 1985.
(ii) Additional material.
(A) Letters dated December 31, 1984, and March 15, 1985, concerning
SIP commitments for ``Reevaluation of RACT,'' and ``Controls at Major
Facilities,'' respectively.
(B) Letters dated November 2, 1984, and April 3, 1987, concerning
the manufacture of high-density polyethylene, polypropylene, and
polystrene resins.
(78) A revision to the New York State Implementation Plan was
submitted on November 6, 1987, and February 17, 1988, by the New York
State Department of Environmental Conservation.
(i) Incorporation by reference.
(A) Operating Permit number A551800097900017 for Polychrome
Corporation effective January 29, 1988, submitted by the New York State
Department of Environmental Conservation.
(ii) Additional material.
(79) Revisions to the New York State Implementation Plan (SIP) for
ozone submitted on January 31, 1989, and March 13, 1989, by the New York
State Department of Environmental Conservation (NYSDEC) for its state
gasoline volatility control program, including any waivers under the
program that New York may grant. In 1989, the control period will begin
on June 30.
(i) Incorporation by reference. Subpart 225-3 of Title 6 of the
Official Compilation of Codes, Rules and Regulations of the State of New
York entitled ``Fuel Composition and Use--Volatile Motor Fuels,''
adopted on December 5, 1988, and effective on January 4, 1989.
(ii) Additional material. April 27, 1989, letter from Thomas
Jorling, NYSDEC, to William Muszynski, EPA Region II.
(80) Revisions to the New York State Implementation Plan (SIP) for
ozone submitted on July 9, 1987, and April 8, 1988, by the New York
State Department of Environmental Conservation (NYSDEC).
(i) Incorporation by reference. Amendments to part 230, title 6 of
the New York Code of Rules and Regulations entitled ``Gasoline
Dispensing Sites and Transport Vehicles,'' adopted on March 2, 1988.
(ii) Additional material.
(A) Explanation of Stage II Applicability Cut-offs, prepared by the
NYSDEC, dated June 20, 1986.
(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,''

[[Page 633]]

adopted on April 23, 1984, and effective on May 23, 1984.
(C) Consent Order No. 84-135, dated October 29, 1984, between NYSDEC
and the Bethlehem Steel Corporation.
(D) Consent Order No. 84-131, dated October 18, 1984, between NYSDEC
and the Bethlehem Steel Corporation.
(E) May 24, 1985, letter from Peter J. Burke, NYSDEC, to W.T.
Birmingham, Bethlehem Steel Corporation, revising Consent Order No. 84-
131.
(F) Test procedures for particulate matter source emissions testing
at Bethenergy's Lackawanna Coke Oven Batteries 7, 8, and 9, prepared by
SENES Consultants Limited, dated January 14, 1988.
(ii) Additional material.
(A) January 5, 1987, letter from Harry H. Hovey, Jr., NYSDEC, to
Raymond Werner, EPA, providing an attainment and maintenance
demonstration for TSP in the South Buffalo-Lackawanna area and
requesting its inclusion as part of the TSP SIP for the Niagara
Frontier.
(B) August 21, 1987, letter from Edward Davis, NYSDEC, to William S.
Baker, EPA, responding to July 27, 1987, letter from EPA requesting
additional information needed for the review of Niagara Frontier TSP SIP
request.
(C) June 20, 1988, letter from Edward Davis, NYSDEC, to William S.
Baker, EPA, responding to May 19, 1988, letter from EPA requesting
additional information on test procedures for Bethenergy's Lackawanna
Coke Oven Batteries.
(83) A revision submitted on September 18, 1990, with additional
materials submitted on April 12, 1991, and June 3, 1991, by the New York
State Department of Environmental Conservation that revises the
SO2 emission limit for units 4 and 5 of Orange and Rockland
Utilities' Lovett Generating Station.
(i) Incorporation by reference. Sulfur dioxide emission limits
incorporated into the Certificates to Operate units 4 and 5 of the
Orange and Rockland Utilities' (ORU) Lovett Generating Station issued
April 3, 1991, and the materials which pertain to the SO2
emission limits, monitoring and recordkeeping which are incorporated by
reference into the Certificates to Operate for units 4 & 5. This
includes the following:
(A) The special conditions attached to certificates;
(B) April 13, 1982, Decision of the Commissioner; and
(C) October 14, 1982, Amended Commissioner's Order.
(ii) Additional materials.
(A) Lovett Generating Station Model Evaluation Study, May 1989,
(B) Lovett Generating Station Emission Limitation Study, May 1989,
(C) Review of Orange and Rockland Model Evaluation Study and
Emission Limitation Study for Lovett Facility for Units 4 & 5, January
27, 1990, and
(D) Lovett Generating Station Air Quality and Meteorological
Monitoring Network Quarterly Reports.
(84) A revision to the New York State Implementation Plan (SIP) for
attainment and maintenance of the ozone standard dated January 8, 1992,
submitted by the New York State Department of Environmental
Conservation.
(i) Incorporation by reference.
(A) Amendments to Part 200 of Title 6 of the Official Compilation of
Codes, Rules, and Regulations of the State of New York, entitled
``General Provisions'' adopted on December 3, 1991, and effective
January 16, 1992.
(B) New Part 236 of Title 6 of the Official Compilation of Codes,
Rules, and Regulations of the State of New York, entitled ``Synthetic
Organic Chemical Manufacturing Facility Component 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,

[[Page 634]]

1988, and Part 234 ``Graphic Arts,'' effective September 15, 1988
(ii) Additional material.
(A) May 2, 1989 letter from Thomas C. Jorling, NYSDEC, to Conrad
Simon, EPA, requesting EPA substitute controls in Parts 228 and 234 for
controls committed to be included in Part 212, Processes & Exhaust and/
or Ventilation Systems.
(86) Revision to the state implementation plan for Onondaga County
was submitted by the Governor on November 13, 1992. Revisions include a
maintenance plan which demonstrates continued attainment of the NAAQS
for carbon monoxide through the year 2003.
(i) Incorporation by reference.
(A) Maintenance Plan--Chapter 8 of New York State Implementation
Plan Redesignation Request for Onondaga County as Attainment for Carbon
Monoxide, November 1992.
(ii) Additional information.
(A) New York State Implementation Plan--Redesignation Request for
Onondaga County as Attainment for Carbon Monoxide, November 1992.
(B) January 12, 1993, letter from Thomas M. Allen, NYSDEC to Conrad
Simon, EPA, providing the results of the public hearing on the State's
proposal.
(C) January 12, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad
Simon, EPA, providing documentation of emission inventory submitted on
November 13, 1992.
(D) June 18, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad
Simon, EPA, correcting submitted material.
(87) A revision to the New York State Implementation Plan (SIP) for
attainment and maintenance of the ozone standard dated October 14, 1988,
submitted by the New York State Department of Environmental
Conservation.
(i) Incorporation by reference:
(A) New part 205 of title 6 of the New York Code of Rules and
Regulations of the State of New York, entitled ``Architectural Surface
Coatings,'' effective on September 15, 1988.
(ii) Additional material.
(A) December 5, 1988 letter from Thomas Allen, to Conrad Simon, EPA,
requesting EPA approval of the amendments to part 205.
(88) Revision to the New York State Implementation Plan (SIP) for
ozone, submitting a low emission vehicle program for a portion of the
Clean Fuel Fleet program, dated May 15, 1994 and August 9, 1994
submitted by the New York State Department of Environmental Conservation
(NYSDEC).
(i) Incorporation by reference. Part 218, ``Emission Standards for
Motor Vehicles and Motor Vehicle Engines,'' effective May 28, 1992.
(ii) Additional material.
(A) May 1994 NYSDEC Clean Fuel Fleet Program description.
(89) Revisions to the New York State Implementation Plan (SIP) for
carbon monoxide concerning the control of carbon monoxide from mobile
sources, dated November 13, 1992 and March 21, 1994 submitted by the New
York State Department of Environmental Conservation (NYSDEC).
(i) Incorporation by reference.
(A) Subpart 225-3 of Title 6 of the New York Code of Rules and
Regulations of the State of New York, entitled ``Fuel Composition and
Use--Gasoline,'' effective September 2, 1993 (as limited in section
1679).
(ii) Additional material.
(A) March 21, 1994, Update to the New York Carbon Monoxide SIP.
(90) [Reserved]
(91) Revisions to the State Implementation Plan submitted by the New
York State Department of Environmental Conservation on February 22,
1996, June 21, 1996 and June 25, 1996.
(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

[[Page 635]]

Special Permit Conditions issued March 19, 1996.
(3) Algonquin Gas Transmission Company's four gas-fired
reciprocating internal combustion engines, emission points R0100, R0200,
R0300, and R0400, Rockland County; New York permit and Special
Conditions approval dated September 23, 1991; New York Special
Conditions documents dated March 18, 1996 for emission points RO100,
RO200, and RO300; and March 29, 1996 for emission point RO400; and
Permit Correction dated August 8, 1996.
(ii) Additional information. Documentation and information to
support NOX RACT alternative emission limits in three letters
addressed to EPA from New York State Department of Environmental
Conservation and dated as follows:
(A) February 22, 1996 letter to Regional Administrator Jeanne Fox
from Commissioner Michael D. Zagata for a SIP revision for Morton
International, Inc.
(B) June 21, 1996 letter to Mr. Conrad Simon, Director of the Air
and Waste Management Division from Deputy Commissioner David Sterman for
a SIP revision for the Algonquin Gas Transmission Company.
(C) June 25, 1996 letter to Mr. Conrad Simon, Director of the Air
and Waste Management Division from Deputy Commissioner David Sterman for
a SIP revision for the University of Rochester.
(92) Revisions to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from Gasoline
Dispensing Sites and Transport Vehicles, dated July 8, 1994, submitted
by the New York State Department of Environmental Conservation (NYSDEC).
(i) Incorporation by reference:
(A) Amendments to Part 230 of title 6 of the New York Code of Rules
and Regulations of the State of New York, entitled ``Gasoline Dispensing
Sites and Transport Vehicles,'' effective September 22, 1994.
(ii) Additional material:
(A) July 8, 1994, letter from Langdon Marsh, NYSDEC, to Jeanne Fox,
EPA, requesting EPA approval of the amendments to Part 230.
(93) Revisions to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from
petroleum and volatile organic compound storage and transfer, surface
coating and graphic arts sources, dated March 8, 1993 submitted by the
New York State Department of Environmental Conservation (NYSDEC).
(i) Incorporation by reference:
(A) Amendments to Title 6 of the New York Code of Rules and
Regulations (NYCRR) Part 200 ``General Provisions,'' Part 201 ``Permits
and Certificates,'' Part 228 ``Surface Coating Processes,'' and Part 229
``Petroleum and Volatile Organic Liquid Storage and Transfer,'' Part 233
``Pharmaceutical and Cosmetic Manufacturing Processes,'' and Part 234,
``Graphic Arts,'' effective April 4, 1993.
(94) A revision to the State Implementation Plan submitted by the
New York State Department of Environmental Conservation on April 9, 1996
and supplemented on October 17, 1996 and February 2, 1998 that allows
Niagara Mohawk Power Corporation and Champion International Corporation
to trade emissions to meet the requirements of NOX RACT.
(i) Incorporation by reference:
(A) Permits to Construct and/or Certificates to Operate: The
following facilities have been issued permits to construct and/or
certificates to operate by New York State and such permits and/or
certificates are incorporated for 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:

[[Page 636]]

(1) April 9, 1996 to Mr. Conrad Simon, Director of Air and Waste
Management Division from Deputy Commissioner David Sterman for a SIP
revision for Niagara Mohawk Power Corporation and Champion International
Corporation.
(2) October 17, 1996 letter to Mr. Ted Gardella, EPA from Mr.
Patrick Lentlie, supplementing the SIP revision with the special permit
condition approval letters.
(3) February 2, 1998 letter to Mr. Ronald Borsellino, Chief of the
Air Programs Branch from Mr. Patrick Lentlie, supplementing the SIP
revision with the amended special permit conditions for Champion
International Corporation.
(95) A revision to the State Implementation Plan submitted on April
29, 1999 by the New York State Department of Environmental Conservation
that establishes the NOX Budget Trading Program.
(i) Incorporation by reference:
(A) Regulation Subpart 227-3 of Title 6 of the New York Code of
Rules and Regulations, entitled ``Pre-2003 Nitrogen Oxides Emissions
Budget and Allowance Program'' adopted on January 12, 1999, and
effective on March 5, 1999.
(B) Amendments to Title 6 of the New York Code of Rules and
Regulations, Part 200, ``General Provisions,'' Subpart 227-1,
``Stationary Combustion Installations,'' and Subpart 227-2, ``Reasonably
Available Control Technology (RACT) for Oxides of Nitrogen
(NOX)'' adopted on January 12, 1999, and effective on March
5, 1999.
(ii) Additional information:
(A) Letter from the New York Department of Environmental
Conservation dated April 29, 1999, submitting the NOX Budget
Trading Program as a revision to the New York State Implementation Plan
for ozone.
(B) Guidance for Implementation of Emissions Monitoring Requirements
for the NOX Budget Program, dated January 28, 1997.
(C) NOX Budget Program Monitoring Certification and
Reporting Requirements, dated July 3, 1997.
(D) Electronic Data Reporting, Acid Rain/NOX Budget
Program, dated July 3, 1997.
(96) Revisions to the New York State Implementation Plan (SIP) for
carbon monoxide concerning the oxyfuel program, dated August 30, 1999,
submitted by the New York State Department of Environmental Conservation
(NYSDEC).
(97) Revisions to the State Implementation Plan submitted on January
20, 1994 and April 29, 1999 by the New York State Department of
Environmental Conservation that establishes NOX RACT
requirements Statewide for combustion sources.
(i) Incorporation by reference:
(A) Regulation Subpart 227-2 of Title 6 of the New York Code of
Rules and Regulations, entitled ``Reasonably Available Control
Technology (RACT) for Oxides of Nitrogen (NOX)'' adopted on
January 19, 1994, and effective on February 18, 1994.
(B) Amendments to Subpart 227-2 adopted on January 12, 1999 and
effective on March 5, 1999.
(ii) Additional information
(A) Letters from the New York State Department of Environmental
Department Conservation dated January 20, 1994 and April 29, 1999,
submitting the NOX RACT Regulation and amendments as
revisions to the New York State Implementation Plan for ozone.
(B) Letter from the New York State Department of Environmental
Department Conservation dated April 27, 1999 submitting an analysis of
mass NOX emissions from generic sources throughout the State
as well as resolution of other approvability issues.
(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:

[[Page 637]]

(A) March 6, 1996, submittal of revisions to the enhanced motor
vehicle inspection and maintenance program.
(B) May 24, 1999, submittal of the demonstration of the
effectiveness of New York's decentralized inspection and maintenance
program network.
(C) October 7, 1999, supplemental submittal of the demonstration of
the effectiveness of New York's decentralized inspection and maintenance
program network.
(D) October 29, 1999, letter clarifying October 7, 1999,
supplemental submittal.
(E) May 22, 2000, Instrumentation/Protocol Assessment Pilot Study
analysis of the NYTEST.
(100) Revisions to the State Implementation Plan submitted on April
3, 2000, April 18, 2000 and as supplemented on May 16, 2000 by the New
York State Department of Environmental Conservation that establishes the
NOX Budget Trading Program, a 2007 Statewide NOX
emissions budget, and a commitment by New York to comply with the Sec.
51.122 reporting requirements.
(i) Incorporation by reference:
(A) Regulation Part 204 of Title 6 of the New York Code of Rules and
Regulations, entitled ``NOX Budget Trading Program,'' adopted
on January 18, 2000 and effective on February 25, 2000.
(B) Amendments to Title 6 of the New York Code of Rules and
Regulations, Part 200, ``General Provisions,'' Subpart 227-1,
``Stationary Combustion Installations,'' and Subpart 227-2, ``Reasonably
Available Control Technology (RACT) for Oxides of Nitrogen
(NOX)'' adopted on January 18, 2000 and effective on February
25, 2000.
(ii) Additional material:
(A) Letter from New York State Department of Environmental
Conservation dated April 3, 2000, requesting EPA approval of the
NOX Budget Trading Program as a revision to the New York
State Implementation Plan for ozone.
(B) Letter from New York State Department of Environmental
Conservation dated April 18, 2000, requesting EPA approval of the Oxides
of Nitrogen (NOX) SIP, entitled ``New York State
Implementation Plan For Ozone; Meeting The Statewide Oxides of Nitrogen
( NOX) Budget Requirements Contained In The NOX
SIP Call (63 FR 57356, October 27, 1998),'' as a revision to the New
York State Implementation Plan for ozone.
(C) Letter from New York State Department of Environmental
Conservation dated May 16, 2000, transmitting supplemental information
to the Oxides of Nitrogen (NOX) SIP submitted on April 18,
2000.
(101) Revisions to the State Implementation Plan submitted on July
8, 1994 by the New York State Department of Environmental Conservation
that establishes VOC and NOX Reasonably Available Control
Technology requirements statewide for general process emission sources.
(i) Incorporation by reference:
(A) Regulation Part 212 of Title 6 of the New York Code of Rules and
Regulations, entitled ``General Process Emission Sources'' filed on
August 23, 1994 and effective on September 22, 1994.
(ii) Additional information.
(A) Letter from the New York State Department of Environmental
Conservation dated July 8, 1994, submitting the Part 212 Regulation and
amendments as revisions to the New York State Implementation Plan for
ozone.
(B) Letter from the New York State Department of Environmental
Department Conservation dated August 31, 2001 submitting an analysis of
mass NOX emissions from generic sources throughout the State.
(C) Letter from the New York State Department of Environmental
Conservation dated July 11, 2001 affirming 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/

[[Page 638]]

certificates to operate and/or special permit conditions by New York
State and such permits and/or certificates are incorporated for the
purpose of establishing NOX emission limits consistent with
Subpart 227-2:
(1) Tenneco Gas Corporation's (also known as Tenneco Gas Pipeline
Company and Tennessee Gas Pipeline Company) eighteen gas-fired
reciprocating internal combustion engines, Erie, Columbia, and Herkimer
Counties; Compressor Station 229 at Eden, NY: permits to construct and
certificates to operate dated August 22, 1995 for emission points 0001A
through 0006A; Compressor Station 254 at Chatham, NY: permits to
construct and certificates to operate dated October 4, 1995 with
attached Special Conditions dated September 15, 1995 for emission points
00001 through 00006; Compressor Station 245 at West Winfield, NY:
Special (Permit) Conditions attached to New York State's letter dated
February 24, 1997 for emission points 00001 through 00006.
(2) [Reserved]
(ii) Additional information--Documentation and information to
support NOX RACT alternative emission limits in two letters
addressed to EPA from New York State Department of Environmental
Conservation and dated as follows:
(1) November 20, 1996 letter to Ms. Kathleen C. Callahan, Director
of the Division of Environmental Planning and Protection from Deputy
Commissioner David Sterman providing a SIP revision for Tenneco Gas
Pipeline Company.
(2) February 24, 1997 letter to Ronald Borsellino, Chief of the Air
Programs Branch from Donald H. Spencer, P.E., providing supplemental
information for Tenneco Gas Pipeline Company's Compressor Station 245.
(103) Revisions to the State Implementation Plan submitted on
December 30, 2002, January 17, 2003, April 30, 2003, September 17, 2003,
and October 27, 2003, by the New York State Department of Environmental
Conservation, which consists of control strategies that will achieve
volatile organic compound emission reductions that will help achieve
attainment of the national ambient air quality standard for ozone.
(i) Incorporation by reference:
(A) Regulations Part 226, ``Solvent Metal Cleaning Processes'' of
Title 6 of the New York Code of Rules and Regulations (NYCRR), filed on
April 7, 2003, and effective on May 7, 2003, Part 228, ``Surface Coating
Processes'' of Title 6 NYCRR, filed on June 23, 2003, and effective on
July 23, 2003, Part 235, ``Consumer Products'' of Title 6 NYCRR, filed
on October 10, 2002, and effective on November 9, 2002, and Part 239,
``Portable Fuel Container Spillage Control'' of Title 6 NYCRR, filed on
October 4, 2002, and effective on November 4, 2002.
(104) Revisions to the State Implementation Plan submitted by the
New York State Department of Environmental Conservation on April 12,
2000, and supplemented on May 12, 2000, May 16, 2000, October 10, 2002,
and February 24, 2003.
(i) Incorporation by reference:
Special Permit Conditions: Special permit conditions issued by New
York State on December 16, 1997, to General Chemical Corporation's
sodium nitrite manufacturing plant, Solvay, Onondaga County, are
incorporated for the purpose of establishing NOX emission
limits consistent with part 212.
(ii) Additional information--Documentation and information to
support NOX RACT facility-specific emission limits in SIP
revision addressed to Regional Administrator Jeanne M. Fox from New York
Deputy Commissioner Carl Johnson:
(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.

[[Page 639]]

(i) Incorporation by reference:
(A) Regulation Part 205, ``Architectural and Industrial Maintenance
Coatings.'' of title 6 of the New York Code of Rules and Regulations,
filed on October 23, 2003, and effective on November 22, 2003.
(106) Revisions to the State Implementation Plan submitted on
February 18, 2004, by the New York State Department of Environmental
Conservation which consists of control measures that will achieve
reductions in NOX emissions from stationary combustion
sources that will help achieve attainment of the national ambient air
quality standard for ozone.
(i) Incorporation by reference:
(A) Regulation subpart 227-2 ``Reasonably Available Control
Technology (RACT) for Oxides of Nitrogen (NOX)'' of part 227
``Stationary Combustion Installations'' of title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York
(6NYCRR), filed on January 12, 2004, and effective on February 11, 2004.
(107) Revisions to the State Implementation Plan submitted on
December 9, 2002, by the New York State Department of Environmental
Conservation which consists of the adoption of California's second
generation Low Emissions Vehicle (LEV) program.
(i) Incorporation by reference.
(A) Regulation part 218 ``Emissions Standards for Motor Vehicles and
Motor Vehicle Engines'' of Title 6 of the Official Compilation of Codes,
Rules and Regulations of the State of New York (6NYCRR), part 218,
subparts 218-1, 218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 filed on
November 28, 2000 and effective on December 28, 2000.
(108) Revisions to the State Implementation Plan submitted on June
22, 2004, by the New York State Department of Environmental
Conservation, which consists of a revision to the carbon monoxide
maintenance plan for Onondaga County.
(i) Incorporation by reference:
(A) Regulation Part 225-3, ``Fuel Composition and Use--Gasoline.''
of Title 6 of the New York Code of Rules and Regulations, filed on
October 5, 2001, and effective on November 4, 2001.
(109) Revisions to the State Implementation Plan submitted on June
16, 1996 and May 27, 2005, by the New York State Department of
Environmental Conservation, which consist of administrative changes to
Title 6 of the New York Code, Rules and Regulations, Part 201, ``Permits
and Certificates.''
(i) Incorporation by reference:
(A) Regulations Subparts 201-7.1, ``General'' and 201-7.2,
``Emission Capping Using Synthetic Minor Permits'' of Part 201-7,
``Federally Enforceable Emission Caps'' of Title 6 of the New York Code
of Rules and Regulations (NYCRR), filed on June 7, 1996, and effective
on July 7, 1996.
(110) Revisions to the State Implementation Plan submitted on July
8, 1994, by the New York State Department of Environmental Conservation
(NYSDEC), which consisted of amendments to Title 6 of the New York
Codes, Rules and Regulations (NYCRR) Parts 214, ``Byproduct Coke Oven
Batteries,'' and 216, ``Iron and/or Steel Processes.''
(i) Incorporation by reference:
(A) Regulations Part 214, ``Byproduct Coke Oven Batteries,'' and
Part 216, ``Iron and/or Steel Processes'' of Title 6 of the New York
Codes, Rules and Regulations (NYCRR), filed on August 23, 1994, and
effective on September 22, 1994.
(ii) Additional information:
(A) Letter from New York State Department of Environmental
Conservation, dated March 1, 2006, identifying the level of
NOX emissions from generic sources located in New York State
that are subject to Parts 214 and 216.
(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

[[Page 640]]

217-4, ``Inspection and Maintenance Program Audits,'' effective on
October 30, 2002, and the New York State Department of Motor Vehicles
regulation Title 15 NYCRR Part 79 ``Motor Vehicle Inspection
Regulations,'' specifically, Sections 79.1-79.15, 79.17, 79.20, 79.21,
79.24, and 79.25, effective on May 4, 2005.
(112) Revisions to the State Implementation Plan submitted on July
7, 2006 by the New York State Department of Environmental Conservation
for the purpose of enhancing an existing Emission Statement Program for
stationary sources in New York. The SIP revision consists of amendments
to Title 6 of the New York Codes Rules and Regulations, Chapter III,
Part 202, Subpart 202-2, ``Emission Statements.''
(i) Incorporation by reference:
(A) Part 202, Subpart 202-2, Emission Statements of Title 6 of the
New York Codes, Rules and Regulations, effective on May 29, 2005.
(ii) Additional information:
(A) July 7, 2006, letter from Mr. Carl Johnson, Deputy Commissioner,
OAWM, NYSDEC, to Mr. Alan Steinberg, RA, EPA Region 2, requesting EPA
approval of the amendments to Title 6 of the New York Codes Rules and
Regulations, Chapter III, Part 202, Subpart 202-2, Emission Statements.
(B) April 11, 2007, letter from Mr. David Shaw, Director, Division
of Air Resources, NYSDEC, to Mr. Raymond Werner, Chief, Air Programs
Branch, EPA Region 2.
(113) A revision to the State Implementation Plan that was submitted
on September 17, 2007 by the New York State Department of Environmental
Conservation (NYSDEC). This revision consists of regulations to meet the
requirements of the Clean Air Interstate Rule (CAIR). This revision also
addresses New York's 110(a)(2)(D)(i) obligations to submit a SIP
revision that contains adequate provisions to prohibit air emissions
from adversely affecting another state's air quality through interstate
transport.
(i) Incorporation by reference:
(A) Part 243, CAIR NOX Ozone Season Trading Program, Part
244, CAIR NOX Annual Trading Program, and Part 245, CAIR
SO2 Trading Program, effective on October 19, 2007, of Title
6 of the New York Code of Rules and Regulations (NYCRR).
(B) Notice of Adoption, New York State Clean Air Interstate Rule,
addition of Parts 243, 244 and 245 to Title 6 NYCRR, New York State
Register, dated October 10, 2007, pages 16-22.
(ii) Additional information:
(A) Letter dated September 14, 2007 from Assistant Commissioner J.
Jared Snyder, NYSDEC, to Alan J. Steinberg, RA, EPA Region II,
submitting the SIP revision.
(114) On October 21, 2009 and November 23, 2009, the New York State
Department of Environmental Conservation (NYSDEC), submitted to EPA
proposed revisions to the SIP concerning control strategies which will
result in volatile organic compound emission reductions that will help
achieve attainment of the national ambient air quality standards for
ozone.
(i) Incorporation by reference:
(A) Title 6 of the New York Code of Rules and Regulations, Part 235,
``Consumer Products,'' with an effective date of October 15, 2009 and
Part 239, ``Portable Fuel Container Spillage Control,'' with an
effective date of July 30, 2009.
(ii) Additional information:
(A) Letters dated October 21, 2009 and November 23, 2009 from
Assistant Commissioner J. Jared Snyder, NYSDEC, to George Pavlou, Acting
Regional Administrator, EPA Region 2, submitting the SIP revision for
parts 235 and 239 respectively.
(115) On March 3, 2009, the New York State Department of
Environmental 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 641]]

(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 642]]

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.............. 11/10/2005 7/18/2017, 82 FR 32767..
Sect. .0103.......... Copies of Referenced 11/10/2005 7/18/2017, 82 FR 32767..
Federal Regulations.
Sect .0104........... Incorporation by 1/15/1998 11/10/1999, 64 FR 61213.
Reference.
Sect .0105........... Mailing List............. 7/1/2002 9/17/2003, 68 FR 54362..
----------------------------------------------------------------------------------------------------------------
Section .0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Sect .0201........... Classification of Air 4/12/1984 10/11/1985, 50 FR 41501.
Pollution Sources.
Sect .0202........... Registration of Air 1/15/1998 11/10/1999, 64 FR 61213.
Pollution Sources.
----------------------------------------------------------------------------------------------------------------
Section .0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect .0301........... Purpose.................. 2/01/1976 6/3/1986, 51 FR 19834...
Sect. 0302........... Episode Criteria......... 1/15/1998 11/10/1999, 64 FR 61213.
Sect .0303........... Emission Reduction Plans. 4/12/1984 10/11/1985, 50 FR 41501.
Sect .0304........... Preplanned Abatement 4/14/1988 12/12/1988, 53 FR 49881.
Program.
Sect .0305........... Emission Reduction Plan-- 4/12/1984 10/11/1985, 50 FR 41501.
Alert Level.
Sect .0306........... Emission Reduction Plan-- 4/12/1984 10/11/1985, 50 FR 41501.
Warning Level.
Sect .0307........... Emission Reduction Plan-- 4/12/1984 10/11/1985, 50 FR 41501.
Emergency Level.
----------------------------------------------------------------------------------------------------------------
Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect .0401........... Purpose.................. 12/1/1992 8/15/1994, 59 FR 41708..
Sect .0402........... Sulfur Dioxide........... 9/1/2011 7/20/2015, 80 FR 42735..
Sect .0403........... Total Suspended 7/1/1988 1/16/1990, 55 FR 1419...
Particulates.
Sect .0404........... Carbon Monoxide.......... 10/1/1989 3/12/1990, 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 Matter. 9/1/2015 7/14/2016, 81 FR 45422..
----------------------------------------------------------------------------------------------------------------
Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect .0501........... Compliance with Emission 4/1/2001 8/8/2002, 67 FR 51461...
Control Standards.
Sect .0502........... Purpose.................. 3/1/1981 7/26/1982, 47 FR 32118..
Sect .0503........... Particulates from Fuel 5/1/1999 10/22/2002, 67 FR 64989.
Burning Indirect Heat
Exchangers.
Sect .0504........... Particulates from Wood 7/1/2002 12/27/2002, 67 FR 78980.
Burning Indirect Heat
Exchangers.
Sect .0505........... Control of Particulates 7/1/1987 2/29/1988, 53 FR 5974...
from Incinerators.
Sect .0506........... Particulates from Hot Mix 3/20/1998 11/10/1999, 64 FR 61213.
Asphalt Plants.
Sect .0507........... Particulates from 4/1/2003 9/17/2003, 68 FR 54362..
Chemical Fertilizer
Manufacturing Plants.
Sect .0508........... Particulates from Pulp 3/20/1998 11/10/1999, 64 FR 61213.
and Paper Mills.
Sect .0509........... Particulates from Mica or 4/1/2003 9/17/2003, 68 FR 54362..
Feldspar Processing
Plants.
Sect .0510........... Particulates from Sand, 3/20/1998 11/10/1999, 64 FR 61213.
Gravel, or Crushed Stone
Operations.
Sect .0511........... Particluates from 3/20/1998 11/10/1999, 64 FR 61213.
Lightweight Aggregate.
Sect .0512........... Particulates from Wood 11/1/1984 12/19/1986, 51 FR 45468.
Products Finishing
Plants.
Sect .0513........... Particulates from 3/20/1998 11/10/1999, 64 FR 61213.
Portland Cement Plants.
Sect .0514........... Particulates from Ferrous 3/20/1998 11/10/1999, 64 FR 61213.
Jobbing Foundries.
Sect .0515........... Particulates from 4/1/2003 9/17/2003, 68 FR 54362..
Miscellaneous Industrial
Processes.

[[Page 643]]

Sect .0516........... Sulfur Dioxide Emissions 4/1/2003 9/17/2003, 68 FR 54362..
from Combustion Sources.
Sect .0517........... SO2 Emissions from Plants 11/1/1984 12/19/1986, 51 FR 45468.
Producing Sulfuric Acid.
Sect. 0519........... Control of Nitrogen 1/1/2005 8/22/2008, 73 FR 49613..
Dioxide and Nitrogen
Oxides.
Sect .0520........... Control and Prohibition 7/1/1996 8/1/1997, 62 FR 41277... Repealed.
of Open Burning.
Sect .0521........... Control of Visible 1/1/2005 10/25/2005, 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 Prohibition 2/1/1976 6/3/1986, 51 FR 19834...
of Odorous Emissions.
Sect .0523........... Control of Conical 1/1/1985 9/9/1987, 52 FR 33933...
Incinerators.
Sect .0527........... Emissions from Spodumene 11/1/1984 12/19/1986, 51 FR 45468.
Ore Roasting.
Sect .0530........... Prevention of Significant 9/1/2013 ........................ Disapproved the
Deterioration. portions of paragraphs
15A NCAC 02D .0530(e),
(q), and (v) that
pertain to PM2.5
increments.
Sect .0531........... Sources in Nonattainment 9/1/2013 9/14/2016, 81 FR 63111..
Areas.
Sect .0532........... Sources Contributing to 7/1/1994 2/1/1996, 61 FR 3584....
an Ambient Violation.
Sect .0533........... Stack Height............. 7/1/1994 2/1/1996, 61 FR 3584....
Sect .0535........... Excess Emissions 7/1/1996 8/1/1997, 62 FR 41277...
Reporting and
Malfunctions.
Sect .0536........... Particulate Emissions 8/1/1991 2/14/1996, 61 FR 5689...
from Electric Utility
Boilers.
Sect .0540........... Particulates from 3/20/1998 11/10/1999, 64 FR 61213.
Fugitive Non-process
Dust Emission Sources.
Sect .0542........... Control of Particulate 7/1/2002 12/27/2002, 67 FR 78980.
Emissions from Cotton
Ginning Operations.
Sect .0543........... Best Available Retrofit 9/6/2006 6/27/2012, 77 FR 38185..
Technology.
Sect .0544........... Prevention of Significant 12/16/2010 10/18/2011, 76 FR 64240.
Deterioration
Requirements for
Greenhouse Gases.
----------------------------------------------------------------------------------------------------------------
Section .0600 Air Contaminants; Monitoring, Reporting
----------------------------------------------------------------------------------------------------------------
Sect .0601........... Monitoring: 04/1/1999 8/8/2002, 67 FR 51461...
Recordkeeping: Reporting.
Sect .0602........... Definitions.............. 4/1/1999 8/8/2002, 67 FR 51461...
Sect .0604........... Exceptions to Monitoring 4/1/1999 8/8/2002, 67 FR 51461...
and Reporting
Requirements.
Sect .0605........... General Recordkeeping and 11/1/2006 10/31/2007, 72 FR 61531.
Reporting Requirements.
Sect. 0606........... Sources Covered by 1/1/2005 8/22/2008, 73 FR 49613..
Appendix P of 40 CFR
part 51.
Sect .0607........... Large Wood and Wood- 4/1/1999 8/8/2002, 67 FR 51461...
Fossil Fuel Combination
Units.
Sect. 0608........... Other Large Coal or 1/1/2005 8/22/2008, 73 FR 49613..
Residual Oil Burners.
Sect .0609........... Monitoring Condition in 4/12/1984 10/4/1985, 50 FR 41501..
Permit.
Sect .0610........... Federal Monitoring 4/1/1999 8/8/2002, 67 FR 51461...
Requirements.

[[Page 644]]

Sect .0611........... Monitoring Emissions from 4/1/1999 8/8/2002, 67 FR 51461...
Other Sources.
Sect .0612........... Alternative Monitoring 4/1/1999 8/8/2002, 67 FR 51461...
and Reporting Procedures.
Sect .0613........... Quality Assurance Program 4/1/1999 8/8/2002, 67 FR 51461...
Sect .0614........... Compliance Assurance 4/1/1999 8/8/2002, 67 FR 51461...
Monitoring.
Sect .0615........... Delegation............... 4/1/1999 8/8/2002, 67 FR 51461...
----------------------------------------------------------------------------------------------------------------
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: Reporting, 5/1/2013 7/25/2013, 78 FR 44892..
Monitoring.
Sect .0905........... Petition for Alternative 11/8/1984 12/19/1986, 51 FR 45468.
Controls.
Sect .0906........... Circumvention............ 11/8/1984 12/19/1986, 51 FR 45468.
Sect .0907........... Compliance Schedules for 11/21/1996 10/15/1999, 64 FR 55831. Repealed.
Sources in Nonattainment
Areas.
Sect .0908........... Equipment Modification 11/8/1984 12/19/1986, 51 FR 45468.
Compliance Schedules.
Sect .0909........... Compliance Schedules..... 5/1/2013 9/23/2013, 78 FR 58186..
Sect .0910........... Alternate Compliance 11/21/1996 10/15/1999, 64 FR 55831. Repealed.
Schedules.
Sect .0911........... Exceptions for Compliance 11/21/1996 10/15/1999, 64 FR 55831. Repealed.
Schedules.
Sect .0912........... General Provisions on 3/13/2008 5/9/2013, 78 FR 27067...
Test Methods and
Procedures.
Sect .0913........... Determination of Volatile 3/13/2008 5/9/2013, 78 FR 27067... Repealed.
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 Solvent 6/1/2008 5/9/2013, 78 FR 27067... Repealed.
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 Duty 9/1/2010 5/9/2013, 78 FR 27067... Repealed.
Truck Manufacturing.
Sect .0918........... Can Coating.............. 7/1/1996 8/1/1997, 62 FR 41277...
Sect .0919........... Coil Coating............. 7/1/1996 8/1/1997, 62 FR 41277...
Sect .0920........... Paper Coatings........... 9/1/2010 5/9/2013, 78 FR 27067... Repealed.
Sect .0921........... Fabric and Vinyl Coating. 9/1/2010 5/9/2013, 78 FR 27067... Repealed.
Sect .0922........... Metal Furniture Coating.. 9/1/2010 5/9/2013, 78 FR 27067...
Sect .0923........... Surface Coating of Large 9/1/2010 5/9/2013, 78 FR 27067...
Appliance Parts.
Sect .0924........... Magnet Wire Coating...... 7/1/1996 8/1/1997, 62 FR 41277...
Sect .0925........... Petroleum Liquid Storage. 12/1/1989 6/23/1994, 59 FR 32362..
Sect .0926........... Bulk Gasoline Plants..... 7/1/1996 8/1/1997, 62 FR 41277...
Sect .0927........... Bulk Gasoline Terminals.. 6/1/2008 5/9/2013, 78 FR 27067...
Sect .0928........... Gasoline Service Stations 7/1/1996 8/1/1997, 62 FR 41277 ..
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.......... 12/1/1989 6/23/1994, 59 FR 32362..
Sect .0932........... Gasoline Truck Tanks and 11/7/2007 5/9/2013, 78 FR 27067...
Vapor Collection Systems.
Sect .0933........... Petroleum Liquid Storage 8/1/2004 5/9/2013, 78 FR 27067...
in External Floating
Roof Tanks.
Sect .0934........... Coating of Miscellaneous 9/1/2010 5/9/2013, 78 FR 27067... Repealed.
Metal Parts and Products.
Sect .0935........... Factory Surface Coating 9/1/2010 5/9/2013, 78 FR 27067...
of Flat Wood Paneling.

[[Page 645]]

Sect .0936........... Graphic Arts............. 9/1/2010 5/9/2013, 78 FR 27067... Repealed.
Sect .0937........... Manufacture of Pneumatic 7/1/1996 8/1/1997, 62 FR 41277...
Rubber Tires.
Sect .0938........... Perchloroethylene Dry 3/20/1998 11/10/1999, 64 FR 61213. Repealed.
Cleaning System.
Sect .0939........... Determination of Volatile 3/13/2008 5/9/2013, 78 FR 27067... Repealed.
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 Solvent 3/13/2008 5/9/2013, 78 FR 27067... Repealed.
in Filter Waste.
Sect .0943........... Synthetic Organic 11/7/2007 5/9/2013, 78 FR 27067...
Chemical and Polymer
Manufacturing.
Sect .0944........... Manufacture of 3/14/1985 11/19/1986, 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 7/1/1994 5/5/1995, 60 FR 22284...
Synthesized
Pharmaceutical Products.
Sect .0948........... VOC Emissions from 7/1/2000 8/27/2001, 66 FR 34117..
Transfer Operations.
Sect .0949........... Storage of Miscellaneous 7/1/2000 8/27/2001, 66 FR 34117..
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 Alternative 9/18/2009 9/23/2013, 78 FR 58186..
Controls for RACT.
Sect .0953........... Vapor Return Piping for 9/18/2009 9/23/2013, 78 FR 58186.. This rule has been
Stage II Vapor Recovery. repealed as state
effective 9/18/2009.
Sect .0954........... Stage II Vapor Recovery.. 9/18/2009 9/23/2013, 78 FR 58186.. This rule has been
repealed as state
effective 9/18/2009.
Sect .0955........... Thread Bonding 4/1/1995 2/1/1996, 62 FR 3589....
Manufacturing.
Sect .0956........... Glass Christmas Ornament 4/1/1995 2/1/1996, 62 FR 3589....
Manufacturing.
Sect .0957........... Commercial Bakeries...... 4/1/1995 2/1/1996, 62 FR 3589....
Sect .0958........... Work Practices for 7/1/2000 8/27/2001, 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 7/25/2013, 78 FR 44892..
Solvents.
Sect .0963........... Fiberglass Boat 9/1/2010 5/9/2013, 78 FR 27067...
Manufacturing.
Sect .0964........... Miscellaneous Industrial 9/1/2010 5/9/2013, 78 FR 27067...
Adhesives.
Sect .0965........... Flexible Package Printing 9/1/2010 5/9/2013, 78 FR 27067...
Sect .0966........... Paper Film and Foil 9/1/2010 5/9/2013, 78 FR 27067...
Coatings.
Sect .0967........... Miscellaneous Metal and 9/1/2010 5/9/2013, 78 FR 27067...
Plastic Parts Coatings.
Sect .0968........... Automobile and Light Duty 9/1/2010 5/9/2013, 78 FR 27067...
Truck Assembly Coatings.
----------------------------------------------------------------------------------------------------------------
Section .1000 Motor Vehicle Emissions Control Standards
----------------------------------------------------------------------------------------------------------------
Sect .1001........... Purpose.................. 7/1/2002 10/30/2002, 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, 80 FR 6457.... Repealed.
Standards for CO and HC.
Sect .1005........... On-Board Diagnostic 1/1/2014 2/5/2015, 80 FR 6457....
Standards.
----------------------------------------------------------------------------------------------------------------

[[Page 646]]

Section .1300 Oxygenated Gasoline Standard
----------------------------------------------------------------------------------------------------------------
Sect .1301........... Purpose.................. 9/1/1996 6/19/2007, 72 FR 33692..
Sect .1302........... Applicability............ 9/1/1996 6/19/2007, 72 FR 33692..
Sect .1303........... Definitions.............. 9/1/1992 6/30/1994, 59 FR 33683..
Sect .1304........... Oxygen Content Standard.. 9/1/1996 6/19/2007, 72 FR 33692..
Sect .1305........... Measurement and 9/1/1992 6/30/1994, 59 FR 33683..
Enforcement.
----------------------------------------------------------------------------------------------------------------
Section .1400 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Sect .1401........... Definitions.............. 7/15/2002 12/27/2002, 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: Reporting: 5/1/2004 5/9/2013, 78 FR 27067...
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 Switching.. 3/13/2008 5/9/2013, 78 FR 27067...
Sect .1412........... Petition for Alternative 3/13/2008 5/9/2013, 78 FR 27067...
Limitations.
Sect .1415........... Test Methods and 3/13/2008 5/9/2013, 78 FR 27067...
Procedures.
Sect .1416........... Emission Allocations for 3/13/2008 5/9/2013, 78 FR 27067... Repealed.
Utility Companies.
Sect .1417........... Emission Allocations for 3/13/2008 5/9/2013, 78 FR 27067... Repealed.
Large Combustion Sources.
Sect .1418........... New Electric Generating 3/13/2008 5/9/2013, 78 FR 27067...
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 Combustion 7/15/2002 12/27/2002, 67 FR 78987.
Engines.
----------------------------------------------------------------------------------------------------------------
Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect. .1901.......... Open Burning: Purpose: 7/11/2007 7/18/2017, 82 FR 32767..
Scope.
Sect. .1902.......... Definitions.............. 7/11/2007 7/18/2017, 82 FR 32767..
Sect. .1903.......... Open Burning Without A 7/11/2007 7/18/2017, 82 FR 32767..
Permit.
Sect .1904........... Air Curtain Burners...... 7/1/1996 8/1/1997, 62 FR 41277...
----------------------------------------------------------------------------------------------------------------
Section .2000 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Sect. .2001.......... Purpose, Scope, and 11/10/2005 7/18/2017, 82 FR 32767..
Applicability.
Sect .2002........... Definitions.............. 4/1/1999 12/27/2002, 67 FR 78983.
Sect .2003........... Transportation Conformity 4/1/1999 12/27/2002, 67 FR 78983. Except for the
Determination. incorporation by
reference of 40 CFR
93.104(e) of the
Transportation
Conformity Rule.
Sect .2004........... Determining 4/1/1999 12/27/2002, 67 FR 78983.
Transportation Related
Emissions.
Sect .2005........... Memorandum of Agreement.. 4/1/1999 12/27/2002, 67 FR 78983.
----------------------------------------------------------------------------------------------------------------
Section .2400 Clean Air Interstate Rules
----------------------------------------------------------------------------------------------------------------
Sect. 2401........... Purpose and Applicability 5/1/2008 11/30/2009, 74 FR 62496.
Sect .2402........... Definitions.............. 5/1/2008 11/30/2009, 74 FR 62496.
Sect 2403............ Nitrogen Oxide Emissions. 5/1/08 11/30/09, 74 FR 62496...
Sect .2404........... Sulfur Dioxide........... 5/1/2008 11/30/2009, 74 FR 62496.
Sect .2405........... Nitrogen Oxide Emissions 5/1/2008 11/30/2009, 74 FR 62496.
During Ozone Season.
Sect .2406........... Permitting............... 7/1/2006 11/30/2009, 74 FR 62496.
Sect .2407........... Monitoring, Reporting, 5/1/2008 11/30/2009, 74 FR 62496.
and Recordkeeping.
Sect .2408........... Trading Program and 7/1/2006 11/30/2009, 74 FR 62496.
Banking.
Sect .2409........... Designated Representative 5/1/2008 11/30/2009, 74 FR 62496.

[[Page 647]]

Sect .2410........... Computation of Time...... 7/1/2006 11/30/2009, 74 FR 62496.
Sect 2411............ Opt-In Provisions........ 7/1/2006 11/30/2009, 74 FR 62496.
Sect .2412........... New Unit Growth.......... 5/1/2008 11/30/2009, 74 FR 62496.
Sect .2413........... Periodic Review and 7/1/2006 11/30/2009, 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 Flow 3/13/2008 5/9/2013, 78 FR 27067...
Rate.
Sect .2606........... Molecular Weight......... 3/13/2008 5/9/2013, 78 FR 27067...
Sect .2607........... Determination of Moisture 3/13/2008 5/9/2013, 78 FR 27067...
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 Compound 3/13/2008 5/9/2013, 78 FR 27067...
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 3/20/1998 11/10/1999, 64 FR 61213.
Permits.
Sect. 0102........... Activities Exempted from 1/1/2005 8/22/2008, 73 FR 49613..
Permit Requirements.
Sect. .0103.......... Definitions.............. 11/10/2005 7/18/2017, 82 FR 32767..
Sect .0104........... Where to Obtain and File 7/1/2002 12/27/2002, 67 FR 78980.
Permit Applications.
Sect. .0105.......... Copies of Referenced 11/10/2005 7/18/2017, 82 FR 32767..
Documents.
Sect .0106........... Incorporation by 8/15/1994 2/1/1996, 61 FR 3584....
Reference.
Sect .0107........... Confidential Information. 5/1/1999 10/22/2002, 67 FR 64989.
Sect .0108........... Delegation of Authority.. 3/15/1998 11/10/1999, 64 FR 61213.
Sect .0109........... Compliance Schedule for 4/1/2001 8/8/2002, 67 FR 51461...
Previously Exempted
Activities.
Sect .0110........... Retention of Permit at 8/15/1994 2/1/1996, 61 FR 3584....
Permitted Facility.
Sect .0111........... Applicability 8/15/1994 2/1/1996, 61 FR 3584....
Determinations.
----------------------------------------------------------------------------------------------------------------
Section .0200 Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect .0207........... Annual Emissions 7/1/2007 4/24/2012, 77 FR 24382..
Reporting.
----------------------------------------------------------------------------------------------------------------
Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Sect .0301........... Applicability............ 7/1/1994 7/28/1995, 60 FR 38710..
Sect .0303........... Definitions.............. 7/1/1994 7/28/1995, 60 FR 38710..
Sect. .0304.......... Applications............. 11/10/2005 7/18/2017, 82 FR 32767..
Sect. .0305.......... Application Submittal 11/10/2005 7/18/2017, 82 FR 32767..
Content.
Sect .0306........... Permits Requiring Public 7/1/1999 10/22/2002, 67 FR 64989.
Participation.
Sect .0307........... Public Participation 1/15/1998 11/10/1999, 64 FR 61213.
Procedures.
Sect .0308........... Final Action on Permit 7/1/1994 7/28/1995, 60 FR 38710..
Applications.
Sect .0309........... Termination, Modification 7/1/1999 10/22/2002, 67 FR 64989.
and Revocation of
Permits.
Sect .0310........... Permitting of Numerous 7/1/1994 7/28/1995, 60 FR 38710..
Similar Facilities.
Sect .0311........... Permitting of Facilities 7/1/1996 8/1/1997, 62 FR 41277...
at Multiple Temporary
Sites.
Sect .0312........... Application Processing 3/20/1998 11/10/1999, 64 FR 61213.
Schedule.
Sect .0313........... Expedited Application 4/17/1997 11/10/1999, 64 FR 61213.
Processing Schedule.
Sect .0314........... General Permitting 7/1/1999 10/22/2002, 67 FR 64989.
Requirements.
Sect .0315........... Synthetic Minor 7/1/1999 10/22/2002, 67 FR 64989.
Facilities.
Sect .0316........... Administrative Permit 4/1/2001 8/8/2002, 67 FR 51461...
Amendments.

[[Page 648]]

Sect .0317........... Avoidance Conditions..... 4/1/2001 8/8/2002, 67 FR 51461...
----------------------------------------------------------------------------------------------------------------
Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect .0801........... Purpose and Scope........ 5/1/1999 10/22/2002, 67 FR 64989.
Sect .0802........... Gasoline Servicing 8/1/1995 9/20/1996, 61 FR 49413..
Stations and Dispensing
Facilities.
Sect .0803........... Coating, Solvent 5/1/1999 10/22/2002, 67 FR 64989.
Cleaning, Graphic Arts
Operations.
Sect .0804........... Dry Cleaning Facilities.. 8/1/1995 9/20/1996, 61 FR 49414..
Sect .0805........... Grain Elevators.......... 4/1/2001 8/8/2002, 67 FR 51461...
Sect. .0806.......... Cotton Gins.............. 3/11/2004 7/18/2017, 82 FR 32767..
Sect .0807........... Emergency Generators..... 4/1/2002 8/8/2002, 67 FR 51461...
Sect. .0808.......... Peak Shaving Generators.. 7/1/1999 10/22/2002, 67 FR 64989.
Sect .0809........... Concrete Batch Plants.... 4/1/2004 9/27/2017, 82 FR 45473..
----------------------------------------------------------------------------------------------------------------
Section .0900 Permit Exemptions
----------------------------------------------------------------------------------------------------------------
Sect .0901........... Purpose and Scope........ 1/1/2005 9/27/2017, 82 FR 45473..
Sect .0902........... Portable Crushers........ 1/1/2005 9/27/2017, 82 FR 45473..
----------------------------------------------------------------------------------------------------------------

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

[[Page 649]]

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...........
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.

[[Page 650]]

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.
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...........

[[Page 651]]

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...........
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.

[[Page 652]]

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

[[Page 653]]

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.
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.

[[Page 654]]

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

[[Page 655]]

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

[[Page 656]]

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.
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.

[[Page 657]]

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 1/1/2002 12/27/02 67 FR 78986.
Interagency Transportation
Conformity Memorandum of
Agreement.
Mecklenburg-Union Interagency 8/7/2003 9/15/2003 68 FR 53887.
Transportation Conformity
Memorandum of Agreement.
10 Year Maintenance Plan Update 6/4/2004 9/20/2004 69 FR 56163.
for the Raleigh/Durham Area.
10 Year Maintenance Plan Update 6/4/2004 9/20/2004 69 FR 56163.
for the Greensboro/Winston-Salem/
High Point Area.
Attainment Demonstration of the 12/21/2004 9/21/2005 70 FR 48874.
Mountain, Unifour, Triad and
Fayetteville Early Action
Compact Areas.
Charlotte, Raleigh-Durham, and 3/18/05 3/24/06 71 FR 14817.
Winston-Salem Carbon Monoxide
Second 10-Year Maintenance Plan.

[[Page 658]]

8-Hour Ozone Maintenance plan for 6/19/2006 11/6/2006 71 FR 64891.
the Rocky Mount, North Carolina
area (Edgecombe and Nash
Counties).
8-Hour Ozone Maintenance plan for 6/7/2007 12/26/2007 72 FR 72948.
the Raleigh-Durham-Chapel Hill,
North Carolina area (Durham,
Franklin, Granville, Johnston,
Orange, Person and Wake Counties
in their entireties, and
Baldwin, Center, New Hope and
Williams Townships in Chatham
County).
1-Hour Ozone Maintenance plan 2/4/2008 4/8/2008 73 FR 18963.
revision for the Greensboro/
Winston-Salem/High Point area
(Davidson, Forsyth, and Guilford
counties and a portion of Davie
County).
8-Hour Ozone Maintenance Plan for 7/24/2009 12/07/2009 74 FR 63995.
the Great Smoky Mountains
National Park Area.
1997 Annual PM2.5 Maintenance 12/18/2009 11/18/2011 76 FR 71452.
Plan for the Hickory, North
Carolina Area (Catawba County).
1997 Annual PM2.5 Maintenance 12/22/2010 11/18/2011 76 FR 71452.
Plan for the Hickory, North
Carolina Area--MOVES Update.
1997 Annual PM2.5 Maintenance 12/18/2009 11/18/2011 76 FR 71455.
Plan for the Greensboro, North
Carolina Area (Davidson and
Guilford Counties).
1997 Annual PM2.5 Maintenance 12/22/2010 11/18/2011 76 FR 71455.
Plan for the Greensboro, North
Carolina Area--MOVES Update.
North Carolina 110(a)(1) and (2) 12/12/2007 2/6/2012 77 FR 5703.
Infrastructure Requirements for
the 1997 8-Hour Ozone National
Ambient Air Quality Standards.
1997 8-Hour Ozone 110(a)(1) 4/13/2011 3/26/2012 76 FR 3611.
Maintenance Plan for the Triad
Area.
Supplement to 110(a)(1) 5/18/2011 3/26/2012 76 FR 3611.
Maintenance Plan for the Triad
Area.
North Carolina portion of bi- 11/12/2009 5/4/2012 77 FR 26441.
state Charlotte; 1997 8-Hour
Ozone 2002 Base Year Emissions
Inventory.
Regional Haze Plan............... 11/17/2007 6/27/2012 77 FR 38185.
110(a)(1) and (2) Infrastructure 4/1/2008 10/16/2012 77 FR 63238............. With the exception
Requirements for 1997 Fine of section
Particulate Matter National 110(a)(2)(D)(i).
Ambient Air Quality Standards. With respect to
sections
110(a)(2)(C)
related to PSD
requirements,
110(a)(2)(E)(ii)
and 110(a)(2)(J)
related to PSD
requirements, EPA
conditionally
approved these
requirements.

[[Page 659]]

110(a)(1) and (2) Infrastructure 9/21/2009 10/16/2012 77 FR 63238............. With the exception
Requirements for 2006 Fine of section
Particulate Matter National 110(a)(2)(D)(i).
Ambient Air Quality Standards. With respect to
sections
110(a)(2)(C)
related to PSD
requirements,
110(a)(2)(E)(ii)
and 110(a)(2)(J)
related to PSD
requirements, EPA
conditionally
approved these
requirements.
MVEB Update for the Redesignation February 7, 11/26/12 77 FR 59335.............
and Maintenance Plan for the 2011
Rocky Mount, NC Area for the
1997 8-hour Ozone Standard.
1997 8-hour ozone reasonable 11/30/09 10/12/12 77 FR 62166.............
further progress plan for North
Carolina portion of the bi-state
Charlotte Area.
8-Hour Carbon Monoxide Limited August 2, 2012 6/20/2013 78 FR 37122.............
Maintenance Plan for Charlotte,
Raleigh/Durham and Winston-Salem
Maintenance Area.
1997 8-hour ozone Maintenance November 2, 12/2/13 78 FR 72039.............
Plan for the North Carolina 2011, and
portion of the bi-state supplemented
Charlotte Area. on March 28,
2013
North Carolina Transportation July 12, 2013 12/26/13 78 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 10/11/2013 2/5/2015 80 FR 6457..............
for the North Carolina
Inspection and Maintenance
Program.
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- 07/07/2014 4/21/15 2015 80 FR 22211.............
state Charlotte Area; 2008 8-
Hour Ozone Base Year Emissions
Inventory.

[[Page 660]]

North Carolina portion of bi- 07/07/2014 4/21/15 80 FR 22211............. ...................
state 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 4/16/2015 7/28/2015 80 FR 44881.............
Plan 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)
Ozone NAAQS. as 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)
PM2.5 NAAQS. as 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- 110(a)(2)(E)(ii)
hour PM2.5 NAAQS. as 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)
NAAQS. as 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)
Ozone NAAQS. as 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)
NAAQS. as 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)
NAAQS. as it relates to
the Secretary of
the DENR and his/
her delegatee that
approve permit or
enforcement orders
and appealed
matters decided by
ALJs.
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.

[[Page 661]]

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
Particulate Matter NAAQS. of 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
Particulate Matter NAAQS. of 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
NAAQS. of 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 11/2/2012 9/14/2016 81 FR 63111............. Partially approve
Requirements for the 2008 8-Hour the PSD elements
Ozone NAAQS. of 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
NO2 NAAQS. of 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 662]]

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
SO2 NAAQS. of 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
PM2.5 NAAQS. of 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).
110(a)(1) and (2) Infrastructure 12/9/2015 10/4/2017 82 FR 46134............. Addressing prongs 1
Requirements for the 2008 8-Hour and 2 of section
Ozone NAAQS. 110(a)(2)(D)(i)
only.
----------------------------------------------------------------------------------------------------------------

[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.

Sec. 52.1771 Classification of regions.

The North Carolina plan was evaluated on the basis of the following
classifications:

----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Western Mountain Intrastate.......................... I III III III III
Eastern Mountain Intrastate.......................... I III III III III
Metropolitan Charlotte Interstate.................... I II III III I
Northern Piedmont Intrastate......................... I III III III III
Eastern Piedmont Intrastate.......................... I III III III III
Northern Coastal Intrastate.......................... I III III III III
Southern Coastal Intrastate.......................... II III III III III
Sandhills Intrastate................................. II III III III III
----------------------------------------------------------------------------------------------------------------

[37 FR 10884, May 31, 1972]

[[Page 663]]

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 from sources located in the State of North Carolina shall be
submitted to the appropriate state or local agency for which the source
is located, rather than to EPA's Region 4 office: North Carolina
Department of Environmental Quality, Division of Air Quality, 1641 Mail
Service Center, Raleigh, North Carolina 27699-1641; Forsyth County
Office of Environmental Assistance and Protection, 201 North Chestnut
Street, Winston-Salem, North Carolina 27101-4120; Mecklenburg County
Land Use and Environmental Services Agency, Air Quality, 2145 Suttle
Avenue, Charlotte, North Carolina 28208; or Western North Carolina
Regional Air Quality Agency, 125 S. Lexington Ave., Suite 101,
Asheville, North Carolina 28801-3661.

[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; 82 FR 32645, July 17, 2017]

Sec. 52.1779 Control strategy: Ozone.

(a) Determination of attaining data. EPA has determined, as of
November 15, 2011, the bi-state Charlotte-Gastonia-Rockhill, North
Carolina-South Carolina nonattainment area has attaining data for the
1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR
51.918, suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standards for as long as this
area continues to meet the 1997 8-hour ozone NAAQS.
(b) Based upon EPA's review of the air quality data for the 3-year
period 2008-2010, EPA determined that the Charlotte-Gastonia-Rock Hill,
North Carolina-South Carolina, 1997 8-hour ozone nonattainment Area
attained the 1997 8-hour ozone NAAQS by the applicable attainment date
of June 15, 2011. Therefore, EPA has met the requirement pursuant to CAA
section 181(b)(2) to determine, based on the Area's air quality as of
the attainment date, whether the Area attained the standard. EPA also
determined that the Charlotte-Gastonia-Rock Hill, North Carolina-South
Carolina, 1997 8-hour ozone nonattainment Area is not subject to the
consequences of failing to attain pursuant to section 181(b)(2).
(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

[[Page 664]]

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).
(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

[[Page 665]]

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 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

[[Page 666]]

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.

[[Page 667]]

33-15-01-13.......................... Shutdown and 1/1/2013 11/21/16 81 FR 72718, 10/21/16..........
malfunction of an
installation--Requirem
ent 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.. 4/1/2014 11/9/2017 82 FR 46919, 10/10/2017........
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
33-15-04-02.......................... Permissible open 4/1/2014 11/21/16 81 FR 72718, 10/21/16..........
burning.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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...........

[[Page 668]]

33-15-05-03.3........................ Other waste 3/1/03 11/22/04 69 FR 61762, 10/21/04..........
incinerators.
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 3/1/03 11/22/04 69 FR 61762, 10/21/04.......... See 63 FR 45722 (8/27/
emissions of sulfur 98) for additional
dioxide from use of material.
fuel.
33-15-06-02.......................... Restriction of 6/1/92 12/20/93 58 FR 54041, 10/20/93..........
emissions 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 6/1/92 10/20/95 60 FR 43396, 8/21/95...........
organic 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 7/1/78 11/2/79 44 FR 63102, 11/2/79...........
disabling of motor
vehicle pollution
control devices
prohibited.
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-10. Control of Pesticides
--------------------------------------------------------------------------------------------------------------------------------------------------------
33-15-10-01.......................... Pesticide use 1/1/89 9/10/90 55 FR 32403, 8/9/90............
restricted.
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 669]]

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 11/9/2017 82 FR 46919, 10/10/2017........ 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..........
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...........
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 670]]

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 6/1/90 8/25/92 57 FR 28619, 6/26/92...........
control 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 1/1/2013 11/21/16 81 FR 72718, 10/21/16..........
fees.
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.

[[Page 671]]

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.
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.

[[Page 672]]

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.

[[Page 673]]

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 674]]

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; 82 FR 46920, Oct. 10, 2017]

[[Page 675]]

Sec. 52.1821 Classification of regions.

The North Dakota plan was evaluated on the basis of the following
classifications:

[37 FR 10885, May 31, 1972]

Sec. 52.1822 Approval status.

With the exceptions set forth in this subpart, the Administrator
approves the North Dakota plan for the attainment and maintenance of the
national standards.

[39 FR 7283, Feb. 25, 1974]

Sec. 52.1823 [Reserved]

Sec. 52.1824 Review of new sources and modifications.

(a)-(b) [Reserved]
(c) The State of North Dakota has clarified the language contained
in the North Dakota Administrative Code on the use of the EPA
``Guideline on Air Quality Models'' as supplemented by the ``North
Dakota Guideline for Air Quality Modeling Analysis''.In a letter to
Douglas M. Skie, EPA, dated February 14, 1992, Dana K. Mount, Director
of the Division of Environmental Engineering, stated:

To clarify this issue, the State of North Dakota will commit to
meeting all requirements of the EPA Guideline for air quality modeling
demonstrations associated with the permitting of new PSD sources, PSD
major modifications, and sources which will be located in nonattainment
areas. If any conflict exists, the EPA Guideline will take precedence
for these source categories.

[39 FR 7283, Feb. 25, 1974, as amended at 51 FR 40677, Nov. 7, 1986; 57
FR 28620, June 26, 1992; 61 FR 16062, Apr. 11, 1996]

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 676]]

------------------------------------------------------------------------
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 677]]

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 678]]

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.
(f) The North Dakota Department of Health provided submissions to
meet infrastructure requirements for the State of North Dakota for the
2010 SO2 and 2012 PM2.5 NAAQS on March 7, 2013 and
August 23, 2015, respectively. The State's Infrastructure SIP for the
2010 SO2 and 2012 PM2.5 NAAQS is approved with
respect to section (110)(a)(1) and the following elements of section
(110)(a)(2): (A), (B), (C) with respect to minor NSR and PSD
requirements, (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M).

[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; 82 FR 46682, Oct. 6, 2017]

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]

[[Page 679]]

Sec. 52.1837 Original identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of North Dakota'' and all revisions submitted by North
Dakota that were federally approved prior to July 31, 2006.
(b) The plan was officially submitted on January 24, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Air quality maintenance area designation submitted June 26,
1974, by the Governor.
(2) Compliance schedules submitted on June 14, 1973, by the
Governor.
(3) Provision for public notice and comment on new source reviews
and a revised compliance schedule submitted on February 19, 1974, by the
Governor.
(4) Clarification concerning the revision of the secondary
particulate standard attainment date submitted on November 21, 1974, by
the Governor.
(5) Explanation of why sources could not comply by the original
attainment date submitted April 23, 1975, by the State Department of
Health.
(6) Revisions to the North Dakota Century Code making emission data
public information and revising penalties, revised new source
performance standards, emission standards for hazardous air pollutants,
and prevention of significant air quality deterioration regulations
submitted on May 26, 1976, by the Governor.
(7) Supplemental information stating that the complete new source
application would be available for public review submitted August 23,
1976 by the State Department of Health.
(8) A revised compliance schedule for the Basin Electric Power Plant
at Velva submitted on December 22, 1976, by the Governor.
(9) Requirements for continuous opacity monitoring by 7 sources
submitted on May 26, 1977, by the Governor.
(10) Provisions to meet the requirements of Part C, Title I, and
section 110 of the Clean Air Act, as amended in 1977, were submitted on
July 17, 1978.
(11) On January 25, 1980, the Governor submitted a plan revision to
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart
C, Sec. 58.20, and Public Notification required under section 127 of
the Clean Air Act.
(12) A revision requiring flares to meet 20% opacity and have
automatic ignitors or pilots, increasing construction permit fees to
$75.00 and establishing annual permit to operate fees was submitted on
May 6, 1982 by the Governor.
(13) [Reserved]
(14) Revisions to the Prevention of Significant Deterioration
requirements in Chapter 33-15-15 of the North Dakota regulations were
submitted on October 28, 1982 by the Governor, with supplemental
information submitted on July 5, 1983, March 8, 1984 and June 20, 1984,
by the State Agency.
(15) A revision to the SIP was submitted by the Governor on January
26, 1988, for visibility monitoring and New Source Review.
(i) Incorporation by reference.
(A) In a letter dated January 26, 1988, Governor George A. Sinner
submitted a SIP revision for visibility protection.
(B) The SIP revision for visibility protection, ``Chapter 6, Air
Quality Surveillance, Section 6.10, Visibility Monitoring'' and
``Chapter 33-15-19, Visibility Protection'', became effective on October
1, 1987, through action by the North Dakota Legislative Council.
(16) On January 26, 1988, the Governor submitted a plan adding Stack
Height Regulations, Chapter 33-15-18.
(i) Incorporation by reference.
(A) Addition to North Dakota Air Pollution Control Rules Chapter 33-
15-18, 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

[[Page 680]]

regulations and revised existing regulations and procedures.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules of the State of
North Dakota Chapters 33-15-01, 33-15-02, 33-15-03, 33-15-04, 33-15-05,
33-15-07, 33-15-10, 33-15-11, 33-15-14, and 33-15-15, inclusive, and the
addition of a new chapter 33-15-20 which were effective on October 1,
1987.
(19) On April 18, 1989, the Governor of North Dakota submitted
revisions to the plan. The revisions included updates to existing
regulations and the Group III PM10 plan.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules of the State of
North Dakota Chapters, 33-15-01, 33-15-02, 33-15-4, 33-15-07, 33-15-10,
33-15-11, 33-15-14, and 33-15-15, inclusive, which were effective on
January 1, 1989.
(ii) Additional material.
(A) August 22, 1989 letter from Dana K. Mount, Director of the
Division of Environmental Engineering, to Doug Skie, EPA.
(B) August 28, 1989 letter from Dana K. Mount, Director of the
Division of Environmental Engineering, to Laurie Ostrand, EPA.
(C) September 5, 1989 letter from Terry O'Clair, Assistant Director
of the Division of Environmental Engineering, to Laurie Ostrand, EPA.
(20) On June 26, 1990, the Governor of North Dakota submitted
revisions to the plan. The revisions include amendments to the
prevention of significant deterioration of air quality (PSD) regulations
to incorporate the nitrogen dioxide (NO2) increments and to
make several ``housekeeping'' modifications.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Administrative Code, Chapter 33-
15-15, Prevention of Significant Deterioration of Air Quality, effective
June 1, 1990.
(ii) Additional material.
(A) October 22, 1990, letter from Douglas Skie, EPA, to Dana Mount,
Director, Division of Environmental Engineering, North Dakota State
Department of Health and Consolidated Laboratories.
(B) November 6, 1990 letter from Dana Mount, Director, Division of
Environmental Engineering, North Dakota State Department of Health and
Consolidated Laboratories, to Douglas Skie, EPA.
(21) On June 26, 1990, the Governor of North Dakota submitted
revisions to the plan for new source performance standards.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules of the State of
North Dakota Chapter 33-15-12 which was effective on June 1, 1990.
(ii) Additional material.
(A) January 7, 1991, letter from James J. Scherer, EPA, to George A.
Sinner, Governor, State of North Dakota, on the authority for
implementation and enforcement of the New Source Performance Standards
(NSPS) for 40 CFR part 60, subpart QQQ.
(22) On June 26, 1990, the Governor of North Dakota submitted
revisions to the plan. The revisions include amendments to the hydrogen
sulfide standard and the format of other ambient standards, and various
other minor changes.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Administrative Code: General
Provisions 33-15-01-04.30, 33-15-01-07.2, 33-15-01-08, 33-15-01-15.2,
33-15-01-17; Ambient Air Quality Standards 33-15-02 Table 1 standards
for sulfur dioxide, hydrogen sulfide, carbon monoxide, ozone, and
nitrogen dioxide; Emissions of Particulate Matter Restricted 33-15-05-
02.2e, Table 4; Control of Pesticides 33-15-10-02.5; Designated Air
Contaminant Sources, Permit to Construct, Permit to Operate 33-15-14-
02.4.a and b, 33-15-14-02.5.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.

[[Page 681]]

(23) On June 30, 1992, the Governor of North Dakota submitted
revisions to the plan for new source performance standards and national
emission standards for hazardous air pollutants.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules, Chapter 33-15-12,
Standards of Performance for New Stationary Sources, and Chapter 33-15-
13, excluding Section 33-15-13-02, Emission Standards for Hazardous Air
Pollutants, effective June 1, 1992.
(24) On June 24, 1992, the governor of North Dakota submitted
revisions to the plan. The revisions correct enforceability deficiencies
in the SO2 regulations.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Administrative Codes, Chapter 33-
15-06, Emissions of Sulfur Compounds Restricted, which became effective
June 1, 1992.
(25) On November 2, 1992, the Governor of North Dakota submitted a
plan for the establishment and implementation of a Small Business
Assistance Program to be incorporated into the North Dakota State
Implementation Plan as required by section 507 of the Clean Air Act.
(i) Incorporation by reference.
(A) Executive Order 1992-5, executed May 21, 1992, to establish a
Small Business Compliance Advisory Panel.
(ii) Additional materials.
(A) November 2, 1992 letter from the Governor of North Dakota
submitting a Small Business Assistance Program plan to EPA.
(B) The State of North Dakota plan for the establishment and
implementation of a Small Business Assistance Program, adopted by the
North Dakota State Department of Health and Consolidated Laboratories on
October 23, 1992, effective October 23, 1992.
(26) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated June 26, 1990, June 30, 1992, and April 29, 1994. The
revisions address air pollution control rules regarding general
provisions; emissions of particulate matter and organic compounds; new
source performance standards (NSPS); national emission standards for
hazardous air pollutants (NESHAPs); federally enforceable State
operating permits (FESOPs); prevention of significant deterioration of
air quality; and control of emissions from oil and gas well production
facilities.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows:
Emissions of Particulate Matter Restricted 33-15-05-02, 33-15-05-03, and
33-15-05-04; Control of Organic Compound Emissions 33-15-07; Prevention
of Significant Deterioration of Air Quality 33-15-15-01; and Control of
Emissions from Oil and Gas Well Production Facilities 33-15-20-01, 33-
15-20-02, and 33-15-20-03, effective June 1, 1992.
(B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04 and 33-15-01-13; Standards of Performance for New
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air
Pollutants 33-15-13, effective June 1, 1992 and March 1, 1994.
(C) Revisions to the Air Pollution Control Rules as follows:
Designated Air Contaminant Sources, Permit to Construct, Minor Source
Permit to Operate, Title V Permit to Operate, 33-15-14-01 through 33-15-
14-05, effective March 1, 1994.
(27) On April 29, 1994, the Governor of North Dakota submitted
revisions to the prevention of significant deterioration regulations in
chapter 33-15-15 of the North Dakota Air Pollution Control Rules to
incorporate changes in 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

[[Page 682]]

provisions; ambient air quality standards; new source performance
standards (NSPS); and national emission standards for hazardous air
pollutants (NESHAPs).
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-17 and 33-15-01-18; Ambient Air Quality Standards
33-15-02-05 and 33-15-02 Table 1; Standards of Performance for New
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air
Pollutants 33-15-13, effective December 1, 1994.
(B) [Reserved]
(29) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated August 15, 1995 and January 9, 1996. The revisions address
air pollution control rules regarding general provisions; open burning;
emissions of particulate matter, certain settleable acids and alkaline
substances, and fugitives; air pollution emergency episodes; new source
performance standards (NSPS); national emission standards for hazardous
air pollutants (NESHAPs); and the minor source construction and
operating permit programs. The State's January 9, 1996 submittal also
revised SIP Chapter 6, Air Quality Surveillance, to identify current
activities regarding visibility monitoring.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows:
Emissions of Particulate Matter Restricted 33-15-05-03., 33-15-05-03.1.,
33-15-05-03.2., and 33-15-05-03.3.; Prevention of Air Pollution
Emergency Episodes 33-15-11 Tables 6 and 7; and Fees 33-15-23-01, 33-15-
23-02, and 33-15-23-03, effective August 1, 1995.
(B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04; Emission Standards for Hazardous Air Pollutants
33-15-13, except 33-15-13-01-2., Subpart I; Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate 33-15-14-01, 33-15-14-01.1., 33-15-14-02.12., and 33-
15-14-03.10.; effective August 1, 1995 and January 1, 1996.
(C) Revisions to the Air Pollution Control Rules as follows: Open
Burning Restrictions 33-15-04; Emissions of Certain Settleable Acids and
Alkaline Substances Restricted 33-15-09; Standards of Performance for
New Stationary Sources 33-15-12; and Restriction of Fugitive Emissions
33-15-17-01 and 33-15-17-02, effective January 1, 1996.
(30) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated January 9, 1996 and September 10, 1997. The revisions
address air pollution control rules regarding general provisions and
emissions of particulate matter, sulfur compounds, and organic
compounds.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rule Emissions of Sulfur
Compounds Restricted, 33-15-06-01, effective January 1, 1996.
(B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-03, 33-15-01-04.49, 33-15-01-13.2(b), 33-15-01-15.2,
and 33-15-01-17.3; Emissions of Particulate Matter Restricted 33-15-05-
03.3.4; and Control of Organic Compound Emissions 33-15-07-01.1;
effective September 1, 1997.
(ii) Additional material.
(A) An April 8, 1997 letter from Dana Mount, North Dakota Department
of Health, to Richard Long, EPA, to provide technical support
documentation regarding the revisions to Chapter 33-15-06, Emissions of
Sulfur Compounds Restricted.
(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

[[Page 683]]

rules regarding general provisions, ambient air quality standards,
emissions of particulate matter and organic compounds, and the permit to
construct program.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04.6-52; Ambient Air Quality Standards 33-15-02-04,
33-15-02-07.3, 33-15-02-07.4, and Table 2; Emissions of Particulate
Matter Restricted 33-15-05-03.1; Control of Organic Compound Emissions
33-15-07-01.1; and Designated Air Contaminant Sources, Permit to
Construct, Minor Source Permit to Operate, Title V Permit to Operate 33-
15-14-02.3.c, effective September 1, 1998.
(ii) Additional material.
(A) An April 10, 1997 letter from Dana Mount, North Dakota
Department of Health, to Richard Long, EPA, to provide technical support
documentation regarding the impact of SB2356 on sulfur dioxide emission
limits for existing and new coal conversion facilities and petroleum
refineries.
(B) A November 17, 1997 letter from William Delmore, North Dakota
Assistant Attorney General, to Terry Lukas, EPA, to propose how the
North Dakota Department of Health will implement the requirements of
SB2356.
(C) A June 10, 1998 letter from Dana Mount, North Dakota Department
of Health, to Richard Long, EPA, to provide technical support
documentation regarding the revisions to Chapter 33-15-02, Ambient Air
Quality Standards, and Chapter 33-15-14, Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate (revisions specific to the permit to construct section
only).
(D) A December 1, 1998 letter from Dana Mount, North Dakota
Department of Health, to Richard Long, EPA, to provide technical support
documentation regarding how the State will enforce the revised sulfur
dioxide standards in Chapter 33-15-02.
(32) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with a
letter dated June 21, 2001. The revisions address air pollution control
rules regarding general provisions, emissions of particulate matter and
fugitives, exclusions from Title V permit to operate requirements, and
prevention of significant deterioration.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04, 33-15-01-12, and 33-15-01-15; Emissions of
Particulate Matter Restricted 33-15-05-04.1; Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate 33-15-14-02.13.b.1, 33-15-14-03.1.c, and 33-15-14-07;
Prevention of Significant Deterioration of Air Quality 33-15-15-01.1.hh
and 33-15-15-01.2; and Restriction of Fugitive Emissions 33-15-17-01,
effective June 1, 2001.
(B) Revisions to the Air Pollution Control Rules as follows:
Emissions of Particulate Matter Restricted 33-15-05-03.1, repealed
effective July 12, 2000.
(33) Certain revisions to the North Dakota State Implementation Plan
and Air Pollution Control Rules as submitted by the Governor with a
letter dated April 11, 2003. The revisions affect portions of North
Dakota Administrative Code (N.D.A.C.) regarding general provisions and
emissions of particulate matter and sulfur compounds.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
(1) Chapter 33-15-01, N.D.A.C., General Provisions, sections 33-15-
01-04, 33-15-01-17, 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.

[[Page 684]]

(i) Incorporation by reference.
(A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
(1) Chapter 33-15-14, N.D.A.C., Designated Air Contaminant Sources,
Permit to Construct, Minor Source Permit to Operate, Title V Permit to
Operate, subsections 33-15-14-02.5, 33-15-14-02.13.c, 33-15-14-
02.13.i(5), 33-15-14-03.4, 33-15-14-03.5.a(1)(d), and 33-15-14-03.11,
effective March 1, 2003.
(2) Chapter 33-15-15, N.D.A.C., Prevention of Significant
Deterioration of Air Quality, subsections 33-15-15-01.1.x(2)(d) and 33-
15-15-01.4.h(3), effective March 1, 2003.
(35) Certain revisions to the North Dakota State Implementation Plan
and Air Pollution Control Rules as submitted by the Governor with a
letter dated April 11, 2003. The revisions affect portions of North
Dakota Administrative Code (N.D.A.C.) regarding construction and minor
source permitting.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
(1) In Chapter 33-15-14, N.D.A.C., Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate, the sentence in each first paragraph of subsections
33-15-14-02.19 and 33-15-14-03.16 that reads as follows, ``In the event
that the modification would be a major modification as defined in
chapter 33-15-15, the department shall follow the procedures established
in chapter 33-15-15.'' These revisions were effective March 1, 2003.

[37 FR 10885, May 31, 1972]

Editorial Note: For Federal Register citations affecting Sec.
52.1837, 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.

[[Page 685]]

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

[[Page 686]]

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.
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.

[[Page 687]]

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.
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 and 10/15/2015 9/8/2017, 82 FR 42451....
incorporation by
reference.
3745-21-02..................... Ambient air 8/25/2008 7/28/2009, 74 FR 37171...
quality
standards and
guidelines.
3745-21-03..................... Methods of 10/15/2015 9/8/2017, 82 FR 42451....
ambient air
quality
measurement.
3745-21-04..................... Compliance time 10/15/2015 9/8/2017, 82 FR 42451....
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 10/15/2015 9/8/2017, 82 FR 42451....
monoxide
emissions from
stationary
sources.
3745-21-09..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
emissions of
volatile organic
compounds from
stationary
sources and
perchloroethylen
e from dry
cleaning
facilities.
3745-21-10..................... Compliance test 10/15/2015 9/8/2017, 82 FR 42451....
methods and
procedures.

[[Page 688]]

3745-21-12..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
compound
emissions from
commercial
bakery oven
facilities.
3745-21-13..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
compound
emissions from
reactors and
distillation
units employed
in SOCMI
chemical
production.
3745-21-14..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
compound
emissions from
process vents in
batch operations.
3745-21-15..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
compound
emissions from
wood furniture
manufacturing
operations.
3745-21-16..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
compound
emissions from
industrial
wastewater.
3745-21-17..................... Portable fuel 10/15/2015 9/8/2017, 82 FR 42451....
containers.
3745-21-18..................... Commercial motor 10/15/2015 9/8/2017, 82 FR 42451....
vehicle and
mobile equipment
refinishing
operations.
3745-21-19..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
compound
emissions from
aerospace
manufacturing
and rework
facilities.
3745-21-20..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
emissions from
shipbuilding and
ship repair
operations
(marine
coatings).
3745-21-21..................... Storage of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
liquids in fixed
roof tanks and
external
floating roof
tanks.
3745-21-22..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
compound
emissions from
offset
lithographic
printing and
letterpress
printing
facilities.
3745-21-23..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
volatile organic
compound
emissions from
industrial
solvent cleaning
operations.
3745-21-24..................... Flat wood 10/15/2015 9/8/2017, 82 FR 42451....
paneling
coatings.
3745-21-25..................... Control of VOC 10/15/2015 9/8/2017, 82 FR 42451....
emissions from
reinforced
plastic
composites
production
operations.
3745-21-26..................... Surface coating 10/15/2015 9/8/2017, 82 FR 42451....
of miscellaneous
metal and
plastic parts.
3745-21-27..................... Boat 10/15/2015 9/8/2017, 82 FR 42451....
manufacturing.
3745-21-28..................... Miscellaneous 10/15/2015 9/8/2017, 82 FR 42451....
industrial
adhesives and
sealants.
3745-21-29..................... Control of 10/15/2015 9/8/2017, 82 FR 42451....
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.
----------------------------------------------------------------------------------------------------------------

[[Page 689]]

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

[[Page 690]]

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.
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.

[[Page 691]]

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.
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.

[[Page 692]]

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.
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 3745-110--Nitrogen Oxides--Reasonably Available Control Technology
----------------------------------------------------------------------------------------------------------------
3745-110-03.................... RACT requirements 7/18/2013 9/8/2017, 82 FR 42451.... Only the NOX
and/or emission
limitations for limitation on
emissions of NOX unit P046
from stationary contained in
sources. 3745-110-03(N).

[[Page 693]]

3745-110-05.................... Compliance 7/18/2013 9/8/2017, 82 FR 42451.... Only (A). For
methods. purposes of
demonstrating
compliance with
the NOX emission
limitation on
unit P046
contained in
3745-110-03(N).
----------------------------------------------------------------------------------------------------------------
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.

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

[[Page 694]]

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...
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).

[[Page 695]]

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).
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.
Lead (2008).................... Cleveland 6/29/2016 5/31/2017, 82 FR 24871... Includes approval
(partial of the 2013 lead
Cuyahoga County). base year
emissions
inventory and
emission limits
and PMP as RACM
for the Ferro
facility.
Lead (2008).................... Delta (partial 4/27/2017 3/13/2018, 83 FR 10796... Includes approval
Fulton County). of the 2013 lead
base year
emissions
inventory and
Preventative
Maintenance Plan
as RACM/RACT for
the Bunting
Bearing LLC
Delta facility.
----------------------------------------------------------------------------------------------------------------
Infrastructure Requirements
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Statewide........ 12/5/2007 7/13/2011, 76 FR 41075... Fully approved
infrastructure requirements for all CAA
for the 1997 8-hour ozone elements except
NAAQS. 110(a)(2)(D)(I),
which has been
remedied with a
FIP.
Section 110(a)(2) Statewide........ 12/5/2007 7/13/2011, 76 FR 41075... Fully approved
infrastructure requirements for all CAA
for the 1997 PM2.5 NAAQS. elements except
110(a)(2)(D)(I),
which has been
remedied with a
FIP.
Section 110(a)(2) Statewide........ 9/4/2009 5/10/2018, 83 FR 21719... Fully approved
infrastructure requirements for all CAA
for the 2006 PM2.5 NAAQS. elements except
110(a)(2)(D)(I),
which has been
disapproved and
remedied with a
FIP.

[[Page 696]]

Section 110(a)(2) Statewide........ 10/12/2011 10/6/2014, 79 FR 60075... Fully approved
infrastructure requirements for all CAA
for the 2008 lead NAAQS. elements.
Section 110(a)(2) Statewide........ 12/27/2012 5/10/2018, 83 FR 21719... Fully approved
infrastructure requirements for all CAA
for the 2008 ozone NAAQS. elements except
110(a)(2)(D)(I),
which has been
disapproved and
remedied with a
FIP.
Section 110(a)(2) Statewide........ 2/8/2013 5/10/2018, 83 FR 21719... Fully approved
infrastructure requirements for all CAA
for the 2010 NO2 NAAQS. elements.
Section 110(a)(2) Statewide........ 6/7/2013 5/10/2018, 83 FR 21719... No action has
infrastructure requirements been taken on
for the 2010 SO2 NAAQS. 110(a)(2)(D)(I).
All other CAA
elements have
been approved.
Section 110(a)(2)(D) Statewide........ 12/4/2015 5/10/2018, 83 FR 21719... Fully approved
infrastructure requirements for all CAA
for the 2012 PM2.5 NAAQS. elements.
----------------------------------------------------------------------------------------------------------------
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).
----------------------------------------------------------------------------------------------------------------
Visibility Protection
----------------------------------------------------------------------------------------------------------------
Regional Haze Plan............. Statewide........ 11/30/2016 5/10/2018, 83 FR 21719... Full Approval.
Regional Haze Five-Year Statewide........ 3/11/2016 12/21/2017, 82 FR 60543.. .................
Progress Report.
----------------------------------------------------------------------------------------------------------------

[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; 82 FR
24877, May 31, 2017; 82 FR 31921, July 11, 2017; 82 FR 42453, Sept. 8,
2017; 82 FR 60545, Dec. 21, 2017; 83 FR 4846, Feb. 2, 2018; 83 FR 10799,
Mar. 13, 2018; 83 FR 21721, May 10, 2018]

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

[[Page 697]]

Sandusky Intrastate....................................... III III III III III
Steubenville-Weirton-Wheeling Interstate.................. I I III III III
Wilmington-Chillicothe-Logan Intrastate................... III III III III III
Zanesville-Cambridge Intrastate........................... II IA III III III
----------------------------------------------------------------------------------------------------------------

[37 FR 10886, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45
FR 72146, Oct. 31, 1980]

Sec. 52.1872 [Reserved]

Sec. 52.1873 Approval status.

(a) With the exceptions set forth in this subpart the Administrator
approves Ohio's plan for the attainment and maintenance of the National
Ambient Air Quality Standards under section 110 of the Clean Air Act.
Furthermore, the Administrator finds the plan satisfies all the
requirements of Part D, Title 1 of the Clean Air Act as amended in 1977,
except as noted below. In addition, continued satisfaction of the
requirements of Part D for the ozone portion of the SIP depends on the
adoption and submittal of RACT requirements by January 1, 1981 for the
sources covered by CTGs between January 1978 and January 1979 and
adoption and submittal by each subsequent January of additional RACT
requirements for sources covered by CTGs issued by the previous January.
(b)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in this subpart apply to stationary sources of
greenhouse gas (GHGs) emissions, the Administrator approves that
application only to the extent that GHGs are ``subject to regulation'',
as provided in this paragraph (b), and the Administrator takes no action
on that application to the extent that GHGs are not ``subject to
regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) the term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(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

[[Page 698]]

Ohio's Administrative Code) and a significant net emissions increase (as
defined in paragraphs 3745-31-01, paragraphs (SSS) and (LLLLL)(1) of
Ohio's Administrative Code) occur. For the pollutant GHGs, an emissions
increase shall be based on tpy CO2e, and shall be calculated
assuming the pollutant GHGs is a regulated NSR pollutant, and
``significant'' is defined as 75,000 tpy CO2e instead of
applying the value in paragraph 3745-31-01(LLLLL)(2) of Ohio's
Administrative Code.

[75 FR 82559, Dec. 30, 2010]

Sec. 52.1874 [Reserved]

Sec. 52.1875 Attainment dates for achieving the sulfur dioxide
secondary standard.

The attainment date for achieving the sulfur dioxide
(SO2) secondary national ambient air quality standard (NAAQS)
is August 27, 1979 except as follows. The following sources are required
to achieve the secondary SO2 NAAQS by June 17, 1980:
Youngstown Sheet & Tube Co.; PPG Industries, Inc.; Wheeling-Pittsburgh
Steel Corp.; Pittsburgh-Canfield Corporation; The Timken Company; The
Sun Oil Co.; Sheller-Globe Corp.; The B.F. Goodrich Company; Phillips
Petroleum Co.; Shell Oil Co.; Federal Paper Board Co.; The Firestone
Tire & Rubber Co.; Republic Steel Corp.; Chase Bag Co.; White-
Westinghouse Corp.; U.S. Steel Corp.; Interlake, Inc.; Austin Power Co.;
Diamond Crystal Salt Co.; The Goodyear Tire & Rubber Co.; The Gulf Oil
Co.; The Standard Oil Co.; Champion International Corp.; Koppers Co.,
Inc.; General Motors Corp.; E.I. duPont de Nemours and Co.; Coulton
Chemical Corp.; Allied Chemical Corp.; Specialty Chemical Division; The
Hoover Co.; Aluminum Co. of America; Ohio Greenhouse Asso.; Armco Steel
Corp.; Buckeye Power, Inc.; Cincinnati Gas and Electric; Cleveland
Electric Illuminating Co.; Columbus and Southern Ohio Electric; Dayton
Power and Light Co.; Duquesne Light Co.; Ohio Edison Co.; Ohio Electric
Co.; Pennsylvania Power Co.; Toledo Edison Co.; Ohio Edison Co.; RCA
Rubber Co. The Ashland Oil Company is subject to a secondary
SO2 NAAQS attainment date of September 14, 1982. The
following sources located in Summit County are required to achieve the
secondary SO2 NAAQS by January 4, 1983: Diamond Crystal Salt;
Firestone Tire & Rubber Co.; General Tire & Rubber Co.; General Tire &
Rubber; B.F. Goodrich Co.; Goodyear Aerospace Corp.; Goodyear Tire &
Rubber Co.; Chrysler Corp.; PPG Industries Inc.; Seiberling Tire &
Rubber; Terex Division of General Motors Corp.; Midwest Rubber
Reclaiming; Kittinger Supply Co. The boiler of PPG Industries, Inc.
located in Summit County must achieve attainment of the secondary
SO2 NAAQS by August 25, 1983. The Portsmouth Gaseous
Diffusion Plant in Pike County is required to attain the secondary
SO2 NAAQS by November 5, 1984. The Ohio Power Company Galvin
Plant located in Gallia County is required to attain the secondary
SO2 NAAQS by August 25, 1985.

[61 FR 16062, Apr. 11, 1996]

Sec. 52.1876 Control strategy: Nitrogen dioxide.

(a) The condition to EPA's approval of the oxides of nitrogen State
Implementation Plan (SIP) codified at 40 CFR 52.1870(c)(128) is
satisfied by Ohio's November 26, 2003, submittal of the change to the
flow control date in the oxides of nitrogen budget trading SIP.
(b) [Reserved]

[69 FR 13234, Mar. 22, 2004]

Sec. 52.1877 Control strategy: Photochemical oxidants
(hydrocarbons).

(a) The requirements of Subpart G of this chapter are not met
because the Ohio plan does not provide for the attainment and
maintenance of the national standard for photochemical 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

[[Page 699]]

[(Rule 3745-21-09(N)(3) (a) and (e)], because Ohio did not provide
documentation regarding the temperature ranges in the additional two
months that the State permits the use of cutback asphalts, and a lack of
training is not sufficient reason for the 1000 gallons exemptions.
(2) USEPA is disapproving Section V [Rule 3745-21-09(V)], because it
contains an alternative leak testing procedure for gasoline tank trucks
which USEPA finds to be unapprovable.
(3) USEPA is disapproving exclusion of the external floating roof
(crude oil) storage tanks from the secondary seal requirement [Rule
3745-21-09(Z)(1)(a)], because Ohio has not demonstrated that the
relaxation would not interfere with the timely attainment and
maintenance of the NAAQS for ozone.
(4) USEPA is disapproving compliance test method Section G, [Rule
3745-21-10] as an alternative leak testing procedure for gasoline tank
trucks, because such action on Section G, is consistent with USEPA's
action on Rule 3745-21-09(V), which USEPA finds to be unapprovable.
(5) USEPA is disapproving compliance test method Section H, [Rule
3745-21-10], which involves a pressure test of only the vapor recovery
lines and associated equipment. Compliance test method Section H is
inconsistent with USEPA's control technique guidances and with tank
truck certification regulations that are in effect in 19 other States.
In addition, OEPA has presented no acceptable evidence demonstrating why
this rule constitutes RACT.

[38 FR 30974, Nov. 8, 1973, as amended at 39 FR 13542, Apr. 15, 1974; 51
FR 40676, Nov. 7, 1986; 54 FR 1940, Jan. 18, 1989]

Sec. 52.1878 [Reserved]

Sec. 52.1879 Review of new sources and modifications.

(a) The requirements of sections 172, 173, 182, and 189 for
permitting of major new sources and major modifications in nonattainment
areas for ozone, particulate matter, sulfur dioxide, and carbon monoxide
are not met, because Ohio's regulations exempt source categories which
may not be exempted and because the State has not adopted the new
permitting requirements of the Clean Air Act Amendments of 1990 in a
clear or enforceable manner.
(b) [Reserved]
(c) The requirements of Sec. 51.161 of this chapter are not met
because the State failed to submit procedures providing for public
comment on review of new or modified stationary sources.
(d) Regulation providing for public comment. (1) For purposes of
this paragraph, Director shall mean the Director of the Ohio
Environmental Protection Agency.
(2) Prior to approval or disapproval of the construction or
modification of a stationary source, the Director shall:
(i) Make a preliminary determination whether construction or
modification of the stationary source should be approved, approved with
conditions or disapproved;
(ii) Make available in at least one location in the region in which
the proposed stationary source would be constructed or modified, a copy
of all materials submitted by the owner or operator, a copy of the
Director's preliminary determination, and a copy or summary of other
materials, if any, considered by the Director in making his preliminary
determination; and
(iii) Notify the public, by prominent advertisement in a newspaper
of general circulation in the region in which the proposed stationary
source would be constructed or modified, of the opportunity for public
comment on the information submitted by the owner or operator and the
Director's preliminary determination on the approvability of the new or
modified stationary source.
(3) A copy of the notice required pursuant to this paragraph shall
be sent to 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

[[Page 700]]

on March 18, November 1, and November 15, 1994, for exemption from the
requirements contained in section 182(f) of the Clean Air Act. This
approval exempts the following counties in Ohio from the NOX
related general and transportation conformity provisions and
nonattainment area NSR for new sources and modifications that are major
for NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson,
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also
exempts the following counties in Ohio from the NOX related
general conformity provisions; nonattainment area NSR for new sources
and modifications that are major for NOX; NOX
RACT; and a demonstration of compliance with the enhanced I/M
performance standard for NOX: Ashtabula, Cuyahoga, Geauga,
Lake, Lorain, Medina, Portage, and Summit.
(f) Approval--USEPA is approving two exemption requests submitted by
the Ohio Environmental Protection Agency on September 20, 1993, and
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas,
respectively, from the requirements contained in Section 182(f) of the
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene,
Miami, and Montgomery Counties from the requirements to implement
reasonably available control technology (RACT) for major sources of
nitrogen oxides (NOX), nonattainment area new source review
(NSR) for new sources and modifications that are major for
NOX, and the NOX-related requirements of the
general and transportation conformity provisions. For the Dayton ozone
nonattainment area, the Dayton local area has opted for an enhanced
inspection and maintenance (I/M) programs. Upon final approval of this
exemption, the Clark, Greene, Miami, and Montgomery Counties shall not
be required to demonstrate compliance with the enhanced I/M performance
standard for NOX. If a violation of the ozone NAAQS is
monitored in the Toledo or Dayton area(s), the exemptions from the
requirements of Section 182(f) of the Act in the applicable area(s)
shall no longer apply.
(g) Approval--EPA is approving an exemption from the requirements
contained in section 182(f) of the Clean Air Act. This approval exempts
Butler, Clermont, Hamilton, and Warren counties in Ohio from
nonattainment NSR for new sources and modifications that are major for
NOX.

[39 FR 13542, Apr. 15, 1974, as amended at 45 FR 72122, Oct. 31, 1980;
45 FR 82927, Dec. 17, 1980; 51 FR 40677, Nov. 7, 1986; 58 FR 47214,
Sept. 8, 1993; 59 FR 48395, Sept. 21, 1994; 60 FR 3766, Jan. 19, 1995;
60 FR 36060, July 13, 1995; 65 FR 37899, June 19, 2000]

Sec. 52.1880 Control strategy: Particulate matter.

(a) The requirements of subpart G of this chapter are not met
because the Ohio plan does not provide for attainment and maintenance of
the secondary standards for particulate matter in the Greater
Metropolitan Cleveland Intrastate Region and the Ohio portions of the
Northwest Pennsylvania-Youngstown and the Steubenville-Weirton-Wheeling
Interstate Regions.
(b) In Pickaway County, Columbus and Southern Ohio Electric Company,
or any subsequent owner or operator of the Picway Generating Station,
shall not operate simultaneously Units 3 and 4 (boilers 7 and 8) at any
time. These units will terminate operation no later than October 1,
1980.
(c) Ohio Regulation EP-12 (open burning) is disapproved insofar as
EP-12-03(D)(1) and EP-12-04(D)(1) allow open burning of hazardous or
toxic materials.
(d)-(f) [Reserved]
(g) The B.F. Goodrich Chemical Plant State Implementation Plan
revision is being disapproved because it is not supported by an adequate
attainment demonstration and therefore does not meet the requirements of
Sec. 51.13(e).
(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

[[Page 701]]

the requirements identified in the July 1, 1987, promulgation of the SIP
requirements for PM10 at 52 FR 24681.
(i) Part D--Disapproval--Ohio's Part D TSP plan for the Middletown
area is disapproved. Although USEPA is disapproving the plan, the
emission limitations and other requirements in the federally approved
SIP remain in effect. See Sec. 52.1870(c)(27).
(j) Approval--EPA is approving the PM10 maintenance plan for
Cuyahoga and Jefferson Counties that Ohio submitted on May 22, 2000, and
July 13, 2000.
(k) Determinations of Attainment. EPA has determined, as of November
20, 2009, the Parkerburg-Marietta, WV-OH and the Wheeling, WV-OH
PM2.5 nonattainment areas have attained the 1997
PM2.5 NAAQS. These determinations, in accordance with 40 CFR
52.1004(c), suspend the requirements for these areas to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
these areas continue to meet the 1997 PM2.5 NAAQS.
(l) Disapproval. EPA is disapproving the portions of Ohio's
Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS
addressing interstate transport, specifically with respect to section
110(a)(2)(D)(i)(I).
(m) Determination of Attainment. EPA has determined, as of September
7, 2011, that based upon 2007-2009 air quality data, the Huntington-
Ashland, West Virginia-Kentucky-Ohio, nonattainment Area has attained
the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
Area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this Area continues to meet the 1997 annual
PM2.5 NAAQS.
(n) Determination of Attainment. EPA has determined, as of September
14, 2011, that based on 2007 to 2009 ambient air quality data, the
Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-Weirton
nonattainment areas have attained the 1997 annual PM2.5
NAAQS. This determination, in accordance with 40 CFR 52.1004(c),
suspends the requirements for these areas to submit attainment
demonstrations, associated reasonably available control measures,
reasonable further progress plans, contingency measures, and other
planning SIPs related to attainment of the standard for as long as these
areas continue to meet the 1997 annual PM2.5 NAAQS.
(o) Determination of Attainment. EPA has determined, as of September
29, 2011, that based upon 2007-2009 air quality data, the Cincinnati-
Hamilton, Ohio-Kentucky-Indiana nonattainment Area has attained the 1997
annual PM2.5 NAAQS. This determination, in accordance with 40
CFR 52.1004(c), suspends the requirements for this Area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
this Area continues to meet the 1997 annual PM2.5 NAAQS.
(p) Approval--The 1997 annual PM2.5 maintenance plans for
the following areas have been approved:
(1) The Cincinnati-Hamilton nonattainment area (Butler, Clermont,
Hamilton, and Warren Counties), as submitted on January 25, 2011. The
maintenance plan establishes 2015 motor vehicle emissions budgets for
the Cincinnati-Hamilton area of 1,678.60 tpy for primary
PM2.5 and 35,723.83 tpy for NOX and 2021 motor
vehicle emissions budgets of 1,241.19 tpy for primary PM2.5
and 21,747.71 tpy for NOX.
(2) The Ohio portion of the Huntington-Ashland nonattainment area
(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

[[Page 702]]

area (Washington County), as submitted on February 29, 2012, and
supplemented on April 30, 2013. The maintenance plan determines the
insignificance of motor vehicle emissions budgets for Washington County.
(4) The Ohio portion of the Wheeling, WV-OH nonattainment area
(Belmont County), as submitted on April 16, 2012, and supplemented on
April 30, 2013. The maintenance plan determines the insignificance of
motor vehicle emissions budgets for Belmont County.
(5) The Ohio portion of the Steubenville-Weirton nonattainment area
(Jefferson County). The maintenance plan establishes a determination of
insignificance for both NOX and primary PM2.5 for
conformity purposes.
(6) The Cleveland-Akron-Lorain area (Cuyahoga, Lake, Lorain, Medina,
Portage, and Summit Counties and Ashtabula Township in Ashtabula
County), as submitted on October 5, 2011. The maintenance plan
establishes 2015 motor vehicle emissions budgets for the Cleveland-
Akron-Lorain area of 1,371.35 tpy for primary PM2.5 and
35,094.70 tpy for NOX and 2022 motor vehicle emissions
budgets of 880.89 tpy for primary PM2.5 and 17,263.65 tpy for
NOX.
(7) The Dayton-Springfield, Ohio nonattainment area (Clark, Greene,
and Montgomery Counties), as submitted on June 1, 2011, and on April 30,
2013. The maintenance plan establishes 2015 motor vehicle emissions
budgets for the Dayton-Springfield area of 404.43 ton per year (tpy)
PM2.5 and 12,865.54 tpy nitrogen oxides (NOX) and
2022 motor vehicle emissions budgets of 261.33 tpy PM2.5 and
6,270.64 tpy NOX.
(8) The Canton-Massillon nonattainment area (Stark County). The
maintenance plan establishes motor vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for primary PM2.5 and
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for 2025.
(9) Approval--The 1997 annual PM2.5 maintenance plan for
the Columbus, Ohio nonattainment area (including Coshocton, Delaware,
Licking, Fairfield, and Franklin Counties) has been approved as
submitted on June 3, 2011. The maintenance plan establishes 2015 and
2022 motor vehicle emissions budgets for this area of 25,084.11 tons per
year for NOX and 873.46 tons per year for primary
PM2.5 in 2015 and 12,187.50 tons per year for NOX
and 559.13 tons per year for primary PM2.5 in 2022.
(q) Approval--The 1997 annual PM2.5 comprehensive
emissions inventories for the following areas have been approved:
(1) Ohio's 2005 NOX, directly emitted PM2.5,
and SO2 emissions inventory; 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

[[Page 703]]

submitted on June 3, 2011, and 2007 VOC and ammonia emission
inventories, as submitted on April 30, 2013, satisfy the emission
inventory requirements of section 172(c)(3) of the Clean Air Act for the
Columbus area.
(r) Determination of Attainment. EPA has determined, as of May 14,
2012, that based on 2008 to 2010 ambient air quality data, the
Steubenville-Weirton nonattainment area has attained the 24-hour 2006
PM2.5 NAAQS. This determination, in accordance with 40 CFR
52.1004(c), suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
this area continues to meet the 24-hour 2006 PM2.5 NAAQS.
(s) Approval--The 2006 24-hour PM2.5 maintenance plans
for the following areas have been approved:
(1) The Ohio portion of the Steubenville-Weirton nonattainment area
(Jefferson County). The maintenance plan establishes a determination of
insignificance for both NOX and primary PM2.5 for
conformity purposes.
(2) The Cleveland-Akron-Lorain area (Cuyahoga, Lake, Lorain, Medina,
Portage, and Summit Counties), as submitted on May 30, 2012. The
maintenance plan establishes 2015 motor vehicle emissions budgets for
the Cleveland-Akron-Lorain area of 1,371.35 tpy for primary
PM2.5 and 35,094.70 tpy for NOX and 2022 motor
vehicle emissions budgets of 880.89 tpy for primary PM2.5 and
17,263.65 tpy for NOX.
(3) The Canton-Massillon nonattainment area (Stark County). The
maintenance plan establishes motor vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for primary PM2.5 and
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for 2025.
(t) Approval--The 2006 24-hour PM2.5 comprehensive
emissions inventories for the following areas have been approved:
(1) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Steubenville-Weirton area.
(2) Ohio's 2005 and 2008 NOX, primary PM2.5,
and SO2 emissions inventories and 2007/2008 VOC and ammonia
emission inventories, as submitted on May 30, 2012 and supplemented on
April 30, 2013, satisfy the emission inventory requirements of section
172(c)(3) of the Clean Air Act for the Cleveland-Akron-Lorain area.
(3) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Canton-Massillon area.
(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

[[Page 704]]

Ambient and Meteorological Monitoring Requirements, 3745-18-06 General
Emission Limit Provisions.
(2) Approval--USEPA approves the Ohio Rules 3745-18-03 Attainment
Dates and Compliance Time Schedules except for those provisions listed
in Sec. 52.1881(a)(5).
(3) Approval--USEPA approves the Ohio Rules 3745-18-04 Emission
Measurement Methods except for those provisions listed in Sec.
52.1881(a)(6).
(4) Notwithstanding the portions of this section that EPA has either
disapproved or taken no action on, EPA has approved a complete plan
addressing all counties in the State of Ohio. In addition, specific
approved rules are listed in Sec. 52.1870.
(5) Disapproval--USEPA disapproves the Ohio Rule 3745-18-03(A),
Attainment Dates and also disapproves Ohio Rule 3745-18-03(C)(3)
Compliance Time Schedules for all sources electing to comply with the
regulations by utilizing complying fuels.
(6) No Action--USEPA is neither approving nor disapproving the
following Ohio Rule pending further review: 3745-18-04(D)(2), 3745-18-
04(D)(3), 3745-18-04(E)(2), 3745-18-04(E)(3) and, 3745-18-04(E)(4)
Emission Measurement Methods.
(7)-(8) [Reserved]
(9) No Action--USEPA takes no action on the 30-day averaging
provisions contained in the Toledo Edison Company's Bay Shore Station
State Implementation Plan revision until a general review of 30-day
averaging is complete.
(10) Approval--USEPA approves Condition 3 of the permits for the
Coulton Chemical Plant in Toledo and the E.I. duPont de Nemours and
Company plant in Miami, Ohio. This condition requires the installation
and operation of continuous emission monitors for sulfur dioxide.
(11) Approval. USEPA approves Ohio's Good Engineering Stack Height
Regulations as contained in Ohio Administrative Code Chapter 3745-16-01
and 02. These rules were adopted by the State on February 12, 1986 and
were effective on March 5, 1986.
(12) In a letter dated June 25, 1992, Ohio submitted a maintenance
plan for sulfur dioxide in Morgan and Washington Counties.
(13) In a letter dated October 26, 1995, Ohio submitted a
maintenance plan for sulfur dioxide in Lake and Jefferson Counties.
(14) On March 20, 2000, the Ohio Environmental Protection Agency
submitted maintenance plans for Coshocton, Gallia and Lorain Counties.
(15) On September 27, 2003, Ohio submitted maintenance plans for
sulfur dioxide in Cuyahoga County and Lucas County.
(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

[[Page 705]]

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 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.

[[Page 706]]

(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Ohio.
(c) All application and other information required pursuant to Sec.
52.21 of this part from sources located or to be located in the state of
Ohio shall be submitted to the state agency, Ohio Environmental
Protection Agency, P.O. Box 1049, Columbus, Ohio 43216, rather than to
EPA's Region 5 office.

[45 FR 52741, Aug. 7, 1980, and 46 FR 9584, Jan. 29, 1981; 75 FR 55276,
Sept. 10, 2010]

Sec. 52.1885 Control strategy: Ozone.

(a) Part D--Approval. The following portions of the Ohio plan are
approved:
(1) The ozone portions of rules 01, 02, 03, 04 (except the portion
disapproved below), 05, 06, 07, 08, 09 (except the portions
conditionally approved below) and 10 of Chapter 3745-21 of the Ohio
Administrative Code.
(2) The Attainment Demonstrations for the following urban areas:
Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo and
Youngstown.
(3) The Reasonable Further Progress Demonstration for the following
areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo
and Youngstown.
(4) The ozone nonattainment area plan for the rural nonattainment
areas.
(5) [Reserved]
(6) Approval--On June 10, 1997, Ohio submitted revisions to the
maintenance plans for the Toledo area (including Lucas and Wood
counties), the Cleveland/Akron/Lorain area (including Lorain, Cuyahoga,
Lake, Ashtabula, Geauga, Medina, Summit and Portage counties), and the
Dayton-Springfield area (including Montgomery, Clark, Greene, and Miami
counties). The revisions consist of an allocation of a portion of the
safety margin in each area to the transportation conformity mobile
source budget for that area. The mobile source budgets for
transportation conformity purposes for Toledo are now: 35.85 tons per
day of volatile organic compound emissions for the year 2005 and 35.19
tons per day of oxides of nitrogen emissions for the year 2005. The
mobile source budgets for transportation conformity purposes for
Cleveland-Akron-Lorain are now: 82.7 tons per day of volatile organic
compound emissions for the year 2006 and 104.4 tons per day of oxides of
nitrogen emissions for the year 2006. For the Dayton-Springfield area,
the oxides of nitrogen mobile source budget remains the same and the
mobile source budget for volatile organic compounds is now 34.1 tons per
day.
(7) Approval--On October 20, 1997, Ohio submitted a revision to the
maintenance plan for the Jefferson County area. The revision consists of
an allocation of a portion of the safety margin in the area to the
transportation conformity mobile source budget for that area. The mobile
source budget for transportation conformity purposes for Jefferson
County are now: 5.1 tons per day of volatile organic compound emissions
for the year 2005 and 4.4 tons per day of oxides of nitrogen emissions
for the year 2005.
(8) Approval--On April 27, 1998, Ohio submitted a revision to remove
the air quality triggers from the ozone maintenance plans for the
following areas in Ohio: Canton (Stark County), Cleveland (Lorain,
Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage Counties),
Columbus (Franklin, Delaware and Licking Counties), 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

[[Page 707]]

area are now: 67.99 tons per day of volatile organic compound emissions
for the year 2010 and 70.99 tons per day of oxides of nitrogen emissions
for the year 2010.
(10) Approval--On April 27, 1998, Ohio submitted a revision to
remove the air quality triggers from the ozone maintenance plan for the
Dayton-Springfield, Ohio Area (Miami, Montgomery, Clark, and Greene
Counties).
(11) Approval--On March 18, 1999, Ohio submitted a revision to the
maintenance plan for the Stark County (Canton) area. The revision
consists of allocating a portion of the Stark County area's safety
margins to the transportation conformity mobile source emissions
budgets. The mobile source budgets for transportation conformity
purposes for the Stark County area are now: 17.34 tons per day of
volatile organic compound emissions for the year 2005 and 13.00 tons per
day of oxides of nitrogen emissions for the year 2005.
(12) Approval--On June 1, 1999, Ohio submitted a revision to the
ozone maintenance plan for the Dayton/Springfield area. The revision
consists of revising the point source growth estimates and allocating
5.5 tons per day of VOCs to the transportation conformity mobile source
emissions budget. The mobile source VOC budget for transportation
conformity purposes for the Dayton/Springfield area is now: 39.6 tons
per day of volatile organic compound emissions for the year 2005. The
approval also corrects a typographical error in the maintenance plan
point and area source numbers for 2005.
(13) Approval--On August 19, 1999, Ohio submitted a revision to the
ozone maintenance plan for the Columbiana County area. The revision
consists of allocating a portion of the Columbiana County area's
NOX safety margin to the transportation conformity mobile
source emissions budget. The mobile source emissions budgets for
transportation conformity purposes for the Columbiana County area are
now: 5.65 tons per day of volatile organic compound emissions for the
year 2005 and 5.55 tons per day of oxides of nitrogen emissions for the
year 2005. This approval only changes the NOX transportation
conformity emission budget for Columbiana County.
(14) Approval-EPA is approving the 1-hour ozone maintenance plan for
the Ohio portion of the Cincinnati-Hamilton area submitted by Ohio on
May 20, 2005. The approved maintenance plan establishes 2015 mobile
source budgets for the Ohio portion of the area (Butler, Clermont,
Hamilton, and Warren Counties) for the purposes of transportation
conformity. These budgets are 26.2 tons per day for volatile organic
compounds and 39.5 tons per day for nitrogen oxides for the year 2015.
(15) Approval--On May 31, 2001, Ohio submitted a revision to the
ozone maintenance plan for the Cleveland/Akron/Lorain area. The revision
consists of allocating a portion of the Cleveland/Akron/Lorain area's
NOX safety margin to the transportation conformity mobile
source emissions budget. The mobile source emissions budgets for
transportation conformity purposes for the Cleveland/Akron/Lorain area
are now: 92.7 tons per day of volatile organic compound emissions for
the year 2006 and 104.4 tons per day of oxides of nitrogen emissions for
the year 2006. This approval only changes the VOC transportation
conformity emission budget for Cleveland/Akron/Lorain.
(16) Approval--On April 19, 2004, Ohio submitted a revision to the
ozone 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

[[Page 708]]

approval only changes the NOX transportation conformity
emission budget for Clinton County, Ohio.
(b) The maintenance plans for the following counties are approved:
(1) Preble County.
(2) Columbiana County.
(3) Jefferson County.
(4) Montgomery, Greene, Miami, and Clark Counties. This plan
includes implementation of Stage II vapor recovery and an enhanced
vehicle inspection and maintenance program.
(5) Lucas and Wood Counties.
(6) Franklin, Delaware, and Licking Counties.
(7) Stark County.
(8) Mahoning and Trumbull Counties.
(9) Clinton County
(10) Lorain, Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit, and
Portage Counties.
(11) Butler, Clermont, Hamilton, and Warren Counties.
(c) Disapproval. USEPA disapproves the compliance schedule in
revised rule 04(c)(18) of Chapter 3745-21 of the Ohio Administrative
Code as it applies to facilities formerly covered by the compliance
schedule in old rule 04(c)(1) of Chapter 3745-21. This disapproval in
and of itself does not result in the growth restrictions of section
110(a)(2)(I).
(d) Part D--No Action. USEPA at this time takes no action on the
vehicle inspection and maintenance (I/M) program required for those non-
attainment areas which have requested an extension to demonstrate ozone
attainment.
(e)-(q) [Reserved]
(r) Approval--USEPA is approving two exemption requests submitted by
the Ohio Environmental Protection Agency on September 20, 1993, and
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas,
respectively, from the requirements contained in Section 182(f) of the
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene,
Miami, and Montgomery Counties from the requirements to implement
reasonably available control technology (RACT) for major sources of
nitrogen oxides (NOX), nonattainment area new source review
(NSR) for new sources and modifications that are major for
NOX, and the NOX-related requirements of the
general and transportation conformity provisions. For the Dayton ozone
nonattainment area, the Dayton local area has opted for an enhanced
inspection and maintenance (I/M) program. Upon final approval of this
exemption, the Clark, Greene, Miami, and Montgomery Counties shall not
be required to demonstrate compliance with the enhanced I/M performance
standard for NOX. If a violation of the ozone NAAQS is
monitored in the Toledo or Dayton area(s), the exemptions from the
requirements of Section 182(f) of the Act in the applicable area(s)
shall no longer apply.
(s) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for the following ozone nonattainment areas: Toledo (Lucas and Wood
Counties) and Dayton (Clark, Greene, Miami, and Montgomery Counties).
(t) [Reserved]
(u) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for the Columbus ozone nonattainment area (which includes the Counties
of Delaware, Franklin, and Licking).
(v) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for the Canton (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.

[[Page 709]]

(x) Approval--EPA is approving requests submitted by the State of
Ohio on March 18, November 1, and November 15, 1994, for exemption from
the requirements contained in section 182(f) of the Clean Air Act. This
approval exempts the following counties in Ohio from the NOX
related general and transportation conformity provisions; nonattainment
area NSR for new sources and modifications that are major for
NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson,
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also
exempts the following counties in Ohio from the NOX related
general and transportation conformity provisions; nonattainment area NSR
for new sources and modifications that are major for NOX;
NOX RACT; and a demonstration of compliance with the enhanced
I/M performance standard for NOX: Ashtabula, Cuyahoga,
Geauga, Lake, Lorain, Medina, Portage, and Summit.
(y) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for Clinton County.
(z) The 15 percent rate-of-progress requirement of section 182(b) of
the Clean Air Act, as amended in 1990, is satisfied for the Ohio portion
of the Cincinnati-Hamilton ozone nonattainment area.
(aa) [Reserved]
(bb) Ohio's November 7, 1996, request for a one-year attainment date
extension for the Ohio portion of the Cincinnati-Hamilton metropolitan
moderate ozone nonattainment area which consists of Hamilton, Butler,
Clermont and Warren Counties is approved. The date for attaining the
ozone standard in these counties is November 15, 1997.
(cc) Ohio's November 14, 1997, request for a one-year attainment
date extension for the Ohio portion of the Cincinnati-Hamilton
metropolitan moderate ozone nonattainment area which consists of
Hamilton, Butler, Clermont and Warren Counties is approved. The date for
attaining the ozone standard in these counties is November 15, 1998.
(dd) Determination--EPA is determining that, as of July 5, 2000, the
Ohio portion of Cincinnati-Hamilton ozone nonattainment area (which
includes the Counties of Butler, Clermont, Hamilton and Warren) has
attained the 1-hour ozone standard and that the attainment demonstration
requirements of section 182(b)(1), 182(j), and 172(c)(1), along with the
section 172(c)(9) contingency measure requirements, do not apply to the
area.
(ee) Approval--EPA is approving an exemption from the requirements
contained in section 182(f) of the Clean Air Act. This approval exempts
Butler, Clermont, Hamilton, and Warren counties in Ohio from the
NOX related general conformity provisions; the nitrogen
oxides nonattainment NSR for new sources and modifications that are
major for NOX; NOX RACT; and a demonstration of
compliance with the enhanced automobile inspection and maintenance
performance standard for NOX.
(ff) Approval--The 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

[[Page 710]]

2018 MVEBs for Washington county of 1.67 tpd of VOCs and 1.76 tpd of
NOX.
(5) Mahoning, Trumbull and Columbiana Counties, as submitted on
February 15, 2007. The maintenance plan establishes 2009 and 2018 motor
vehicle emission budgets for Mahoning, Trumbull and Columbiana Counties.
The 2009 motor vehicle emission budgets are 19.58 tons per day for
volatile organic compounds (VOC) and 33.71 tons per day for oxides of
nitrogen (NOX). For 2018 the budgets are 10.36 tons per day
for VOC and 13.29 tons per day for NOX.
(6) On December 22, 2006, and supplemented on March 9, 2007, the
State of Ohio submitted a redesignation request and maintenance plan for
the Toledo area, including Lucas and Wood Counties. The maintenance plan
for this area establishes motor vehicle emission budgets (MVEB) for 2009
and 2018. The 2009 MVEBs are 18.99 tons/day of Volatile Organic
Compounds (VOC) and 33.75 tons/day for Oxides of Nitrogen
(NOX). The 2018 MVEBs are 11.20 tons/day of VOCs and 14.11
tons/day for NOX.
(7) The Dayton-Springfield area which includes Clark, Greene, Miami,
and Montgomery Counties, as submitted on November 6, 2006, and
supplemented on November 29, 2006, December 4, 2006, December 13, 2006,
January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007. The
maintenance plan for this area establishes Motor Vehicle Emissions
Budgets (MVEB) for 2005 and 2018. The 2005 MVEBs are 29.19 tpd of VOC
and 63.88 tpd of NOX. The 2018 MVEBs are 14.73 tpd of VOCs
and 21.42 tpd of NOX.
(8) Approval--On March 17, 2009, the Ohio Environmental Protection
Agency submitted a request to redesignate the Columbus area to
attainment of the 8-hour ozone NAAQS. As part of the redesignation
request, the state submitted a maintenance plan as required by section
175A of the Clean Air Act. Elements of the section 175 maintenance plan
include a contingency plan and an obligation to submit a subsequent
maintenance plan revision in 8 years as required by the Clean Air Act.
The 2012 motor vehicle emissions budgets for the Columbus area are 54.86
tpd for VOC and 91.64 tpd for NOX. The 2020 motor vehicle
emissions budgets for the area are 36.60 tpd for VOC and 46.61 tpd for
NOX.
(9) Approval--On March 17, 2009, and April 24, 2009, the Ohio
Environmental Protection Agency submitted a request to redesignate the
Cleveland-Akron-Lorain area to attainment of the 8-hour ozone NAAQS. As
part of the redesignation request, the state submitted a maintenance
plan as required by section 175A of the Clean Air Act. Elements of the
section 175 maintenance plan include a contingency plan and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. The 2012 motor vehicle emissions
budgets for the Cleveland-Akron-Lorain area are 46.64 tpd for VOC and
95.89 tpd for NOX. The 2020 motor vehicle emissions budgets
for the area are 31.48 tpd for VOC and 42.75 tpd for NOX.
(10) Approval--On December 14, 2009, the Ohio Environmental
Protection Agency submitted a request to redesignate the Ohio portion of
the Cincinnati-Hamilton, OH-KY-IN area to attainment of the 8-hour ozone
NAAQS. As part of the redesignation request, the State submitted a
maintenance plan as required by section 175A of the Clean Air Act.
Elements of the section 175 maintenance plan include a contingency plan
and an obligation to submit a subsequent maintenance plan revision in 8
years as required by the Clean Air Act. The 2015 motor vehicle 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

[[Page 711]]

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. 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

[[Page 712]]

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 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

[[Page 713]]

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.
(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 [Reserved]

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

[[Page 714]]

which have requested an extension to demonstrate carbon monoxide
attainment.
(d) Disapproval--On June 9, 1982 (draft), and November 9, 1982
(final), the State of Ohio submitted a revised demonstration that
attempts to show attainment by December 31, 1982, of the carbon monoxide
(CO) National Ambient Air Quality Standards (NAAQS) for the Cleveland
urban area. Supplemental information was submitted on March 8, 1983,
March 16, 1983, December 5, 1983, and May 9, 1985. The June 9, 1982, and
March 8, 1983, submittals also requested that the 5-year extension for
meeting the NAAQS requested on July 29, 1979, and granted by USEPA on
October 31, 1980, and June 18, 1981, be rescinded for this area. The
attainment demonstration and rescission request are disapproved by USEPA
because they do not meet the requirements of Sec. 51.10(b).
(e) Approval--On October 20, 2005, Ohio submitted a State
Implementation Plan (SIP) revision of the Cuyahoga County carbon
monoxide (CO) maintenance plan. The CO maintenance plan revision is an
update to the current approved maintenance plan and continues to
demonstrate maintenance of the CO National Ambient Air Quality Standard
(NAAQS) for an additional 10 years. The maintenance plan revision is
submitted as a limited maintenance plan for the Cuyahoga County, Ohio
carbon monoxide area and provides an unlimited motor vehicle emissions
budget as long as the ambient CO levels remain below the 7.65 parts per
million design value specified as the criterion for the limited
maintenance plan.

[45 FR 72143, Oct. 31, 1980, as amended at 45 FR 72147, Oct. 31, 1980;
49 FR 22815, June 1, 1984; 51 FR 10391, Mar. 26, 1986; 54 FR 615, Jan.
9, 1989; 54 FR 12621, Mar. 28, 1989; 55 FR 17752, Apr. 27, 1990; 71 FR
31100, June 1, 2006]

Sec. 52.1888 Operating permits.

Emission limitations and related provisions which are established in
Ohio operating permits as federally enforceable conditions in accordance
with Rule 3745-35-07 shall be enforceable by USEPA and by any person
under section 304 of the Clean Air Act. USEPA reserves the right to deem
permit conditions not federally enforceable. Such a determination will
be made according to appropriate procedures, and will be based upon the
permit, permit approval procedures or permit requirements which do not
conform with the operating permit program requirements or the
requirements of USEPA's underlying regulations.

[60 FR 55202, Oct. 30, 1995]

Sec. 52.1889 Small business stationary source technical and
environmental compliance assistance program.

The Ohio program, submitted as a requested revision to the Ohio
State Implementation Plan on May 17, 1994, and May 4, 1995, satisfies
the requirements of section 507 of the Clean Air Act.

[60 FR 42045, Aug. 15, 1995]

Sec. 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

[[Page 715]]

areas are not subject to the consequences of failing to attain pursuant
to section 179(d).
(c) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Cincinnati-Hamilton, Ohio-
Kentucky-Indiana PM2.5 nonattainment Area attained the 1997
annual PM2.5 NAAQS by the applicable attainment date of April
5, 2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Cincinnati-Hamilton, Ohio, Kentucky, and Indiana
PM2.5 nonattainment Area is not subject to the consequences
of failing to attain pursuant to section 179(d).
(d) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Parkersburg-Marietta, WV-OH
and Wheeling, WV-OH fine particle (PM2.5) nonattainment areas
attained the 1997 annual PM2.5 National Ambient Air Quality
Standard (NAAQS) by the applicable attainment date of April 5, 2010.
Therefore, EPA has met the requirement pursuant to CAA section 179(c) to
determine, based on the areas' air quality as of the attainment date,
whether the areas attained the standard. EPA also determined that the
Parkersburg-Marietta, WV-OH and Wheeling, WV-OH PM2.5
nonattainment areas are not subject to the consequences of failing to
attain pursuant to section 179(d).
(e) Based upon EPA's review of the air quality data for the 3-year
period 2010 to 2012, EPA determined that the Bellefontaine, OH lead
nonattainment areas attained the 2008 Lead National Ambient Air Quality
Standard (NAAQS). This clean data determination suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 2008 lead NAAQS.
(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.
(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,

[[Page 716]]

P100, P101, and P951 as fulfilling the RACM/RACT 172(c)(1) requirement.
(f) Ohio's 2013 lead emissions inventory for the Delta area,
submitted on April 27, 2017, to meet the emission inventory requirements
of section 172(c)(3) of the Clean Air Act for the Delta area.
(g) Approval--The 2008 lead maintenance plan for the Delta, Ohio
nonattainment area, submitted on April 27, 2017.
(h) Existing controls and maintenance provisions in the Air
Pollution Permits-to-Install and Operate P0108083, P0121822, P0120836,
and P0121942 for the Bunting Bearing LLC Delta facility including the
preventative maintenance plan as fulfilling the RACM/RACT 172(c)(1)
requirement. Permits P0120836, P0121822, and P0121942, all issued
February 28, 2017, require a combined limit of 0.150 pounds lead per
hour for units P006 to P011, P013, P020 to P025, P029 to P032, P035, and
P036. Permit P0108083, issued October 29, 2012, requires a combined
limit of 0.150 pounds lead per hour for units P014 to P019 and P028 and
a combined limit of 0.075 pounds lead per hour for unit P005.

[79 FR 43660, July 28, 2014, as amended at 82 FR 24877, May 31, 2017; 83
FR 10799, Mar. 13, 2018]

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:

[[Page 717]]

Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Steubenville and
Toledo. The submittal contained transportation control plans and
demonstrations of attainment (for carbon monoxide and/or ozone) for each
of the above mentioned urban nonattainment areas. Regulations for the
control of volatile organic compound emissions were not included with
this submittal but were submitted separately on September 13, 1979.
(15) On September 13, 1979, the State submitted regulations for the
control of volatile organic compound and carbon monoxide emissions from
stationary sources.
(16) On December 28, 1979, the State amended the attainment
demonstration submitted on July 27, 1979 for the Cleveland Urban area.
On November 24, 1980 and July 21, 1981, the State submitted additional
information on the transportation control plans for the Cleveland Urban
area.
(17) On January 8, 1980, the State amended the carbon monoxide
attainment demonstration submitted on July 27, 1979 for the Steubenville
urban area.
(18) On January 15, 1980, the State amended the attainment
demonstrations submitted on July 27, 1979 for the urban areas of
Cincinnati, Toledo and Dayton.
(19) On April 7, 1980 the State of Ohio committed to correct the
deficiencies presented in the March 10, 1980 Notice of Proposed
Rulemaking.
(20) On April 15, 24, 28, May 27, July 23 and August 6, 1980 the
State submitted comments on, technical support for, and commitments to
correct the deficiencies cited in the March 10, 1980 Notice of Proposed
Rulemaking. In addition to this the May 27, 1980 letter also contained a
commitment by the State to adopt and submit to USEPA by each subsequent
January, reasonable available control technology requirements for
sources covered by the control techniques guidelines published by USEPA
the preceding January.
(21) On December 28, 1979 the State of Ohio submitted its Part D
carbon monoxide and ozone nonattainment area plan for the Youngstown
urban area. The submittal contained transportation control plans and
demonstrations of attainment (for carbon monoxide and/or ozone). On
February 12, 1980 the State amended the ozone attainment demonstration
submitted on December 28, 1979.
(22) On June 12, 1980 and August 6, 1980, the State submitted
technical support and commitments to correct the deficiencies cited in
the May 16, 1980 Notice of Proposed Rulemaking. On November 20, 1980 and
July 21, 1981, the State submitted additional information on implementor
commitments for the Youngstown Urban area.
(23) On May 8, 1979, Ohio submitted revisions to regulations 3745-
25-01 through 3745-25-04 (previously codified as AP-11-01 through AP-11-
04) containing emergency episode procedures.
(24) On July 25, 1980 the State of Ohio submitted its Part D
revision to the New Source Review portion of the State Implementation
Plan. On September 25, 1980 the State submitted a 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.

[[Page 718]]

(iv) The following regulations were withdrawn by the Governor of
Ohio on December 19, 1980 only as it applies to the B.F. Goodrich
Company, Avon Lake Chemical Plant in Lorain County; OAC 3745-18-53(A).
These regulations are still applicable to other facilities in Lorain
County.
(v) The following regulations were withdrawn by the Governor of Ohio
on February 13, 1981; OAC Rules 3745-18-49(J) which is applicable to the
Ohio Rubber Company in Lake County and 3745-18-80(D) which is applicable
to the Union Carbide Corporation in Seneca County.
(vi) The Governor of Ohio submitted a revised OAC Rule 3745-18-80(D)
which is applicable to the Union Carbide Corporation in Seneca County on
April 30, 1981.
(26) On February 8, 1980, the State of Ohio submitted a revision to
provide for modification of the existing air quality surveillance
network.
(27) On February 18, and March 13, 1981, the Governor of Ohio
submitted Rule 08 of Chapter 3745-17 of the Ohio Administrative Code for
Middletown and the operating permits for the fugitive sources located at
ARMCO's Middletown Works Plant.
(28) On October 21 and November 21, 1980 the State submitted
comments on, technical support for, and commitments to correct the
deficiencies cited in the March 10, 1980 Notice of Proposed Rulemaking.
(29) On September 17, 1980 the State of Ohio submitted a vehicle
inspection and maintenance (I/M) program developed for the urbanized
area of Cleveland and the Ohio portion of the Cincinnati metropolitan
area. On December 5, 1980 the State submitted comments on, and
commitments for correcting, the deficiencies cited in the November 7,
1980 Supplemental Notice of Proposed Rulemaking.
(30) On February 18, 1981, the State of Ohio committed itself to
submit by December 31, 1981, the corrective materials for the
Middletown, Ohio total suspended particulate plan.
(31) On March 27, 1981 and March 10, 1982 the State of Ohio
submitted revisions to the total suspended particulate (TSP) portion of
its State Implementation Plan (SIP). These revisions are in the form of
an alternative emissions reduction plan (bubble) for the General Motors
(GM) Central Foundry located in Defiance County, Ohio. Incorporated into
Ohio's SIP are the emission limitations, interim and final compliance
milestones, control equipment requirements and testing procedures
specified in the variances and permits submitted for the GM bubble.
(32) On July 27, 1979, the State of Ohio submitted materials to
satisfy the general requirements of the Clean Air Act under sections
110(a)(2)(K); 126, 127, and 128. On January 30, 1981, the State of Ohio
also submitted an amended substitute Senate Bill 258, which was enacted
into law on December 19, 1980, amending Ohio Revised Code 3704.
(33) Revision to plan allowing Standard Oil Company of Ohio Toledo
refinery variances from State Regulations 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

[[Page 719]]

requirements for air permits to operate and variances. These rules were
adopted on September 28, 1979 and became effective in Ohio on November
7, 1979. Rescinded in 2008; see paragraph (c)(156) of this section.
(43) On February 12, 1981, the State of Ohio submitted adopted
amended Ohio Administrative Code (OAC) Rules 3745-21-01, 04, 09 and 10,
Emission Standards and Technology Requirements for Certain Sources of
Volatile Organic Compounds Emissions. The following portions of these
rules were withdrawn by the State of Ohio on March 27, 1981; OAC Rules
3745-21-04(C)(19)(a) and 3745-21-09(R)(3)(a). On January 8, 1982, the
State of Ohio submitted additional materials pertaining to OAC Rules
3745-21-09 (H), (U) and (X).
(44) On April 16, 1981, the Ohio EPA submitted a variance which
would extend for Presto Adhesive Paper Company in Montgomery County,
Ohio the deadline for complying with applicable Ohio VOC emission
limitations from April 1, 1982 to April 1, 1983 for water-based adhesive
paper coatings and to April 1, 1984 for water-based silicone paper
coatings.
(45) On Feburary 25, 1980, the State submitted revisions to rules 01
through 06, 08 and 09 of Chapter 15 of the Ohio Administrative Code.
These rules establish general provisions for the control of air
pollution and were previously codified and approved as AP-2-01 through
06, 08 and 09. Rules 01 through 04, 06, 08 and 09 are approved as
revisions to the Ohio SIP and rule 05 is deleted from the Ohio SIP.
(46) On August 26, 1982, the Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (weighted averaging bubble) for eight vinyl coating
lines at Uniroyal Plastic Products in Ottawa County, Ohio, and an
alternative compliance schedule which will allow Uniroyal Plastic
Products additional time to convert to waterborne coatings and inks. The
final compliance date is October 1, 1987.
(47) On June 29, 1982, the State submitted an amendment to the
definition of air contaminant as contained in section 3704.01(B) of the
Ohio Revised Code.
(48) On August 31, 1982, Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (weighted averaging bubble) for five rotogravure
printing lines at Packaging Corporation of America (PCA) in Wayne
County, Ohio and an alternative compliance schedule which will allow PCA
additional time to convert to waterborne coatings and inks. The final
compliance date is July 1, 1987.
(49) On September 10, 1982 the Ohio Environmental Protection Agency
submitted a revision to its ozone SIP for the Mead Paper Corporation,
Chilpaco Mill in Ross County, Ohio. This revision is in the form of
three variances for the three flexographic printing lines at Mead Paper
and contains revised emission limits and compliance 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

[[Page 720]]

vinyl coating lines at this facility. Technical support for this
revision was also submitted on June 28, 1982.
(58) On July 14, 1982, the State submitted revisions to its State
Implementation Plan for TSP and SO2 for Toledo Edison Company's Bay
Shore Station in Lucas County, Ohio, except that the equivalent visible
emission limitations in this submittal are no longer in effect.
(59) On March 9, 1983, the Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (bubble) for eight vinyl coating lines at B.F. Goodrich
in Washington County, Ohio, and an alternative compliance schedule which
will allow B.F. Goodrich additional time to achieve final compliance
through conversion to waterborne coatings and inks by December 31, 1985.
If the company is unable to achieve compliance by December 1, 1985,
through reformulation, the company must install add-on controls no later
than December 1, 1987.
(60) The State of Ohio submitted a revised demonstration that showed
attainment by December 31, 1982, of the Carbon Monixide (CO) National
Ambient Air Quality Standards (NAAQS) for the Cincinnati area (Hamilton
County) on May 24, 1982. Supplemental information was submitted on
September 23, 1982, November 4, 1982, and March 16, 1983. The May 24,
1982, submittal also requested that the five year extension for meeting
the NAAQS requested on July 29, 1979, and granted on October 31, 1980,
be rescinded for this area. EPA has rescinded this extension only for
the Cincinnati demonstration area for CO.
(61) On January 11, 1983, the Ohio EPA submitted justification and
supportive documentation for the two categories of gasoline dispensing
facilities and cutback asphalt. On March 2, 1983, Ohio EPA submitted
demonstrations of reasonable further progress in the Canton and
Youngstown areas. This information was submitted to satisfy the
conditions on the approval of the 1979 ozone SIP.
(62) [Reserved]
(63) On January 3, 1984, the Ohio Environmental Protection Agency
submitted a revision to the Ohio Administrative Code 3745-15-07, Air
Pollution Nuisance Prohibited.
(64) On September 2, 1982, the State of Ohio submitted a revision to
the total suspended particulate State Implementation Plan for the B.F.
Goodrich Chemical Plant in Avon Lake, Lorain County, Ohio. This revision
is being disapproved. (See Sec. 52.1880(g))
(65) [Reserved]
(66) On March 16, 1984, the Ohio Environmental Protection Agency
submitted commitments for satisfying the conditions of approval to the
ozone [52.1885 (b)(2)] and particulate matter [52.1880 (d)(1)] State
Implementation Plans.
(67) [Reserved]
(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

[[Page 721]]

revision to the sulfur dioxide SIP for the Ohio Power Muskingum River
Power Plant located in Morgan and Washington Counties. USEPA approves an
emission limit of 8.6 lbs/MMBTU to protect the primary NAAQS with a
compliance date of June 17, 1980. In addition, USEPA approves an
emission limit of 7.6 lbs/MMBTU to protect the secondary NAAQS with a
compliance date of July 1, 1989.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) rule 3745-18-03(C)(3)(gg)(vi)
effective in Ohio December 28, 1979; rule 3745-18-64(B) and rule 3745-
18-90(B) effective in Ohio on October 1, 1982.
(B) Director's Final Findings and Orders dated October 18, 1982,
before the Ohio Environmental Protection Agency.
(C) Director's Findings and Order dated November 18, 1986, before
the Ohio Environmental Protection Agency.
(ii) Additional information.
(A) Technical Support Document for emission limitations including
dispersion modeling for the Muskingum River Plant submitted by the State
on April 8, 1982.
(B) Muskingum River Plant Supplementary Technical Support Document
submitted by the State on June 22, 1982.
(C) Air Monitoring Data submitted by the State on June 22, 1982.
(71) On July 1, 1980, the State of Ohio submitted a revision to its
State Implementation Plan amending Sec. 3704.11 of the Ohio Revised
Code. This revision expands the authority given to a political
subdivision in relation to certain open burning activities. Additional
information for the revision was also submitted on September 30, 1980
and January 16, 1981.
(72) On March 16, 1982, the State of Ohio submitted a revision to
its State Implementation Plan for TSP for the Southerly Wastewater
Treatment Plant in Columbus, Ohio.
(73) On March 28, 1983, the State of Ohio Environmental Protection
Agency (OEPA) submitted amendments to the Ohio Administrative Code (OAC)
Chapter 3745-21 and supporting data to USEPA as a proposed revision to
the ozone portion of its SIP. OAC Chapter 3745-21, entitled ``Carbon
Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related
Material Standards'', contains Ohio's VOC RACT I and II regulations. The
amendments to these regulations are embodied in the OAC as follows:
Definitions, Rule 3745-21-01; Attainment dates and compliance time
schedules, Rule 3745-21-04; Control of emissions of organic compounds
from stationary sources, Rule 3745-21-09; and Compliance test methods
and procedures, Rule 3745-21-10. See (c)(15). USEPA is not taking action
on the applicability of Rule 3745-21-09 to new sources of VOC, to the
gasoline throughout exemption level for gasoline dispensing facilities,
and to the compliance date extension 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.

[[Page 722]]

(iii) Sections (E)(8), and (J)(5), corrections to Sections (E)(8)
and (J)(5).
(2) Rule 3745-21-04; Attainment dates and compliance time schedules.
(i) Section (C)(3), can coating lines.
(ii) Section (C)(15), cutback and emulsified asphalts.
(iii) Section (C)(29), gasoline tank trucks.
(iv) Section (C)(33), External floating roof tanks.
(3) Rule 3745-21-09, Control of emission of organic compounds from
stationary sources.
(i) Section (B), Emission limitations.
(ii) Sections, (C) (1) and (3), Surface coating of automobiles and
light duty trucks.
(iii) Sections (I) (1) and (2), Surface coating of metal furniture.
(iv) Sections (K) (1) and (3) and (K)(4) (a), (b) and (c), Surface
coating of large appliances.
(v) Sections (N) (1), (2), and (3) (b) and (c), Use of cutback and
emulsified asphalts.

Note: USEPA is not approving (N)(3) (a) and (e).

(vi) Section (O)(2), Solvent metal cleaning.
(vii) Sections (P) (1), (4), and (5), Bulk gasoline plants.
(viii) Section (Q)(3), Bulk gasoline terminals.
(ix) Section (R)(3), Gasoline dispensing facilities.
(x) Sections (U)(1) and the exemptions contained in (2)(h), Surface
coating miscellaneous metal parts and products.
(xi) Sections (X)(1) (a)(i), (b)(i), and the exemption contained in
(2)(d), Rubber tire manufacturing.
(xii) Sections (Z)(1)(b) through (h), (2), and (3), Storage of
petroleum liquid in external floating roof tanks. NOTE: USEPA is not
approving (Z)(1)(a).
(xiii) Section (AA) (1) and (2) (b) and (c), Dry cleaning facility.
NOTE: USEPA is not proposing to approve (AA)(2)(a).
(xiv) Sections (K)(4) (a), (b), and (c), for the Whirlpool
Corporation plants located in Marion, Sandusky, and Hancock Counties.
(xv) Section (X)(2)(d), Cooper Tire and Rubber tire manufacturing
facility located in Hancock County.
(4) Rule 3745-21-10; Compliance test methods and procedures.
(i) Sections (A) (3) and (4), General provisions.
(ii) Section (B) (3), (4) and (5), Methods for determining VOC
content of surface coating and inks.
(iii) Section (E) (4) and (7), Method for determining VOC emissions
from bulk gasoline terminals.
(iv) Section (K), Methods for detecting leaks of gasoline vapors.
(74)-(75) [Reserved]
(76) On April 9, 1986, the State of Ohio submitted a negative
declaration for natural gas/gasoline processing plants and manufacturers
of high-density polyethylene and polypropylene resins.
(i) Incorporation by reference.
(A) Letter dated April 9, 1986, from Warren W. Tyler, Director,
State of 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

[[Page 723]]

Corporation, effective January 3, 1986, Permit to Operate No.
0448020014P002 for Coulton Chemical Corporation, effective March 25,
1986.
(B) Special Term and Condition No. 3 of Permit to Operate No.
1431350817P001 for E.I. duPont de Nemours and Company (Fort Hill Plant),
effective March 2, 1984.
(ii) Additional material.
(A) September 5, 1985, letter from Charles M. Taylor, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency;
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental
Protection Agency.
(79) On April 9, 1986, the Ohio Environmental Protection Agency
(OEPA) submitted a request for a revision to the Ozone State
Implementation Plan (SIP) for the Huffy Corporation in Celina Ohio
(Mercer County). This revision was in the form of a rule which is
applicable to the Huffy Corporation in Mercer County.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-21-09(U)(2)(j),
effective May 9, 1986.
(80) On April 9, 1986, the Ohio Environmental Protection Agency
submitted a revision to the State Implementation Plan for ozone. The
revision consists of the reasonably available control technology (RACT)
III volatile organic compound regulations.
(i) Incorporation by reference. Ohio EPA OAC
(A) Rule 3745-21-01, Definitions. Paragraphs (K), (L), (M), and (N),
effective May 9, 1986. Ohio EPA OAC
(B) Rule 3745-21-04, Attainment Dates and Compliance Time Schedules.
Paragraphs (B)(1), and (C)(36) through (C)(39), effective May 9, 1986.
Ohio EPA OAC
(C) Rule 3745-21-09, Control of Emissions of Volatile Organic
Compounds from Stationary Sources. Paragraphs (A)(1), (A)(2), (A)(4),
(BB), (CC), (DD), (EE), and Appendix A, effective May 9, 1986. Ohio EPA
OAC
(D) Rule 3745-21-10, Compliance Test Method and Procedures.
Paragraphs (C), (F), (L), (M), (N), (O), and (P), effective May 9, 1986.
(81) On March 3, 1986, the Ohio Environmental Protection Agency
(OEPA) submitted Good Engineering Stack Height Regulations as a revision
to the Ohio State Implementation Plan (SIP).
(i) Incorporation by reference.
(A) Ohio Administrative Code Chapter 3745-16-01 and 02, entitled
``Definitions'' and ``Good Engineering Practice Stack Height
Regulations''. These rules were adopted by the State on February 12,
1986 and were effective on March 5, 1986.
(B) September 2, 1987 letter from Richard L. Shank, Ph.D., Director,
Ohio Environmental Protection Agency; to Valdas Adamkus, Regional
Administrator, USEPA.
(ii) Additional material.
(A) March 3, 1986, letter from Warren W. Tyler, Director, Ohio
Environmental Protection Agency; to Valdas 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

[[Page 724]]

State of Ohio Environmental Protection Agency Laws and Regulations.
(ii) Additional material.
(A) A June 30, 1987, letter from OEPA certified that the State did
not rely upon additional reductions through the offset policy to attain
or maintain the National Ambient Air Quality Standards.
(84) On June 1, 1987, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to Ohio's ozone SIP for the Goodyear
Tire and Rubber Company in St. Marys (Auglaize County) Ohio. The
revision was in the form of variances for adhesive application lines
K001 to K019 and exempts them from the requirements contained in Ohio
Administrative Code (OAC) Rule 3745-21-09(U). These variances expire on
(3 years and 30 days from date of publication). The accommodative SIP
for Auglaize County is removed for the period these variances are in
effect.
(i) Incorporation by reference.
(A) Condition Number 8 (which references Special Terms and
Conditions Numbers 1 through 5) within each of 19 ``State of Ohio
Environmental Protection Agency Variances to Operate An Air Contaminant
Source'', Application Numbers 0306010138K001-0306010138K019, for
Goodyear Tire and Rubber Company. The Date of Issuance is May 22, 1987.
(85) On February 17, 1988, and January 4, 1989, the Ohio
Environmental Protection Agency submitted a revision to the total
suspended particulate SIP for Youngstown Thermal Corporation located in
Youngstown, Ohio. This revision establishes a 0.02 lb/MMBTU emission
limit for the one gas and Number 2 oil-fired boiler (B001) and a 0.14
lb/MMBTU limit for the three coal-fired boilers (B002, B003, and B004).
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-17-01, effective in
Ohio on October 1, 1983; Rule 3745-17-03, effective in Ohio on October
15, 1983; and Rule 3745-17-10, effective in Ohio on October 1, 1983, as
they apply to Youngstown Thermal Energy Corporation in Youngstown, Ohio
only.
(86) [Reserved]
(87) On July 11, 1988, Ohio submitted its vehicle inspection and
maintenance regulation for Cuyahoga, Lake, Lorain, Hamilton, and Butler
Counties.
(i) Incorporation by reference.
(A) Ohio Administrative Code rules 3745-26-01, 3745-26-02, 3745-26-
03, 3745-26-04, 3745-26-05, 3745-26-06, 3745-26-07, 3745-26-08, and
3745-26-09, effective July 17, 1987.
(88) [Reserved]
(89) On February 28, 1989, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to Ohio's ozone SIP for the Navistar
International Transportation Corporation in Springfield, Ohio. It
modified this request on March 30, 1990. The revision is in the form of
variances for miscellaneous metal parts and products coating lines and
exempts them from the requirements contained in 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-

[[Page 725]]

09(N)(4); the relaxation from 3.5 to 6.2 lbs VOC/gallon for high
performance architectural aluminum coatings in 3745-21-
09(U)(1)(a)(viii); the exemption for new sources in 3745-21-09(U)(2)(f);
and the relaxation for miscellaneous metals coatings in 3745-21-
09(U)(1)(a)(vii).
(i) Incorporation by reference.
(A) Amendments to Ohio Administrative Code Rule 3745-21-01,
effective on May 9, 1986.
(B) Amendments to Ohio Administrative Code Rule 3745-21-04,
effective on May 9, 1986.
(C) Amendments to Ohio Administrative Code Rule 3745-21-09,
effective on May 9, 1986, except for:
(1) 3745-21-09(D)(1)(e) and (D)(2)(e) (proposed relaxation for food
can end sealing);
(2) 3745-21-09(N)(3)(e) (proposed revision to the exemption for the
application by hand of any cutback or emulsified asphalt for patching
crack sealing);
(3) 3745-21-09(N)(4) (recordkeeping requirements);
(4) 3745-21-09(U)(1)(a)(viii) (relaxation from 3.5 to 6.2 lbs VOC.
gal for high performance architectural aluminum coatings);
(5) 3745-21-09(U)(2)(f) (the exemption for new sources); and
(6) 3745-21-09(U)(1)(a)(vii) (relaxation for miscellaneous metal
coatings).
(D) Amendments to Ohio Administrative Code Rule 3745-21-10,
effective May 9, 1996.
(91) On September 30, 1983, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to the ozone SIP for Ludlow Flexible
Packaging, Inc. (Ludlow), located in Mt. Vernon (Knox County), Ohio.
This revision was in the form of variances and permits that established
a bubble with monthly averaging between 22 paper coating and printing
lines (sources K001-K022) and a compliance date extension to June 30,
1987. On January 13, 1987, the OEPA submitted additional information
concerning this revision stating that several of the printing lines have
been or will be permanently shut down and the remaining lines will be
controlled by thermal incineration in accordance with OAC Rule 3745-21-
09(Y). In addition, four of the paper coating lines (K017-K019, K022)
have been removed from the plant. Therefore, only eight paper coating
lines (K011-K016, K020 and K021) remain under the bubble. This revision
exempts these lines from the control requirements contained in Ohio
Administrative Code (OAC) Rules 3745-21-09(F) and 3745-21-09(Y). These
variances and permits expire on April 22, 1996.
The accommodative SIP for Knox County will be canceled upon approval
of this SIP revision.
(i) Incorporation by reference.
(A) Condition Number 8 (which references Special Terms and
Conditions Numbers 1-7 within each of the 5 ``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

[[Page 726]]

and procedures, Sections (D)(7); (D)(8)(a) to (D)(8)(e); (E)(5);
(E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 11,
1991, and effective on October 31, 1991.
(C) Ohio Administrative Code (OAC) Rule 3745-18-37, Hamilton county
emission limits, dated February 22, 1993, and effective on March 10,
1993.
(D) Director's Final Findings and Order for Cincinnati Gas and
Electric Company, Miami Fort Station, dated February 22, 1993.
(93) In a letter dated October 16, 1992, the OEPA submitted a
revision to the Carbon Monoxide State Implementation Plan for Cuyahoga
County. This revision contains a maintenance plan that the area will use
to maintain the CO NAAQS. The maintenance plan contains an oxygenated
fuels program as a contingency measure to be implemented if the area
violates the CO NAAQS.
(i) Incorporation by reference.
(A) Letter dated October 16, 1992, from Donald R. Schregardus,
Director, Ohio Environmental Protection Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosures entitled ``Table 1 Cuyahoga County Carbon Monoxide
Emission Inventory'', Enclosure B ``Cuyahoga County carbon monoxide SIP
submittal'', and section 6.0 of Enclosure C ``Cuyahoga County Carbon
Monoxide Modeling Study Final Report.''
(ii) Additional information.
(A) Letter dated January 14, 1993, from Donald R. Schregardus,
Director, Ohio Environmental Protection Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(B) Letter dated February 10, 1993, from Robert F. Hodanbosi, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency
to David Kee, Director, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5.
(C) Letter dated July 29, 1993, from Robert F. Hodanbosi, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency
to David Kee, Director, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5.
(94) On June 24, 1985, the Ohio Environmental Protection Agency
submitted revisions to its ozone control State Implementation Plan which
would establish a volatile organic compounds (VOC) bubble and
alternative VOC reasonably available control technology for vinyl and U-
frame vinyl coating lines at Columbus Coated Fabrics in Franklin County,
Ohio.
(i) Incorporation by reference.
(A) Condition Number 8 (which references special Terms and
Conditions Numbers 1 through 7) within each of 15 State of Ohio
Environmental Protection Agency Permits and Variances to Operate an Air
Contaminant Source, 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.

[[Page 727]]

(A) Letter from the Director, Ohio Environmental Protection Agency,
dated November 18, 1992, and additional materials.
(96) On June 9, 1988, and August 24, 1990, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan for ozone. The revisions consist of new non-Control Technique
Guideline volatile organic compound (VOC) rules and corrections to
existing VOC rules.
(i) Incorporation by reference.
(A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01,
Definitions, Paragraphs (A), (B), (C), (D)(1) through (5), (D)(7),
(D)(9) through (62), (E) through (S); effective August 22, 1990.
(B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time
Schedules, Paragraphs (A), (B), (C); effective August 22, 1990.
(C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraphs (A), (B), (C)
through (H), (J), (K), (M), (P), (S), (T), (V), (X), (Y), (BB), (CC),
(FF) through (NN), (PP), effective August 22, 1990.
(D) OEPA OAC Rule 3745-21-10, Compliance Test Methods and
Procedures, Paragraphs (B), (D), (F), (G), (I) through (N), (P);
effective August 22, 1990.
(97) On November 14, 1991, December 4, 1991, and January 8, 1992,
OEPA submitted revisions to its particulate matter plan, including
Statewide rule revisions, rule revisions for specific facilities in
Cuyahoga and Jefferson Counties, and supplemental materials to address
the requirements of part D of title I of the Clean Air Act for the
Cuyahoga and Jefferson County nonattainment areas. Rules 3745-17-
03(B)(10)(c) and 3745-17-12(P)(6)(a) (concerning quench water limits)
are not approved.
(i) Incorporation by reference.
(A) Rule 3745-17-01--Definitions, effective December 6, 1991.
(B) Rule 3745-17-02--Ambient air quality standards, effective June
14, 1991.
(C) Rule 3745-17-03--Measurement methods and procedures, effective
December 6, 1991, except for paragraph (B)(10)(c) which is disapproved.
(D) Rule 3745-17-04--Compliance time schedules, effective December
6, 1991.
(E) Rule 3745-17-07--Control of visible particulate emissions from
stationary sources, effective June 14, 1991.
(F) Rule 3745-17-08--Restriction of emission of fugitive dust,
effective June 14, 1991.
(G) Rule 3745-17-09--Restrictions on particulate emissions and odors
from incinerators, effective July 9, 1991.
(H) Rule 3745-17-10--Restrictions on particulate emissions from fuel
burning equipment, effective June 14, 1991.
(I) Rule 3745-17-11--Restrictions on particulate emissions from
industrial processes, effective June 14, 1991.
(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,

[[Page 728]]

1992, and attachments, supplementing the November 14, 1991, submittal.
(98) On April 20, 1994, and March 7, 1995, Ohio submitted Rule 3745-
35-07, entitled ``Federally Enforceable Limitations on Potential to
Emit,'' and requested authority to issue such limitations as conditions
in State operating permits.
(i) Incorporation by reference. Rule 3745-35-07, adopted November 3,
1994, effective November 18, 1994. Rescinded in 2008; see paragraph
(c)(156) of this section.
(99) [Reserved]
(100) On March 22, 1994, the Ohio Environmental Protection Agency
submitted a revision request to Ohio's ozone SIP for approval of the
State's emissions statement program. The emissions statement program
requirements apply to sources in the following counties: Ashtabula,
Butler, Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga, Greene,
Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami,
Montgomery, Portage, Stark, Summit, Trumbull, Warren, and Wood.
(i) Incorporation by reference.
(A) Ohio Administrative Code rules 3745-24-01, 3745-24-02, 3745-24-
03, and 3745-24-04, effective April 1, 1994.
(101) On November 12, 1993 the Ohio Environmental Protection Agency
submitted a vehicle inspection and maintenance program in accordance
with section 110 of the Clean Air Act as amended in 1990. The new
program replaces I/M programs in operation in the Cleveland and
Cincinnati areas and establishes new programs in Dayton and any area
designated moderate nonattainment or any area where local planning
authorities have requested the State to implement a program.
(i) Incorporation by reference.
(A) Ohio Administrative Code Amended Rules 3745-26-01, 3754-26-02,
3745-26-10, and rules 3745-26-12, 3745-26-13, and 3745-26-14, all made
effective on June 13, 1994.
(ii) Other material.
(A) Certification letter from the Director of the Ohio Environmental
Protection Agency regarding the State process in developing the I/M
rules and the I/M program.
(B) Letter dated June 22, 1994, from the Director of OEPA regarding
implementation of an I/M program in the Toledo area in the event the
State's request for redesignation to attainment for that area is not
approved by USEPA.
(102) On June 7, 1993, and February 17, 1995, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan (SIP) for ozone. The revisions include 19 new non-Control Technique
Guideline volatile organic compound (VOC) rules, Findings and Orders for
5 companies, and two permits to install.
(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.

[[Page 729]]

(F) Permit to Install, Application Number 14-2096, for Hilton Davis
Company, APS Premise Number 1431070039. The date of issuance is June 12,
1991.
(103) On June 7, 1993, and February 17, 1995, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan (SIP) for ozone. The revisions include one new non-Control
Technique Guideline volatile organic compound (VOC) rule, corrections to
existing VOC rules, and two permits-to-install.
(i) Incorporation by reference.
(A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01,
Definitions, Paragraphs (B)(1), (B)(2), (B)(6), (D)(6), (D)(8), (D)(22),
(D)(45), (D)(48), (D)(58), (M)(8); effective January 17, 1995.
(B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time
Schedules, Paragraphs (B), (C)(3)(c), (C)(4)(b), (C)(5)(b), (C)(6)(b),
(C)(8) (b) and (c), (C)(9)(b), (C)(10)(b), (C)(19) (b), (c), and (d),
(C)(28)(b), (C)(38), (C)(39), (C)(42), (C)(43), (C)(44), (C)(45),
(C)(47), (C)(55), (C)(65); effective January 17, 1995.
(C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraphs (A), (C) through
(L), (N) through (T), (X), (Y), (Z), (BB), (CC), (DD), (UU), Appendix A;
effective January 17, 1995.
(D) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraph (B) except
(B)(3)(d) and (e) for the Ohio Counties of Ashtabula, Butler, Clermont,
Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and
Warren; effective January 17, 1995.
(E) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraph (U) except
(U)(1)(h) statewide and (U)(2)(e)(ii) for the Ohio Counties of
Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain,
Medina, Portage, Summit, and Warren; effective January 17, 1995.
(F) OEPA OAC Rule 3745-21-10, Compliance Test Methods and
Procedures, Paragraphs (A), (B), (C), (E), (O); effective January 17,
1995.
(G) Permit to Install, Application Number 04-204, for Abitibi-Price
Corporation, APS Premise Number 0448011192. The date of issuance is July
7, 1983.
(H) Permit to Install, Application Number 08-3273, for General
Motors Corporation Delco Chassis Division, APS Premise Number
0857040935. The date of issuance is February 13, 1995.
(ii) Additional material.
(A) On June 7, 1993, the OEPA submitted negative declarations for
the source categories of polypropylene or high density polyethylene
resin manufacturing, natural gas/gasoline processing plants, and surface
coating of flat wood paneling. These negative declarations are approved
into the Ohio ozone SIP.
(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

[[Page 730]]

Finding and Order which requires the enclosure of the ``oily ditch''
into the SIP for Lucas and Wood Counties.
(i) Incorporation by reference.
(A) Letter dated June 2, 1994, from Donald R. Schregardus, Director,
Ohio Environmental Protection Agency, to Valdas Adamkus, Regional
Administrator, USEPA, Region 5, and one enclosure which is the revised
Director's Final Findings and Orders in the matter of BP Oil company,
Toledo Refinery, 4001 Cedar Point Road, Oregon, Ohio, Fugitive Emissions
from the Refinery Waste Water System ``Oily Ditch'', effective June 2,
1994.
(106) On October 7, 1994, Ohio submitted four rules in Chapter 3745-
71 of the Ohio Administrative Code, entitled ``Lead Emissions,'' and
submitted a modeling demonstration that the limitations in these rules
assure attainment of the lead standard in central Cleveland.
(i) Incorporation by reference. Rules 3745-71-01, 3745-71-03, 3745-
71-05, and 3745-71-06, all adopted September 22, 1994, and effective
October 4, 1994.
(ii) Additional material. A submittal letter from the Director of
the Ohio Environmental Protection Agency, with attachments documenting a
modeling analysis of lead concentrations near the Master Metals
secondary lead smelter.
(107)-(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.

[[Page 731]]

(113) On August 30, 1996, Ohio submitted a request to extend the
exemption from opacity limits for the boilers at Ford's Cleveland Engine
Plant 1 to six hours after start-up.
(i) Incorporation by reference.
(A) Findings and Orders for boilers number 1 through number 5 at
Ford's Cleveland Engine Plant 1, signed by Donald Schregardus on May 31,
1996.
(114) On November 12, 1996, the Ohio Environmental Protection Agency
submitted a request to incorporate section(G)(9)(g) of Rule 3745-21-07
of the Ohio Administrative Code into the Ohio State Implementation Plan
(SIP). Section (G)(9)(g) provides an additional exemption from organic
compound emission controls for qualifying new sources. Because, in the
process of adopting section(G)(9)(g), minor editorial changes were made
to other parts of Rule 3745-21-07, the United States Environmental
Protection Agency is incorporating all of Rule 3745-21-07 into the Ohio
SIP. This will avoid confusion by making the SIP approved rule identical
to the current State rule.
(i) Incorporation by reference.
(A) Rule 3745-21-07 of the Ohio Administrative Code, adopted October
7, 1996, effective October 31, 1996, as certified by Donald R.
Schregardus, Director of the Ohio Environmental Protection Agency.
Rescinded in 2008; see paragraph 154 of this section.
(115) On January 3, 1997, the Ohio EPA submitted a revision to the
Hamilton County sulfur dioxide implementation plan for the Procter and
Gamble Company, Ohio Administrative Code 3745-18-37(GG)(2), which limits
combined average operating rate of all boilers (B001, B008, B021, and
B022) to a maximum of 922 million BTU per hour for any calendar day.
Boilers B001 and B008 are each allowed to emit 1.1 pounds of sulfur
dioxide per million BTU actual heat input. Boiler B021 is limited to
1.50 pounds of sulfur dioxide per million BTU; and boiler B022 is
limited to 2.0 pounds of sulfur dioxide per million BTU average heat
input.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-18-37(GG)(2), Hamilton
County emission limits, dated December 17, 1996, for Procter and Gamble
Company.
(B) Director's Findings and Orders in the matter of the adoption of
amended 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.

[[Page 732]]

(A) Rule 3745-18-49 (G) and (H) of the Ohio Administrative Code,
effective May 11, 1987.
(119) On September 21, 1998, Ohio submitted revisions to its Permit
to Operate rules as a revision to the State implementation plan.
(i) Incorporation by reference
(A) Ohio Administrative Code 3745-35-02, adopted April 4, 1994,
effective April 20, 1994. Rescinded in 2008; see paragraph (c)(156) of
this section.
(120) On January 3, 1999, Ohio submitted, as a State implementation
plan revision, de minimis exemption provisions for its permitting rules.
(i) Incorporation by reference
(A) Ohio Administrative Code 3745-15-05, adopted April 4, 1994,
effective April 20, 1994.
(121) On March 20, 2000, the Ohio Environmental Protection Agency
submitted rules to control sulfur dioxide emissions in Coshocton, Gallia
and Lorain Counties.
(i) Incorporation by reference. Rules OAC 3745-18-22; OAC 3745-18-
33; and OAC 3745-18-53. Adopted March 1, 2000; effective March 21, 2000.
(122) On October 6, 1999, the Ohio Environmental Protection Agency
submitted revised Transportation Conformity rules for the State of Ohio.
The submittal made revisions to the current State plan for the
implementation of the federal transportation conformity requirements at
the State and local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation
Plans, Programs, and Projects Developed, Funded or Approved Under Title
23 U.S.C. or the Federal Transit Act. Only certain sections of the
submittal are approved.
(i) Incorporation by reference.
(A) Ohio Administrative Code: amended rules, OAC 3745-101-02, OAC
3745-101-03 (A), (B), (C), (D), (G), (H), (I), (J), (K), (L), except (E)
and (F), OAC 3745-101-05, OAC 3745-101-06, OAC 3745-101-07 (A), (B), (C)
except for (C)(1)(a) and (C)(2)(a), (D), (E), (F), (G), (H), (I), (J),
OAC 3745-101-08, OAC 3745-101-09, OAC 3745-101-10, OAC 3745-101-11, OAC
3745-101-12 except for (A)(2), OAC 3745-101-13 except (A)(1), OAC 3745-
101-14, OAC 3745-101-15, OAC 3745-101-17, OAC 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-

[[Page 733]]

71. Adopted March 1, 2000, effective March 21, 2000.
(B) Rule OAC 3745-18-49(F), effective May 11, 1987.
(126) On March 1, 1996, and several subsequent dates, Ohio submitted
revisions to its Permit to Install rules as a revision to the State
implementation plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-31-21, effective April
27, 1998; OAC Rules 3745-31-22 through 3745-31-27, effective April 12,
1996; OAC Rules 3745-47-01, 3745-47-2, and 3745-47-03, effective June
30, 1981; OAC Rule 3745-47-05, effective June 30, 1981; OAC Rule 3745-
47-07, effective June 30, 1981; and OAC Rule 3745-47-08(D), effective
August 10, 1999.
(127) On July 18, 2002, Ohio submitted revisions to its Permit to
Install rules as a revision to the State implementation plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rules 3745-31-01, 3745-31-02, 3745-31-
03, 3745-31-05, and 3745-31-07 effective November 30, 2001.
(128) On July 11, 2002, the Ohio Environmental Protection Agency
submitted revisions to Chapter 3745-14-(1 through 11) of the Ohio
Administrative Code (OAC), an oxides of nitrogen (NOX) budget
trading program in Ohio, with a request that the Ohio State
Implementation Plan be revised to include these NOX rules.
(i) Incorporation by reference.
(A) Ohio NOX rules: 3745-14-01, 3745-14-02, 3745-14-03,
3745-14-04, 3745-14-05, 3745-14-06, 3745-14-07, 3745-14-08, 3745-14-09,
3745-14-10, 3745-14-11 in the OAC all with an effective date of July 18,
2002.
(ii) On June 25, 2003, the Ohio Environmental Protection Agency
submitted a letter committing to change the flow control date, in rule
3745-14-06(E)(6) from 2006 to 2005, within approximately 6 months of the
effective date of the submittal date.
(129) On September 27, 2003, the Ohio Environmental Protection
Agency submitted revised rules for sulfur dioxide. The submittal
includes revised provisions in Rules 3745-18-01, 3745-18-04, and 3745-
18-06, relating to natural gas use, as well as special provisions in
Rule 3745-18-04 for compliance testing for 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

[[Page 734]]

source identification for the ozone seasons 2004 through 2007).
(i) Incorporation by reference.
(A) Ohio Administrative Code rules 3745-14-01, 3745-14-03, and 3745-
14-05, effective May 25, 2004.
(133) On May 20, 2005, the Ohio Environmental Protection Agency
submitted volatile organic compound (VOC) regulations for five source
categories in the Cincinnati ozone nonattainment area. These regulations
complete the requirement that all VOC reasonably available control
technology (RACT) regulations, for which there are eligible sources,
have been approved by EPA into the SIP for the Cincinnati ozone
nonattainment area.
(i) Incorporation by Reference. The following sections of the Ohio
Administrative Code (OAC) are incorporated by reference.
(A) OAC rule 3745-21-01(U), (definitions for commercial bakery oven
facilities), effective May 27, 2005.
(B) OAC rule 3745-21-01(V), (definitions for reactors and
distillation units employed in SOCMI chemical production), effective May
27, 2005.
(C) OAC rule 3745-21-01(W), (definitions for batch operations),
effective May 27, 2005.
(D) OAC rule 3745-21-01(X), (definitions for wood furniture
manufacturing operations), effective May 27, 2005.
(E) OAC rule 3745-21-01(Y), (definitions for industrial wastewater),
effective May 27, 2005.
(F) OAC rule 3745-21-12: ``Control of Volatile Organic Compound
Emissions from Commercial Bakery Oven Facilities'', effective May 27,
2005.
(G) OAC rule 3745-21-13: ``Control of Volatile Organic Compound
Emissions from Reactors and Distillation Units Employed in SOCMI
Chemical Production'', effective May 27, 2005.
(H) OAC rule 3745-21-14: ``Control of Volatile Organic Compound
Emissions from Process Vents in Batch Operations'', effective May 27,
2005.
(I) OAC rule 3745-21-15: ``Control of Volatile Organic Compound
Emissions from Wood Furniture Manufacturing Operations'', effective May
27, 2005.
(J) OAC rule 3745-21-16: ``Control of Volatile Organic Compound
Emissions from Industrial Wastewater'', effective May 27, 2005.
(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).

[[Page 735]]

(C) Engineering Guide 13, as revised by Ohio EPA, Division of Air
Pollution Control, on June 20, 1997.
(D) Engineering Guide 15, as revised by Ohio EPA, Division of Air
Pollution Control, on June 20, 1997.
(ii) Additional material.
(A) Letter from Robert Hodanbosi, Chief of Ohio EPA's Division of
Air Pollution Control, to EPA, dated February 12, 2003.
(B) Telefax from Tom Kalman, Ohio EPA, to EPA, dated January 7,
2004, providing supplemental documentation of emissions estimates for
Ford's Cleveland Casting Plant.
(C) Memorandum from Tom Kalman, Ohio EPA to EPA, dated February 1,
2005, providing further supplemental documentation of emission
estimates.
(D) E-mail from Bill Spires, Ohio EPA to EPA, dated April 21, 2005,
providing further modeling analyses.
(135) On May 9, 2006, the Ohio Environmental Protection Agency
submitted several volatile organic compound rules for approval into the
Ohio State Implementation Plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code Chapter 3745-21-01 Definitions:
Paragraphs (D) and (Z), adopted 1/31/2006, effective 2/10/2006.
(B) Ohio Administrative Code Chapter 3745-21-04 Attainment dates and
compliance time schedules: Paragraph (C)(16)(c), adopted 1/31/2006,
effective 2/10/2006.
(C) Ohio Administrative Code Chapter 3745-21-09 Control of emissions
of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities: Paragraphs
(O)(2)(e),(O)(6)(b),(T)(4),(Y), (HH), (RR), and (VV), adopted 3/2/2006,
effective 3/12/2006.
(D) Ohio Administrative Code Chapter 3745-21-17: Portable Fuel
Containers, adopted 1/31/2006, effective 2/10/2006.
(E) Ohio Administrative Code Chapter 3745-21-18: Commercial Motor
Vehicle and Mobile Equipment Refinishing Operations, adopted 1/31/2006,
effective 2/10/2006.
(136) On May 16, 2006, Ohio submitted numerous regulations for
sulfur dioxide. These regulations were submitted 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

[[Page 736]]

January 13, 2006, effective January 23, 2006.
(B) January 13, 2006, ``Director's Final Findings and Orders'',
signed by Joseph P. Koncelik, Director, Ohio Environmental Protection
Agency, adopting the rules identified in paragraph (A) above.
(C) Ohio Administrative Code Rules 3745-18-08 ``Allen County
emission limits.'', 3745-18-15 ``Butler County emission limits.'', 3745-
18-24 ``Cuyahoga County emission limits.'', and 3745-18-54 ``Lucas
County emission limits.'', adopted on March 16, 2006, effective March
27, 2006.
(D) March 16, 2006, ``Director's Final Findings and Orders'', signed
by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency,
adopting rules 3745-18-08, 3745-18-15, 3745-18-24, and 3745-18-54.
(E) Ohio Administrative Code Rule 3745-18-82 ``Stark County emission
limits.'', adopted on November 28, 2007, effective December 8, 2007.
(F) November 28, 2007, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency, adopting rule 3745-18-82.
(137) On January 31, 2007, Ohio requested to rescind certain
transportation conformity rules from the Ohio State Implementation Plan,
which were previously approved in paragraph (c)(122) of this section.
The rules that are being rescinded at Ohio's request are 3745-101-05,
3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-101-10, 3745-
101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-16, 3745-101-18,
3745-101-19, and 3745-101-20.
(138) On February 14, 2006, and October 6, 2006, the State of Ohio
submitted a revision to the Ohio State Implementation Plan. This
revision is for the purpose of establishing a gasoline Reid Vapor
Pressure (RVP) limit of 7.8 pounds per square inch (psi) for gasoline
sold in the Cincinnati and Dayton areas which include Hamilton, Butler,
Warren, Clermont, Clark, Greene, Miami, and Montgomery Counties.
(139) On May 1, 2006, and supplemented on May 22, 2007, Ohio
submitted final adopted state implementation plan revisions which
concurrently rescinds and revises portions of the Ohio 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

[[Page 737]]

Korleski, Director, Ohio Environmental Protection Agency.
(C) Ohio Administrative Code Rule 3745-109-02 ``CAIR designated
representative for CAIR NOX sources.'', Rule 3745-109-03
``Permits.'', Rule 3745-109-05 ``CAIR NOX allowance tracking
system.'', Rule 3745-109-06 ``CAIR NOX allowance
transfers.'', Rule 3745-109-09 ``CAIR designated representative for CAIR
SO2 sources.'', Rule 3745-109-10 ``Permits.'', Rule 3745-109-
15 ``CAIR designated representative for CAIR NOX ozone season
sources.'', and Rule 3745-109-16 ``Permits.'', adopted on September 17,
2007, effective on September 27, 2007.
(D) September 17, 2007, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(141) Ohio Environmental Protection Agency, on June 16, 2005,
submitted amendments to the State Implementation Plan to control
nitrogen oxide emissions from internal combustion engines in new rule
Ohio Administrative Code (OAC) 3745-14-12. This rule adds stationary
internal combustion engines to the list of sources in the Ohio
NOX SIP Call emission reduction program. Also, OAC 3745-14-
01, General Provisions, is amended. This rule contains definitions used
for the nitrogen oxides rules, expands the definition of NOX
budget unit, adds definitions for the internal combustion engine rule,
amends definition associated with continuous emissions monitoring, and
makes corrections to typographical errors. OAC 3745-14-05 Portions of
this rule are amended to correctly line up with the changes made in the
definitions section of the NOX plan. Typographical errors are
also corrected.
(i) Incorporation by reference. The following sections of the Ohio
Administrative Code (OAC) are incorporated by reference.
(A) OAC 3745-14-01, General Provisions, effective on May 07, 2005.
(B) OAC 3745-14-05, NOX Allowance Allocations, effective
on May 07, 2005.
(C) OAC 3745-14-12, Stationary Internal Combustion Engines,
effective on May 7, 2005.
(142) [Reserved]
(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),

[[Page 738]]

(WWW), (XXX), (YYY), (ZZZ), (CCCC), (DDDD), (EEEE), (FFFF), (GGGG),
(HHHH), (IIII), (JJJJ), (KKKK), (LLLL), (MMMM), (OOOO), (PPPP), (QQQQ),
(SSSS), (VVVV), (WWWW), (XXXX), (ZZZZ), (DDDDD), (EEEEE), (HHHHH),
(KKKKK), (LLLLL), (PPPPP), (QQQQQ), (UUUUU), and (XXXXX), adopted on
October 18, 2004, effective October 28, 2004.
(B) Ohio Administrative Code Rules 3745-31-01, Definitions: (III)
and (SSS), 3745-31-10 ``Air Stationary Source Obligations.'', and 3745-
31-22 ``Nonattainment Provisions--Conditions for Approval'', adopted on
October 18, 2004, effective October 28, 2004 and revised by the November
15, 2005 letter from Joseph P. Koncelik to Thomas Skinner. This letter,
included as Additional material in paragraph (145)(ii)(B) below, removes
references to the Pollution Control Project (PCP) and Clean Unit
provisions vacated by a June 24, 2005 DC Circuit Court of Appeals
decision.
(C) Ohio Administrative Code Rules 3745-31-09 ``Air permit to
install completeness determinations, public participation and public
notice.'', 3745-31-13 ``Attainment provisions--review of major
stationary sources and major modifications, stationary source
applicability and exemptions.'', 3745-31-15 ``Attainment provisions--
Control Technology Review.'', 3745-31-21 ``Nonattainment provisions--
review of major stationary sources and major modifications--stationary
source applicability and exemptions.'', 3745-31-24 ``Non-attainment
Provisions--Baseline for Determining Credit for Emission and Air Quality
Offsets.'', 3745-31-26 ``Nonattainment Provisions--Offset Ratio
Requirements.'', and 3745-31-32 ``Plantwide applicability limit
(PAL).'', adopted on October 18, 2004, effective October 28, 2004.
(D) October 18, 2004, ``Director's Final Findings and Orders'',
signed by Christopher Jones, Director, Ohio Environmental Protection
Agency, adopting rules 3745-31-01, 3745-31-09, 3745-31-10, 3745-31-13,
3745-31-15, 3745-31-21, 3745-31-22, 3745-31-24, 3745-31-26, 3745-31-30,
3745-31-31, and 3745-31-32.
(ii) Additional material.
(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.

[[Page 739]]

(H) Ohio Administrative Code Rule 3745-21-10 ``Compliance test
methods and procedures.'', adopted August 15, 2008, effective August 25,
2008.
(I) Ohio Administrative Code Rule 3745-21-12 ``Control of volatile
organic compound emissions from commercial bakery oven facilities.'',
adopted August 15, 2008, effective August 25, 2008.
(J) Ohio Administrative Code Rule 3745-21-13 ``Control of volatile
organic compounds from reactors and distillation units employed in SOCMI
chemical production.'', adopted August 15, 2008, effective August 25,
2008.
(K) Ohio Administrative Code Rule 3745-21-14 ``Control of Volatile
organic compound emissions from process vents in batch operations.'',
adopted March 23, 2009, effective April 2, 2009.
(L) Ohio Administrative Code Rule 3745-21-15 ``Control of volatile
organic compound emissions from wood furniture manufacturing
operations.'', adopted August 15, 2008, effective August 25, 2008.
(M) Ohio Administrative Code Rule 3745-21-16 ``Control of volatile
organic compound emissions from industrial wastewater.'', adopted March
23, 2009, effective April 2, 2009.
(N) Ohio Administrative Code Rule 3745-21-18 ``Commercial Motor
Vehicle and Mobile Equipment Refinishing Operations.'', adopted March
23, 2009, effective April 2, 2009.
(O) Ohio Administrative Code Rule 3745-21-19 ``Control of volatile
organic compound emissions from aerospace manufacturing and rework
facilities.'', adopted August 15, 2008, effective August 25, 2008.
(P) Ohio Administrative Code Rule 3745-21-20 ``Control of volatile
organic compound emissions from shipbuilding and ship repair
operations.'', adopted August 15, 2008, effective August 25, 2008.
(Q) Ohio Administrative Code Rule 3745-21-21 ``Storage of volatile
organic liquids in fixed roof tanks and external floating roof tanks.'',
adopted March 23, 2009, effective April 2, 2009.
(R) Ohio Administrative Code Rule 3745-21-22 ``Lithographic and
letterpress printing.'', adopted March 23, 2009, effective April 2,
2009.
(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

[[Page 740]]

Carbon Monoxide and Volatile Organic Compounds regulations. The
pertinent provisions are in OAC 3745-21-09; for other rules in these
submittals, later versions have been addressed in separate rulemaking
(see paragraph 146 of this section).
(i) Incorporation by reference.
(A) The following paragraphs of OAC 3745-21-09, entitled ``Control
of emissions of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities,'' as adopted by Ohio on
October 25, 2002, effective on November 5, 2002:
(1) Paragraphs (A)(4), (B)(3)(a), (B)(3)(d), (B)(3)(e), (B)(3)(f),
(B)(3)(h), (B)(3)(j), (B)(3)(l), (B)(4)(a), (B)(4)(b), (C)(4), (H)(1),
(H)(3), (O)(5)(b), (O)(6), (R)(4), (U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b),
(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4), (KK)(1), (NN), (OO),
(PP)(2), (UU)(3), (DDD), and Appendix A.
(2) Within paragraph (U), the undesignated paragraph following
(U)(2)(e).
(B) October 25, 2002, ``Director's Final Findings and Orders'',
signed by Christopher Jones, Director, Ohio Environmental Protection
Agency.
(ii) Additional Information. The following permits to install
authorizing exemptions under OAC Rule 3745-21-09(U)(2)(f) were issued by
Ohio during the time period when the State had unilateral authority to
issue them.
(A) Permit To Install issued by the State Of Ohio to Chase
Industries, Inc, Cincinnati, OH, on June 24, 1998, for emissions unit
K002, pursuant to application number 14-4578.
(B) Permit To Install issued by the State Of Ohio to CAE Ransohoff,
Inc., Union, OH, on March 5, 1997, for emissions units K001 and K002,
pursuant to application number 14-4268.
(C) Permit To Install issued by the State Of Ohio to Phoenix
Presentations, Inc., Butler County, OH, on January 21, 1999, for
emissions units R001, R002, and R003, pursuant to application number 14-
4612.
(D) Permit To Install issued by the State Of Ohio to CTL Aerospace,
Inc., Cincinnati, OH, on August 19, 1998, for emissions unit R005,
pursuant to application number 14-4572.
(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.

[[Page 741]]

(P) Permit To Install issued by the State Of Ohio to American Trim,
LLC (formerly Superior Metal Products), Lima, OH, on July 23, 1997, for
emissions unit K002, pursuant to application number 03-0397.
(150) On August 22, 2008, Ohio submitted revisions to
Ohio Administrative Code Chapter 3745-17, Rules 3745-17-01 through
3745-112-14. The revisions contain particulate matter standards in the
State of Ohio necessary to attain and maintain the 2006 24-hour
PM2.5, annual PM2.5 and 24-hour PM10
NAAQS.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-17-01 Definitions: (A) and
(B), Rule 3745-17-02 Ambient air quality standards, Rule 3745-17-04
Compliance time schedules, Rule 3745-17-07 Control of visible
particulate emissions from stationary sources, Rule 3745-17-08
Restriction of emission of fugitive dust, Rule 3745-17-09 Restrictions
on particulate emissions and odors from incinerators, Rule 3745-17-10
Restrictions on particulate emissions from fuel burning equipment, Rule
3745-17-12 Additional restrictions on particulate emissions from
specific air contaminant sources in Cuyahoga county, Rule 3745-17-13
Additional restrictions on particulate emissions from specific air
contaminant sources in Jefferson county, and Rule 3745-17-14 Contingency
plan requirements for Cuyahoga and Jefferson counties. The rules became
effective on February 1, 2008.
(B) January 22, 2008, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(ii) Additional Information.
(A) Ohio Administrative Code Rule 3745-17-01 Definitions: (C),
effective on February 1, 2008.
(151) On September 10, 2009, Ohio EPA submitted amendments to the
OAC with the intent to consolidate Ohio's Ambient Air Quality Standards
into a single rule to provide greater accessibility for the regulated
community and to the citizens of Ohio. EPA is approving the request
because the revisions clarify the state's rules and thus better 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

[[Page 742]]

compound emissions from offset lithographic printing and letterpress
printing facilities.'', effective February 10, 2010.
(B) January 29, 2010, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio EPA.
(153) On November 10, 2010, the Ohio Environmental Protection Agency
(Ohio EPA) submitted new rule OAC 3745-21-25 ``Control of VOC Emissions
from Reinforced Plastic Composites Production Operations'' for approval
into its state implementation plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-25 ``Control of VOC
Emissions from Reinforced Plastic Composites Production Operations,''
effective November 11, 2010.
(B) November 1, 2010, ``Director's Final Findings and Orders,''
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(ii) Additional material. (A) An October 25, 2010, letter from
Robert F. Hodanbosi, Chief Division of Air Pollution Control of the Ohio
Environmental Protection Agency to Susan Hedman, Regional Administrator,
containing documentation of noninterference, under section 110(l) of the
Clean Air Act, of the less stringent applicability cutoff for sheet mold
compound machines.
(154) On April 7, 2008, the Ohio Environmental Protection Agency
(Ohio EPA) submitted revised rule ``Control of emissions of organic
materials from stationary sources (i.e., emissions that are not
regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-
21-15, 3745-21-16, or 3745-21-18 of the Administrative Code).'' On
February 8, 2008, the previously existing rule 3745-21-07 was rescinded
by Ohio EPA.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-07 ``Control of emissions
of organic materials from stationary sources (i.e., emissions that are
not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14,
3745-21-15, 3745-21-16, or 3745-21-18 of the Administrative Code),''
effective February 18, 2008.
(B) February 18, 2008, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(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

[[Page 743]]

30, 2008, the state regulations to implement the PTIO program became
effective and OAC 3745-35 was rescinded.
(i) Incorporation by reference.
(A) Paragraph (A) of Ohio Administrative Code Rule 3745-15-03,
``Submission of emission information.'', effective June 30, 2008.
(B) Ohio Administrative Code Rule 3745-31-01, ``Definitions.'',
effective December 14, 2007, except for paragraphs (I), (LLL)(2)(a)(ix),
(LLL)(2)(a)(xxi), (LLL)(4)(t), and (QQQ)(1)(b).
(C) Ohio Administrative Code Rule 3745-31-02, ``Applicability,
requirements, and obligations.'', effective June 30, 2008.
(D) Ohio Administrative Code Rule 3745-31-03, ``Exemptions.'',
effective June 30, 2008.
(E) Ohio Administrative Code Rule 3745-31-04, ``Applications.'',
effective June 30, 2008.
(F) Ohio Administrative Code Rule 3745-31-05, ``Criteria for
decision by the director.'', effective June 30, 2008, except for
paragraph (A)(3)(a)(ii).
(G) Ohio Administrative Code Rule 3745-31-06, ``Completeness
determinations, processing requirements, public participation, public
notice, and issuance.'', effective June 30, 2008, except for paragraph
(H)(2)(d).
(H) Ohio Administrative Code Rule 3745-31-07, ``Termination,
revocation, expiration, renewal, revision and transfer.'', effective
June 30, 2008.
(I) Ohio Administrative Code Rule 3745-31-08, ``Registration status
permit-to-operate.'', effective June 30, 2008.
(J) Ohio Administrative Code Rule 3745-31-09, ``Variances on
operation.'', effective June 30, 2008.
(K) Ohio Administrative Code Rule 3745-31-10, ``NSR projects at
existing emissions units at a major stationary source.'', effective June
30, 2008.
(L) Ohio Administrative Code Rule 3745-31-20, ``Attainment
provisions--innovative control technology.'', effective June 30, 2008.
(M) Ohio Administrative Code Rule 3745-31-22, ``Nonattainment
provisions--conditions for approval.'', effective June 30, 2008.
(N) Ohio Administrative Code Rule 3745-31-29, ``General permit-to-
install and general PTIO.'', effective June 30, 2008.
(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.

[[Page 744]]

(F) Ohio Administrative Code Rule 3745-21-27 ``Boat
manufacturing.'', effective May 12, 2011.
(G) Ohio Administrative Code Rule 3745-21-28 ``Miscellaneous
industrial adhesives and sealants'', effective May 12, 2011.
(H) Ohio Administrative Code Rule 3745-21-29 ``Control of volatile
organic compound emissions from automobile and light-duty truck assembly
coating operations, heavier vehicle assembly coating operations, and
cleaning operations associated with these coating operations.'',
effective May 12, 2011.
(I) Ohio Administrative Code Rule 3745-72-02 ``Definitions.'',
effective May 12, 2011.
(J) Ohio Administrative Code Rule 3745-72-05 ``Liability.'',
effective May 12, 2011.
(K) Ohio Administrative Code Rule 3745-72-06 ``Defenses.'',
effective May 12, 2011.
(L) May 2, 2011, ``Director's Final Findings and Orders,'' signed by
Scott J. Nally, Director, Ohio Environmental Protection Agency.
(159) On August November 15, 2010, Ohio submitted revisions to Ohio
Administrative Code Chapter 3745-14, Rules 3745-14-01 and 3745-14-06.
The revisions sunset NOX Budget Trading Program rules for
units subject to CAIR NOX Ozone Season Trading Program rules.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-14-01 ``Definitions and
general provisions.'', effective October 18, 2010.
(B) Ohio Administrative Code Rule 3745-14-06 ``The NOx allowance
tracking system.'', effective October 18, 2010.
(C) October 8, 2010, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(160) On June 24, 2011, Ohio submitted numerous revisions to their
SO2 rules in Ohio Administrative Code Chapter 3745-18. These
revisions mainly update facility information and remove shutdown
facilities from the rule.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rules 3745-18-03 ``Attainment dates and
compliance time schedules.'', 3745-18-04 ``Measurement methods and
procedures.'' except (D)(2), (D)(3), (D)(5), (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

[[Page 745]]

emission limits.'', 3745-18-51 ``Licking County emission limits.'',
3745-18-52 ``Logan County emission limits.'', 3745-18-55 ``Madison
County emission limits.'', 3745-18-56 ``Mahoning County emission
limits.'', 3745-18-57 ``Marion County emission limits.'', 3745-18-58
``Medina County emission limits.'', 3745-18-59 ``Meigs County emission
limits.'', 3745-18-60 ``Mercer County emission limits.'', 3745-18-61
``Miami County emission limits.'', 3745-18-62 ``Monroe County emission
limits.'', 3745-18-63 ``Montgomery County emission limits.'', 3745-18-64
``Morgan County emission limits.'', 3745-18-65 ``Morrow County emission
limits.'', 3745-18-66 ``Muskingum County emission limits.'', 3745-18-67
``Noble County emission limits.'', 3745-18-68 ``Ottawa County emission
limits.'', 3745-18-69 ``Paulding County emission limits.'', 3745-18-70
``Perry County emission limits.'', 3745-18-71 ``Pickaway County emission
limits.'', 3745-18-72 ``Pike County emission limits.'', 3745-18-73
``Portage County emission limits.'', 3745-18-74 ``Preble County emission
limits.'', 3745-18-75 ``Putnam County emission limits.'', 3745-18-76
``Richland County emission limits.'', 3745-18-77 ``Ross County emission
limits.'', 3745-18-79 ``Scioto County emission limits.'', 3745-18-81
``Shelby County emission limits.'', 3745-18-83 ``Summit County emission
limits.'', 3745-18-84 ``Trumbull County emission limits.'', 3745-18-85
``Tuscarawas County emission limits.'', 3745-18-86 ``Union County
emission limits.'', 3745-18-87 ``Van Wert County emission limits.'',
3745-18-88 ``Vinton County emission limits.'', 3745-18-89 ``Warren
County emission limits.'', 3745-18-91 ``Wayne County emission limits.'',
3745-18-92 ``Williams County emission limits.'', 3745-18-93 ``Wood
County emission limits.'', 3745-18-94 ``Wyandot County emission
limits.'', adopted on February 7, 2011, effective February 17, 2011.
(B) February 7, 2011, ``Director's Final Findings and Orders'',
signed by Scott J. Nally, Director, Ohio Environmental Protection
Agency, adopting the rules identified in paragraph (160)(i)(A) of this
section.
(C) Ohio Administrative Code Rules 3745-18-01 ``Definitions and
incorporation by reference.'', 3745-18-54 ``Lucas County emission
limits.'', 3745-18-82 ``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

[[Page 746]]

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.
(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.

[[Page 747]]

(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 at 80 FR 69606, 69619, Nov. 10,
2015]

Editorial Note: For Federal Register citations affecting Sec.
52.1894, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

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

[[Page 748]]

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.
----------------------------------------------------------------------------------------------------------------
Regulation 3.8. Control of Emission of Hazardous Air Contaminants
----------------------------------------------------------------------------------------------------------------
3.8(a)......................... Purpose.......... 4/19/1982 8/15/1983, 48 FR 36819...
3.8(b)......................... Definitions...... 4/19/1982 8/15/1983, 48 FR 36819...
3.8(c)......................... Emission 4/19/1982 8/15/1983, 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.

[[Page 749]]

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..
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.

[[Page 750]]

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

[[Page 751]]

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..
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 *
* *.''
----------------------------------------------------------------------------------------------------------------

[[Page 752]]

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.
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.

[[Page 753]]

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

[[Page 754]]

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...
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...

[[Page 755]]

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.
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...

[[Page 756]]

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

[[Page 757]]

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

[[Page 758]]

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

[[Page 759]]

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.
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.

[[Page 760]]

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.
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).

[[Page 761]]

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.

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 5/14/1973, 38 FR 12696... Ref:
52.1960(c)(6).
Chapter 2, Description of Statewide........ 1/28/1972 5/31/1972, 37 FR 10842... Ref: 52.1960(b).
Regions.
Chapter 3, Legal Authority..... Statewide........ 10/16/1972 5/14/1973, 38 FR 12696... Ref:
52.1960(c)(6).
Chapter 4, Control Strategy.... Statewide........ 10/16/1972 5/14/1973, 38 FR 12696... Ref:
52.1960(c)(6).
A. Part D Requirements......... Nonattainment 4/2/1979 2/13/1980, 45 FR 09733... Ref:
areas. 52.1960(c)(14).
B. Photochemical Oxidants Statewide........ 4/2/1979 2/13/1980, 45 FR 09733... Ref:
(Ozone). 52.1960(c)(14).
C. Carbon Monoxide............. Statewide........ 4/2/1979 2/13/1980, 45 FR 09733... Ref:
52.1960(c)(14).
D. Total Suspended Particulates Statewide........ 4/2/1979 2/13/1980, 45 FR 09733... Ref:
52.1960(c)(14).
E. Public notification......... Statewide........ 4/2/1979 5/14/1982, 47 FR 20771... Ref:
52.1960(c)(17).
F. Lead SIP.................... Statewide........ 3/5/1980 4/16/1982, 47 FR 16328... Ref:
52.1960(c)(18).
G. PM10 SIP.................... Statewide........ 8/22/1989 2/12/1991, 56 FR 05653... Ref:
52.1960(c)(38).
H. Tulsa County Ozone Plan..... Tulsa County..... 2/20/1985 1/31/1991, 56 FR 03777... Ref:
52.1960(c)(39).
I. Oklahoma County Carbon Oklahoma County.. 10/17/1985 8/8/1991, 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 5/14/1973, 38 FR 12696... Ref:
52.1960(c)(6).

[[Page 762]]

Chapter 6, Emergency Episode Statewide........ 8/22/1989 2/12/1991, 56 FR 05653... Ref:
Control Plan. 52.1960(c)(38).
Chapter 7, Atmospheric Statewide........ 3/7/1980 8/6/1981, 46 FR 40005.... Ref:
Surveillance System. 52.1960(c)(22).
Chapter 8, Source Surveillance Statewide........ 10/16/1972 5/14/1973, 38 FR 12696... Ref:
System. 52.1960(c)(6).
Chapter 9, Resources........... Statewide........ 4/2/1979 2/13/1980, 45 FR 09733... Ref:
52.1960(c)(14).
Chapter 10, Intergovernmental Statewide........ 4/2/1979 5/14/1982, 47 FR 20771... Ref:
Cooperation. 52.1960(c)(17).
Small Business Assistance Statewide........ 11/19/1992 6/23/1994, 59 FR 32365... Ref:
Program. 52.1960(c)(45).
Oklahoma Vehicle Anti-Tampering Statewide........ 5/16/1994 2/29/1996, 61 FR 07709... Ref:
Program. 52.1960(c)(46).
Oklahoma Visibility Protection Statewide........ 6/8/1990 11/8/1999, 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.
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 12/29/2011, 76 FR 81837..
1997 ozone NAAQS (contribute
to nonattainment).
Interstate transport for the Statewide........ 5/1/2007 12/29/2011, 76 FR 81837..
1997 PM2.5 NAAQS (contribute
to nonattainment or interfere
with maintenance).
Interstate transport for the Statewide........ 4/5/2011 12/29/2011, 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.

[[Page 763]]

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).
Infrastructure for the 2012 Statewide........ 6/16/2016 6/14/2017, 82 FR......... Does not address
PM2.5 NAAQS. 110(a)(2)(D)(i)(
I). No action on
110(a)(2)(D)
(i)(II)
(visibility
portion).
----------------------------------------------------------------------------------------------------------------

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........... 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1802.................. Purpose............ 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1803.................. Municipal 5/15/1992 6/23/1994, 59 FR 32365.....
Regulations.
Section 1-1804.1................ Definitions........ 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1805.1................ Administrative 5/15/1992 6/23/1994, 59 FR 32365.....
Agency Powers.
Section 1-1806.1................ Adoption of Rules.. 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1807.1................ Air Quality Council 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1808.1................ Powers and Duties 5/15/1992 6/23/1994, 59 FR 32365.....
of the Air Quality
Council.
Section 1-1809.................. Chief of Air 5/15/1992 6/23/1994, 59 FR 32365.....
Quality Council/
Citizen Complaints.
Section 1-1810.................. Variances.......... 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1811.................. Compliance Orders.. 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1812.................. Field Citation 5/15/1992 6/23/1994, 59 FR 32365.....
Program/
Administrative
Penalties.
Section 1-1813.................. Permitting Program. 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1814.................. Fees............... 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1815.................. Emission Standards/ 5/15/1992 6/23/1994, 59 FR 32365.....
Toxic Air
Contaminant
Emissions/Oil and
Gas Emissions.
Section 1-1816.................. Small Business 5/15/1992 6/23/1994, 59 FR 32365.....
Assistance Program.
Section 1-1817.................. Criminal Penalties. 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1818.................. Civil Action....... 5/15/1992 6/23/1994, 59 FR 32365.....
Section 1-1819.................. Keeping Certain 5/15/1992 6/23/1994, 59 FR 32365.....
Rules and
Enforcement
Actions Effective.
----------------------------------------------------------------------------------------------------------------
1992 Oklahoma Environmental Quality Act (27A O.S.A., Sections 1 to 12)
----------------------------------------------------------------------------------------------------------------
Section 1....................... Citation........... 6/12/1992 6/23/1994, 59 FR 32365.....
Section 2....................... Purpose............ 6/12/1992 6/23/1994, 59 FR 32365.....
Section 3....................... Definitions........ 6/12/1992 6/23/1994, 59 FR 32365.....
Section 4....................... Transition......... 6/12/1992 6/23/1994, 59 FR 32365.....
Section 5....................... Pollution Control 6/12/1992 6/23/1994, 59 FR 32365.....
Coordinating Board
and Department of
Pollution Control.

[[Page 764]]

Section 6....................... Jurisdictional 6/12/1992 6/23/1994, 59 FR 32365.....
Areas of
Environmental
Responsibility.
Section 7....................... Environmental 6/12/1992 6/23/1994, 59 FR 32365.....
Quality Board.
Section 8....................... Executive Director. 6/12/1992 6/23/1994, 59 FR 32365.....
Section 9....................... Department of 6/12/1992 6/23/1994, 59 FR 32365.....
Environmental
Quality.
Section 10...................... Advisory Councils.. 6/12/1992 6/23/1994, 59 FR 32365.....
Section 11...................... Time Periods for 6/12/1992 6/23/1994, 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; 82 FR 27122, June 14, 2017]

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 765]]

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 766]]

(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 767]]

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 768]]

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 769]]

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 770]]

(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 771]]

(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 772]]

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 773]]

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 774]]

(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 775]]

(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 776]]

(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 777]]

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 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 778]]

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 Schedule 3/10/1993 2/25/1997, 62 FR 8385.
for Existing Sources.
021-225 Wood Waste Boilers.... 3/10/1993 2/25/1997, 62 FR 8385.
021-230 Wood Particle Dryers 3/10/1993 2/25/1997, 62 FR 8385.
at Particleboard
Plants.
021-235 Hardboard 3/10/1993 2/25/1997, 62 FR 8385.
Manufacturing Plants.
021-240 Air Conveying Systems. 3/10/1993 2/25/1997, 62 FR 8385.
021-245 Fugitive Emissions.... 3/10/1993 2/25/1997, 62 FR 8385.
----------------------------------------------------------------------------------------------------------------
Division 200--General Air Pollution Procedures and Definitions
----------------------------------------------------------------------------------------------------------------
200-0010 Purpose and 4/16/2015 10/11/2017, 82 FR
Application. 47122.
200-0020 General Air Quality 4/16/2015 10/11/2017, 82 FR
Definitions. 47122.
200-0025 Abbreviations and 4/16/2015 10/11/2017, 82 FR
Acronyms. 47122.
200-0030 Exceptions............ 4/16/2015 10/11/2017, 82 FR
47122.
200-0035 Reference Materials... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Division 202--Ambient Air Quality Standards and PSD Increments
----------------------------------------------------------------------------------------------------------------
202-0010 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
202-0020 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.
----------------------------------------------------------------------------------------------------------------
Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
202-0050 Purpose and Scope of 4/16/2015 10/11/2017, 82 FR
Ambient Air Quality 47122.
Standards.
202-0060 Suspended Particulate 10/16/2015 5/24/2018, 83 FR 24034
Matter.
202-0070 Sulfur Dioxide........ 4/16/2015 10/11/2017, 82 FR
47122.
202-0080 Carbon Monoxide....... 7/1/2011 1/22/2003, 68 FR 2891.
202-0090 Ozone................. 7/13/2017 5/24/2018, 83 FR 24034
202-0100 Nitrogen Dioxide...... 4/16/2015 10/11/2017, 82 FR
47122.
202-0130 Lead.................. 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Prevention of Significant Deterioration Increments
----------------------------------------------------------------------------------------------------------------
202-0200 General............... 4/16/2015 10/11/2017, 82 FR
47122.
202-0210 Ambient Air PSD 4/16/2015 10/11/2017, 82 FR
Increments. 47122.
202-0220 Ambient Air Ceilings.. 4/16/2015 10/11/2017, 82 FR
47122.
202-0225 Ambient Air Quality 4/16/2015 10/11/2017, 82 FR
Impact Levels for 47122.
Maintenance Areas.
----------------------------------------------------------------------------------------------------------------
Division 204--Designation of Air Quality Areas
----------------------------------------------------------------------------------------------------------------
204-0010 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
204-0020 Designation of Air 4/16/2015 10/11/2017, 82 FR
Quality Control 47122.
Regions.
204-0030 Designation of 4/16/2015 10/11/2017, 82 FR
Nonattainment Areas. 47122.
204-0040 Designation of 4/16/2015 10/11/2017, 82 FR
Maintenance Areas. 47122.
204-0050 Designation of 4/16/2015 10/11/2017, 82 FR
Prevention of 47122.
Significant
Deterioration Areas.
204-0060 Redesignation of 4/16/2015 10/11/2017, 82 FR
Prevention of 47122.
Significant
Deterioration Areas.
204-0070 Special Control Areas. 4/16/2015 10/11/2017, 82 FR
47122.
204-0080 Motor Vehicle 4/16/2015 10/11/2017, 82 FR
Inspection Boundary 47122.
Designations.
204-0090 Oxygenated Gasoline 4/16/2015 10/11/2017, 82 FR
Control Areas. 47122.
----------------------------------------------------------------------------------------------------------------

[[Page 779]]

Designation of Areas
----------------------------------------------------------------------------------------------------------------
204-0300 Designation of 4/16/2015 10/11/2017, 82 FR
Sustainment Areas. 47122.
204-0310 Designation of 4/16/2015 10/11/2017, 82 FR
Reattainment Areas. 47122.
204-0320 Priority Sources...... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Division 206--Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
206-0010 Introduction.......... 4/16/2015 10/11/2017, 82 FR
47122.
206-0020 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
206-0030 Episode State Criteria 4/16/2015 10/11/2017, 82 FR
for Air Pollution 47122.
Emergencies.
206-0040 Special Conditions.... 4/16/2015 10/11/2017, 82 FR
47122.
206-0050 Source Emission 4/16/2015 10/11/2017, 82 FR
Reduction Plans. 47122.
206-0060 Regional Air Pollution 4/16/2015 10/11/2017, 82 FR
Authorities. 47122.
206-0070 Operations Manual..... 4/16/2015 10/11/2017, 82 FR
47122.
206-8010 Air Pollution Episode 4/16/2015 10/11/2017, 82 FR
ALERT Conditions 47122.
Source Emission
Reduction Plan
Emissions Control
Actions to be Taken
as Appropriate in
Alert Episode Area.
206-8020 Air Pollution Episode 4/16/2015 10/11/2017, 82 FR
WARNING Conditions 47122.
Emission Reduction
Plan.
206-8030 Air Pollution Episode 4/16/2015 10/11/2017, 82 FR
EMERGENCY Conditions 47122.
Emission Reduction
Plan.
206-8040 Air Pollution Episode 4/16/2015 10/11/2017, 82 FR
Conditions Due to 47122.
Particulate Which is
Primarily Fallout
from Volcanic
Activity or Windblown
Dust.
----------------------------------------------------------------------------------------------------------------
Division 208--Visible Emissions and Nuisance Requirements
----------------------------------------------------------------------------------------------------------------
208-0005 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.
208-0010 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Visible Emissions
----------------------------------------------------------------------------------------------------------------
208-0110 Visible Air 4/16/2015 10/11/2017, 82 FR
Contaminant 47122.
Limitations.
----------------------------------------------------------------------------------------------------------------
Fugitive Emission Requirements
----------------------------------------------------------------------------------------------------------------
208-0210 Requirements for 4/16/2015 10/11/2017, 82 FR
Fugitive Emissions. 47122.
----------------------------------------------------------------------------------------------------------------
Division 209--Public Participation
----------------------------------------------------------------------------------------------------------------
209-0010 Purpose............... 4/16/2015 10/11/2017, 82 FR
47122.
209-0020 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
209-0030 Public Notice 4/16/2015 10/11/2017, 82 FR
Categories and Timing. 47122.
209-0040 Public Notice 4/16/2015 10/11/2017, 82 FR
Information. 47122.
209-0050 Public Notice 4/16/2015 10/11/2017, 82 FR
Procedures. 47122.
209-0060 Persons Required to be 4/16/2015 10/11/2017, 82 FR
Notified. 47122.
209-0070 Hearing Procedures.... 4/16/2015 10/11/2017, 82 FR
47122.
209-0080 Issuance or Denial of 4/16/2015 10/11/2017, 82 FR
a Permit. 47122.
----------------------------------------------------------------------------------------------------------------
Division 210--Stationary Source Notification Requirements
----------------------------------------------------------------------------------------------------------------
210-0010 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.

[[Page 780]]

210-0020 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Registration
----------------------------------------------------------------------------------------------------------------
210-0100 Registration in 4/16/2015 10/11/2017, 82 FR
General. 47122.
210-0110 Registration 4/16/2015 10/11/2017, 82 FR
Requirements. 47122.
210-0120 Re-Registration and 4/16/2015 10/11/2017, 82 FR
Maintaining 47122].
Registration.
----------------------------------------------------------------------------------------------------------------
Notice of Construction and Approval of Plans
----------------------------------------------------------------------------------------------------------------
210-0205 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
210-0215 Requirement........... 4/16/2015 10/11/2017, 82 FR
47122.
210-0225 Types of Construction/ 4/16/2015 10/11/2017, 82 FR
Modification Changes. 47122.
210-0230 Notice to Construct... 4/16/2015 10/11/2017, 82 FR
47122.
210-0240 Construction Approval. 4/16/2015 10/11/2017, 82 FR
47122.
210-0250 Approval to Operate... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Division 212--Stationary Source Testing and Monitoring
----------------------------------------------------------------------------------------------------------------
212-0005 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.
212-0010 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Sampling, Testing and Measurement
----------------------------------------------------------------------------------------------------------------
212-0110 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
212-0120 Program............... 4/16/2015 10/11/2017, 82 FR
47122.
212-0130 Stack Heights and 4/16/2015 10/11/2017, 82 FR
Dispersion Techniques. 47122.
212-0140 Methods............... 4/16/2015 10/11/2017, 82 FR
47122.
212-0150 Department Testing.... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Division 214--Stationary Source Reporting Requirements
----------------------------------------------------------------------------------------------------------------
214-0005 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.
214-0010 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Reporting
----------------------------------------------------------------------------------------------------------------
214-0100 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
214-0110 Request for 4/16/2015 10/11/2017, 82 FR
Information. 47122.
214-0114 Records; Maintaining 4/16/2015 10/11/2017, 82 FR
and Reporting. 47122.
214-0120 Enforcement........... 10/14/1999 1/22/2003, 68 FR 2891.
214-0130 Information Exempt 4/16/2015 10/11/2017, 82 FR
from Disclosure. 47122.
----------------------------------------------------------------------------------------------------------------
Emissions Statements for VOC and NOx Sources
----------------------------------------------------------------------------------------------------------------
214-0200 Purpose and 4/16/2015 10/11/2017, 82 FR
Applicability. 47122.
214-0210 Requirements.......... 4/16/2015 10/11/2017, 82 FR
47122.
214-0200 Submission of Emission 4/16/2015 10/11/2017, 82 FR
Statement. 47122.
----------------------------------------------------------------------------------------------------------------
Excess Emissions and Emergency Provision
----------------------------------------------------------------------------------------------------------------
214-0300 Purpose and 11/8/2007 12/27/2011, 76 FR
Applicability. 80747.
214-0310 Planned Startup and 11/8/2007 12/27/2011, 76 FR
Shutdown. 80747.
214-0320 Scheduled Maintenance. 11/8/2007 12/27/2011, 76 FR
80747.
214-0330 All Other Excess 11/8/2007 12/27/2011, 76 FR
Emissions. 80747.
214-0340 Reporting Requirements 11/8/2007 12/27/2011, 76 FR
80747.
214-0350 Enforcement Action 11/8/2007 12/27/2011, 76 FR
Criteria. 80747.
214-0360 Emergency as an 11/8/2007 12/27/2011, 76 FR
Affirmative Defense. 80747.
----------------------------------------------------------------------------------------------------------------
Division 216--Air Contaminant Discharge Permits
----------------------------------------------------------------------------------------------------------------
216-0010 Purpose............... 4/16/2015 10/11/2017, 82 FR
47122.
216-0020 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.

[[Page 781]]

216-0025 Types of Permits...... 4/16/2015 10/11/2017, 82 FR
47122.
216-0030 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
216-0040 Application 4/16/2015 10/11/2017, 82 FR
Requirements. 47122.
216-0052 Construction ACDPs.... 4/16/2015 10/11/2017, 82 FR
47122.
216-0054 Short-Term Activity 4/16/2015 10/11/2017, 82 FR
ACDPs. 47122.
216-0056 Basic ACDPs........... 4/16/2015 10/11/2017, 82 FR
47122.
216-0060 General Air 4/16/2015 10/11/2017, 82 FR
Contaminant Discharge 47122.
Permits.
216-0062 General ACDP 4/16/2015 10/11/2017, 82 FR
Attachments. 47122.
216-0064 Simple ACDPs.......... 4/16/2015 10/11/2017, 82 FR
47122.
216-0066 Standard ACDPs........ 4/16/2015 10/11/2017, 82 FR
47122.
216-0068 Simple and Standard 4/16/2015 10/11/2017, 82 FR
ACDP Attachments. 47122].
216-0070 Permitting a Source 4/16/2015 10/11/2017, 82 FR
with Multiple 47122.
Activities or
Processes at a Single
Adjacent or
Contiguous Site.
216-0082 Termination or 4/16/2015 10/11/2017, 82 FR
Revocation of an ACDP. 47122.
216-0084 Department-Initiated 4/16/2015 10/11/2017, 82 FR
Modification. 47122.
216-0090 Sources Subject to 4/16/2015 10/11/2017, 82 FR
ACDPs and Fees. 47122.
216-0094 Temporary Closure..... 4/16/2015 10/11/2017, 82 FR
47122.
216-8010 Table 1--Activities 4/16/2015 10/11/2017, 82 FR
and Sources. 47122.
216-8020 Table 2--Air 4/16/2015 10/11/2017, 82 FR
Contaminant Discharge 47122.
Permits.
----------------------------------------------------------------------------------------------------------------
Division 222--Stationary Source Plant Site Emission Limits
----------------------------------------------------------------------------------------------------------------
222-0010 Policy................ 4/16/2015 10/11/2017, 82 FR
47122.
222-0020 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.
222-0030 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Criteria for Establishing Plant Site Emission Limits
----------------------------------------------------------------------------------------------------------------
222-0035 General Requirements 4/16/2015 10/11/2017, 82 FR
for Establishing All 47122.
PSELs.
222-0040 Generic Annual PSEL... 4/16/2015 10/11/2017, 82 FR
47122.
222-0041 Source Specific Annual 4/16/2015 10/11/2017, 82 FR
PSEL. 47122.
222-0042 Short Term PSEL....... 4/16/2015 10/11/2017, 82 FR
47122.
222-0046 Netting Basis......... 4/16/2015 10/11/2017, 82 FR
47122.
222-0048 Baseline Period and 4/16/2015 10/11/2017, 82 FR
Baseline Emission 47122.
Rate.
222-0051 Actual Emissions...... 4/16/2015 10/11/2017, 82 FR
47122.
222-0055 Unassigned Emissions.. 4/16/2015 10/11/2017, 82 FR
47122.
222-0080 Plant Site Emission 4/16/2015 10/11/2017, 82 FR
Limit Compliance. 47122.
222-0090 Combining and 4/16/2015 10/11/2017, 82 FR
Splitting Sources and 47122.
Changing Primary SIC
Code.
----------------------------------------------------------------------------------------------------------------
Division 223--Regional Haze Rules
----------------------------------------------------------------------------------------------------------------
223-0010 Purpose............... 12/10/2010 7/5/2011, 76 FR 38997.
223-0020 Definitions........... 12/10/2010 7/5/2011, 76 FR 38997.
223-0030 BART and Additional 12/10/2010 7/5/2011, 76 FR 38997.
Regional Haze
Requirements for the
Foster-Wheeler Boiler
at the Boardman Coal-
Fired Power Plant
(Federal Acid Rain
Program Facility
ORISPL Code 6106).
223-0040 Federally Enforceable 12/10/2010 7/5/2011, 76 FR 38997.
Permit Limits.

[[Page 782]]

223-0050 Alternative Regional 12/10/2010 7/5/2011, 76 FR 38997.
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--New Source Review
----------------------------------------------------------------------------------------------------------------
224-0010 Applicability, General 4/16/2015 10/11/2017, 82 FR
Prohibitions, General 47122.
Requirements and
Jurisdiction.
224-0020 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
224-0025 Major Modification.... 4/16/2015 10/11/2017, 82 FR
47122.
224-0030 New Source Review 4/16/2015 10/11/2017, 82 FR
Procedural 47122.
Requirements.
224-0034 Exemptions............ 4/16/2015 10/11/2017, 82 FR
47122.
224-0038 Fugitive and Secondary 4/16/2015 10/11/2017, 82 FR
Emissions. 47122.
224-0040 Review of Sources 4/16/2015 10/11/2017, 82 FR
Subject to Major NSR 47122.
or Type A State NSR
for Compliance with
Regulations.
----------------------------------------------------------------------------------------------------------------
Major New Source Review
----------------------------------------------------------------------------------------------------------------
224-0045 Requirements for 4/16/2015 10/11/2017, 82 FR
Sources in 47122.
Sustainment Areas.
224-0050 Requirements for 4/16/2015 10/11/2017, 82 FR
Sources in 47122.
Nonattainment Areas.
224-0055 Requirements for 4/16/2015 10/11/2017, 82 FR
Sources in 47122.
Reattainment Areas.
224-0060 Requirements for 4/16/2015 10/11/2017, 82 FR
Sources in 47122.
Maintenance Areas.
224-0070 Prevention of 4/16/2015 10/11/2017, 82 FR
Significant 47122.
Deterioration
Requirements for
Sources in Attainment
or Unclassified Areas.
----------------------------------------------------------------------------------------------------------------
State New Source Review
----------------------------------------------------------------------------------------------------------------
224-0245 Requirements for 4/16/2015 10/11/2017, 82 FR
Sources in 47122.
Sustainment Areas.
224-0250 Requirements for 4/16/2015 10/11/2017, 82 FR
Sources in 47122.
Nonattainment Areas.
224-0255 Requirements for 4/16/2015 10/11/2017, 82 FR
Sources in 47122.
Reattainment Areas.
224-0260 Requirements for 4/16/2015 10/11/2017, 82 FR
Sources in 47122.
Maintenance Areas.
224-0270 Requirements for 4/16/2015 10/11/2017, 82 FR
Sources in Attainment 47122.
and Unclassified
Areas.
----------------------------------------------------------------------------------------------------------------

[[Page 783]]

Net Air Quality Benefit Emission Offsets
----------------------------------------------------------------------------------------------------------------
224-0500 Net Air Quality 4/16/2015 10/11/2017, 82 FR
Benefit for Sources 47122.
Locating within or
Impacting Designated
Area.
224-0510 Common Offset 4/16/2015 10/11/2017, 82 FR Except paragraph (3).
Requirements. 47122.
224-0520 Requirements for 4/16/2015 10/11/2017, 82 FR
Demonstrating Net Air 47122.
Quality Benefit for
Ozone Areas.
224-0530 Requirements for 4/16/2015 10/11/2017, 82 FR
Demonstrating Net Air 47122.
Quality Benefit for
Non-Ozone Areas.
224-0540 Sources in a 4/16/2015 10/11/2017, 82 FR
Designated Area 47122.
Impacting Other
Designated Areas.
----------------------------------------------------------------------------------------------------------------
Division 225--Air Quality Analysis Requirements
----------------------------------------------------------------------------------------------------------------
225-0010 Purpose and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.
225-0020 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
225-0030 Procedural 4/16/2015 10/11/2017, 82 FR
Requirements. 47122.
225-0040 Air Quality Models.... 4/16/2015 10/11/2017, 82 FR
47122.
225-0045 Requirements for 4/16/2015 10/11/2017, 82 FR
Analysis in 47122.
Maintenance Areas.
225-0050 Requirements for 4/16/2015 10/11/2017, 82 FR
Analysis in PSD Class 47122.
I and Class III Areas.
225-0060 Requirements for 4/16/2015 10/11/2017, 82 FR
Demonstrating 47122.
Compliance with
Standards and
Increments in PSD
Class I Areas.
225-0070 Requirements for 4/16/2015 10/11/2017, 82 FR
Demonstrating 47122.
Compliance with Air
Quality Related
Values Protection.
----------------------------------------------------------------------------------------------------------------
Division 226--General Emission Standards
----------------------------------------------------------------------------------------------------------------
226-0005 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.
226-0010 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Highest and Best Practicable Treatment and Control
----------------------------------------------------------------------------------------------------------------
226-0100 Policy and Application 4/16/2015 10/11/2017, 82 FR
47122.
226-0110 Pollution Prevention.. 4/16/2015 10/11/2017, 82 FR
47122.
226-0120 Operating and 4/16/2015 10/11/2017, 82 FR
Maintenance 47122.
Requirements.
226-0130 Typically Achievable 4/16/2015 10/11/2017, 82 FR
Control Technology 47122.
(TACT).
226-0140 Additional Control 4/16/2015 10/11/2017, 82 FR
Requirements for 47122.
Stationary Sources of
Air Contaminants.
----------------------------------------------------------------------------------------------------------------
Grain Loading Standards
----------------------------------------------------------------------------------------------------------------
226-0210 Particulate Emission 4/16/2015 10/11/2017, 82 FR
Limitations for 47122.
Sources Other Than
Fuel Burning
Equipment, Refuse
Burning Equipment and
Fugitive Emissions.
----------------------------------------------------------------------------------------------------------------
Particulate Emissions from Process Equipment
----------------------------------------------------------------------------------------------------------------
226-0310 Emission Standard..... 4/16/2015 10/11/2017, 82 FR
47122.

[[Page 784]]

226-0320 Determination of 4/16/2015 10/11/2017, 82 FR
Process Weight. 47122.
----------------------------------------------------------------------------------------------------------------
Alternative Emission Controls
----------------------------------------------------------------------------------------------------------------
226-0400 Alternative Emission 4/16/2015 10/11/2017, 82 FR
Controls (Bubble). 47122.
226-0810 Particulate Matter 4/16/2015 10/11/2017, 82 FR
Emissions Standards 47122.
for Process Equipment.
----------------------------------------------------------------------------------------------------------------
Division 228--Requirements for Fuel Burning Equipment and Fuel Sulfur Content
----------------------------------------------------------------------------------------------------------------
228-0010 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.
228-0020 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Sulfur Content of Fuels
----------------------------------------------------------------------------------------------------------------
228-0100 Residual Fuel Oils.... 4/16/2015 10/11/2017, 82 FR
47122.
228-0110 Distillate Fuel Oils.. 4/16/2015 10/11/2017, 82 FR
47122.
228-0120 Coal.................. 4/16/2015 10/11/2017, 82 FR
47122.
228-0130 Exemptions............ 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
General Emission Standards for Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
228-0200 Sulfur Dioxide 4/16/2015 10/11/2017, 82 FR
Standards. 47122.
228-0210 Grain Loading 4/16/2015 10/11/2017, 82 FR
Standards. 47122.
----------------------------------------------------------------------------------------------------------------
Division 232--Emission Standards for VOC Point Sources
----------------------------------------------------------------------------------------------------------------
232-0010 Introduction.......... 4/16/2015 10/11/2017, 82 FR
47122.
232-0020 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
232-0030 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
232-0040 General Non- 4/16/2015 10/11/2017, 82 FR
Categorical 47122.
Requirements.
232-0050 Exemptions............ 4/16/2015 10/11/2017, 82 FR
47122.
232-0060 Compliance 4/16/2015 10/11/2017, 82 FR
Determination. 47122.
232-0080 Bulk Gasoline Plants 4/16/2015 10/11/2017, 82 FR
Including Transfer of 47122.
Gasoline.
232-0085 Gasoline Delivery 4/16/2015 10/11/2017, 82 FR
Vessel(s). 47122.
232-0090 Bulk Gasoline 4/16/2015 10/11/2017, 82 FR
Terminals Including 47122.
Truck and Trailer
Loading.
232-0100 Testing Vapor Transfer 4/16/2015 10/11/2017, 82 FR
and Collection 47122.
Systems.
232-0110 Loading Gasoline and 4/16/2015 10/11/2017, 82 FR
Volatile Organic 47122.
Liquids onto Marine
Tank Vessels.
232-0120 Cutback and Emulsified 4/16/2015 10/11/2017, 82 FR
Asphalt. 47122.
232-0130 Petroleum Refineries.. 4/16/2015 10/11/2017, 82 FR
47122.
232-0140 Petroleum Refinery 4/16/2015 10/11/2017, 82 FR
Leaks. 47122.
232-0150 VOC Liquid Storage.... 4/16/2015 10/11/2017, 82 FR
47122.
232-0160 Surface Coating in 4/16/2015 10/11/2017, 82 FR
Manufacturing. 47122.
232-0170 Aerospace Component 4/16/2015 10/11/2017, 82 FR
Coating Operations. 47122.
232-0180 Degreasers............ 4/16/2015 10/11/2017, 82 FR
47122.
232-0190 Open Top Vapor 4/16/2015 10/11/2017, 82 FR
Degreasers. 47122.
232-0200 Conveyorized 4/16/2015 10/11/2017, 82 FR
Degreasers. 47122.
232-0210 Asphaltic and Coal Tar 4/16/2015 10/11/2017, 82 FR
Pitch Used for 47122.
Roofing Coating.
232-0220 Flat Wood Coating..... 4/16/2015 10/11/2017, 82 FR
47122.
232-0230 Rotogravure and 4/16/2015 10/11/2017, 82 FR
Flexographic Printing. 47122.
----------------------------------------------------------------------------------------------------------------
Division 234--Emission Standards for Wood Product Industries
----------------------------------------------------------------------------------------------------------------
234-0005 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.

[[Page 785]]

234-0010 Definitions........... 4/16/2015 10/11/2017, 82 FR Except (8) and (10).
47122.
----------------------------------------------------------------------------------------------------------------
Wigwam Waste Burners
----------------------------------------------------------------------------------------------------------------
234-0100 Wigwam Waste Burners.. 4/16/2015 10/11/2017, 82 FR
47122.
234-0140 Existing 4/16/2015 10/11/2017, 82 FR
Administrative Agency 47122.
Orders.
----------------------------------------------------------------------------------------------------------------
Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
234-0200 Statement of Policy 4/16/2015 10/11/2017, 82 FR
and Applicability. 47122.
234-0210 Emission Limitations.. 4/16/2015 10/11/2017, 82 FR Except (1).
47122.
234-0220 More Restrictive 4/16/2015 10/11/2017, 82 FR Except (2).
Emission Limits. 47122.
234-0240 Monitoring............ 4/16/2015 10/11/2017, 82 FR Except (1).
47122.
234-0250 Reporting............. 4/16/2015 10/11/2017, 82 FR Except (1) and (2).
47122.
234-0270 Chronic Upset 4/16/2015 10/11/2017, 82 FR
Conditions. 47122.
----------------------------------------------------------------------------------------------------------------
Board Products Industries (Veneer, Plywood, Particleboard, Hardboard)
----------------------------------------------------------------------------------------------------------------
234-0500 Applicability and 4/16/2015 10/11/2017, 82 FR
General Provisions. 47122.
234-0510 Veneer and Plywood 4/16/2015 10/11/2017, 82 FR
Manufacturing 47122.
Operations.
234-0520 Particleboard 4/16/2015 10/11/2017, 82 FR
Manufacturing 47122.
Operations.
234-0530 Hardboard 4/16/2015 10/11/2017, 82 FR
Manufacturing 47122.
Operations.
234-0540 Testing and Monitoring 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Division 236--Emission Standards for Specific Industries
----------------------------------------------------------------------------------------------------------------
236-0005 Applicability and 4/16/2015 10/11/2017, 82 FR
Jurisdiction. 47122.
236-0010 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Hot Mix Asphalt Plants
----------------------------------------------------------------------------------------------------------------
236-0400 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
236-0410 Control Facilities 4/16/2015 10/11/2017, 82 FR
Required. 47122.
236-0420 Other Established Air 4/16/2015 10/11/2017, 82 FR
Quality Limitations. 47122.
236-0440 Ancillary Sources of 4/16/2015 10/11/2017, 82 FR
Emission--Housekeepin 47122.
g of Plant Facilities.
236-8010 Process Weight Table.. 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Division 240--Rules for Areas with Unique Air Quality Needs
----------------------------------------------------------------------------------------------------------------
240-0010 Purpose............... 4/16/2015 10/11/2017, 82 FR
47122.
240-0020 Emission Limitations.. 4/16/2015 10/11/2017, 82 FR
47122.
240-0030 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
240-0050 Compliance Testing 4/16/2015 10/11/2017, 82 FR
Requirements. 47122.
----------------------------------------------------------------------------------------------------------------
The Medford-Ashland Air Quality Maintenance Area and the Grants Pass Urban Growth Area
----------------------------------------------------------------------------------------------------------------
240-0100 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
240-0110 Wood Waste Boilers.... 4/16/2015 10/11/2017, 82 FR
47122.
240-0120 Veneer Dryer Emission 4/16/2015 10/11/2017, 82 FR
Limitations. 47122.
240-0130 Air Conveying Systems 4/16/2015 10/11/2017, 82 FR
(Medford-Ashland AQMA 47122.
Only).
240-0140 Wood Particle Dryers 4/16/2015 10/11/2017, 82 FR
at Particleboard 47122.
Plants.
240-0150 Hardboard 4/16/2015 10/11/2017, 82 FR
Manufacturing Plants. 47122.
240-0160 Wigwam Waste Burners.. 4/16/2015 10/11/2017, 82 FR
47122.

[[Page 786]]

240-0180 Control of Fugitive 4/16/2015 10/11/2017, 82 FR
Emissions (Medford- 47122.
Ashland AQMA Only).
240-0190 Requirement for 4/16/2015 10/11/2017, 82 FR
Operation and 47122.
Maintenance Plans
(Medford-Ashland AQMA
Only).
240-0210 Continuous Monitoring. 4/16/2015 10/11/2017, 82 FR
47122.
240-0220 Source Testing........ 4/16/2015 10/11/2017, 82 FR
47122.
240-0250 Open Burning.......... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
La Grande Urban Growth Area
----------------------------------------------------------------------------------------------------------------
240-0300 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
240-0320 Wood-Waste Boilers.... 4/16/2015 10/11/2017, 82 FR
47122.
240-0330 Wood Particle Dryers 4/16/2015 10/11/2017, 82 FR
at Particleboard 47122.
Plants.
240-0340 Hardboard 4/16/2015 10/11/2017, 82 FR
Manufacturing Plants. 47122.
240-0350 Air Conveying Systems. 4/16/2015 10/11/2017, 82 FR
47122.
240-0360 Fugitive Emissions.... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
The Lakeview Urban Growth Area
----------------------------------------------------------------------------------------------------------------
240-0400 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
240-0410 Control of Fugitive 4/16/2015 10/11/2017, 82 FR
Emissions. 47122.
240-0420 Requirement for 4/16/2015 10/11/2017, 82 FR
Operation and 47122.
Maintenance Plans.
240-0430 Source Testing........ 4/16/2015 10/11/2017, 82 FR
47122.
240-0440 Open Burning.......... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Klamath Falls Nonattainment Area
----------------------------------------------------------------------------------------------------------------
240-0500 Applicability......... 12/11/2012 8/25/2015, 80 FR 51472
240-0510 Opacity Standard...... 4/16/2015 10/11/2017, 82 FR
47122.
240-0520 Control of Fugitive 12/11/2012 8/25/2015, 80 FR 51472
Emissions.
240-0530 Requirement for 12/11/2012 8/25/2015, 80 FR 51472
Operation and
Maintenance Plans.
240-0540 Compliance Schedule 12/11/2012 8/25/2015, 80 FR 51472
for Existing
Industrial Sources.
240-0550 Requirements for New 4/16/2015 10/11/2017, 82 FR
Sources When Using 47122.
Residential Wood Fuel-
Fired Device Offsets.
----------------------------------------------------------------------------------------------------------------
Real and Permanent PM2.5 and PM10 Offsets
----------------------------------------------------------------------------------------------------------------
240-0560 Real and Permanent 4/16/2015 10/11/2017, 82 FR
PM2.5 and PM10 47122.
Offsets.
----------------------------------------------------------------------------------------------------------------
Klamath Falls Nonattainment Area Contingency Measures
----------------------------------------------------------------------------------------------------------------
240-0570 Applicability......... 12/11/2012 6/6/2016, 81 FR 36178.
240-0580 Existing Industrial 12/11/2012 6/6/2016, 81 FR 36178.
Sources Control
Efficiency.
240-0610 Continuous Monitoring 4/16/2015 10/11/2017, 82 FR
for Industrial 47122.
Sources.
240-0620 Contingency Measures: 12/11/2012 6/6/2016, 81 FR 36178.
New Industrial
Sources.
240-0630 Contingency Enhanced 12/11/2012 6/6/2016, 81 FR 36178.
Curtailment of Use of
Solid Fuel Burning
Devices and
Fireplaces.
----------------------------------------------------------------------------------------------------------------
Division 242--Rules Applicable to the Portland Area
----------------------------------------------------------------------------------------------------------------
242-0010 What is the Employee 4/12/2007 12/19/2011, 76 FR
Commute Options 78571.
Program?
242-0020 Who is Subject to ECO? 4/12/2007 12/19/2011, 76 FR
78571.

[[Page 787]]

242-0030 What Does ECO Require? 4/12/2007 12/19/2011, 76 FR
78571.
242-0040 How Does the 4/12/2007 12/19/2011, 76 FR
Department Enforce 78571.
ECO?
242-0050 Definitions of Terms 4/12/2007 12/19/2011, 76 FR
Used in These Rules 78571.
242-0060 Should All Employees 10/14/1999 1/22/2003, 68 FR 2891.
at a Work Site be
Counted?
242-0070 What are the Major 4/12/2007 12/19/2011, 76 FR
Requirements of ECO? 78571.
242-0080 What are the 4/12/2007 12/19/2011, 76 FR
Registration 78571.
Requirements?
242-0090 What are the 4/12/2007 12/19/2011, 76 FR
Requirements for an 78571.
Employee Survey?
242-0100 Special Requirements 10/14/1999 1/22/2003, 68 FR 2891.
for Employers
Intending to Comply
Without an Approved
Plan
242-0110 What if an Employer 4/12/2007 12/19/2011, 76 FR
Does Not Meet the 78571.
Target Auto Trip
Rate?
242-0120 How Will Employers 4/12/2007 12/19/2011, 76 FR
Demonstrate Progress 78571.
Toward the Target
Auto Trip Rate?
242-0130 What is the Schedule 10/14/1999 1/22/2003, 68 FR 2891.
Employers Must Follow
to Implement ECO?
242-0140 How Should Employers 10/14/1999 1/22/2003, 68 FR 2891.
Account for Changes
in Work Force Size?
242-0150 How Can an Employer 10/14/1999 1/22/2003, 68 FR 2891.
Reduce Auto Commute
Trips to a Work Site?
242-0160 What Should be 4/12/2007 12/19/2011, 76 FR
Included in an Auto 78571.
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 Faith 4/12/2007 12/19/2011, 76 FR
Effort? 78571.
242-0190 How Does the ECO 4/12/2007 12/19/2011, 76 FR
Program Affect New 78571.
Employers, Expanding
Employers and
Employers Relocating
Within the Portland
AQMA?
242-0200 Can a New or 4/12/2007 12/19/2011, 76 FR
Relocating Employer 78571.
Comply with ECO
Through Restricted
Parking Ratios?
242-0210 Can an Existing 4/12/2007 12/19/2011, 76 FR
Employer Comply with 78571.
ECO Through
Restricted Parking
Ratios?
242-0220 What if an Employer 4/12/2007 12/19/2011, 76 FR
Has More Than One 78571.
Work Site Within the
Portland AQMA?
242-0230 Can Employers Submit a 10/14/1999 1/22/2003, 68 FR 2891.
Joint Plan?
242-0240 Are There Alternatives 4/12/2007 12/19/2011, 76 FR
to Trip Reduction? 78571.
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
Credit for Existing 78571.
Trip Reduction
Programs?

[[Page 788]]

242-0270 Are Exemptions Allowed 4/12/2007 12/19/2011, 76 FR
if an Employer is 78571.
Unable to Reduce
Trips or Take
Advantage of
Alternate Compliance
Options?
242-0280 Participation in the 4/12/2007 12/19/2011, 76 FR
Industrial Emission 78571.
Management Program
242-0290 What Kind of Records 4/12/2007 12/19/2011, 76 FR
Must be Kept and for 78571.
How Long?
----------------------------------------------------------------------------------------------------------------
Voluntary Maximum Parking Ratio Program
----------------------------------------------------------------------------------------------------------------
242-0300 What is the Voluntary 10/14/1999 1/22/2003, 68 FR 2891.
Parking Ratio
Program?
242-0310 Who can Participate in 10/14/1999 1/22/2003, 68 FR 2891.
the Voluntary Parking
Ratio Program?
242-0320 Definitions of Terms 10/14/1999 1/22/2003, 68 FR 2891.
and Land Uses
242-0330 How Does a Property 10/14/1999 1/22/2003, 68 FR 2891.
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 to 10/14/1999 1/22/2003, 68 FR 2891.
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......... 4/16/2015 10/11/2017, 82 FR
47122.
242-0410 Definition of Terms... 4/16/2015 10/11/2017, 82 FR
47122.
242-0420 Unused PSEL Donation 4/16/2015 10/11/2017, 82 FR
Program. 47122.
242-0430 Industrial Growth 4/16/2015 10/11/2017, 82 FR
Allowances. 47122.
242-0440 Industrial Growth 4/16/2015 10/11/2017, 82 FR
Allowance Allocation. 47122.
----------------------------------------------------------------------------------------------------------------
Gasoline Vapors from Gasoline Transfer and Dispensing Operations
----------------------------------------------------------------------------------------------------------------
242-0500 Purpose and 4/16/2015 11/28/2015, 80 FR
Applicability. 65659.
242-0510 Definitions........... 4/16/2015 11/28/2015, 80 FR
65659.
242-0520 General Provisions.... 4/16/2015 11/28/2015, 80 FR
65659.
----------------------------------------------------------------------------------------------------------------
Motor Vehicle Refinishing
----------------------------------------------------------------------------------------------------------------
242-0600 Applicability......... 4/16/2015 10/11/2017, 82 FR
47122.
242-0610 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
242-0620 Requirements for Motor 4/16/2015 10/11/2017, 82 FR
Vehicle Refinishing 47122.
in Portland AQMA.
242-0630 Inspecting and Testing 4/16/2015 10/11/2017, 82 FR
Requirements. 47122.
----------------------------------------------------------------------------------------------------------------

[[Page 789]]

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 Only to the extent
65659. 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 or 4/16/2015 10/27/2015, 80 FR
Processes. 65659.
244-0238 Compliance Dates...... 4/16/2015 10/27/2015, 80 FR Except (1)(a) and
65659. (2)(c)
----------------------------------------------------------------------------------------------------------------
Emission Limitations and Management Practices
----------------------------------------------------------------------------------------------------------------
244-0239 General Duties to 4/16/2015 10/27/2015, 80 FR
Minimize Emissions. 65655.
244-0240 Work Practice and 4/16/2015 10/27/2015, 80 FR
Submerged Fill 65655.
Requirements.
244-0242 Vapor Balance 4/16/2015 10/27/2015, 80 FR Including tables 2 and
Requirements. 65655. 3
----------------------------------------------------------------------------------------------------------------
Testing and Monitoring Requirements
----------------------------------------------------------------------------------------------------------------
244-0244 Testing and Monitoring 4/16/2015 10/27/2015, 80 FR Except (1)(b) and (c)
Requirements. 65655.
----------------------------------------------------------------------------------------------------------------
Notifications, Records, and Reports
----------------------------------------------------------------------------------------------------------------
244-0246 Notifications......... 4/16/2015 10/27/2015, 80 FR
65655.
244-0248 Recordkeeping 4/16/2015 10/27/2015, 80 FR Except (4)(c) and (d)
Requirements. 65655.
244-0250 Reporting Requirements 4/16/2015 10/27/2015, 80 FR
65655.
244-0252 General Provision 12/31/2008 10/27/2015, 80 FR
Applicability. 65655.
----------------------------------------------------------------------------------------------------------------
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........... 10/16/2015 5/24/2018, 83 FR 24034
250-0040 Conformity Analysis... 10/14/1999 1/22/2003, 68 FR 2891.
250-0050 Reporting Requirements 10/14/1999 1/22/2003, 68 FR 2891.
250-0060 Public Participation.. 10/14/1999 1/22/2003, 68 FR 2891.
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 Propose............... 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
----------------------------------------------------------------------------------------------------------------

[[Page 790]]

Division 256--Motor Vehicles
----------------------------------------------------------------------------------------------------------------
256-0010 Definitions........... 7/12/2005 12/19/2011, 76 FR
78571.
----------------------------------------------------------------------------------------------------------------
Visible Emissions
----------------------------------------------------------------------------------------------------------------
256-0100 Visible Emissions-- 7/12/2005 12/19/2011, 76 FR
General Requirements, 78571.
Exclusions.
256-0130 Motor Vehicle Fleet 7/12/2005 12/19/2011, 76 FR
Operation. 78571.
----------------------------------------------------------------------------------------------------------------
Certification of Pollution Control Systems
----------------------------------------------------------------------------------------------------------------
256-0200 County Designations... 10/14/1999 11/22/2004, 69 FR
67819.
----------------------------------------------------------------------------------------------------------------
Emission Control System Inspection
----------------------------------------------------------------------------------------------------------------
256-0300 Scope................. 7/12/2005 12/19/2011, 76 FR
78571.
256-0310 Government-Owned 7/12/2005 12/19/2011, 76 FR
Vehicle, Permanent 78571.
Fleet Vehicle and
United States
Government Vehicle
Testing.
256-0330 Department of Defense 10/14/1999 11/24/2004, 69 FR
Personnel 67819.
Participating in the
Privately Owned
Vehicle Import
Control Program.
256-0340 Light Duty Motor 7/12/2005 12/19/2011, 76 FR
Vehicle Emission 78571.
Control Test Method
for Enhanced Program.
256-0350 Light Duty Motor 7/12/2005 12/19/2011, 76 FR
Vehicle Emission 78571.
Control Test Method
for Enhanced Program.
256-0355 Emissions Control Test 10/25/2000 11/22/2004, 69 FR
Method for OBD Test 67819.
Program.
256-0356 Emissions Control Test 10/4/2001 11/22/2004, 69 FR
Method for On-Site 67819.
Vehicle Testing for
Automobile
Dealerships.
256-0370 Renewal of 10/14/1999 11/22/2004, 69 FR
Registration for 67819.
Light Duty Motor
Vehicles and Heavy
Duty Gasoline Motor
Vehicles Temporarily
Operating Outside of
Oregon.
256-0380 Light Duty Motor 7/12/2005 12/19/2011, 76 FR
Vehicle Emission 78571.
Control Test Criteria
for Basic Program.
256-0390 Heavy Duty Gasoline 7/12/2005 12/19/2011, 76 FR
Motor Vehicle 78571.
Emission Control Test
Criteria.
256-0400 Light Duty Motor 10/14/1999 11/22/2004, 69 FR
Vehicle Emission 67819.
Control Standards for
Basic Program.
256-0410 Light Duty Motor 10/14/1999 11/22/2004, 69 FR
Vehicle Emission 67819.
Control Standards for
Basic Program.
256-0420 Heavy-Duty Gasoline 10/14/1999 11/22/2004, 69 FR
Motor Vehicle 67819.
Emission Control
Standards.
256-0440 Criteria for 10/25/2000 11/22/2004, 69 FR
Qualifications of 67819.
Persons Eligible to
Inspect Motor
Vehicles and Motor
Vehicle Pollution
Control Systems and
Execute Certificates.

[[Page 791]]

256-0450 Gas Analytical System 10/14/1999 11/22/2004, 69 FR
Licensing Criteria 67819.
for Basic Program.
256-0460 Gas Analytical System 10/14/1999 11/22/2004, 69 FR
Licensing Criteria 67819.
for Enhanced Program.
256-0465 Test Equipment 10/25/2000 11/22/2004, 69 FR
Licensing Criteria 67819.
for OBD Test Program.
256-0470 Agreement with 10/14/1999 11/22/2004; 69 FR
Independent 67819.
Contractor;
Qualifications of
Contractor; Agreement
Provisions.
----------------------------------------------------------------------------------------------------------------
Division 258--Motor Vehicle Fuel Specifications
----------------------------------------------------------------------------------------------------------------
258-0010 Definitions........... 10/14/1999 1/22/2003, 68 FR 2891.
----------------------------------------------------------------------------------------------------------------
Oxygenated Gasoline
----------------------------------------------------------------------------------------------------------------
258-0100 Policy................ 10/14/1999 1/22/2003, 68 FR 2891.
258-0110 Purpose and General 10/14/1999 1/22/2003, 68 FR 2891.
Requirements.
258-0120 Sampling and Testing 10/14/1999 1/22/2003, 68 FR 2891.
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, 69 FR 2891.
Content Standard.
258-0150 Average Oxygen Content 10/14/1999 1/22/2003, 68 FR 2891.
Standard.
258-0160 Minimum Oxygen Content 10/14/1999 1/22/2003, 68 FR 2891.
258-0170 Oxygenated Gasoline 10/14/1999 1/22/2003, 68 FR 2891.
Blending.
258-0180 Registration.......... 10/14/1999 1/22/2003, 68 FR 2891.
258-0190 CAR, Distributor and 10/14/1999 1/22/2003, 68 FR 2891.
Retail Outlet
Operating Permits.
258-0200 Owners of Gasoline and 10/14/1999 1/22/2003, 68 FR 2891.
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 Activities. 10/14/1999 1/22/2003, 68 FR 2891.
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 Produce 10/14/1999 1/22/2003, 68 FR 2891.
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 Provision 10/14/1999 1/22/2003, 68 FR 2891.
for Carbon Monoxide
Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------
Standard for Automotive Gasoline
----------------------------------------------------------------------------------------------------------------
258-0400 Reid Vapor Pressure 10/14/1999 1/22/2003, 68 FR 2891.
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.

[[Page 792]]

262-0450 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
262-0500 Certification of Solid 3/15/2011 6/20/2013, 78 FR 37124
Fuel Burning Devices
for Sale and New.
262-0600 New and Used Solid 5/17/2012 6/20/2013, 78 FR 37124
Fuel Burning Devices.
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 Other 3/15/2011 6/20/2013, 78 FR 37124
Heating Devices
Curtailment Program.
262-0900 Materials Prohibited 3/15/2011 6/20/2013, 78 FR 37124
from Burning.
262-1000 Wood Burning 12/11/2012 6/6/2016, 81 FR 36176.
Contingency Measures
for PM2.5
Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------
Division 264--Rules for Open Burning
----------------------------------------------------------------------------------------------------------------
264-0010 How to Use These Open 4/16/2015 10/11/2017, 82 FR
Burning Rules. 47122.
264-0020 Policy................ 4/16/2015 10/11/2017, 82 FR
47122.
264-0030 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
264-0040 Exemptions, Statewide. 4/16/2015 10/11/2017, 82 FR
47122.
264-0050 General Requirements 4/16/2015 10/11/2017, 82 FR
Statewide. 47122.
264-0060 General Prohibitions 4/16/2015 10/11/2017, 82 FR
Statewide. 47122.
264-0070 Open Burning 4/16/2015 10/11/2017, 82 FR
Conditions. 47122.
264-0075 Delegation of 4/16/2015 10/11/2017, 82 FR
Authority. 47122.
264-0078 Open Burning Control 4/16/2015 10/11/2017, 82 FR
Areas. 47122.
264-0080 County Listing of 4/16/2015 10/11/2017, 82 FR
Specific Open Burning 47122.
Rules.
----------------------------------------------------------------------------------------------------------------
Open Burning Requirements
----------------------------------------------------------------------------------------------------------------
264-0100 Baker, Clatsop, Crook, 4/16/2015 10/11/2017, 82 FR
Curry, Deschutes, 47122.
Gilliam, Grant,
Harney, Hood River,
Jefferson, Klamath,
Lake, Lincoln,
Malheur, Morrow,
Sherman, Tillamook,
Umatilla, Union,
Wallowa, Wasco and
Wheeler Counties.
264-0110 Benton, Linn, Marion, 4/16/2015 10/11/2017, 82 FR
Polk, and Yamhill 47122.
Counties.
264-0120 Clackamas County...... 4/16/2015 10/11/2017, 82 FR
47122.
264-0130 Multnomah County...... 4/16/2015 10/11/2017, 82 FR
47122.
264-0140 Washington County..... 4/16/2015 10/11/2017, 82 FR
47122.
264-0150 Columbia County....... 4/16/2015 10/11/2017, 82 FR
47122.
264-0160 Lane County........... 4/16/2015 10/11/2017, 82 FR
47122.
264-0170 Coos, Douglas, Jackson 4/16/2015 10/11/2017, 82 FR
and Josephine 47122.
Counties.
264-0175 Klamath County........ 4/16/2015 10/11/2017, 82 FR
47122.
264-0180 Letter Permits........ 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
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 Requirements.. 10/14/1999 1/22/2003, 68 FR 2891.
266-0050 Registration, Permits, 10/14/1999 1/22/2003, 68 FR 2891.
Fees, Records.
266-0060 Acreage Limitations, 10/14/1999 1/22/2003, 68 FR 2891.
Allocations.
266-0070 Daily Burning 10/14/1999 1/22/2003, 68 FR 2891.
Authorization
Criteria.

[[Page 793]]

266-0080 Burning by Public 10/14/1999 1/22/2003, 68 FR 2891.
Agencies (Training
Fires).
266-0090 Preparatory Burning... 10/14/1999 1/22/2003, 68 FR 2891.
266-0100 Experimental Burning.. 10/14/1999 1/22/2003, 68 FR 2891.
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......... 4/16/2015 10/11/2017, 82 FR
47122.
268-0020 Definitions........... 4/16/2015 10/11/2017, 82 FR
47122.
268-0030 Emission Reduction 4/16/2015 10/11/2017, 82 FR
Credits. 47122.
----------------------------------------------------------------------------------------------------------------
Oregon Department of Forestry--Chapter 629
----------------------------------------------------------------------------------------------------------------
629-24-301 Maintenance of 8/1/1987 11/1/2001, 66 FR 55105 Statewide Visibility
Productivity and Plan.
Related Values.
629-43-043 Smoke Management Plan. 4/13/1987 11/1/2001, 66 FR 55105 Statewide 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 Visibility
Supplies. Plan.
837-110-0030 Firefighting Equipment 2/7/1994 11/1/2001, 66 FR 55105 Statewide 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 Visibility
Zones. 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 Visibility
Supplies. Plan.
837-110-0130 Firefighting Equipment 2/7/1994 11/1/2001, 66 FR 55105 Statewide Visibility
Plan.
837-110-0140 Communication......... 2/7/1989 11/1/2001, 66 FR 55105 Statewide Visibility
Plan.
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.

[[Page 794]]

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.
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.

[[Page 795]]

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.
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.

[[Page 796]]

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.
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.
City of Oakridge Ordinance No. An Ordinance 11/10/2016 2/8/2018, 83 FR 5537..... Oakridge PM-2.5
920. Amending Section Attainment Plan.
7 of Ordinance Only with respect
914 and Adopting to Sections 1,
New Standards for 2(1), 2(2), 3,
the Oakridge Air 4, 5 and 7.
Pollution Control
Program.
----------------------------------------------------------------------------------------------------------------

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

[[Page 797]]

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

[[Page 798]]

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

[[Page 799]]

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

[[Page 800]]

Table 5--EPA Approved Oregon Administrative Rules (OAR) Also Approved for Lane County
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Division 200--General Air Pollution Procedures and Definitions
----------------------------------------------------------------------------------------------------------------
202-0020................... General Air Quality 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Definitions. 47122]. LRAPA Title 12.
----------------------------------------------------------------------------------------------------------------
Division 202--Ambient Air Quality Standards and PSD Increments
----------------------------------------------------------------------------------------------------------------
Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
202-0050................... Purpose and Scope of 4/16/2015 10/11/2017, 82 FR
Ambient Air Quality 47122.
Standards.
----------------------------------------------------------------------------------------------------------------
Division 204--Designation of Air Quality Areas
----------------------------------------------------------------------------------------------------------------
Designation of Areas
----------------------------------------------------------------------------------------------------------------
204-0300................... Designation of 4/16/2015 10/11/2017, 82 FR
Sustainment Areas. 47122.
204-0310................... Designation of 4/16/2015 10/11/2017, 82 FR
Reattainment Areas. 47122.
204-0320................... Priority Sources..... 4/16/2015 10/11/2017, 82 FR
47122.
----------------------------------------------------------------------------------------------------------------
Division 208--Visible Emissions and Nuisance Requirements
----------------------------------------------------------------------------------------------------------------
208-0110................... Visible Air 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Contaminant 47122. LRAPA 32.010.
Limitations.
208-0210................... Requirements for 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Fugitive Emissions. 47122. LRAPA 48-015.
----------------------------------------------------------------------------------------------------------------
Division 214--Stationary Source Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Reporting
----------------------------------------------------------------------------------------------------------------
214-0114................... Records; Maintaining 4/16/2015 10/11/2017, 82 FR Paragraph (5) only.
and Reporting. 47122. Replaces/supersedes
LRAPA 35-0160.
----------------------------------------------------------------------------------------------------------------
Division 216--Air Contaminant Discharge Permits
----------------------------------------------------------------------------------------------------------------
216-0040................... Application 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Requirements. 47122. LRAPA 37-0040.
216-8010................... Table 1 Activities 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
and Sources. 47122. LRAPA 37-8010 Table
1.
----------------------------------------------------------------------------------------------------------------
Division 222--Stationary Source Plant Site Emission Limits
----------------------------------------------------------------------------------------------------------------
Criteria for Establishing Plant Site Emission Limits
----------------------------------------------------------------------------------------------------------------
222-0090................... Combining and 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Splitting sources 47122. LRAPA 42-0090.
and Changing Primary
SIC Code.
----------------------------------------------------------------------------------------------------------------
Division 224--New Source Review
----------------------------------------------------------------------------------------------------------------
224-0030................... New Source Review 4/16/2015 10/11/2017, 82 FR
Procedural 47122.
Requirements.
----------------------------------------------------------------------------------------------------------------
Net Air Quality Benefit Emission Offsets
----------------------------------------------------------------------------------------------------------------
224-0530................... Requirements for 4/16/2015 10/11/2017, 82 FR
Demonstrating Net 47122.
Air Quality Benefit
for Non-Ozone Areas.
----------------------------------------------------------------------------------------------------------------
Division 225--Air Quality Analysis Requirements
----------------------------------------------------------------------------------------------------------------
225-0010................... Purpose and 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Jurisdiction. 47122. LRAPA 40-0010.

[[Page 801]]

225-0020................... Definitions.......... 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
47122. LRAPA 40-0020.
225-0030................... Procedural 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Requirements. 47122. LRAPA 40-0030.
225-0040................... Air Quality Models... 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
47122. LRAPA 40-0040.
225-0045................... Requirements for 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Analysis in 47122. LRAPA 40-0045.
Maintenance Areas.
225-0050................... Requirements for 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Analysis in PSD 47122. LRAPA 40-0050.
Class II and Class
III Areas.
225-0060................... Requirements for 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Demonstrating 47122. LRAPA 40-0060.
Compliance with
Standards and
Increments in PSD
Class I Areas.
225-0070................... Requirements for 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Demonstrating 47122. LRAPA 40-0070.
Compliance with Air
Quality Related
Values Protection.
----------------------------------------------------------------------------------------------------------------
Division 226--General Emission Standards
----------------------------------------------------------------------------------------------------------------
Grain Loading Standards
----------------------------------------------------------------------------------------------------------------
226-0210................... Particulate Emission 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Limitations for 47122. LRAPA 32-015.
Sources Other Than
Fuel Burning, and
Refuse Burning
Equipment and
Fugitive Emissions.
----------------------------------------------------------------------------------------------------------------
Division 228--Requirements for Fuel Burning Equipment and Fuel Sulfur Content
----------------------------------------------------------------------------------------------------------------
General Emission Standards for Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
228-0210................... Grain Loading 4/16/2015 10/11/2017, 82 FR Replaces/supersedes
Standards. 47122. LRAPA 32-020, 32-
030.
----------------------------------------------------------------------------------------------------------------

(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.

[[Page 802]]

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.
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.

[[Page 803]]

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.
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.
4.66, 12/06/2012 10/21/2016, 81 FR 72714................ 4.66 2012 Oakridge-Westfir
PM2.5 Attainment Plan.
4.67, 1/20/2017 2/8/2018, 83 FR 5537................... 4.67 Updated Oakridge-
Westfir PM2.5 Attainment
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.
7/13/2012 5/17/2018, 83 FR 22853................. Regional Haze Progress
Report
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.................

[[Page 804]]

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.
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.

[[Page 805]]

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.
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....................... Purpose.......... 4/16/2015 10/11/2017, 82 FR 47122..
200-0110....................... Public Interest 4/16/2015 10/11/2017, 82 FR 47122..
Representation.
200-0120....................... Disclosure of 4/16/2015 10/11/2017, 82 FR 47122..
Potential
Conflicts of
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...
----------------------------------------------------------------------------------------------------------------

[[Page 806]]

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 Directives
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Directive 1-4-1-601.............. Operational 10/23/1992 11/1/2001, 66 FR
Guidance for the 55112.
Oregon Smoke
Management Program.
ODEQ-LRAPA Stringency Directive, DEQ analysis and 4/16/2015 10/11/2017, 82 FR
Attachment B. recommendations 47122.
regarding which of
the proposed rules
that the EQC
should require
LRAPA to implement
directly.
----------------------------------------------------------------------------------------------------------------

EPA-Approved Manuals
----------------------------------------------------------------------------------------------------------------
State
Name Adoption date effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
ODEQ Source Sampling Manual....... 4/16/2015 4/16/2015 10/11/2017, 82 FR Volumes I and II for
47122. purposes of the
limits approved into
the SIP.
ODEQ Continuous Emissions 4/16/2015 4/16/2015 10/11/2017, 82 FR For purposes of the
Monitoring Manual. 47122. limits approved into
the SIP.
----------------------------------------------------------------------------------------------------------------

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; 82 FR 47126, Oct. 11, 2017; 83 FR
5539, Feb. 8, 2018; 83 FR 22854, May 17, 2018; 83 FR 24036, May 24,
2018]

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]

[[Page 807]]

Sec. 52.1972 Approval status.

With the exceptions set forth in this subpart, the Administrator
approves Oregon's plan for the attainment and maintenancce of the
national standards under section 110 of the Clean Air Act.

[65 FR 29958, May 10, 2000]

Sec. 52.1973 Approval of plans.

(a) Carbon monoxide. (1) EPA approves as a revision to the Oregon
State Implementation Plan, the Second Portland Area Carbon Monoxide
Maintenance Plan, effective December 15, 2004, and submitted to EPA on
December 27, 2004.
(2) EPA approves as a revision to the Oregon State Implementation
Plan, the Salem carbon monoxide maintenance plan submitted to EPA on
August 9, 2007.
(b) Lead. [Reserved]
(c) Nitrogen Dioxide. [Reserved]
(d) Ozone. (1) EPA approves as a revision to the Oregon State
Implementation Plan, the section 110(a)(1) ozone maintenance plans for
Portland and Salem, submitted to EPA on May 22, 2007.
(2) [Reserved]
(e) Particulate Matter.
(1) EPA approves as a revision to the Oregon State Implementation
Plan, the Klamath Falls PM-10 maintenance plan submitted to EPA on
November 4, 2002.
(2) EPA approves as a revision to the Oregon State Implementation
Plan, the Grants Pass PM-10 maintenance plan submitted to EPA on
November 4, 2002.
(3) EPA approves as a revision to the Oregon State Implementation
Plan, the La Grande PM10 maintenance plan adopted by the Oregon
Environmental Quality Commission on August 11, 2005 and submitted to EPA
on October 25, 2005.
(4) EPA approves as a revision to the Oregon State Implementation
Plan, the Lakeview PM10 maintenance plan adopted by the Oregon
Environmental Quality Commission on August 11, 2005 and submitted to EPA
on October 25, 2005.
(5) EPA approves as a revision to the Oregon State Implementation
Plan, the Medford PM10 attainment and maintenance plan adopted by the
Oregon Environmental Quality Commission on December 10, 2004 and
submitted to EPA on March 10, 2005.
(6) EPA approves as a revision to the Oregon State Implementation
Plan, the Eugene-Springfield PM10 Limited Maintenance Plan
adopted by the Oregon Environmental Quality Commission on December 15,
2011 and submitted to EPA on January 13, 2012.
(6) EPA approves as a revision to the Oregon State Implementation
Plan, the Eugene-Springfield PM10 Limited Maintenance Plan
adopted by the Oregon Environmental Quality Commission on December 15,
2011 and submitted to EPA on January 13, 2012.
(f) Sulfur Dioxide. [Reserved]
(g) Visibility protection. (1) EPA approves portions of a Regional
Haze SIP revision submitted by the Oregon Department of Environmental
Quality on December 20, 2010, and adopted by the Oregon Department of
Environmental Quality Commission on December 9, 2010, as meeting the
requirements of Clean Air Act section 169A and 40 CFR 51.308(e)
regarding Best Available Retrofit Technology. The SIP revision also
meets the requirements of 40 CFR 51.308(d)(2) and (d)(4)(v) regarding
the calculation of baseline and natural conditions for the Mt. Hood
Wilderness Area, Mt. Jefferson Wilderness Area, Mt Washington Wilderness
Area, 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

[[Page 808]]

20, 2010, and adopted by the Oregon Department of Environmental Quality
Commission on December 9, 2010, as meeting the requirements of the Clean
Air Act section 169A and 40 CFR 51.308(d)(1) regarding establishing
reasonable progress goals, and 51.308(d)(3) for developing a long term
strategy to achieve these goals.

[68 FR 60041, Oct. 21, 2003, as amended at 68 FR 61116, Oct. 27, 2003;
71 FR 3770, Jan. 24, 2006; 71 FR 3770, Feb. 23, 2006; 71 FR 35160,
35163, 35174, June 19, 2006; 73 FR 79661, Dec. 30, 2008; 76 FR 39005,
July 5, 2011; 76 FR 78573, Dec. 19, 2011; 77 FR 50613, Aug. 22, 2012; 78
FR 21555, Apr. 11, 2013]

Sec. 52.1974 Original identification of plan section.

(a) This section identified the original ``State of Oregon Clean Air
Act Implementation Plan'' and all revisions submitted by Oregon that
were federally approved prior to September 1, 2013.
(b) The plan was officially submitted on January 25, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Amendments to the implementation plan including ORS chapters
449, 192, and 340 submitted on May 3, 1972, by the Governor.
(2) Transportation control strategy for oxidants and carbon monoxide
in the Oregon portion of the Portland Interstate Region submitted on
October 26, 1972, by the Governor.
(3) Compliance schedules submitted on February 9, 1973, by the
Department of Environmental Quality.
(4) Revision to the transportation control plan submitted on April
13, 1973, by the Governor.
(5) Compliance schedules submitted on May 30, 1973, by the
Department of Environmental Quality.
(6) Compliance schedules submitted on June 8, 1973, by the
Department of Environmental Quality.
(7) Compliance schedules submitted on June 22, 1973, by the
Department of Environmental Quality.
(8) Compliance schedules submitted on June 25, 1973, by the
Department of Environmental Quality.
(9) Compliance schedules submitted on July 31, 1973, by the
Department of Environmental Quality.
(10) Compliance schedules submitted on August 3, 1973, by the
Department of Environmental Quality.
(11) Request for an extension to May 31, 1976, of the attainment
date for carbon monoxide and photochemical oxidants and miscellaneous
additions (Nonregulatory) to the transportation control plan submitted
on September 21, 1973, by the Governor.
(12) Miscellaneous additions (Nonregulatory) to the transportation
control plan submitted on August 20, 1973, by the Department of
Environmental Quality.
(13) Plan for maintenance of the national standards submitted on
August 27, 1973, by the Department of Environmental Quality.
(14) Revision to Oregon Administrative Rules (OAR) Chapter 340,
sections 25-105 through 25-130,--Hot Mix Asphalt Plans and sections 25-
155 through 25-195 Kraft Pulp Mills submitted on February 8, 1973, by
the Department of Environmental Quality.
(15) Change to regulations for the Lane Regional Air Pollution
Authority submitted on February 13, 1973, by the Department of
Environmental Quality.
(16) Special air pollution control rules for Clackamas, Columbia,
Multnomah and Washington Counties and certification of the dissolution
of regulations for the Columbia-Willamette Air Pollution Authority
submitted on 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.

[[Page 809]]

(21) Air Contaminant Discharge Permits (Oregon Administrative Rules
340-20-140 through 340-20-185) submitted February 17, 1976.
(22) Lane Regional Air Pollution Authority Regulation, Title 22--
Permits, submitted June 7, 1976.
(23) Oregon Revised Statutes sections 468.450 through 468.485
submitted on August 1, 1975, by the Department of Environmental Quality.
(24) Oregon Administrative Rules (OAR) Chapter 340, sections 26-005
through 26-025, submitted on February 17, 1976, by the Department of
Environmental Quality.
(25) Request for an extension to May 31, 1978, of the attainment
date for particulate matter national secondary ambient air quality
standards in the Eugene/Springfield Air Quality Maintenance Area.
(26) Revision to the field burning regulations submitted on June 28,
1979; September 13, 1979, October 10, 1979; and March 11, 1980, by the
Department of Environmental Quality.
(27) On June 20 and 29, 1979, the Governor submitted: (i) Carbon
monoxide (CO) and ozone (O3) attainment plans for the Oregon
portion of the Portland-Vancouver AQMA, Salem, and Medford-Ashland AQMA,
and (ii) a carbon monoxide (CO) attainment plan for the Eugene-
Springfield AQMA.
(28) On June 20, 1979, the Governor requested an extension beyond
1982 for the attainment of carbon monoxide (CO) in Portland, Eugene-
Springfield and Medford.
(29) On June 29, 1979, the Governor requested an extension beyond
1982 for the attainment of ozone (O3) in Portland.
(30) On February 14, 1980, the State Department of Environmental
Quality submitted its official response to EPA's proposed SIP actions
which were published in the Federal Register on January 21, 1980 (45 FR
3929).
(31) On May 6, 1980, the State Department of Environmental Quality
submitted recodified portions of Oregon Revised Statutes (ORS) 449 which
authorize Oregon's automobile inspection/maintenance program. This
submittal, requested by EPA, included chapters ORS 468.360 through
468.420, 481.190, 481.200, 483.800, 483.820, and 483.825.
(32) Revisions to the program for controlling the open burning of
grass seed fields submitted on April 22, 1980, by the Department of
Environmental Quality.
(33) Oregon Administrative Rules (OAR) Chapter 340, sections 24-300
through 24-350 for the vehicle inspection and maintenance program,
submitted on July 26, 1980, by the Oregon Department of Environmental
Quality.
(34) On December 27, 1979, the State of Oregon Department of
Environmental Quality submitted a plan revision to meet the requirements
of Air Quality Monitoring 40 CFR part 58, subpart C Sec. 58.20.
(35) On December 31, 1980, the State Department of Environmental
Quality submitted an Oregon Air Containment Discharge Permit No. 36-6041
Addendum No. 1 issued to Spaulding Pulp and Paper Company on December
11, 1980; Oregon Air Discharge Containment Discharge Permit No. 26-3025,
issued to Industrial Laundry Dry Cleaners, Inc., on December 1980 and
Oregon Environmental Quality Commission Stipulation and Consent Final
Order concerning Vanply, Inc., dated December 30, 1980.
(36) On September 8, October 16, December 5, December 19, 1980, May
29, 1981 and September 9, 1981, DEQ submitted revisions to the SIP
designed to 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;

[[Page 810]]

Title 20, Sections 110, 115, 120, 125, 129 and 130; Title 21, Sections
010 and 030; Title 32, Sections 005 and 010; Title 33, Sections 005,
010, 015 and 065; Title 36; Title 42; Title 43; Title 44; and Title 45),
November 6, 1979 (Title 22,Section 020 and Table A), and January 30,
1980 (Title 36).
(39) Conditions 5 and 6 of the Air Contaminant Discharge Permit for
the Weyerhaeuser Company plant in Bly, Oregon (Permit Number: 18-0037)
submitted by the Department of Environmental Quality on March 24, 1981.
(40) Condition 4, 5, and 6 of the Air Contaminant Discharge Permit
for the Weyerhaeuser Company plant in North Bend, Oregon (Permit Number:
06-0007) submitted by the Department of Environmental Quality on March
27, 1981.
(41) Revisions to the agricultural open field burning rules (OAR
340-26-005 through 340-26-030) submitted by the Department of
Environmental Quality on April 23, 1981, and amended ``Smoke Management
Program Operational Guidelines'' submitted by the Department of
Environmental Quality on July 8, 1981.
(42) Revisions to the rules for sulfite pulp mills (OAR 340-25-350
through 340-25-390) submitted by the Department of Environmental Quality
on June 2, 1980.
(43) Revisions to the Air Quality Schedule of Civil Penalties (OAR
340-12-050) submitted by the Department of Environmental Quality on
February 14, 1980.
(44) Revision to the ambient air quality standard for ozone (OAR
340-31-030) submitted by the Department of Environmental Quality on June
20, 1979.
(45) On March 24, 1981, the State Department of Environmental
Quality submitted control strategies for the Portland secondary total
suspended particulates nonattainment area.
(46) On March 23, 1981, the State Department of Environmental
Quality submitted control strategies for the Eugene-Springfield
secondary total suspended particulates nonattainment area.
(47) On October 16, 1980, the State Department of Environmental
Quality submitted revisions to the control strategies for the Salem
ozone nonattainment area.
(48) On August 17, 1981, the State Department of Environmental
Quality submitted amendments to the operating rules for the Portland
motor vehicle inspection program (OAR 340-24-300 through 350).
(49) On March 11, 1982, the State of Oregon Department of
Environmental Quality submitted three revisions to the Lane Regional Air
Pollution Authority rules. They are:
(i) Title 11 Definitions (Section 015.013, Air Conveying Systems),
(ii) Title 22 Permits (Section 020, Fees),
(iii) Title 32 Emission Standards (Section 800, Air Conveying
System).
(50) On March 11, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to their State ambient air
quality standard for ozone (from 0.08 ppm to 0.12 ppm.
(51) Amendments to the Air Contaminant Discharge Permit Rules
submitted by the State Department of Environmental Quality on February
15, 1977 (OAR 340-20-140 through 185), July 24, 1979 (OAR 340-20-155
Table A, 165, 175 and 180) and May 22, 1981 (OAR 340-20-155 Table A).
(52) Prevention of Significant Deterioration Rules (OAR 340-31-100,
105 subsections (12), (15) and (16), 110, 115, 120 and 130) submitted by
the State Department of Environmental Quality on June 20, 1979, and
September 9, 1981.
(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

[[Page 811]]

and O3 attainment dates to December 31, 1985, and December
31, 1987, respectively.
(56) On August 9, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to remove the Mid-Willamette
Valley Air Pollution Authority Regulations from the Oregon state
implementation plan.
(57) Amendments to the rules for primary aluminum plants submitted
by the Oregon State Department of Environmental Quality on February 21,
1974 (OAR 340-25-255 to 290), February 14, 1980 (OAR 340-25-265(4)(b)
and 265(5)) and August 9, 1982 (OAR 340-25-255 to 285).
(58) Amendments to the rules for equipment burning salt laden wood
waste from logs stored in salt water (OAR 340-21-020) and removal of
Conditions 4, 5, and 6 of the Air Contaminant Discharge Permit for the
Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 06-
0007) submitted by the Oregon State Department of Environmental Quality
on October 18, 1982.
(59) On August 16, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to OAR 340-24-300 to 24-350
(Vehicle Inspection Program Rules).
(60) On January 24, 1983, the State of Oregon Department of
Environmental Quality submitted a revision to add a lead strategy to the
Oregon Implementation Plan and revise the State lead ambient air quality
standard to agree with the Federal standard.
(61) On December 13, 1982, the State of Oregon Department of
Environmental Quality submitted two revisions to the Lane Regional Air
Pollution Authority rules. The revisions are: (1) Title 32, Emission
Standards (Section 800, Air Conveying Systems)--revision to compliance
date and (2) Title 33, Prohibited Practices and Control of Special
Classes (Section 070, Kraft Pulp Mills)--new rules.
(62) Title 22 ``PERMITS'' of the Lane Regional Air Pollution
Authority Rules, except to the extent that they apply to marine vessel
emissions and except the definitions of ``dispersion technique'' and
``good engineering practice stack height'', and Title 32 ``EMISSION
STANDARDS'' Sections 32-100 through 32-104 of the Lane Regional
Authority Rules, submitted by the State Department of Environmental
Quality on March 2, 1983; clarifying letter dated June 20, 1984.
(63) On May 6, 1983, the Oregon Department of Environmental Quality
submitted revisions to its rules as follows:
(A) Revisions to the ``New Source Review'' rule consisting of an
amended section OAR 340-20-225, specifically, the deletion of the
definitions of ``Dispersion Technique'' (OAR 340-20-225(7)) and ``Good
Engineering Practice Stack Height'' (OAR 340-20-225(11)), the
renumbering of OAR 340-20-225, the revision of the definition of
``Nonattainment Area'' (OAR 340-20-225(14)), and changes to numerous
references to coincide with the new numbering; the deletion of
subsection OAR 340-20-240(7) ``Growth Increments'' and the addition of a
new section OAR 340-20-241 ``Growth Increments;'' an amended section OAR
340-20-245, specifically, revised subsections OAR 340-20-245(2)(c) and
OAR 340-20-245(4), and changes to numerous references to coincide with
the new numbering of the definitions in OAR 340-20-225; and amendment to
subsection )AR 340-20-260(2); a revised reference in OAR 340-20-265(6)
to coincide with the new numbering of a definition; and the deletion of
section OAR 340-20-275 ``Stack Heights''.
(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

[[Page 812]]

rules for the Medford-Ashland ozone nonattainment area (OAR 340-22-
110(1)(a), effective October 7, 1983, and a revised ozone ambient air
quality standard for the Lane Regional Air Pollution Authority (Section
31-035 Ozone, effective July 12, 1983). On December 14, 1983, the State
submitted revisions to the automobile inspection and maintenance program
for Portland (OAR 340-24-306 through 340-24-350, effective November 18,
1983). EPA is also approving OAR 340-27-035 which requires an
``operation and maintenance manual'' for administering the provisions of
the Emergency Episode Plan (effective October 7, 1983).
(66) On October 20, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to the Medford, Oregon,
Carbon Monoxide Attainment Plan which is contained in the Oregon State
Implementation Plan. This plan builds upon the plan submitted in June
1979.
(67) On April 25, 1983, the State Department of Environmental
Quality submitted Section 4.10, ``Medford-Ashland Air Quality
Maintenance Area State Implementation Plan for Particulate Matter.''
(68) Amendments to the Open Burning Rules (OAR 340-23-022 through
115), submitted by the State Department of Environmental Quality on June
5, 1984.
(69) Amendments to the Refuse Burning Equipment Limitations rules,
specifically OAR 340-21-005 (1) and (4), OAR 340-21-025(2)(b), and OAR
340-21-027, were submitted by the State Department of Environmental
Quality on January 16, 1984; and amendments to the Open Field Burning
rules, specifically, the addition of new sections 340-21-001, 340-26-
003, 340-26-031, 340-26-035, 340-26-040 and 340-21-045, revisions to
sections 340-26-005, 340-26-013, 340-26-015, 340-26-010 and replacing it
with a new section 340-26-010, the deletion of the existing section 340-
26-011 and 340-26-020, were submitted by the State Department of
Environmental Quality on March 14, 1984.
(70) On December 10, 1984, the Oregon Department of Environmental
Quality submitted revisions to its Civil Penalty Rules (OAR 340-12)
which deleted Sections 005 through 025 and 052 through 068; amended
Sections 030, 040 and 050; and added Sections 070 and 075. Sections 035
and 045 were retained.
(71) Revisions to the Oregon State Implementation Plan were
submitted by the Director on July 26, 1984, and August 7, 1984.
Revisions are woodstove certification program rules (OAR 340-21-100 to
340-21-190), Oregon Revised Statutes 468.630 to 468.655 and amendment to
field burning introduction (OAR 340-26-001) and repeal the field burning
rules relating to tax credits (OAR 340-26-030).
(i) Incorporation by reference:
(A) Woodstove certification program rules (OAR 340-21-100 to 340-21-
190) as published in the Oregon Administrative Rules, November 1984.
(B) The Oregon Revised Statutes 468.630 to 468.655 as signed by the
Governor on July 5, 1984.
(C) Amendment to the field burning rule introduction (OAR 340-60-
001) as adopted by the Oregon Environmental Commission on June 29, 1984.
(72) Revisions to the Oregon SIP were submitted by the Director on
May 6, 1985. Revisions are: Definitions to the Vehicle Inspection
Operating Rules (OAR 340-24-305 (20) and (22)) and the Light Duty Motor
Vehicle Emission Control Test Method (OAR 340-24-310 through 350 as
amended).
(i) Incorporation by reference.
(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

[[Page 813]]

approved by the Environmental Quality Commission on April 19, 1985.
(74) On September 25, 1984, the State of Oregon Department of
Environmental Quality submitted an amendment to OAR 340-20-047,
specifically Section 5.2 ``VISIBILITY PROTECTION PLAN FOR CLASS I
AREAS.'' On September 25, 1984, October 22, 1985, and March 19, 1986,
the State of Oregon Department of Environmental Quality submitted
amendments to the ``New Source Review'' rules, specifically, amendments
to OAR 340-20-225, OAR 340-20-230(1)(e) and (f), OAR 340-20-245(5), and
OAR 340-20-245(7) (submitted on 9/25/84), amendments to OAR 340-20-
245(3) (submitted on 9/25/84 and 10/22/85), OAR 340-20-276 (submitted on
9/25/84), and amendments to OAR 340-20-276(1) (submitted on 10/22/85 and
3/19/86).
(i) Incorporation by reference.
(A) Letter of September 25, 1984, from the Oregon State Department
of Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, adopted by the
Environmental Quality Commission on September 14, 1984, as follows:
(1) OAR 340-20-047, Section 5.2 ``VISIBILITY PROTECTION PLAN FOR
CLASS I AREAS,'' except for ``Reserved'' subsections 5.2.5 ``Best
Available Retrofit Technology,'' 5.2.6 ``Integral Vistas,'' and 5.2.7
``Control Strategies;''
(2) OAR 340-20-225 ``Definitions'' as amended;
(3) OAR 340-20-230 ``Procedural Requirements,'' subsection (1)
``Information Required,'' paragraphs (e) and (f) as amended;
(4) OAR 340-20-245 ``Requirements for Sources in Attainment or
Unclassified Areas (Prevention of Significant Deterioration),''
subsection (5) ``Air Quality Monitoring,'' paragraph (a) as amended;
(5) OAR 340-20-245 ``Requirements for Sources in Attainment or
Unclassified Areas (Prevention of Significant Deterioration),''
subsection (7) ``Sources Impacting Class I areas'' as amended.
(B) Letter of October 22, 1985, from the Oregon State Department of
Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, adopted by the
Environmental Quality Commission on September 27, 1985, as follows:
(1) OAR 340-20-245 ``Requirements for Sources in Attainment or
Unclassified Areas (Prevention of Significant Deterioration),''
subsection (3) ``Exemption for Sources Not Significantly Impacting
Designated Nonattainment Areas,'' paragraph (a) as amended.
(C) Letter of March 19, 1986, from the Oregon State Department of
Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, adopted by the
Environmental Quality Commission on November 22, 1985, as follows:
(1) OAR-340-20-276 ``Visibility Impact'' as amended.
(75) A revision to the Oregon State Implementation Plan was
submitted by the Director of Department of Environmental Quality (DEQ)
on October 9, 1985, and supplemented with technical appendices on
February 13, 1986. This revision adds a mandatory vehicle Inspection and
Maintenance (I/M) program to the existing Medford Carbon Monoxide plan,
modifies the Oregon I/M regulations for underhood inspections by
eliminating tampering checks of 1974 and older model vehicles and
removes the existing section 110(a)(2)(I) construction moratorium.
(i) Incorporation by reference.
(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.

[[Page 814]]

(E) Section 4.9.5.1 (Reasonable Further Progress) of the Control
Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State
Implementation Plan Revision for Carbon Monoxide as adopted by the
Environmental Quality Commission on October 15, 1982.
(F) Section 4.9.5.5 (Conformity of Federal Actions) of the Control
Strategy for Medford-Ashland Quality Maintenance Area 1982 State
Implementation Plan Revision for Carbon Monoxide as adopted by the
Enviromental Quality Commission on October 15, 1982.
(G) Section 4.9.4 (Control Strategy) of the Control Strategy for
Medford-Ashland Air Quality Maintenance Area 1982 State Implementation
Plan Revision for the Carbon Monoxide as adopted by the Environmental
Quality Commission on October 15, 1982.
(76) Revisions to the Oregon State Implementation Plan were
submitted by the Director of the Department of Environmental Quality on
August 5, 1985. Revisions are: Extension of existing emission standards
for veneer dryers (OAR 340-25-315) to include sources located in special
problem areas, and the deletion of any references to the implementation
of compliance dates which have already passed.
(i) Incorporation by reference.
(A) Letter of August 5, 1985, from the Department of Environmental
Quality to EPA and Amendments to OAR 340-25-315, Veneer and Plywood
Operations Rule, as adopted by the Environmental Quality Commission on
July 19, 1985.
(77) On February 28, 1985, the Director of the Oregon Department of
Environmental Quality submitted a request to EPA to redesignate the
Medford-Ashland Air Quality Maintenance Area (AQMA) from nonattainment
to attainment for the primary O3 standard and a plan to
maintain that standard.
(i) Incorporation by reference:
(A) Letter of February 28, 1985, from Oregon State Department of
Environmental Quality to EPA Region 10.
(B) Oregon Administrative Rules, Chapter 340, Division 20, Section
4.8 ``Medford-Ashland Air Quality Maintenance Area Plan for Maintenance
of Ozone Standard,'' adopted by the Oregon Environmental Quality
Commission on January 25, 1985.
(78) On May 30, 1986, the State of Oregon Department of
Environmental Quality submitted a new rule, OAR 340-20-037 ``Stack
Heights and Dispersion Techniques'' and requested the deletion of the
existing rules, OAR 340-20-340 and 345 ``Stack Heights and Dispersion
Techniques''. On October 23, 1987, the State of Oregon Department of
Environmental Quality submitted a letter indicating how this new rule
will be implemented until a definition of the terms ``emission
limitation'' and ``emission stan
(i) Incorporation by reference.
(A) Letter of May 30, 1986, from the Oregon State Department of
Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, Section 037 ``Stack
Heights and Dispersion Techniques'', adopted by the Environmental
Quality Commission on April 25, 1986.
(B) Letter of October 23, 1987, from the Oregon State Department of
Environmental Quality to EPA Region 10.
(79) Revisions to the Oregon State Implementation Plan were
submitted by the Director of the Department of Environmental Quality of
October 15, 1986. Revisions are: OAR 340-24-330 (Light Duty Motor
Vehicle Emission Control Cutpoints or Standards) and 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

[[Page 815]]

air pollution authorities to set a permit fee schedule for sources
within their jurisdiction.
(i) Incorporation by reference.
(A) Letter dated May 23, 1986, from the State of Oregon Department
of Environmental Quality to EPA Region 10. Oregon Administrative Rule,
Chapter 340, Division 20, Section 340-20-165 ``Fees'', paragraph (12),
adopted by the Environmental Quality Commission on March 14, 1986.
(81) Oregon Administrative Rules (OAR) Chapter 340, Division 20,
Sections 200 through 215 (Conflict of Interest) submitted by the
Director of the Department of Environmental Quality on May 30, 1986.
These rules apply only to the Department of Environmental Quality and
the Environmental Quality Commission, and not to the Lane Regional Air
Pollution Authority and its Board of Directors.
(i) Incorporation by reference.
(A) Letter dated May 20, 1986, from the State of Oregon Department
of Environmental Quality to EPA Region 10. Oregon Administrative Rules,
Chapter 340, Division 20, Sections 200, 205, 210, and 215 (Conflict of
Interest) which was adopted by the Environmental Quality Commission on
April 25, 1986.
(82) On November 24, 1986, and supplemented on January 8, 1987, the
Director of the Department of Environmental Quality submitted the Grants
Pass carbon monoxide control strategy as a revision to the Oregon State
Implementation Plan.
(i) Incorporation by reference.
(A) Letter dated November 24, 1986, from the Director of the
Department of Environmental Quality to EPA Region 10.
(B) State of Oregon Clean Air Act Implementation Plan Section 4.11
Grants Pass Carbon Monoxide Control Strategy as adopted by the
Environmental Quality Commission on October 24, 1986.
(ii) Additional information.
(A) Letter dated January 8, 1987, from the Director of the
Department of Environmental Quality to EPA Region X.
(B) Technical appendices for the Grants Pass Carbon Monoxide Control
Strategy, Appendix 4.11.1 through 10.
(83) On March 3, 1987, the Director of the Department of
Environmental Quality submitted amendments to the Oregon visibility
protection program as a revisions to the Oregon state implementation
plan, specifically OAR 340-20-047, section 5.2 ``Visibility Protection
Plan for Class I Areas,'' OAR 629-43-043 ``Smoke Management Plan,'' and
Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke
Management Program.''
(i) Incorporation by reference.
(A) Two letters dated March 3, 1987, from the Director of the
Department of Environmental Quality to EPA Region 10 establishing the
effective dates for Oregon Administrative Rules referenced in paragraphs
(c)(83)(i) (B), (C), and (D) of this section.
(B) Oregon Administrative Rule, Chapter 340, Division 20, section
047, section 5.2 ``Visibility Protection Plan for Class I Areas'' as
adopted by the Environmental Quality Commission on October 24, 1986.
(C) Oregon Administrative Rule, Chapter 629, Division 43, section
043 ``Smoke Management Plan'' as adopted by the Environmental Quality
Commission on December 12, 1986.
(D) Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke
Management Program'' as adopted by the Environmental Quality Commission
on December 12, 1986.
(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

[[Page 816]]

Quality submitted amendments to the Procedures for Issuance, Denial,
Modification, and Revocation of Permits (OAR 340-14-007, 010, 020 (and
025), Air Contaminant Discharge Permit Notice Policy (OAR 340-20-150),
and the New Source Review Procedural Requirements (OAR 340-20-230).
(i) Incorporation by reference.
(A) February 17, 1989, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, Chapter 340, Division 14
(Procedures for Issuance, Denial, Modification, and Revocation of
Permits), section -007 (Exceptions); -010 (Definitions) (3); -020
(Application for a Permit) (1), (4)(b), and (5); -025 (Issuance of a
Permit) (2), (3), (4), (5), and (6) as adopted by the Environmental
Quality Commission on June 10, 1988.
(C) Oregon Administrative Rules, Chapter 340, Division 20 (Air
Pollution Control, Air Contaminant Discharge Permit), Section -150 (Air
Contaminant Discharge Permit Notice Policy) as adopted by the
Environmental Quality Commission on June 10, 1988.
(D) Oregon Administrative Rules, Chapter 340, Division 20 (Air
Pollution Control, New Source Review), Section -230 (Procedural
Requirements) (3)(D) as adopted by the Environmental Quality Commission
on June 10, 1988.
(86) Revisions to the Oregon State Implementation Plan were
submitted by the Director of the Department of Environmental Quality on
February 24, 1989. The revision is to OAR-340-24-300 through 350
(Vehicle Inspection Program Operating Rules, Test Procedures and
Licensed Exhaust Analyzer).
(i) Incorporation by reference.
(A) Letter dated February 24, 1989, from the Director of the
Department of Environmental Quality to EPA Region 10.
(B) OAR 340-24-301 [Boundary Designations] (2); OAR 340-24-310
[Light Duty Motor Vehicle Emission Control Test Method] (6); OAR 340-24-
320 (Light Duty Motor Vehicle Emission Control Test Criteria) (3)(a)
introductory text, (3)(b)(4), (5), and (6)(a); OAR 340-24-325 [Heavy
Duty Gasoline Motor Vehicle Emission Control Test Criteria] (3)(a)
introductory text, (4), and (5); OAR 340-24-330 (Light Duty Motor
Vehicle Emission Control Cutpoints or Standards) (3); and OAR 340-24-350
(Gas Analytical System Licensing Criteria) (1)(a)(C), (1)(a)(E), and
(1)(c) as adopted by the Environmental Quality Commission on September
9, 1988.
(87) On May 30, 1986, the Director of the Department of
Environmental Quality submitted revisions to Volume 2 ``The Federal
Clean Air Act Implementation Plan (and Other State Regulations)'' and on
July 11, 1986, a revised Section 3 ``Statewide Regulatory Provisions''
`Subsection 3.1 Oregon Administrative Rule--Chapter 340' (OAR 340-30-
015, 030, 031, 040, and 055) as revisions to the Oregon State
Implementation Plan.
(i) Incorporation by reference.
(A) May 30, 1986, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) July 11, 1986, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(C) Volume 2 ``The Federal Clean Air Act Implementation Plan (and
Other 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]

[[Page 817]]

effective 10-1-72, OAR 340-20-047 [State of Oregon Clean Air Act
Implementation Plan] effective 9-30-85, OAR 340-30-015 [Wood Waste
Boilers] effective 10-29-80, and OAR 340-31-105 [Definitions]) effective
9-8-81.
(E) Volume 2 ``The Federal Clean Air Act Implementation Plan (and
Other State Regulations),'' Section 3 ``(Statewide Regulatory
Provisions)'', Subsection 3.1 Oregon Administrative Rule--Chapter 340,
Division 30 (Specific Air Pollution Control Rules for the Medford-
Ashland Air Quality Maintenance Area), Section 015 (Wood Waste Boilers);
Section 030 (Wood Particle Dryers at Particleboard Plants); Section 031
(Hardboard Manufacturing Plants); Section 040 (Charcoal Processing
Plants); and Section 055 (Source Testing) as adopted by the
Environmental Quality Commission on June 13, 1986.
(88) A revision to the Oregon State Implementation Plan was
submitted by the Director of the Oregon Department of Environmental
Quality on September 14, 1989. The revision OAR-340-22-300 (Standard for
Automotive Gasoline) is approved in full with the exception of section
300 (6). EPA only approves the sampling procedures and test methods
specified in 40 CFR part 80 and is taking no action on the other test
procedures referenced in section 300 (6) specifically the ASTM D323
method and the California Air Resources rule methods.
(i) Incorporation by reference.
(A) Letter dated September 14, 1989, from the Director of the Oregon
Department of Environmental Quality to EPA Region 10. (B) Oregon
Administrative Rule, chapter 340, Division 22 (General Gaseous
Emissions), section 300 (standard for Automotive Gasoline) as adopted by
the Environmental Quality Commission on June 2, 1989.
(89) On January 2, 1991, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (the Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: OAR chapter
340, Division 20, Sections 350 to 380 (Excess Emissions). The Department
of Environmental Quality also repealed OAR 340-21-070 and OAR 340-21-075
from the state of Oregon's Air Quality Control Plan Volume 2.
(i) Incorporation by reference.
(A) January 2, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, Chapter 340, Division 20 (General);
-350 (Purpose and Applicability); -355 (Definitions); -360 (Planned
Startup and Shutdown); -365 (Scheduled Maintenance); -370 (Upsets and
Breakdowns); -375 (Reporting Requirements); and -380 (Enforcement Action
Criteria) as adopted by the Environmental Quality Commission on may 25,
1990, and were effective on January 2, 1991.
(90) On January 14, 1991, the State of Oregon Department of
Environmental Quality submitted amendments to the Parking Offsets in the
Portland Central business District (OAR-340-20-405 through 340-20-430)
in the State of Oregon Air Quality Control Program.
(i) Incorporation by reference.
(A) Letter dated January 4, 1991, from the Director of the
Department of Environmental Quality to EPA Region 10 submitting an
amendment to the Oregon Implementation Plan.
(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.

[[Page 818]]

(92) On November 15, 1991, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (the Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: Division
34--Residential Woodheating in OAR Chapter 340 which contains OAR 340-
34-001 to 34-115 (Oregon Woodstove Certification--previously Division
21-100 to 21-190 of OAR Chapter 340); a new section OAR 340-34-150 to
34-175 (Woodburning Curtailment); and a new section OAR 340-34-200 to
34-215 (Woodstove Removal Contingency Program for PM10
Nonattainment Areas). Also OAR 340-23-030, 043, & 090 (Rules for Open
Burning).
(i) Incorporation by reference.
(A) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, Chapter 340, Division 34
(Residential Wood Heating), section--001 (Purpose); -005 (Definitions);
-010 (Requirements for the Sale of Woodstoves); -015 (Exemptions); -020
(Civil Penalties); -050 (Emission Performance Standards &
Certification); -055 (Efficiency Testing Criteria & Procedures); -060
(General Certification Procedures); -065 (Changes in Woodstove Design);
-070 (Labelling Requirements); -075 (Removal Label); -080 (Label
Approval); -085 (Laboratory Accreditation Requirements); -090
(Accreditation Criteria); -095 (Application for Laboratory Efficiency
Accreditation); -100 (On-Site Laboratory Inspection and Stove Testing
Proficiency Demonstration); -105 (Accreditation Application Deficiency,
Notification and Resolution); -110 (Final Department Administrative
Review and Certificate of Accreditation); -115 (Revocation and Appeals);
-150 (Applicability); -155 (Determination of Air Stagnation Conditions);
-160 (Prohibition on Woodburning During Periods of Air Stagnation); -165
(Public Information Program); -170 (Enforcement); -175 (Suspension of
Department Program); -200 (Applicability); -205 (Removal and Destruction
of Uncertified Stove Upon Sale of Home); -210 (Home Seller's
Responsibility to Verify Stove Destruction); -215 (Home Seller's
Responsibility to Disclose) as adopted by the Environmental Quality
Commission on November 8, 1991 and effective on November 13, 1991.
(C) Oregon Administrative Rules, Chapter 340, Division 23 (Rules for
Open Burning), section -030 (Definitions); -043 (Open Burning Schedule);
and -090 (Coos, Douglas, Jackson and Josephine Counties) as adopted by
the Environmental Quality Commission on November 8, 1991 and effective
on November 13, 1991.
(93) On November 15, 1991, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (The Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: Division
21--General Emission Standards for Particulate Matter in Chapter 340
which contains OAR 340-21-200 to -245.
(i) Incorporation by reference.
(A) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon State implementation plan.
(B) Oregon Administrative Rules, chapter 340, Division 21 (General
Emission Standards for Particulate Matter) 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.

[[Page 819]]

(A) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, Chapter 340, Division 25 (Specific
Industrial Standards) section-305 (Definitions); and -315 (Veneer and
Plywood Manufacturing Operations) as adopted by the Environmental
Quality Commission on November 8, 1991 and effective on November 13,
1991.
(C) May 30, 1986, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(95) On May 20, 1988, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (The Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: Chapter 340
Division 27 (Air Pollution Emergencies) section -005, -010, and -012.
(i) Incorporation by reference.
(A) May 20, 1988, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, chapter 340, Division 27 (Air
Pollution Emergencies) section -005 (Introduction); -010 (Episode Stage
Criteria for Air Pollution Emergencies) and -012 (Special Conditions) as
adopted by the Environmental Quality Commission on April 29, 1988, and
effective on May 19, 1988.
(96) On May 30, 1986, December 5, 1986, May 8, 1987, March 3, 1989,
March 12, 1990, June 8, 1990, and November 15, 1991, the Director of the
Department of Environmental Quality submitted revisions to the State of
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State
Implementation Plan and Other State Regulations). The revisions updated
the Lane Regional Air Pollution Authority rules by adding new Titles 12,
14, 34, 38, and 47; revising existing Titles 11, 12, 15 (previously
Title 13), 32, 33, 50 (previously Title 31), and 51; rescinding existing
Titles 21, 22, and 36; and removing existing Titles 20, 42, 44, and 45
from the EPA-approved state implementation plan.
(i) Incorporation by reference.
(A) May 30, 1986, letter from the Director of the Oregon Department
of Environmental Quality (ODEQ) to EPA Region 10 submitting amendments
to the Oregon state implementation plan. Revisions were to: Title 11
(Policy and General Provisions), Title 12 (General Duties and Powers of
Board and Director), Title 14 (Definitions), Title 32 (Emission
Standards) and Title 33 (Prohibited Practices and Control of Special
Classes), Title 34 (Air Contaminant Discharge Permits), Title 38 (New
Source Review), and Title 47 (Rules for Open Outdoor Burning) as adopted
by the Environmental Quality Commission on April 25, 1986, and state
effective on May 8, 1986.
(B) December 5, 1986, letter from the Director of ODEQ to EPA Region
10 submitting amendments to the Oregon state implementation plan.
Revisions were to: Title 14 (Definitions) and Title 38 (New Source
Review) as adopted by the Environmental Quality Commission on October
24, 1986, and state effective on October 24, 1986.
(C) May 8, 1987, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state 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

[[Page 820]]

Commission on November 4, 1988, and state effective on December 20,
1988.
(F) March 12, 1990, letter from ODEQ to EPA Region 10 submitting
amendments to the Oregon state implementation plan. Revisions were to:
Title 34 (Air Contaminant Discharge Permits) as adopted by the
Environmental Quality Commission on March 2, 1990, and state effective
on February 14, 1991.
(G) June 8, 1990, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state implementation plan. Revisions
were to: Title 13 (Enforcement Procedures) which was revised and
repromulgated as Title 15 (Enforcement Procedures and Civil Penalties)
as adopted by the Environmental Quality Commission on May 25, 1990, and
state effective on February 14, 1991.
(H) November 15, 1991, letter from the Director of ODEQ to EPA
Region 10 submitting amendment to the Oregon state implementation plan.
Revisions were a new Title 12 (Definitions), and changes to Title 34
(Air Contaminant Discharge Permits) and Title 38 (New Source Review) as
adopted by the Environmental Quality Commission on November 8, 1991, and
state effective on November 13, 1991.
(I) August 26, 1993, supplemental information letter from ODEQ to
EPA Region 10 assuring EPA that draft and proposed regulations submitted
from Lane Regional Air Pollution Authority (LRAPA) as final versions of
the rules were in fact made final with no change.
(97) On October 13, 1989, and November 15, 1991, the Director of the
Department of Environmental Quality submitted revisions to OAR chapter
340 Division 30 (Specific Air Pollution Control Rules for Areas With
Unique Air Quality Control Needs) as revisions to the State of Oregon's
Air Quality Control Plan Volume 2 (The Federal Clean Air State
Implementation Plan and Other State Regulations).
(i) Incorporation by reference.
(A) October 13, 1989, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(C) Oregon Administrative Rule 340 Division 30 (Specific Air
Pollution Control Rules for Medford-Ashland Air Quality Maintenance Area
and the Grants Pass Urban Growth Area) -010 (Definitions); -015 (Wood
Waste Boilers) (except for (3)(c)); -025 (Air Conveying Systems); -040
(Charcoal Producing Plants); -043 (Control of Fugitive Emissions
(Medford-Ashland AQMA Only); -044 (Requirement for Operating and
Maintenance Plans (Medford-Ashland AQMA Only); -045 (Compliance
Schedules); -046 (Emission Limits Compliance Schedules); -050
(Continuous Monitoring); -055 (Source Testing; -065 (New Source); -067
(Rebuilt Sources); as adopted by the Environmental Quality Commission on
September 7, 1989, and effective on September 7, 1989.
(D) Oregon Administrative Rule 340 Division 30 (Specific Air
Pollution Control Rules for Areas with Unique Air Quality Control Needs)
section -005 (Purpose and Application; -010 (Definitions); -012
(Application); -015 (Wood Waste Boilers) (except for (3)(c)); -021
(Veneer Dryer Emission Limitations); -030 (Wood Particle Dryers At
Particleboard Plants); -043 (Control of Fugitive Emissions (Medford-
Ashland AQMA Only); -044 (Requirements for 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

[[Page 821]]

Quality Control Plan Volume 2 (The Federal Clean Air State
Implementation Plan and Other State Regulations).
(i) Incorporation by reference.
(A) October 14, 1992, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon's Sampling Manual (Volumes I and II) as adopted by the
Oregon Environmental Quality Commission on January 23, 1992, and
effective on January 23, 1992.
(C) Continuous Emission Monitoring Manual as adopted by the Oregon
Environmental Quality Commission on January 23, 1992, and effective on
February 4, 1992.
(99) On November 21, 1990, the Director of the Department of
Environmental Quality (ODEQ) submitted a State Implementation Plan for
Particulate Matter, Grants Pass, Oregon, Moderate Nonattainment Area, A
Plan for Attaining and Maintaining the National Ambient Air Quality
Standards for PM10. On November 15, 1991, the Director of
ODEQ submitted an Addendum to the November 21, 1990 submittal.
(i) Incorporation by reference.
(A) November 21, 1990, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting revisions to the
Oregon state implementation plan.
(B) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting revisions to the
Oregon state implementation plan.
(C) State Implementation Plan for Particulate Matter, Grants Pass,
Oregon Nonattainment Area, A Plan for Attaining and Maintaining the
National Ambient Air Quality Standards for PM10 dated
November 1990, adopted by the Environmental Quality Commission on
November 2, 1990 and effective on November 2, 1990.
(D) PM10 Control Strategy for Particulate Matter
(Addendum) Grants Pass, Oregon Nonattainment Area, A Plan for Attaining
and Maintaining the National Ambient Air Quality Standards for
PM10 dated October 1991, adopted by the Environmental Quality
Commission on November 8, 1991, and effective on November 13, 1991.
(100) On May 15, 1991, the Director of the Department of
Environmental Quality submitted revisions to the State of Oregon
Implementation plans for volatile organic compound emissions (OAR 340-
22-100 through 340-22-220, General Emission Standards for Volatile
Organic Compounds), to bring about attainment of the National ambient
air quality standards in ozone nonattainment areas.
(i) Incorporation by reference.
(A) May 15, 1991, letter from Oregon Department of Environmental
Quality to EPA Region 10 submitting the VOC nonattainment area state
implementation plan for Oregon.
(B) OAR 340-22-100 through 340-22-220, General Emission Standards
for Volatile Organic Compounds, as adopted on May 14, 1991, and became
effective on May 16, 1991.
(101) On July 28, 1989, the state of Oregon, through the Oregon
Department of Environmental Quality, submitted a maintenance plan and a
request to redesignate Eugene-Springfield to attainment for carbon
monoxide (CO).
(i) Incorporation by reference.
(A) July 28, 1989, letter from Oregon Department of Environmental
Quality 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,

[[Page 822]]

State of Oregon Implementation Plan, superseded the November 16, 1992
submittal.
(i) Incorporation by reference.
(A) November 16, 1992, letter from Oregon Department of
Environmental Quality to EPA Region 10 submitting the emission statement
SIP revision. This revision was submitted as an amendment to the State
of Oregon Implementation Plan and adopted by the Environmental Quality
Commission on November 10, 1992.
(B) Emission Statement Rules submitted as an amendment to the State
of Oregon Implementation Plan, effective November 12, 1992.
(C) November 15, 1993, letter from Oregon Department of
Environmental Quality to EPA Region 10 submitting a revision to the
Emission Statement Rules. This revision was submitted as an amendment to
the State of Oregon Implementation Plan and adopted by the Environmental
Quality Commission on September 10 and October 29, 1993.
(D) Emission Statement Rules submitted as an amendment to the State
of Oregon Implementation Plan, revising the air quality regulations in
OAR, Chapter 340, Division 28, effective September 24, 1993.
(E) December 20, 1993, Completeness Determination letter to Oregon
Department of Environmental Quality from EPA Region 10, advising that
the November 15, 1993, Emission Statement Rules submittal is a
technically and administratively complete SIP revision.
(103) On May 14, 1993, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a committal state implementation
plan (SIP) for a basic inspection and maintenance (I/M) program for
Portland and Medford-Ashland CO nonattainment areas. On November 15,
1993, ODEQ submitted the basic I/M program.
(i) Incorporation by reference.
(A) May 14, 1993, letter from the Director of ODEQ to EPA Region 10
submitting a committal SIP for the I/M program.
(B) November 15, 1993, letter from the Director of ODEQ to EPA
Region 10 submitting the I/M program for moderate CO nonattainment
areas.
(C) OAR 340-24-309 through 350, ``Motor Vehicles,'' adopted on
October 29, 1993, and effective on November 4, 1993.
(104) On November 16, 1992, the Oregon State Department of
Environmental Quality submitted the formal SIP revision to Oregon's
Administrative Rules (OAR) 340-20-136 and 340-22-440 through 340-22-640,
adopted as part of the state of Oregon Clean Air Act Implementation Plan
through OAR 340-20-047. This revision establishes and requires the
implementation of an oxygenated gasoline program in the Clackamas,
Jackson, Multnomah, Washington and Yamhill counties, and an eleven by
twelve mile area surrounding Klamath Falls and a nine mile by nine mile
area surrounding Grants Pass.
(i) Incorporation by reference.
(A) The November 16, 1992, letter from the Director of the Oregon
State Department of Environmental Quality to EPA Region 10 submitting
revisions to the Oregon SIP.
(B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR 340-
20-136 and 340-22-440 through 340-22-640, adopted as part of the State
of Oregon Clean Air Act Implementation Plan 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

[[Page 823]]

OAR 340-34-55, OAR 340-34-65 as well as OAR 340-34-075 through 340-34-
115.
(i) Incorporation by reference.
(A) February 4, 1994, letter from the Director of ODEQ to EPA Region
10 submitting a revision to the Woodstove Certification and Efficiency
Testing Program.
(B) OAR 340-34-005 through 115, Residential Woodheating and
Woodstove Certification Program, adopted on December 10, 1993, and
effective on January 3, 1994.
(107) On November 15, 1991, the ODEQ submitted a PM-10 nonattainment
area SIP for La Grande, Oregon.
(i) Incorporation by reference.
(A) November 15, 1991 letter from ODEQ to EPA Region 10 submitting
the PM-10 nonattainment area SIP for La Grande, Oregon.
(B) PM-10 Control Strategy for Particulate Matter, October 1991, La
Grande, Oregon Nonattainment Area, as adopted by the Environmental
Quality Commission on November 8, 1991.
(108) On November 15, 1991 the Director of ODEQ submitted amendments
to Oregon's SIP to include a PM-10 control strategy for Eugene-
Springfield and LRAPA title 39.
(i) Incorporation by reference.
(A) November 15, 1991 letter from the Director of ODEQ to EPA Region
10 submitting amendments to the Oregon SIP.
(B) The PM-10 control strategy for Eugene-Springfield, adopted by
the OEQC on January 31, 1991, and LRAPA title 39 (Contingency for PM-10
sources in the Eugene-Springfield nonattainment area), adopted by the
OEQC on November 8, 1991.
(C) April 13, 1994 letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon SIP.
(D) Amendments to Lane Regional Air Pollution Authority Rules as a
revision to the Oregon SIP (title 16), adopted by the OEQC on March 11,
1994.
(109) On October 27, 1993, the Director of ODEQ submitted OAR 340-
24-307, Motor Vehicle Inspection Program Fee Schedule, as an amendment
to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted
Section 3.1, OAR 340-24-309 through 340-24-350 and section 5.4, Motor
Vehicle Inspection and Maintenance Plan, as amendments to the Oregon
SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke,
received Section 3.1, OAR 340-24-309 through 340-24-355 and section 5.4,
Motor Vehicle Inspection and Maintenance Plan, from the Director of ODEQ
as amendments to the Oregon SIP.
(i) Incorporation by reference.
(A) October 27, 1993 letter from the Director of ODEQ to the
Regional Administration of EPA submitting a revision to the Oregon SIP,
Motor Vehicle Inspection Program Fee Schedule.
(B) November 15, 1993 letter from the Director of ODEQ to the
Regional Administrator of EPA submitting revisions to the Oregon SIP,
Vehicle Inspection and Maintenance Program.
(C) June 13, 1994 letter from the Director of ODEQ to the Regional
Administrator of EPA submitting revisions to the Oregon SIP, Vehicle
Inspection and Maintenance Program.
(D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR 340-
24-307, adopted by the Environmental Quality Commission on January 29,
1993.
(E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340-24-
309, 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

[[Page 824]]

for LRAPA's Title 47, Outdoor Open Burning.
(i) Incorporation by reference.
(A) EPA received on May 28, 1993, two letters from the Director,
ODEQ, to the Regional Administrator, EPA, submitting housekeeping
amendments to Division 25: Housekeeping amendments to Division 25 (OAR
340-25-005 through 025 and OAR 340-25-105 through 340-25-430), effective
March 10, 1993; and revisions to the Oregon SIP for Kraft Pulp Mill
Amendments and Neutral Sulfite Semi-Chemical Pulp Mill Regulations:
Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and the Neutral
Sulfite Semi-Chemical Pulp Mill Pulp Mills (OAR 340-25-220 through 234),
excluding all references to total reduced sulfur, effective January 24,
1990.
(B) November 15, 1993, letter from the Director, ODEQ, to the
Regional Administrator, EPA, submitting revisions to the Oregon SIP for
OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division
25 (OAR 340-25-160, 340-25-222, 340-25-275, 230-25-310, 340-25-420),
effective November 4, 1993.
(C) April 13, 1994, letter from the Director, ODEQ, to the Regional
Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47,
Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open
Burning, effective January 1, 1993.
(111) The EPA approves a revision to the State of Oregon's Air
Quality Control Plan Volume 2 (The Federal Clean Air Act State
Implementation Plan and other State Regulations), specifically a
revision to Section 2.2--Legal Authority and a revision to Chapters 468
and 468A of the Oregon Revised Statutes (ORS).
(i) Incorporation by reference.
(A) On July 29, 1992 and August 30, 1994, ODEQ submitted to EPA a
revision to Oregon Revised Statutes (ORS), Chapter 468 (1993 Edition),
and Chapter 468A (1993 Edition), both of which were amended and adopted
through August 1993 and in effect on November 4, 1993; and a revised
Section 2.2--Legal Authority, including subsections 2.2.1 through 2.2.9,
dated and revised July 29, 1992, the date of the official attached
transmittal letter.
(112) On November 16, 1992, the Director for the Oregon Department
of Environmental Quality (ODEQ) submitted the Oregon State Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program and on May 16, 1995, the Administrator for ODEQ
submitted the Small Business Assistance Program Confidentiality Option
as revisions to the Oregon State Implementation Plan.
(i) Incorporation by reference.
(A) The November 16, 1992 letter from the Director of the Oregon
Department of Environmental Quality submitting the Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program to EPA; The Oregon Air Quality Small Business Assistance Program
State Implementation Plan Revision adopted on October 16, 1992, and
evidence that the State has the necessary legal authority, Oregon
Revised Statutes 468A.330 (Small Business Stationary Source Technical
and Environmental Compliance Assistance Program).
(B) The May 16, 1995 letter from the Administrator of the Oregon
Department of Environmental Quality, Air Quality Division, submitting
the Small Business Assistance Program confidentiality option to EPA; The
Air Quality Guidance, Restriction of Information 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

[[Page 825]]

Reasonably Available Control Technology Standards (RACT) determination
for VOC emissions from the Intel Corporation facility in Portland,
Oregon.
(i) Incorporation by reference.
(A) The letter dated November 20, 1995, from the Director of ODEQ
submitting a SIP revision for a RACT determination contained in Intel's
Oregon Title V Operating Permit for VOC emissions, consisting of permit
34-2681 expiration date 10-31-99, page 11 of 32 pages, effective date
September 24, 1993 (State-effective date of the Oregon Title V Program).
(115) A minor revision consisting of clarification of existing air
quality control regions and nonattainment and maintenance areas of
Oregon (the revision did not change any existing boundaries) was
submitted to EPA from ODEQ for inclusion into the Oregon SIP.
(i) Incorporation by reference.
(A) Letter dated September 20, 1995 from the Director of the ODEQ to
the EPA Regional Administrator submitting a revision to better define
Oregon's existing air quality boundaries found in State regulations OAR
340-23-065 through 340-23-075 (Rules for Open Burning), OAR 340-31-120
(Air Pollution Control Standards for Air Purity and Quality), and OAR
340-31-500 through 340-31-530 (The Air Quality Control Regions and
Nonattainment and Maintenance Areas of Oregon), effective May 25, 1995.
(116) On May 27, 1993, September 27, 1995, and October 8, 1996, the
Director of ODEQ submitted to the Regional Administrator of EPA
revisions to its Oregon SIP: the Oregon Administrative Rules (OAR),
Housekeeping Amendments (Chapter 340, Divisions 21 through 24, 26, 27,
30, and 34); OAR, Division 22, General Gaseous Emissions (340-22-100, -
130, and -137); and OAR, Divisions 20, 21, 22, 25, 27 and 30).
(i) Incorporation by reference.
(A) May 27, 1993, letter from ODEQ to EPA submitting a revision to
the Oregon Administrative Rules: Housekeeping Amendments, Oregon
Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30,
and 34, State-effective on March 10, 1993.
(B) September 27, 1995, letter from ODEQ to EPA submitting a
revision to the Oregon Administrative Rules: Permits and Fees for Stage
I Vapor Recovery Program, Division 22, General Gaseous Emissions,
Sections 100, 130, and 137, State-effective on November 2, 1994.
(C) October 8, 1996, letter from ODEQ to EPA submitting a revision
to the Oregon Administrative Rules: OAR 340-020-0047 (State-effective on
September 24, 1996); OAR 340-21-0005, -0015, -0020, -0025, -0030, -0035,
-0045, -0050, and -0235 (State-effective on January 29, 1996); OAR 340-
022-0102 (State-effective on March 29, 1996), and -0130 (State-effective
on December 6, 1995); OAR 340-025-0260 and -0265 (State-effective on
December 6, 1995), -0280 (State-effective on December 6, 1995), -0320
and -0325 (State-effective on January 29, 1996); OAR -027-0005 (State-
effective on September 24, 1996); OAR 030-0007, -0010 and -0031 (State-
effective on January 29, 1996).
(D) Based on a SIP revision submitted by Oregon on February 16,
2001, Oregon Administrative Rules Chapter 340, Division 23 ``Rules for
Open Burning,'' as effective March 10, 1993, is removed from the SIP.
(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.

[[Page 826]]

On May 28, 1993, the Director of the Oregon Department of Environmental
Quality submitted amendments to OAR Chapter 340, Division 14, and
Division 31. On November 15, 1993, the Director of the Oregon Department
of Environmental Quality submitted amendments to OAR Chapter 340,
Division 14, Division 20, and Division 31, and a new Division 28. On
November 14, 1994, June 1, 1995, October 8, 1996, and January 22, 1997,
the Director of the Oregon Department of Environmental Quality submitted
amendments to OAR Chapter 340, Division 28. On September 27, 1995, the
Director of the Oregon Department of Environmental Quality submitted
amendments to OAR Chapter 340, Division 31.
(i) Incorporation by reference.
(A) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045,
and -050, effective March 10, 1993; and OAR 340-14-007, effective
September 24, 1993.
(B) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -
1400, -1450, -1520, -1600, -1700, -1710, and -1920, effective September
24, 1993; OAR 340-28-100, -200, -300, -700, -800, -820, -900, -1000, -
1020, -1100, -1110, -1140, -1420, -1440, -1500, -1510, -1730, -1740, -
1750, -1760, -1770, -1900, -1940, -1950, -1960, -1970, -1980, -1990, and
-2000, effective November 4, 1993; OAR 340-28-600, -610, -620, and -640,
effective January 1, 1994; OAR 340-28-1910 and -2270, effective October
29, 1994; OAR 340-28-1930, effective May 1, 1995; OAR 340-28-1060,
effective January 29, 1996; OAR 340-28-1410 and -1430, effective
September 24, 1996; and OAR 340-28-110, -400, -630, -1010 and -1720,
effective October 22, 1996.
(C) OAR 340-30-111, effective September 26, 1989.
(D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030,
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130,
effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-
31-120, effective July 12, 1995.
(119) November 15, 1991, and September 20, 1995, letters from the
Director, Oregon Department of Environmental Quality, to the Region 10
Regional Administrator, EPA, submitting the PM-10 Klamath Falls, Oregon,
PM-10 Control Plan and amendments as revisions to its SIP.
(i) Incorporation by reference.
(A) State Implementation Plan for PM-10 in Klamath Falls, dated
October 1991 and revised August 1995; and Appendix 4: Ordinances and
Commitments, Ordinance No. 6630 (adopted September 16, 1991), and
Ordinance No. 63 (adopted July 31, 1991)--Chapters 170 and 406.
(120) The Oregon Department of Environmental Quality (ODEQ) and the
Washington Department of Ecology (WDOE) submitted Maintenance Plans that
demonstrate continued attainment of the NAAQS for O3 and
requested redesignation of the Pdx/Van interstate nonattainment area
from nonattainment to attainment for O3. The SIP revision
requests were submitted by the WDOE on June 13, 1996, and by ODEQ on
August 30, 1996. A number of other O3 supporting revisions
were included in this submittal, such as: the 1990 O3
Emission Inventories; changes to the NSR programs; regulations
implementing the hybrid low enhanced I/M programs; an expanded vehicle
inspection boundary; minor RACT rule changes (Vancouver only); Employee
Commute Options rule (Portland only); Voluntary Parking Ratio rule
(Portland only); PSEL management rules (Portland only); and local area
source supporting rules.
(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,

[[Page 827]]

-1000, -1010, -1020, -1030, -1040, -1050, -1100, -1110, -1120, -1130,
State effective on 8/14/96; OAR 340-024-0301, State effective on 8/12/
96; OAR 340-030-0700, -0710, -0720, -0730, -0740, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0870, -0880, -0890, -0900, -0910, -0920, -
0930, -0940, -0950, -0960, -0970, -0980, -0990, -1000, -1010, -1020, -
1030, -1040, -1050, -1060, -1070, -1080, -1100, -1110, -1120, -1130, -
1140, -1150, -1160, -1170, -1180, -1190, State effective on 8/14/96; and
OAR 340-031-0500, -0520, -0530, State effective on 8/19/96.
(121) On April 7, 1997, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a Reasonably Available Control
Technology (RACT) determination for VOC emissions from PCC Structurals,
Inc., Large Parts Campus, at 4600 SE Harney Drive, Portland, Oregon.
(i) Incorporation by reference.
(A) The letter dated April 7, 1997, from the Director of ODEQ
submitting a SIP revision for a RACT determination contained in PCC
Structurals, Inc.'s Oregon Title V Operating Permit for VOC emissions,
consisting of permit 26-1867, expiration date 4-1-2000, effective date
April 4, 1997. Only conditions 19, 20, and 21 in PCC Structurals'
Addendum No. 2 to permit 26-1867 are incorporated into the SIP.
(122) On August 30, 1996, the Director of the Oregon Department of
Environmental Quality submitted to the Regional Administrator of EPA a
revision to the Carbon Monoxide State Implementation Plan for the
Portland area containing a Maintenance Plan that demonstrated continued
attainment of the NAAQS for carbon monoxide through the year 2007.
(i) Incorporation by reference.
(A) Letter dated August 30, 1996, from Oregon to EPA requesting the
redesignation of the Portland carbon monoxide nonattainment area to
attainment and submitting the Maintenance Plan; Revision to the State
Implementation Plan: Carbon Monoxide Maintenance Plan and Redesignation
Request for the Portland Metro Area, adopted July 12, 1996.
(B) Letter dated April 17, 1997, from Oregon to EPA submitting
replacement pages to the Maintenance Plan and appendices.
(ii) Additional material.
(A) Appendices to the Maintenance Plan and Redesignation Request for
Portland (Metro) Area--State Implementation Plan Revision for Carbon
Monoxide, dated July 12, 1996: Appendix D2-1 (Volume 3), CO Air
Monitoring Network; Appendix D2-2 (Volume 3), Meteorological Analysis;
Appendix D2-3 (Volume 3), Review of Bag Study Results Which Demonstrates
The DEQ Network of Sites Records Higher CO Concentrations Than Screened
Intersections; Appendix D2-4 (Volume 3), Emission Inventory and Forecast
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-1 (Volume 3),
Base Year (1990) Emission Inventory Portland (Metro) Area (Carbon
Monoxide); Appendix D2-4-2 (Volume 3), Attainment Year (1991) Emission
Inventory Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-3
(Volume 3), Regional Emission Forecast Portland (Metro) Area; Appendix
D2-4-4 (Volume 3), Subregional Emission Inventories and Forecast
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-5 (Volume 3),
Metro Model Assumptions, Link-Based Emissions Calculation Methodology,
and Travel Demand Forecasting Model Summary; Appendix 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

[[Page 828]]

and 340-031-0530 (Maintenance Area Designation).
(123) On May 22, 1997, ODEQ submitted changes to the definition of
Volatile Organic Compounds (VOC) in the Oregon Administrative Rules
(OAR) consistent with changes made in the federal definition and
delisted certain compounds no longer considered VOCs under the new
definition. On November 13, 1997, ODEQ submitted changes in the OAR that
increased Air Contaminant Discharge Permit Fees for stationary sources
to recover costs of operating the state permit program.
(i) Incorporation by reference.
(A) Oregon Administrative Rules 340-022-0102(73) and 340-028-
0110(129), effective May 9, 1997; Oregon Administrative Rule 340-028-
1750, effective August 27, 1997.
(124) On October 30, 1997 the director of the Oregon Department of
Environmental Quality (ODEQ) submitted a source specific Reasonable
Available Control Technology (RACT) determination as a SIP revision for
VOC emissions and standards.
(i) Incorporation by reference.
(A) Letter dated October 30, 1997 from the Director of ODEQ
submitting a SIP revision for Dura Industries, Inc., an architectural
surface coating operation in Portland, Oregon--permit 26-3112 dated
September 14, 1995.
(125) On June 1, 1995 and January 22, 1997, the Director of ODEQ
submitted to the Regional Administrator of EPA new sections to Division
30 and revisions to Divisions 20, 21, 22, 25, and 30.
(i) Incorporation by reference.
(A) OAR-340-020-0047; OAR-340-022-0170; OAR-340-022-0840; OAR-340-
022-0930; OAR-340-022-0055; OAR-340-028-0110; OAR-340-028-0400; OAR-340-
028-0630; OAR-340-028-1010; OAR-340-028-1720; OAR-340-030-0015; OAR-340-
030-0044; OAR-340-030-0050; OAR-340-030-0055; OAR-340-030-0320; OAR-340-
030-0330: These rules were all state adopted on October 11, 1996.
(126) On August 31, 1995, and October 8, 1996, the Director of ODEQ
submitted to the Regional Administrator of EPA revisions to its Oregon
SIP: the Oregon Administrative Rules (OAR) Chapter 340, Division 25,
Specific Industrial Standards (OAR 340-25-305, 320 and 325).
(i) Incorporation by reference.
(A) August 31, 1995, letter from ODEQ to EPA submitting a revision
to the Oregon Administrative Rules (OAR); OAR 340-25-305, State
effective on February 17, 1995.
(B) October 8, 1996, letter from ODEQ to EPA submitting a revision
to the Oregon Administrative Rules (OAR); OAR 340-25-320 and OAR 340-25-
325, State effective on January 29, 1996.
(127) December 9, 1996, letter from the Director, Oregon Department
of Environmental Quality, to the Region 10 Regional Administrator, EPA,
submitting the Attainment Plan for the Oakridge, Oregon PM-10
nonattainment area as a revision to its SIP.
(i) Incorporation by reference.
(A) State Implementation Plan for PM-10 in Oakridge, dated August
1996, and Appendices XII, XIII and XIV.
(ii) Additional Material: Appendix I through VI and VIII through XI
of the State Implementation Plan for PM-10 in Oakridge dated August
1996.
(128) On June 1, 1995 the State of Oregon submitted to EPA an
attainment plan for the Lakeview PM10 nonattainment area. This SIP
revision is designed to bring about the attainment of the PM10 NAAQS in
Lakeview and 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.

[[Page 829]]

(129) The Environmental Protection Agency (EPA) approves various
amendments to the Oregon State Air Quality Control Plan contained in a
submittal to EPA, dated October 8, 1997.
(i) Incorporation by reference.
(A) EPA is approving or taking no action on the modified Oregon
Transportation Conformity Rules submitted on October 8, 1998. EPA is
approving: OAR 340-20-710, 340-20-720, 340-20-730, 340-20-750, 340-20-
760 340-20-770, 340-20-780, 340-20-790, 340-20-800, 340-20-810, 340-20-
820, 340-20-830, 340-20-840, 340-20-850, 340-20-860 340-20-870, 340-20-
880, 340-20-890, 340-20-900, 340-20-910 340-20-1000, 340-20-1010, 340-
20-1020, 340-20-1030, 340-20-1040, 340-20-1050, 340-20-1060 and 340-20-
1070, effective September 23, 1998.
(B) EPA is taking no action on sections OAR 340-020-730(3), 340-020-
750(4), 340-020-750(4)(b), 340-020-800(3)-(6), 340-020-890(5), 340-020-
900(6)(c), 340-020-910(1)(b), 340-020-1000(1)(a) and (2), and 340-020-
1030(2).
(C) EPA approves the changes made to certain sections of the Oregon
Administrative Rules: ``Determining Conformity of General Federal
Actions to State and Federal Implementation Plans' found in: OAR 340-
020-1510, 340-020-1520, 340-020-1530, 340-020-1570, 340-020-1580, and
340-020-1590, effective September 23, 1998.
(130) The Environmental Protection Agency (EPA) approves various
amendments to the Oregon State RACT rules for volatile organic compounds
which are contained in a submittal to EPA, dated December 7, 1998.
(i) Incorporation by reference.
(A) EPA is approving the revised Oregon Regulations, as effective
October 12, 1998: OAR 340-022-0100; OAR 340-022-0102; OAR 340-022-0104;
OAR 340-022-0106; OAR 340-022-0107; OAR 340-022-110; OAR 340-022-0120;
OAR 340-022-0125; OAR 340-022-0130; OAR 340-022-0170; OAR 340-022-0175;
OAR 340-022-0180; OAR 340-022-0300; OAR 340-022-0400; OAR 340-022-0401;
and OAR 340-022-0402.
(B) EPA is repealing/removing the following provision from the
current incorporation by reference: OAR 340-022-0403, as effective
August 14, 1996.
(131) On December 3, 1998, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a revision to the definition
section of the Oregon Administrative Rules (OAR), as effective October
14, 1998.
(i) Incorporation by reference.
(A) OAR 340-028-0110, as effective October 14, 1998, except for the
following: (16) Capture system, (25) Continuous compliance determination
method, (27) Control device, (29) Data, (39)(b) Emission Limitation and
Emission Standard, (47) Exceedance, (48) Excursion, (55) Inherent
process equipment, (67) Monitoring, (86) Pollutant-specific emissions
unit, (88) Predictive emission monitoring system (PEMS), Table 1, Table
2, and Table 3.
(B) Remove the following provision from the current incorporation by
reference: OAR 340-028-0110, as effective October 6, 1995, except for
Table 1, Table 2, and Table 3.
(132) On June 18, 1999, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a SIP revision to repeal the
Consumer Products Rules, repeal the Architectural Coatings Rules, revise
and partially repeal the Motor Vehicle Refinishings Rules, and revise
the Volatile Organic Compounds definitions.
(i) Incorporation by reference.
(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

[[Page 830]]

plan and base year emissions inventory are complete and the
redesignation satisfies all the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-0040,
and OAR 340-204-0090, as effective October 22, 1999.
(B) Remove without replacement the following provisions from the
current incorporation by reference of the State Implementation Plan: OAR
340-031-0520 and OAR 340-031-0530, as effective August 19, 1996 and OAR
340-022-0470, as effective November 4, 1993.
(134) On December 12, 1996, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted revisions to Lane Regional Air
Pollution Authority (LRAPA) Title 32 and Title 33, as effective on
November 20, 1994. On August 26, 1998, the Director of ODEQ submitted
revisions to LRAPA Title 12, Title 30, and Title 33, as effective on
March 8, 1994. On February 23, 2001, the Director of ODEQ submitted
revisions to LRAPA Title 34, as effective June 13, 2000.
(i) Incorporation by reference.
(A) Title 12, as effective March 8, 1994; Title 30, as effective
March 8, 1994, except for Section 30-020(2), Section 30-020(8), Section
30-025(9), Section 30-030(1)(I), Section 30-030(2)(E), and Section 30-
045(3); Title 32, as effective November 10, 1994, except for Section 32-
075, Section 32-080, Section 32-095, Section 32-100, Section 32-101,
Section 32-102, Section 32-103, and Section 32-104; Title 33, as
effective November 10, 1994, except for Section 33-005, Section 33-020,
Section 33-055, Section 33-070(1)(Definitions for Non-Condensibles,
Other Sources, and Total Reduced Sulfur (TRS)), Section 33-070(3)(A),
Section 33-070(6)(B), Section 33-070(7)(A), Section 33-070(7)(B),
Section 33-070(8)(C)(1)(a), Section 33-070(8)(C)(2)(a), Section 33-080,
and Section 33-085; and Title 34, as effective June 13, 2000, except for
Section 34-025, Section 34-035, Section 34-060(6), Section 34-060(8),
Section 34-080, Section 34-160, Section 34-170, Section 34-180, Section
34-190, Section 34-200, Section 34-210, Section 34-220, and Section 34-
230.
(B) Remove the following provisions from the current incorporation
by reference: Section 12-005, Section 12-010, Section 12-020, and
Section12-035 of Title 12, as effective November 8, 1983; Section 12-025
of Title 12, as effective September 9, 1988; Title 12, as effective
February 13, 1990; Title 14, as effective July 12, 1988; Title 15, as
effective February 13, 1990; Section 32-005, Section 32-010, Section 32-
025, Section 32-030, Section 32-035, Section 32-040, Section 32-045,
Section 32-055, Section 32-065, Section 32-100, Section 32-101, Section
32-102, and Section 32-103 of Title 32, as effective 9-14-82; Section
32-800 of Title 32, as effective 1-8-85; Section 32-104 and Section 32-
990 of Title 32, as effective 11-8-83; Section 33-020, Section 33-025,
Section 33-030, Section 33-045, Section 33-055, Section 33-060, and
Section 33-065 of Title 33, as effective 5-15-79; Section 33-070 of
Title 33, as effective 9-14-82; Section 34-001, Section 34-010, Section
34-015, Section 34-020, Section 34-025, Section 34-030, Section 34-035,
Section 34-040, Section 34-045, Section 34-050, and Table A of Title 34,
as effective 1-9-90; and Section 34-005 of Title 34, as effective 2-13-
90.
(ii) Additional Material:
(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-

[[Page 831]]

0045, effective May 11, 1993; 340-26-0003, 340-26-0005, 340-26-0010,
340-26-0012, 340-26-0013, 340-26-0015, and 340-26-0055, effective May
31, 1994.
(F) OAR 837-110-0010, 837-110-0020, 837-110-0030, 837-110-0040, 837-
110-0070, 837-110-0080, 837-110-0090, 837-110-0110, 837-110-0120, 837-
110-0130, and 837-110-0150, effective February 7, 1994; 837-110-0160,
effective August 11, 1993; and 837-110-0050, 837-110-0060, and 837-110-
0140, effective February 7, 1989.
(G) Union County Ordinance 1992-4 effective July 1, 1992.
(H) Jefferson County Ordinance -0-58-89 effective May 31, 1989.
(I) Remove the following provision from the current incorporation by
reference: OAR 340-26-025 effective March 7, 1984.
(ii) Additional materials.
(A) OAR 340-20-047 Section 5.2 effective August 11, 1992 (except
section 5.2.4.2 and section 5.2.5.1 introductory paragraph)
(B) ``Oregon Smoke Management Plan, Appendix 5, Operational Guidance
for the Oregon Smoke Management Program, Criteria for National Forest
and Bureau of Land Management Lands in the Blue Mountains of NE Oregon
(Volume 3, Section A1)'', effective July 12, 1995.
(136) On November 20, 2000, the Oregon Department of Environmental
Quality requested the redesignation of Klamath Falls to attainment for
carbon monoxide. The State's maintenance plan and base year emissions
inventory are complete and the redesignation satisfies all the
requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-0040,
and OAR 340-204-0090, as effective October 25, 2000.
(137) On May 31, 2001, the Oregon Department of Environmental
Quality requested the redesignation of Medford to attainment for carbon
monoxide. The State's maintenance plan, base/attainment year emissions
inventory, and the redesignation request meet the requirements of the
Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rules 340-204-0090, as effective March 27,
2001.
(138) On December 15, 1998, the Director of the Oregon Department of
Environmental Quality submitted a SIP revision to repeal the rule for
parking offsets in the Portland Central Business District, as state
effective September 23, 1998.
(i) Incorporation by reference.
(A) Remove the following provisions from the current incorporation
by reference: OAR 340-020-0400, 340-020-0405, 340-020-0410, 340-020-
0420, and 340-020-0430.
(139) On November 5, 1999, March 7, 2000, June 26, 2001, and
November 4, 2002, the Oregon Department of Environmental Quality
submitted numerous amendments to the Oregon Administrative Rules as
revisions to the Oregon State implementation plan. The revisions
included a rule recodification, a marine vapor loading rule, and
permitting rules.
(i) Incorporation by reference.
(A) The following sections of Oregon Administrative Rule 340: 200-
0030, 202-0200, 204-0010, 204-0020, 204-0050, 204-0060, 204-0070, 204-
0080, 206-0010, 206-0020, 206-0030, 206-0040, 206-0050, 206-0060, 206-
0070, 210-0010, 210-0020, 212-0010, 212-0110, 214-0100, 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

[[Page 832]]

for new and existing plants shall be submitted.'' in paragraph (1)(c),
the words ``and Method 13A or 13B and Method 14 or Method 14A for
fluorides or other alternative method in 40 CFR 63.849'' in paragraph
(3)), 236-0150 (except paragraphs (1)(d) and (1)(e)), 236-0200, 236-
0210, 236-0220, 236-0230, 236-0400, 236-0410, 236-0420, 236-0430, 236-
0440, 240-0010, 240-0100, 240-0300, 242-0010, 242-0020, 242-0030, 242-
0040, 242-0050, 242-0060, 242-0070, 242-0080, 242-0090, 242-0100, 242-
0110, 242-0120, 242-0130, 242-0140, 242-0150, 242-0160, 242-0170, 242-
0180, 242-0190, 242-0200, 242-0210, 242-0220, 242-0230, 242-0240, 242-
0250, 242-0260, 242-0270, 242-0280, 242-0290, 242-0300, 242-0310, 242-
0320, 242-0330, 242-0340, 242-0350, 242-0360, 242-0370, 242-0380, 242-
0390, 242-0400, 242-0410, 242-0420, 242-0430, 242-0440, 242-0500, 242-
0510, 242-0520, 242-0600, 242-0610, 242-0620, 242-0630, 242-0700, 242-
0710, 242-0720, 242-0730, 242-0740, 242-0750, 242-0760, 242-0770, 242-
0780, 242-0790, 250-0010, 250-0020, 250-0030, 250-0040, 250-0050, 250-
0060, 250-0070, 250-0080, 250-0090, 250-0100, 252-0010, 252-0020 (except
paragraph (3)), 252-0030, 252-0040, 252-0050 (except paragraphs (4) &
(5)(b)), 252-0060, 252-0070, 252-0080, 252-0090, 252-0100 (except
paragraphs (3) through (6)), 252-0110, 252-0120, 252-0130, 252-0140,
252-0150, 252-0160, 252-0170, 252-0180, 252-0190 (except paragraph (5)),
252-0200 (except paragraph (6)(c)), 252-0210 (except paragraph (1)(b)),
252-0220 (except paragraphs (1)(a) & (2)), 252-0230, 252-0240, 252-0250
(except paragraph (2)), 252-0260, 252-0270, 252-0280, 252-0290, 258-
0010, 258-0100, 258-0110, 258-0120, 258-0130, 258-0140, 258-0150, 258-
0160, 258-0170, 258-0180, 258-0190, 258-0200, 258-0210, 258-0220, 258-
0230, 258-0240, 258-0250, 258-0260, 258-0270, 258-0280, 258-0290, 258-
0300, 258-0310, 258-0400, 262-0010, 262-0020, 262-0030, 262-0040, 262-
0100, 262-0110, 262-0120, 262-0130, 262-0200, 262-0210, 262-0220, 262-
0230, 262-0240, 262-0250, 262-0300, 262-0310, 262-0320, 262-0330, 266-
0010, 266-0020, 266-0030, 266-0040, 266-0050, 266-0060, 266-0070, 266-
0080, 266-0090, 266-0100, 266-0110, 266-0120, 266-0130, and 268-0020, as
effective October 14, 1999; 204-0040, as effective October 25, 2000;
204-0090, as effective March 27, 2001; 232-0030 and 232-0110 as
effective June 1, 2001; 200-0010, 200-0020 (except paragraph (58)), 200-
0025, 202-0010, 202-0050, 202-0060, 202-0070, 202-0080, 202-0090, 202-
0100, 202-0130, 202-0210, 202-0220, 204-0030, 209-0010, 209-0020, 209-
0030, 209-0040, 209-0050, 209-0060, 209-0070, 209-0080, 210-0100, 210-
0110, 210-0120, 210-0205, 210-0215, 210-0225, 210-0230, 210-0240, 210-
0250, 212-0120, 212-0130, 212-0140, 212-0150, 212-0200, 212-0210, 212-
0220, 212-0230, 212-0240, 212-0250, 212-0260, 212-0270, 212-0280, 214-
0010, 214-0110, 214-0114, 214-0130, 214-0200, 214-0210, 214-0220, 216-
0010, 216-0020, 216-0025, 216-0030, 216-0040, 216-0052, 216-0054, 216-
0056, 216-0060, 216-0064, 216-0066, 216-0070, 216-0082, 216-0084, 216-
0090, 216-0094, 222-0010, 222-0020, 222-0040, 222-0042, 222-0043, 222-
0045, 222-0070, 222-0080, 222-0090, 224-0010, 224-0030, 224-0040, 224-
0050, 224-0080, 224-0100, 225-0010, 225-0020(10), 225-0030, 225-0040,
225-0070, 225-0090(1)(c), 226-0010, 226-0100, 226-0110, 226-0120, 226-
0130, 226-0140, 226-0210, 226-0300, 226-0310, 226-0320, 226-0400, 240-
0020, 240-0030, 240-0110, 240-0120, 240-0130, 240-0140, 240-0150, 240-
0160, 240-0170, 240-0180, 240-0190, 240-0200, 240-0210, 240-0220, 240-
0230, 240-0240, 240-0250, 240-0270, 240-0310, 240-0320, 240-0330, 240-
0340, 240-0350, 240-0360, 240-0400, 240-0410, 240-0420, 240-0430, 240-
0440, 268-0010, and 268-0030, as effective July 1, 2001; 222-0041, 224-
0060, 224-0070, 225-0020 (except paragraph (10)), 225-0045, 225-0050,
225-0060, and 225-0090 (except paragraph (1)(c)), as effective October
8, 2002; 225-0020(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

[[Page 833]]

(except paragraph (3)), 252-0040, 252-0050 (except paragraphs (4) &
(5)(b)), 252-0080, 252-0090, 252-0100 (except paragraphs (3) through
(6)), 252-0110, 252-0120, 252-0130, 252-0140, 252-0150, 252-0160, 252-
0170, 252-0180, 252-0190 (except paragraph (5)), 252-0200 (except
paragraph (6)(c)), 252-0210 (except paragraph (1)(b)), 252-0220 (except
paragraphs (1)(a) & (2)), 252-0240, 252-0250 (except paragraph (2)),
252-0260, 252-0270, 252-0280, and 252-0290.
(D) Based on a SIP revision submitted by Oregon on October 5, 2011,
Oregon Administrative Rules Chapter 340, Division 262 ``Residential
Woodheating,'' as effective October 14, 1999, the following provisions
are removed from the SIP: 262-0010, 262-0020, 262-0030, 262-0040, 262-
0100, 262-0110, 262-0120, 262-0130, 262-0200, 262-0210, 262-0220, 262-
0230, 262-0240, 262-0250, 262-0300, 262-0310, 262-0320, 262-0330.
(E) Based on a SIP revision submitted by Oregon on June 8, 2012,
Oregon Administrative Rules Chapter 340, Division 210 ``Stationary
Source Notification Requirements,'' as effective October 8, 2002, the
following provisions are removed from the SIP and replaced by revised
provisions effective May 17, 2012: 210-0100, 210-0110, 210-0120, 210-
0250.
(ii) Additional Material:
(A) The following sections of Oregon Administrative Rule 340:
Division 12, 200-0100, 200-0110, 200-0120, as effective July 1, 2001;
and 262-0050, as effective October 14, 1999.
(140) On November 4, 2002, the Oregon Department of Environmental
Quality requested the redesignation of Klamath Falls to attainment for
PM-10. The State's maintenance plan and the redesignation request meet
the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rule 340-204-0040(3)(b) as effective
October 8, 2002.
(141) On November 4, 2002, the Oregon Department of Environmental
Quality requested the redesignation of Grants Pass to attainment for PM-
10. The State's maintenance plan and the redesignation request meet the
requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rules 340-204-0030 (except Notes) and 340-
204-0040 (except Notes), as effective October 8, 2002.
(142) The Environmental Protection Agency (EPA) approves various
amendments to the Oregon State Implementation Plan which are contained
in four separate submittals to EPA, dated November 5, 1999, November 27,
2000, January 10, 2003 and April 19, 2004 which include revisions to the
inspection and maintenance program.
(i) Incorporation by reference.
(A) The following sections of the Oregon Administrative Rules 340:
256-0200, 256-0310, 256-0330, 256-0340, 256-0350, 256-0370, 256-0380,
256-0390, 256-0400, 256-0410, 256-0420, 256-0450, 256-0460, and 256-
0470, as effective October 14, 1999; 256-0355, 256-0440, and 256-0465,
as effective October 25, 2000; 256-0356, as effective October 4, 2001;
and 256-0010, 256-0300, as effective October 24, 2003.
(B) Remove the following old sections of the Oregon Administrative
Rules 340 from the current incorporation by reference: 024-100, 024-300,
024-301, 024-305, 024-306, 024-307, 024-308, 024-309, 024-312, 024-314,
024-318, 024-320, 024-325, 024-330, 024-332, 024-335, 024-337, 024-340,
024-355, 024-357, and 024-360.
(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

[[Page 834]]

Quality submitted to the Regional Administrator of EPA, the Second
Portland Area Carbon Monoxide Maintenance Plan that demonstrates
continued attainment of the NAAQS for carbon monoxide through the year
2017.
(i) Incorporation by reference.
(A) Oregon Administrative Rules, Chapter 340: 240-0090 and 240-0440,
as effective December 15, 2004.
(146) On October 25, 2005, the Oregon Department of Environmental
Quality submitted a PM10 maintenance plan and requested redesignation of
the La Grande PM10 nonattainment area to attainment for PM10. The
State's maintenance plan and the redesignation request meet the
requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rule 340-204-0030 and 0040, as effective
September 9, 2005.
(147) On October 25, 2005, the Oregon Department of Environmental
Quality submitted a PM10 maintenance plan and requested redesignation of
the Lakeview PM10 nonattainment area to attainment for PM10. The State's
maintenance plan and the redesignation request meet the requirements of
the Clean Air Act.
(i) Incorporation by reference.
(A) The following sections of Oregon Administrative Rule 340: 204-
0030, 204-0040, 224-0060 (2)(d) and 225-0020(8), as effective September
9, 2005.
(148) On March 10, 2005, the Oregon Department of Environmental
Quality submitted a PM10 attainment and maintenance plan and requested
redesignation of the Medford-Ashland PM10 nonattainment area to
attainment for PM10. On May 14, 2004, the Oregon Department of
Environmental Quality submitted revisions to Oregon Administrative
Rules, Chapter 340, Divisions 224 and 225 to clarify the requirements
for creating and using emission offsets and to make other minor
revisions. The State's attainment and maintenance plan, redesignation
request, and rule revisions meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) The following sections of Oregon Administrative Rules 340: 204-
0010, 224-0070, 225-0045, 225-0090, 240-0030, 240-0100, 240-0110, 240-
0120, 240-0130, 240-0140, 240-0150, 240-0180, 240-0190, 240-0210, 240-
0220, and 240-0230 as effective January 4, 2005; 224-0010, 224-0030,
224-0050, 224-0080, and 225-0050 as effective April 14, 2004 and; 224-
0060, and 225-0020 as effective September 9, 2005.
(B) The following sections of the Codified Ordinances of Jackson
County: 1810.01, as effective May 2, 1990; 1810.02, as effective August
22, 2001; 1810.03, as effective December 20, 1989; 1810.04, as effective
May 2, 1990; 1810.05, as effective May 2, 1990; 1810.06, as effective
December 4, 1985; 1810.07, as effective August 22, 2001; 1810.08, as
effective December 20, 1989; Exhibit A, as effective May 2, 1990;
Exhibit B, as effective May 2, 1990; Exhibit C, as effective May 2,
1990; and Exhibit D, as effective May 2, 1990.
(C) The following sections of the Code of the City of Medford,
Oregon: 5.550 as effective March 16, 2000; 7.220, as effective September
17, 1998; 7.222, as effective September 17, 1998; 7.224, as effective
September 17, 1998; 7.240 as effective August 2, 1990, and 7.242 as
effective September 17, 1998.
(D) The following sections of the City of Central Point Municipal
Code: 8.01.010, 8.01.012, 8.01.014, 8.01.020, 8.01.030, and 8.01.032 as
effective 1998; 8.04.040 H., as effective 1979; and 8.04.095 as
effective 1994.
(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.

[[Page 835]]

(I) The following sections of the City of Eagle Point Code:
8.08.160, as effective 2000; 8.08.170, as effective 1990; 8.08.180, as
effective 1990; 8.08.190 as effective 1990; and 8.08.200 as effective
1990.
(J) Remove the following old sections of the Oregon Administrative
Rules 340 from the current incorporation by reference: 240-0200, 240-
0240, and 240-0270.
(ii) Additional Material.
(A) The following sections of the Codified Ordinances of Jackson
County: 1810.09 as effective December 20, 1989, and 1810.99, as
effective October 29, 2003.
(B) The following sections of the Code of the City of Medford,
Oregon: 7.226, as effective November 20, 1989; and 7.300 as effective
April 6, 2000.
(C) The following sections of the City of Central Point Municipal
Code: 8.04.100, 8.04.110, 8.04.120, 8.04.130, and 8.04.140 as effective
1966, and 8.04.150 as effective 1995.
(D) The following sections of the City of Ashland Municipal Code:
10.30.050, as effective 1993; and 9.24.060, as effective 1998.
(149) On August 9, 2007, the Oregon Department of Environmental
Quality submitted a CO maintenance plan and requested redesignation of
the Salem CO nonattainment area to attainment for CO. The State's
maintenance plan and the redesignation request meet the requirements of
the Clean Air Act.
(i) Incorporation by reference.
(A) The following revised sections of Oregon Administrative Rule
340: 204-0030 Designation of Nonattainment Areas (1) and (2) and 204-
0040 Designation of Maintenance Areas (except (2)(c)), as effective June
28, 2007.
(150) [Reserved]
(151) On December 20, 2010, the Oregon Department of Environmental
Quality submitted a SIP revision to meet the regional haze requirements
of Clean Air Act section 169A and the interstate transport requirements
of Clean Air Act section 110(a)(2)(D)(i)(II) as it applies to visibility
for the 1997 8-hour ozone NAAQS and 1997 PM2.5 NAAQS.
(i) Incorporation by reference.
(A) December 10, 2010, letter from ODEQ to the Oregon Secretary of
State requesting filing of permanent rule amendments to OAR 340-223.
(B) December 10, 2010, filed copy of State ``Certificate and Order
for Filing'' verifying the effective date of December 10, 2010, for OAR
340-223-0010, OAR 340-223-0020, OAR 340-223-0030, OAR 340-223-0040, OAR
340-223-0050 and OAR 340-223-0080.
(C) The following revised sections of the Oregon Administrative
Rules, Chapter 340:
(1) 340-223-0010 Purpose of Rules, effective December 10, 2010.
(2) 340-223-0020 Definitions, effective December 10, 2010.
(3) 340-223-0030 BART and Additional Regional Haze Requirements for
the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant
(Federal Acid Rain Program Facility ORISPL Code 6106), effective
December 10, 2010.
(4) 340-223-0040 Federally Enforceable Permit Limits, effective
December 10, 2010.
(5) 340-223-0050 Alternative Regional Haze Requirements for the
Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal
Acid Rain Program Facility ORISPL Code 6106), effective December 10,
2010.
(6) 340-223-0080 Alternative Requirements for the Foster-Wheeler
Boiler at the Boardman Coal-Fired Power Plant (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

[[Page 836]]

achieve these reasonable progress goals.
(152) On August 9, 2005, and May 22, 2007, the Oregon Department of
Environmental Quality submitted revisions to the Oregon State
Implementation Plan. The revisions provide an ozone maintenance plan
under section 110(a)(1) of the CAA for the Portland portion of the
Portland-Vancouver Air Quality Maintenance Area and the Salem-Keizer
Area Transportation Study Air Quality Area, and phase out of the State's
VIP enhanced BAR-31 test, the elimination of the Gas Cap Pressure Test
and the Evaporative Purge Test. The State's maintenance plan revisions
meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective April 12, 2007:
(1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0025, Abbreviations and Acronyms;
(2) Division 202, Ambient Air Quality Standards and PSD Increments:
Rule 0090, Ozone;
(3) Division 204, Designation of Air Quality Areas: Rule 0010,
Definitions; Rule 0030, Designation of Nonattainment Areas, the
undesignated introductory text, (2); Rule 0040, Designation of
Maintenance Areas, the undesignated introductory text, (2);
(4) Division 224, Major New Source Review: Rule 0050, Requirements
for Sources in Nonattainment Areas; Rule 0060, Requirements for Sources
in Maintenance Areas;
(5) Division 225, Air Quality Analysis Requirements; Rule 0090,
Requirements for Demonstrating a Net Air Quality Benefit;
(6) Division 232, Emission Standards for VOC Point Sources: Rule
0010, Introduction; Rule 0020, Applicability;
(7) Division 242, Rules Applicable to the Portland Area, Employee
Commute Options Program: Rule 0010, What is the Employee Commute Options
Program?; Rule 0020, Who is Subject to ECO?; Rule 0030, What Does ECO
require?; Rule 0040, How Does the Department Enforce ECO?; Rule 0050,
Definitions of Terms Used in These Rules; Rule 0070, What are the Major
Requirements of ECO?; Rule 0080, What are the Registration
Requirements?; Rule 0090, What are the Requirements for an Employee
Survey?; Rule 0110, What if an Employer Does Not Meet the Target Auto
Trip Rate?; Rule 0120, How Will Employers Demonstrate Progress Toward
the Target Auto Trip Rate?; Rule 0160, What Should Be Included in an
Auto Trip Reduction Plan?; Rule 0180, What is a Good Faith Effort?; Rule
0190, How Does the ECO Program Affect New Employees, Expanding Employers
and Employers Relocating within the Portland AQMA?; Rule 0200, Can a New
or Relocating Employer Comply with ECO Through Restricted Parking
Ratios?; Rule 0210, Can an Existing Employer Comply with ECO Through
Restricted Parking Ratios?; Rule 0220, What if an Employer Has More Than
One Work Site Within the Portland AQMA?; Rule 0240, Are There
Alternatives to Trip Reduction?; Rule 0260, Can Employers Get Credit for
Existing Trip Reduction Programs?; Rule 0270, Are Exemptions Allowed if
an Employer is Unable to Reduce Trips or Take Advantage of Alternate
Compliance Options?; Rule 0280, Participation in the Industrial Emission
Management Program; Rule 0290, What Kind of Records Must be Kept and for
How Long?;
(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

[[Page 837]]

Emission Control Test Method for Basic Program; Rule 0350, Light Duty
Motor Vehicle Emission Control Test Method for Enhanced Program; Rule
0380, Light Duty Motor Vehicle Emission Control Test Criteria for Basic
Program; Rule 0390, Heavy Duty Gasoline Motor Vehicle Emission Control
Test Criteria.
(ii) Additional material.
(A) SIP Volume 2 Section 5.4.7: Test Procedures and Standards, as
effective July 12, 2005.
(153) On October 8, 2008, October 10, 2008, March 17, 2009, June 23,
2010, December 22, 2010, and May 5, 2011, the Oregon Department of
Environmental Quality submitted numerous amendments to the Oregon
Administrative Rules as revisions to the Oregon State implementation
plan. The revisions include updating Oregon's new source review rules to
be consistent with current Federal regulations and streamlining Oregon's
air quality rules by clarifying requirements, removing duplicative
rules, and correcting errors.
(i) Incorporation by reference.
(A) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective February 5, 2001:
(1) Division 208, Visible Emissions and Nuisance Requirements: Rule
0100, Visible Emissions, Applicability; Rule 0200, Fugitive Emission
Requirements, Applicability; Rule 0210, Fugitive Emission Requirements,
Requirements.
(B) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective November 8, 2007:
(1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0010, General, Purpose and Application;
(2) Division 208, Visible Emissions and Nuisance Requirements: Rule
0010, Definitions; Rule 0110, Visible Emissions, Visible Air Contaminant
Limitations;
(3) Division 209, Public Participation: Rule 0040, Public Notice
Information; Rule 0070, Hearing and Meeting Procedures; Rule 0080,
Issuance or Denial of a Permit;
(4) Division 214, Stationary Source Reporting Requirements: Rule
0010, Definitions; Rule 0300, Excess Emissions and Emergency Provision,
Purpose and Applicability; Rule 0310, Excess Emissions and Emergency
Provision, Planned Start-up and Shutdown; Rule 0320, Excess Emissions
and Emergency Provision, Scheduled Maintenance; Rule 0330, Excess
Emissions and Emergency Provision, All Other Excess Emissions; Rule
0340, Excess Emissions and Emergency Provision, Reporting Requirements;
Rule 0350, Excess Emissions and Emergency Provision, Enforcement Action
Criteria; Rule 0360, Excess Emissions and Emergency Provision, Emergency
as an Affirmative Defense;
(5) Division 216, Air Contaminant Discharge Permits: Rule 0082,
Termination or Revocation of an ACDP;
(6) Division 228, Requirements for Fuel Burning Equipment and Fuel
Sulfur Content: Rule 0020, Definitions; Rule 0200, General Emission
Standards for Fuel Burning Equipment, Sulfur Dioxide Standards; Rule
0210, General Emission Standards for Fuel Burning Equipment, Grain
Loading Standards;
(7) Division 232, Emission Standards for VOC Point Sources: Rule
0010, Introduction;
(8) Division 234, Emission Standards for Wood Products Industries:
Rule 0010, Definitions (except for paragraphs (24), (26)(a) and (44));
Rule 0100, Wigwam Waste Burners, Wigwam Waste Burners; Rule 0140, Wigwam
Waste Burners, 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.

[[Page 838]]

(C) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective August 29, 2008:
(1) Division 222, Stationary Source Plant Site Emission Limits: Rule
0020, Applicability.
(D) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective September 17, 2008:
(1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0030, General, Exceptions;
(2) Division 210, Stationary Source Notification Requirements: Rule
0205, Notice of Construction and Approval of Plans, Applicability;
(3) Division 264, Rules for Open Burning: Rule 0040, Exemptions,
Statewide.
(E) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective May 21, 2010:
(1) Division 202, Ambient Air Quality Standards and PSD Increments:
Rule 0090, Ambient Air Quality Standards, Ozone; Rule 0130, Ambient Air
Quality Standards, Ambient Air Quality Standard for Lead;
(2) Division 204, Designation of Air Quality Areas: Rule 0010,
Definitions; Rule 0030, Designation of Nonattainment Areas;
(3) Division 206, Air Pollution Emergencies: Rule 0010,
Introduction; Rule 0030, Episode Stage Criteria for Air Pollution
Emergencies (including Table 2, Air Pollution Episode Warning Conditions
Emission Reduction Plan).
(F) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective May 1, 2011:
(1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0020, General, General Air Quality Definitions (including Table 1,
Significant Air Quality Impact; Table 2, Significant Emission Rates;
Table 3, Significant Emission Rates for the Medford-Ashland Air Quality
Maintenance Area; Table 4, De minimis Emission Levels; Table 5, General
PSELs); Rule 0025, General, Abbreviations and Acronyms;
(2) Division 202, Ambient Air Quality Standards and PSD Increments:
Rule 0010, Definitions; Rule 0060, Ambient Air Quality Standards,
Suspended Particulate Matter; Rule 0210, Prevention of Significant
Deterioration Increments, Ambient Air Increments (including Table 1,
Maximum Allowable Increase);
(3) Division 216, Air Contaminant Discharge Permits: Rule 0020,
Applicability (including Table 1, Air Contaminant Discharge Permits;
Table 2, Part 1 Initial Permitting Application Fees, Part 2 Annual Fees,
Part 3 Specific Activity Fees, Part 4 Late Fees); Rule 0040, Application
Requirements; Rule 0060, General Air Contaminant Discharge Permits; Rule
0064, Simple ACDP;
(4) Division 224, Major New Source Review: Rule 0010, Applicability
and General Prohibitions; Rule 0050, Requirements for Sources in
Nonattainment Areas; Rule 0060, Requirements for Sources in Maintenance
Areas, Rule 0070, Prevention of Significant Deterioration Requirements
for Sources in Attainment or Unclassified Areas;
(5) Division 225, Air Quality Analysis Requirements: Rule 0020,
Definitions (including Table 1, Constant K for Range of Influence
Calculation); Rule 0030, Procedural Requirements; Rule 0045,
Requirements for Analysis in Maintenance Areas; Rule 0050, Requirements
for Analysis in PSD Class II and Class III Areas; Rule 0060,
Requirements for Demonstrating Compliance With Standards and Increments
in PSD 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.

[[Page 839]]

(I) Based on a SIP revision submitted by Oregon on June 8, 2012,
Oregon Administrative Rules Chapter 340, Division 228 ``Requirements for
Fuel Burning Equipment and Fuel Sulfur Content,'' the following
provisions 228-0020, 228-0200, 228-0210, as effective November 8, 2007,
are removed from the SIP and replaced by revised provisions 228-0020,
228-0200, 228-0210, as effective May 17, 2012.
(154) On October 10, 2008, the Oregon Department of Environmental
Quality submitted a SIP revision to repeal outdated rules governing
wigwam waste burners with a statewide prohibition on their use, and to
repeal redundant kraft pulp mill rules.
(i) Incorporation by reference.
(A) Remove the following rules of section 340 of the OAR from the
current incorporation by reference: Division 234, Rules 0110, 0120,
0130, 0230 and 0260. See paragraph (c)(139)(i)(A) of this section.
(155) On January 13, 2012, the Oregon Department of Environmental
Quality submitted the Eugene-Springfield PM10 Limited
Maintenance Plan and requested redesignation of the Eugene-Springfield
nonattainment area to attainment for the PM10 National
Ambient Air Quality Standards. The State also submitted revisions to
rules in the Federally-approved SIP to reflect the requested
redesignation. The State's Limited Maintenance Plan, redesignation
request, and rule revisions meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) The following revised sections of the Oregon Administrative
Rules (OAR) Chapter 340, effective December 21, 2011: Division 204,
Designation of Air Quality Areas: Rule 0010 Definitions; Rule 0030
Designation of Nonattainment Areas; and Rule 0040 Designation of
Maintenance Areas.
(B) Letter from Merlyn Hough, dated January 8, 2013, certifying that
Lane Regional Air Protection Agency (LRAPA) adopted LRAPA provisions
from Titles 29 and 32 on September 26, 2011 as described in the LRAPA
Board meeting minutes.
(C) Lane Regional Air Protection Agency (LRAPA) Board meeting
minutes, dated September 26, 2011.
(D) The following revised sections of the Lane Regional Air
Protection Agency (LRAPA) Rules, Title 29 Designation of Air Quality
Areas, adopted September 26, 2011: Section 29-0010 Definitions (except
paragraphs 1 through 5, and 7 through 14); Section 29-0030 Designation
of Nonattainment Areas; and Section 29-0040 Designation of Maintenance
Areas.
(E) The following revised sections of the Lane Regional Air
Protection Agency (LRAPA) Rules Title 32 Emission Standards, adopted
September 26, 2011: Section 32-060 Air Conveying Systems; and Section
32-065 Sulfur Content of Fuels (except paragraphs 1 and 2).
(156) On February 16, 2001, May 13, 2005, March 29, 2006, and March
20, 2008, the Oregon Department of Environmental Quality submitted
revisions to the Oregon Administrative Rules (OAR) Chapter 340 as
revisions to the Oregon State Implementation Plan (SIP). The submissions
relate to Oregon's open burning rules, enforcement procedures, civil
penalties, and procedures in contested cases (appeals).
(i) Incorporation by reference.
(A) The following sections of the OAR Chapter 340, Division 264,
effective December 15, 2000: Division 264, Rules For Open Burning: Rule
0010 How to Use These Open Burning Rules; Rule 0020 Policy; Rule 0030
Definitions; Rule 0040 Exemptions, Statewide; Rule 0050 General
Requirements Statewide; Rule 0060 General Prohibitions Statewide; Rule
0070 Open Burning Conditions; 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

[[Page 840]]

County; Rule 0160 Open Burning Requirements, Lane County; Rule 0170 Open
Burning Requirements, Coos, Douglas, Jackson and Josephine Counties;
Rule 0180 Open Burning Requirements, Letter Permits, Rule 0190 Open
Burning Requirements, Forced-Air Pit Incinerators.
(B) [Reserved]
(ii) Additional Material:
(A) The following revised sections of Oregon Administrative Rules
Chapter 340 effective May 13, 2005: Division 12 Enforcement Procedures
and Civil Penalties: Rule 0026 Policy, Rule 0028 Scope of Applicability,
Rule 0030 Definitions, Rule 0038 Warning Letters, Pre-Enforcement
Notices and Notices of Permit Violation, Rule 0041 Formal Enforcement
Action, Rule 0042 Determination of Base Penalty, Rule 0045 Civil Penalty
Determination Procedure, Rule 0145 Determination of Aggravating or
Mitigating Factors, Rule 0150 Determination of Economic Benefit, Rule
0160 Department Discretion Regarding Penalty Assessment, Rule 0162
Inability to Pay the Penalty, Rule 0165 Stipulated Penalties, Rule 0170
Compromise or Settlement of Civil Penalty by Department.
(B) The following revised sections of Oregon Administrative Rules
Chapter 340 effective March 29, 2006: Division 12 Enforcement Procedures
and Civil Penalties: Rule 0027 Rule Effective Date, Rule 0053 Violations
that Apply to all Programs, Rule 0054 Air Quality Classification of
Violations, Rule 0073 Environmental Cleanup Classification of Violation,
Rule 0082 Contingency Planning Classification of Violations, Rule 0130
Determination of Violation Magnitude, Rule 0135 Selected Magnitude
Categories, Rule 0140 Determination of Base Penalty, Rule 0155
Additional or Alternate Civil Penalties.
(C) The following revised sections of Oregon Administrative Rules
Chapter 340 effective March 20, 2008: Division 11, Rules of General
Applicability and Organization, Rule 0005 Definitions, Rule 0009
Incorporation of Attorney General's Uniform and Model Rules, Rule 0510
Agency Representation by Environmental Law Specialist, Rule 0515
Authorized Representative of Respondent other than a Natural Person in a
Contested Case Hearing, Rule 0573 Proposed Orders in Contested Cases,
Rule 0575 Review of Proposed Orders in Contested Cases.
(157) On October 5, 2011, June 8, 2012, and November 28, 2012, the
Oregon Department of Environmental Quality submitted revisions to the
Oregon Administrative Rules (OAR) Chapter 340 as revisions to the Oregon
State Implementation Plan (SIP). The submissions relate to Oregon's Heat
Smart program, enforcement procedures and civil penalties, general air
pollution definitions, rules for stationary source notification
requirements, and requirements for fuel burning.
(i) Incorporation by reference.
(A) The following sections of the OAR Chapter 340, Division 262,
effective March 15, 2011: Division 262, Heat Smart Program for
Residential Woodstoves and Other Solid Fuel Heating Devices: Rule 0400
Purpose and Applicability of Rules; Rule 0500 Certification of Solid
Fuel Burning Devices for Sale as New; Rule 0700 Removal and Destruction
of Used Solid Fuel Burning Devices; Rule 0800 Wood Burning and Other
Heating Devices Curtailment Program; Rule 0900 Materials Prohibited from
Burning.
(B) The following sections of the OAR Chapter 340, Division 262,
effective May 17, 2012: Division 262, Heat Smart Program for Residential
Woodstoves and Other Solid Fuel Heating Devices: Rule 0450 Definitions;
Rule 0600 New and Used Solid Fuel Burning Devices Sold in Oregon.
(ii) Additional Material:
(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

[[Page 841]]

Enforcement Procedures and Civil Penalties: Rule 0054 Air Quality
Classifications and Violations, Rule 0140 Determination of Base Penalty.

[37 FR 10888, May 31, 1972. Redesignated at 78 FR 74015, Dec. 10, 2013]

Editorial Note: For Federal Register citations affecting Sec.
52.1974, 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. 52.1975-52.1976 [Reserved]

Sec. 52.1977 Content of approved State submitted implementation plan.

The following sections of the State air quality control plan (as
amended on the dates indicated) have been approved and are part of the
current state implementation plan.

State of Oregon Air Quality Control Program

Volume 2-The Federal Clean Air Act Implementation Plan (and Other State
Regulations)

Section

1. Introduction (1-86)

2. General Administration (1-86)

2.1 Agency Organization (1-86)
2.2 Legal Authority (1-86)
2.3 Resources (1-86)
2.4 Intergovernmental Cooperation and Consultation (1-86)
2.5 Miscellaneous Provisions (1-86)

3. Statewide Regulatory Provisions

3.1 Oregon Administrative Rules--Chapter 340 Incorporation by Reference
(March 24, 2003)

Division 21--General Emission Standards for Particulate Matter

21-015 Visible Air Contaminant Limitations (1/29/96)

Fugitive Emissions

21-050 Definitions (1/29/96)
21-055 Applicability (3/10/93)
21-060 Requirements (3/10/93)

Industrial Contingency Requirements for PM-10 Nonattainment Areas

21-200 Purpose (5/1/95)
21-205 Relation to other Rules (3/10/93)
21-210 Applicability (3/10/93)
21-215 Definitions (3/10/93)
21-220 Compliance Schedule for Existing Sources (3/10/93)
21-225 Wood-Waste Boilers (3/10/93)
21-230 Wood Particulate Dryers at Particleboard Plants (3/10/93)
21-235 Hardboard Manufacturing Plants (1/29/96)
21-240 Air Conveying Systems (3/10/93)
21-245 Fugitive Emissions (3/10/93)

Division 23--Rules for Open Burning

23-022 How to Use these Open Burning Rules (3/10/93)
23-025 Policy (3/10/93)
23-030 Definitions (6/16/84, except for paragraph (15) is 3/10/93)
23-035 Exemptions, Statewide (3/10/93)
23-040 General Requirements Statewide (3/10/93)
23-042 General Prohibitions Statewide (3/10/93)
23-043 Open Burning Schedule (3/10/93)
23-045 County Listing of Specific Open Burning Rules (3/10/93)

Open Burning Prohibitions

23-055 Baker, Clatsop, Crook, Curry, Deshutes, Gilliam, Grant, Harney,
Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman,
Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties (3/10/
93)
23-060 Benton, Linn, Marion, Polk, and Yamhill Counties (3/10/93)
23-065 Clackamas County (3/10/93)
23-070 Multnomah County (3/10/93)
23-075 Washington County (3/10/93)
23-080 Columbia County (3/10/93)
23-085 Lane County (3/10/93)
23-090 Coos, Douglas, Jackson and Josephine Counties (3/10/93)
23-100 Letter Permits (3/10/93)
23-105 Forced Air Pit Incinerators (3/10/93)
23-110 Records and Reports (3/10/93)
23-115 Open Burning Control Areas (3/10/93)

Division 24--Motor Vehicles

Pertaining to Motor Vehicles Inspection

24-100 County Designations (11/26/96)

Motor Vehicle Emission Control Inspection Test Criteria, Methods and
Standards

24-300 Scope (11/26/96)
24-301 Boundary Designations (3/10/93)
24-305 Definitions (11/26/96)
24-306 Government-Owned Vehicle, Permanent Fleet Vehicle and U.S.
Government Vehicle Testing Requirements (11/26/96)
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)

[[Page 842]]

24-312 Light Duty Motor Vehicle Emission Control Test Method for
Enhanced Program (11/26/96)
24-314 Motorcycle Noise Emission Control Test Method, except all
language in (4)(a) referring to a ``sixth hill extrapolation'' (11/26/
96)
24-318 Renew Registration for Light Duty Motor Vehicles and Heavy Duty
Gasoline Motor Vehicles Temporarily Operating Outside of Oregon (11/26/
96)
24-320 Light Duty Motor Vehicle Emission Control Test Criteria for Basic
Program (11/26/96)
24-325 Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria
(11/26/96)
24-330 Light Duty Motor Vehicle Emission Control Standards for Basic
Program (11/26/96)
24-332 Light Duty Motor Vehicle Emission Control Standards for Enhanced
Program (11/26/96)
24-335 Heavy-Duty Gasoline Motor Vehicle Emission Control Emission
Standards (11/26/96)
24-337 Motor Vehicle Propulsion Noise Standards (11/26/96)
24-340 Criteria for Qualifications of Persons Eligible to Inspect Motor
Vehicles and Motor Vehicle Pollution Control Systems and Execute
Certificates (11/26/96)
24-355 Gas Analytical System Licensing Criteria for Basic Program (11/
26/96)
24-357 Gas Analytical System Testing for Enhanced Program (11/26/96)
24-360 Agreement with Independent Contractor; Qualifications of
Contractor; Agreement Provisions (11/26/96)

Division 28--Stationary Source Air Pollution Control and Permitting
Procedures

Excess Emissions and Emergency Provision

28-1400 Purpose and Applicability (9/24/93)
28-1410 Planned Startup and Shutdown (9/24/96)
28-1420 Scheduled Maintenance (11/4/93)
28-1430 Upsets and Breakdowns (9/24/96)
28-1440 Reporting Requirements (11/4/93)
28-1450 Enforcement Action Criteria (9/24/93)

Division 200--General Air Pollution Procedures and Definitions

200-0010 Purpose and Application (7/1/01)
200-0020 General Air Quality Definitions, except (58) (7/1/01)
200-0025 Abbreviations and Acronyms (7/1/01)
200-0030 Exceptions (10/14/99)

Division 202--Ambient Air Quality Standards and PSD Increments

202-0010 Definitions (7/1/01)

Ambient Air Quality Standards

202-0050 Purpose and Scope of Ambient Air Quality Standards (7/1/01)
202-0060 Suspended Particulate Matter (7/1/01)
202-0070 Sulfur Dioxide (7/1/01)
202-0080 Carbon Monoxide (7/1/01)
202-0090 Ozone (7/1/01)
202-0100 Nitrogen Dioxide (7/1/01)
202-0130 Ambient Air Quality Standard for Lead (7/1/01)

Prevention of Significant Deterioration Increments

202-0200 General (10/14/99)
202-0210 Ambient Air Increments (7/1/01)
202-0220 Ambient Air Ceilings (7/1/01)

Division 204--Designation of Air Quality Areas

204-0010 Definitions (10/14/99)
204-0020 Designation of Air Quality Control Regions (10/14/99)
204-0030 Designation of Nonattainment Areas (7/1/01)
204-0040 Designation of Maintenance Areas (10/25/00)
204-0050 Designation of Prevention of Significant Deterioration Areas
(10/14/99)
204-0060 Redesignation of Prevention of Significant Deterioration Areas
(10/14/99)
204-0070 Special Control Areas (10/14/99)
204-0080 Motor Vehicle Inspection Boundary Designations (10/14/99)
204-0090 Oxygenated Gasoline Control Areas (3/27/01)

Division 206--Air Pollution Emergencies

206-0010 Introduction (10/14/99)
206-0020 Definitions (10/14/99)
206-0030 Episode Stage Criteria for Air Pollution Emergencies (10/14/99)
206-0040 Special Conditions (10/14/99)
206-0050 Source Emission Reduction Plans (10/14/99)
206-0060 Regional Air Pollution Authorities (10/14/99)
206-0070 Operations Manual (10/14/99)

Division 209--Public Participation

209-0010 Purpose (7/1/01)
209-0020 Applicability (7/1/01)
209-0030 Public Notice Categories and Timing (7/1/01)
209-0040 Public Notice Information (7/1/01)
209-0050 Public Notice Procedures (7/1/01)
209-0060 Persons Required To Be Notified (7/1/01)
209-0070 Hearing and Meeting Procedures (7/1/01)
209-0080 Issuance or Denial of a Permit (7/1/01)

[[Page 843]]

Division 210--Stationary Source Notification Requirements

210-0010 Applicability (10/14/99)
210-0020 Definitions (10/14/99)

Registration

210-0100 Registration in General (7/1/01)
210-0110 Registration Requirements (7/1/01)
210-0120 Re-Registration (7/1/01)

Notice of Construction and Approval of Plans

210-0205 Applicability (7/1/01)
210-0215 Requirement (7/1/01)
210-0225 Types of Construction/Modification Changes (7/1/01)
210-0230 Notice to Construct (7/1/01)
210-0240 Construction Approval (7/1/01)
210-0250 Approval to Operate (7/1/01)

Division 212--Stationary Source Testing and Monitoring

212-0010 Definitions (10/14/99)

Sampling, Testing and Measurement

212-0110 Applicability (10/14/99)
212-0120 Program (7/1/01)
212-0130 Stack Heights and Dispersion Techniques (7/1/01)
212-0140 Methods (7/1/01)
212-0150 Department Testing (7/1/01)

Compliance Assurance Monitoring

212-0200 Purpose and Applicability (7/1/01)
212-0210 Monitoring Design Criteria (7/1/01)
212-0220 Submittal Requirements (7/1/01)
212-0230 Deadlines for Submittals (7/1/01)
212-0240 Approval of Monitoring Plans (7/1/01)
212-0250 Operation of Approved Monitoring (7/1/01)
212-0260 Quality Improvement Plan (QIP) Requirements (7/1/01)
212-0270 Reporting and Recordkeeping Requirements (7/1/01)
212-0280 Savings Provisions (7/1/01)

Division 214--Stationary Source Reporting Requirements

214-0010 Definitions (7/1/01)

Reporting

214-0100 Applicability (10/14/99)
214-0110 Request for Information (7/1/01)
214-0114 Records; Maintaining and Reporting (7/1/01)
214-0120 Enforcement (10/14/99)
214-0130 Information Exempt from Disclosure (7/1/01)

Emission Statements for VOC and NOX Sources

214-0200 Purpose and Applicability (7/1/01)
214-0210 Requirements (7/1/01)
214-0220 Submission of Emission Statement (7/1/01)

Division 216--Air Contaminant Discharge Permits

216-0010 Purpose (7/1/01)
216-0020 Applicability (7/1/01)
216-0025 Types of Permits (7/1/01)
216-0030 Definitions (7/1/01)
216-0040 Application Requirements (7/1/01)
216-0052 Construction ACDP (7/1/01)
216-0054 Short Term Activity ACDPs (7/1/01)
216-0056 Basic ACDPs (7/1/01)
216-0060 General Air Contaminant Discharge Permits (7/1/01)
216-0064 Simple ACDP (7/1/01)
216-0066 Standard ACDPs (7/1/01)
216-0070 Permitting Multiple Sources at a Single Adjacent or Contiguous
Site (7/1/01)
216-0082 Termination or Revocation of an ACDP (7/1/01)
216-0084 Department Initiated Modification (7/1/01)
216-0090 Sources Subject to ACDPs and Fees (7/1/01)
216-0094 Temporary Closure (7/1/01)

Division 222--Stationary Source Plant Site Emission Limits

222-0010 Policy (7/1/01)
222-0020 Applicability (7/1/01)
222-0030 Definitions (10/14/99)

Criteria for Establishing Plant Site Emission Limits

222-0040 Generic Annual PSEL (7/1/01)
222-0041 Source Specific Annual PSEL (10/8/02)
222-0042 Short Term PSEL (7/1/01)
222-0043 General Requirements for All PSEL (7/1/01)
222-0045 Unassigned Emissions (7/1/01)
222-0070 Plant Site Emission Limits for Insignificant Activities (7/1/
01)
222-0080 Plant Site Emission Limit Compliance (7/1/01)
222-0090 Combining and Splitting Sources (7/1/01)

Division 224--Major New Source Review

224-0010 Applicability and General Prohibitions (7/1/01)
224-0020 Definitions (10/14/99)
224-0030 Procedural Requirements (7/1/01)
224-0040 Review of New Sources and Modifications for Compliance with
Regulations (7/1/01)
224-0050 Requirements for Sources in Nonattainment Areas (7/1/01)
224-0060 Requirements for Sources in Maintenance Areas (10/8/02)
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)

[[Page 844]]

Division 225--Air Quality Analysis Requirements

225-0010 Purpose (7/1/01)
225-0020 Definitions (10/8/02 and 10/8/02 thru 4/6/03)
225-0030 Procedural Requirements (7/1/01)
225-0040 Air Quality Models (7/1/01)
225-0045 Requirements for Analysis in Maintenance Areas (10/8/02)
225-0050 Requirements for Analysis in PSD Class II and Class III Areas
(10/8/02)
225-0060 Requirements for Demonstrating Compliance with Standards and
Increments in PSD Class I Areas (10/8/02)
225-0070 Requirements for Demonstrating Compliance with AQRV Protection
(7/1/01)
225-0090 Requirements for Demonstrating a Net Air Quality Benefit (10/8/
02 and 10/8/02 thru 4/6/03)

Division 226--General Emission Standards

226-0010 Definitions (7/1/01)

Highest and Best Practicable Treatment and Control

226-0100 Policy and Application (7/1/01)
226-0110 Pollution Prevention (7/1/01)
226-0120 Operating and Maintenance Requirements (7/1/01)
226-0130 Typically Achievable Control Technology (7/1/01)
226-0140 Additional Control Requirements for Stationary Sources of Air
Contaminants (7/1/01)

Grain Loading Standards

226-0200 Applicability (10/14/99)
226-0210 Particulate Emission Limitations for Sources Other Than Fuel
Burning and Refuse Burning Equipment (7/1/01)

Particulate Emissions From Process Equipment

226-0300 Applicability (7/1/01)
226-0310 Emission Standard (7/1/01)
226-0320 Determination of Process Weight (7/1/01)

Alternative Emission Controls

226-0400 Alternative Emission Controls (Bubble) (7/1/01)

Division 228--Requirements for Fuel Burning Equipment and Fuel Sulfur
Content

228-0010 Applicability (10/14/99)
228-0020 Definitions (10/14/99)

Sulfur Content of Fuels

228-0100 Residual Fuel Oils (10/14/99)
228-0110 Distillate Fuel Oils (10/14/99)
228-0120 Coal (10/14/99)
228-0130 Exemptions (10/14/99)

General Emission Standards for Fuel Burning Equipment

228-0200 Sulfur Dioxide Standards (10/14/99)
228-0210 Grain Loading Standards (10/14/99)

Division 232--Emission Standards for VOC Point Sources

232-0010 Introduction (10/14/99)
232-0020 Applicability (10/14/99)
232-0030 Definitions (6/1/01)
232-0040 General Non-categorical Requirements (10/14/99)
232-0050 Exemptions (10/14/99)
232-0060 Compliance Determination (10/14/99)
232-0070 Gasoline Dispensing Facilities (10/14/99)
232-0080 Bulk Gasoline Plants (10/14/99)
232-0085 Gasoline Delivery Vessel(s) (10/14/99)
232-0090 Bulk Gasoline Terminals (10/14/99)
232-0100 Testing Vapor Transfer and Collection Systems (10/14/99)
232-0110 Loading Gasoline onto Marine Tank Vessels (6/1/01)
232-0120 Cutback and Emulsified Asphalt (10/14/99)
232-0130 Petroleum Refineries (10/14/99)
232-0140 Petroleum Refinery Leaks (10/14/99)
232-0150 Liquid Storage (10/14/99)
232-0160 Surface Coating in Manufacturing (10/14/99)
232-0170 Aerospace Component Coating Operations (10/14/99)
232-0180 Degreasers (10/14/99)
232-0190 Open Top Vapor Degreasers (10/14/99)
232-0200 Conveyorized Degreasers (10/14/99)
232-0210 Asphaltic and Coal Tar Pitch Used for Roofing Coating (10/14/
99)
232-0220 Flat Wood Coating (10/14/99)
232-0230 Rotogravure and Flexographic Printing (10/14/99)
232-0240 Perchloroethylene Dry Cleaning (10/14/99)

Division 234--Emission Standards for Wood Products Industries

234-0010 Definitions, excluding (25), (28)(a) & (46) (10/14/99)

Wigwam Waste Burners

234-0100 Statement of Policy and Applicability (10/14/99)
234-0110 Authorization to Operate a Wigwam Burner (10/14/99)
234-0120 Emission and Operation Standards for Wigwam Waste Burners (10/
14/99)
234-0130 Monitoring and Reporting (10/14/99)
234-0140 Existing Administrative Agency Orders (10/14/99)

Kraft Pulp Mills

234-0200 Statement of Policy and Applicability (10/14/99)
234-0210 Emission Limitations, excluding (1) (10/14/99)

[[Page 845]]

234-0220 More Restrictive Emission Limits (10/14/99)
234-0230 Plans and Specifications (10/14/99)
234-0240 Monitoring, excluding (2) (10/14/99)
234-0250 Reporting, excluding (1) & (2) (10/14/99)
234-0260 Upset Conditions, excluding (3)(a)(A) & (3)(b)(A) (10/14/99)
234-0270 Chronic Upset Conditions (10/14/99)

Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills

234-0300 Applicability (10/14/99)
234-0310 Emission Limitations, excluding (1) (10/14/99)
234-0320 More Restrictive Emission Limits, excluding (2) (10/14/99)
234-0330 Plans and Specifications (10/14/99)
234-0340 Monitoring, excluding (2) (10/14/99)
234-0350 Reporting, excluding (1) (10/14/99)
234-0360 Upset Conditions, excluding (3)(a)(A) (10/14/99)

Sulfite Pulp Mills

234-0400 Statement of Policy and Applicability (10/14/99)
234-0410 Minimum Emission Standards (10/14/99)
234-0420 Monitoring and Reporting (10/14/99)
234-0430 Exceptions (10/14/99)

Board Products Industries (Veneer, Plywood, Particleboard, Hardboard)

234-0500 Applicability and General Provisions (10/14/99)
234-0510 Veneer and Plywood Manufacturing Operations (10/14/99)
234-0520 Particleboard Manufacturing Operations (10/14/99)
234-0530 Hardboard Manufacturing Operations (10/14/99)

Division 236--Emission Standards for Specific Industries

236-0010 Definitions (10/14/99)

Primary Aluminum Standards

236-0100 Statement of Purpose (10/14/99)
236-0110 Applicability (10/14/99)
236-0120 Emission Standards, excluding (1)(a), (3)(a), & (3)(e) (10/14/
99)
236-0130 Special Problem Areas (10/14/99)
236-0140 Monitoring, excluding references to fluorides (10/14/99)
236-0150 Reporting, excluding (1)(d) and (1)(e) (10/14/99)

Laterite Ore Production of Ferronickel

236-0200 Statement of Purpose (10/14/99)
236-0210 Applicability (10/14/99)
236-0220 Emission Standards (10/14/99)
236-0230 Monitoring and Reporting (10/14/99)

Hot Mix Asphalt Plants

236-0400 Applicability (10/14/99)
236-0410 Control Facilities Required (10/14/99)
236-0420 Other Established Air Quality Limitations (10/14/99)
236-0430 Portable Hot Mix Asphalt Plants (10/14/99)
236-0440 Ancillary Sources of Emission--Housekeeping of Plant Facilities
(10/14/99)

Division 240--Rules for Areas With Unique Air Quality Needs

240-0010 Purpose (10/14/99)
240-0020 Emission Limitations (7/1/01)
240-0030 Definitions (7/1/01)

The Medford-Ashland Air Quality Maintenance Area and the Grants Pass
Urban Growth Area

240-0100 Applicability (10/14/99)
240-0110 Wood Waste Boilers (7/1/01)
240-0120 Veneer Dryer Emission Limitations (7/1/01)
240-0130 Air Conveying Systems (Medford-Ashland AQMA Only) (7/1/01)
240-0140 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0150 Hardboard Manufacturing Plants (7/1/01)
240-0160 Wigwam Waste Burners (7/1/01)
240-0170 Charcoal Producing Plants (7/1/01)
240-0180 Control of Fugitive Emissions (Medford-Ashland AQMA Only) (7/1/
01)
240-0190 Requirement for Operation and Maintenance Plans (Medford-
Ashland AQMA Only) (7/1/01)
240-0200 Emission-Limits Compliance Schedules (7/1/01)
240-0210 Continuous Monitoring (7/1/01)
240-0220 Source Testing (7/1/01)
240-0230 New Sources (7/1/01)
240-0240 Rebuilt Boilers (7/1/01)
240-0250 Open Burning (7/1/01)
240-0270 Dual-Fueling Feasibility Study for Wood-Waste Boilers (7/1/01)

La Grande Urban Growth Area

240-0300 Applicability (10/14/99)
240-0310 Compliance Schedule for Existing Sources (7/1/01)
240-0320 Wood-Waste Boilers (7/1/01)
240-0330 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0340 Hardboard Manufacturing Plants (7/1/01)
240-0350 Air Conveying Systems (7/1/01)
240-0360 Fugitive Emissions (7/1/01)

The Lakeview Urban Growth Area

240-0400 Applicability (7/1/01)
240-0410 Control of Fugitive Emissions (7/1/01)
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)

[[Page 846]]

Division 242--Rules Applicable to the Portland Area

Employee Commute Options Program

242-0010 What is the Employee Commute Options Program? (10/14/99)
242-0020 Who is subject to ECO? (10/14/99)
242-0030 What Does ECO Require? (10/14/99)
242-0040 How does the Department Enforce ECO? (10/14/99)
242-0050 Definitions of Terms used in these Rules (10/14/99)
242-0060 Should All Employees at a Work Site Be Counted? (10/14/99)
242-0070 What are the Major Requirements of ECO? (10/14/99)
242-0080 What are the Registration Requirements? (10/14/99)
242-0090 What are the Requirements for an Employee Survey? (10/14/99)
242-0100 Special Requirements for Employers Intending to Comply without
an Approved Plan (10/14/99)
242-0110 What if the Employer Does Not Meet the Target Auto Trip Rate?
(10/14/99)
242-0120 How Will Employers Demonstrate Progress Toward the Target Auto
Trip Rate? (10/14/99)
242-0130 What Is the Schedule Employers Must Follow To Implement ECO?
(10/14/99)
242-0140 How Should Employers Account for Changes in Work Force Size?
(10/14/99)
242-0150 How Can an Employer Reduce Auto Commute Trips to a Work Site?
(10/14/99)
242-0160 What Should be Included in an Auto Trip Reduction Plan? (10/14/
99)
242-0170 When Will the Department Act on a Submitted Auto Trip Reduction
Plan? (10/14/99)
242-0180 What is a Good Faith Effort? (10/14/99)
242-0190 How Does the ECO Program Affect New Employers, Expanding
Employers and Employers Relocating Within the Portland AQMA? (10/14/99)
242-0200 Can A New or Relocating Employer Comply with ECO Through
Restricted Parking Ratios? (10/14/99)
242-0210 Can An Existing Employer Comply With ECO Through Restricted
Parking Ratios? (10/14/99)
242-0220 What if an Employer Has More Than One Work Site Within The
Portland AQMA? (10/14/99)
242-0230 Can Employers Submit a Joint Plan? (10/14/99)
242-0240 Are There Alternatives to Trip Reduction? (10/14/99)
242-0250 What Alternatives Qualify as Equivalent Emission Reductions?
(10/14/99)
242-0260 Can Employers Get Credit For Existing Trip Reduction Programs?
(10/14/99)
242-0270 Are Exemptions Allowed If An Employer Is Unable to Reduce Trips
Or Take Advantage of Alternate Compliance Options? (10/14/99)
242-0280 Participation In the Industrial Emission Management Program
(10/14/99)
242-0290 What Kind of Records Must Be Kept and For How Long? (10/14/99)

Voluntary Maximum Parking Ratio Program

242-0300 What is the Voluntary Parking Ratio Program? (10/14/99)
242-0310 Who can Participate in the Voluntary Parking Ratio Program?
(10/14/99)
242-0320 Definitions of Terms and Land Uses (10/14/99)
242-0330 How Does a Property Owner Comply with the Voluntary Parking
Ratio Program? (10/14/99)
242-0340 What are the Incentives for Complying with the Voluntary
Parking Ratio Program? (10/14/99)
242-0350 Why do I Need A Parking Ratio Permit? (10/14/99)
242-0360 What is Required to Obtain A Parking Ratio Permit? (10/14/99)
242-0370 How is the Parking Ratio Program Enforced? (10/14/99)
242-0380 When will the Department Act on a Submitted Permit Application?
(10/14/99)
242-0390 What are the Applicable Parking Ratios? (10/14/99)

Industrial Emission Management Program

242-0400 Applicability (10/14/99)
242-0410 Definition of Terms (10/14/99)
242-0420 Unused PSEL Donation Program (10/14/99)
242-0430 Industrial Growth Allowances (10/14/99)
242-0440 Industrial Growth Allowance Allocation (10/14/99)

Gasoline Vapors From Gasoline Transfer and Dispensing Operations

242-0500 Purpose and Applicability (10/14/99)
242-0510 Definitions (10/14/99)
242-0520 General Provisions (10/14/99)

Motor Vehicle Refinishing

242-0600 Applicability (10/14/99)
242-0610 Definitions (10/14/99)
242-0620 Requirements for Motor Vehicle Refinishing in Portland AQMA
(10/14/99)
242-0630 Inspecting and Testing Requirements (10/14/99)

Spray Paint

242-0700 Applicability (10/14/99)
242-0710 Definitions (10/14/99)
242-0720 Spray Paint Standards and Exemptions (10/14/99)
242-0730 Requirements for Manufacture, Sale, and Use of Spray Paint (10/
14/99)
242-0740 Recordkeeping and Reporting Requirements (10/14/99)
242-0750 Inspection and Testing Requirements (10/14/99)

[[Page 847]]

Area Source Common Provisions

242-0760 Applicability (10/14/99)
242-0770 Compliance Extensions (10/14/99)
242-0780 Exemption from Disclosure to the Public (10/14/99)
242-0790 Future Review (10/14/99)

Division 250--General Conformity

250-0010 Purpose (10/14/99)
250-0020 Applicability (10/14/99)
250-0030 Definitions (10/14/99)
250-0040 Conformity Analysis (10/14/99)
250-0050 Reporting Requirements (10/14/99)
250-0060 Public Participation (10/14/99)
250-0070 Frequency of Conformity Determinations (10/14/99)
250-0080 Criteria for Determining Conformity of General Federal Actions
(10/14/99)
250-0090 Procedures for Conformity Determinations for General Federal
Actions (10/14/99)
250-0100 Mitigation of Air Quality Impacts (10/14/99)

Division 252--Transportation Conformity

252-0010 Purpose (10/14/99)
252-0020 Applicability, except (3) (10/14/99)
252-0030 Definitions (10/14/99)
252-0040 Priority (10/14/99)
252-0050 Frequency of Conformity Determinations, except (4) & (5)(b)
(10/14/99)
252-0060 Consultation (10/14/99)
252-0070 Content of Transportation Plans (10/14/99)
252-0080 Relationship of Transportation Plan & TIP Conformity with the
NEPA Process (10/14/99)
252-0090 Fiscal Constraints for Transportation Plans & TIPs (10/14/99)
252-0100 Criteria & Procedures for Determining Conformity of
Transportation Plans, Programs, and Projects: General, except (3)
through (6) (10/14/99)
252-0110 Criteria & Procedures: Latest Planning Assumptions (10/14/99)
252-0120 Criteria & Procedures: Latest Emissions Model (10/14/99)
252-0130 Criteria & Procedures: Consultation (10/14/99)
252-0140 Criteria & Procedures: Timely Implementation of TCMs (10/14/99)
252-0150 Criteria & Procedures: Currently Conforming Transportation Plan
and TIP (10/14/99)
252-0160 Criteria & Procedures: Projects from a Plan & TIP (10/14/99)
252-0170 Criteria & Procedures: Localized CO and PM-10 Violations (Hot
spots) (10/14/99)
252-0180 Criteria & Procedures: Compliance w/PM-10 Control Measures (10/
14/99)
252-0190 Criteria & Procedures: Motor vehicle Emissions Budget, except
(5) (10/14/99)
252-0200 Criteria & Procedures: Emission Reductions in Areas Without
Motor Vehicle Emissions Budgets, except (6)(c) (10/14/99)
252-0210 Consequences of Control Strategy Implementation Plan Failures,
except (1)(b) (10/14/99)
252-0220 Requirements for Adoption or Approval of Projects by Other
Recipients of Funds Designated under Title 23 U.S.C. or the Federal
Transit Laws, except (1)(a) & (2) (10/14/99)
252-0230 Procedures for Determining Regional Transportation-Related
Emissions (10/14/99)
252-0240 Procedures for Determining Localized CO and PM-10
Concentrations (Hot-Spot Analysis) (10/14/99)
252-0250 Using the Motor Vehicle Emissions Budget in the Applicable
Implementation Plan (or Implementation Plan Submission), except (2) (10/
14/99)
252-0260 Enforceability of Design Concept and Scope and Project-Level
Mitigation and Control Measures (10/14/99)
252-0270 Exempt Projects (10/14/99)
252-0280 Projects Exempt from Regional Emissions Analyses (10/14/99)
252-0290 Traffic Signal Synchronization Projects (10/14/99)

Division 258--Motor Vehicle Fuel Specifications

258-0010 Definitions (10/14/99)

Oxygenated Gasoline

258-0100 Policy (10/14/99)
258-0110 Purpose and General Requirements (10/14/99)
258-0120 Sampling & Testing for Oxygen Content (10/14/99)
258-0130 Compliance Options (10/14/99)
258-0140 Per Gallon Oxygen Content Standard (10/14/99)
258-0150 Average Oxygen Content Standard (10/14/99)
258-0160 Minimum Oxygen Content (10/14/99)
258-0170 Oxygenated Gasoline Blending (10/14/99)
258-0180 Registration (10/14/99)
258-0190 CAR, Distributor and Retail Outlet Operating Permits (10/14/99)
258-0200 Owners of Gasoline at Terminals, Distributors and Retail
Outlets Required to Have Indirect Source Operating Permits (10/14/99)
258-0210 Recordkeeping (10/14/99)
258-0220 Reporting (10/14/99)
258-0230 Prohibited Activities (10/14/99)
258-0240 Inspection and Sampling (10/14/99)
258-0250 Liability for Violation of a Prohibited Activity (10/14/99)
258-0260 Defenses for Prohibited Activities (10/14/99)
258-0270 Inability to Produce Conforming Gasoline Due to Extraordinary
Circumstances (10/14/99)
258-0280 Quality Assurance Program (10/14/99)

[[Page 848]]

258-0290 Attest Engagements Guidelines when Prohibited Activities
Alleged (10/14/99)
258-0300 Dispenser Labeling (10/14/99)
258-0310 Contingency Provision for Carbon Monoxide Nonattainment Areas
(10/14/99)

Standard for Automotive Gasoline

258-0400 Reid Vapor Pressure for Gasoline (10/14/99)

Division 262--Residential Woodheating

262-0010 Purpose (10/14/99)
262-0020 Definitions (10/14/99)

Woodstove Sales

262-0030 Requirements for Sale of Woodstoves (10/14/99)
262-0040 Exemptions (10/14/99)

Woodstove Certification Program

262-0100 Applicability (10/14/99)
262-0110 Emissions Performance Standards and Certification (10/14/99)
262-0120 General Certification Procedures (10/14/99)
262-0130 Labeling Requirements (10/14/99)

Woodburning Curtailment

262-0200 Applicability (10/14/99)
262-0210 Determination of Air Stagnation Conditions (10/14/99)
262-0220 Prohibition on Woodburning During Periods of Air Stagnation
(10/14/99)
262-0230 Public Information Program (10/14/99)
262-0240 Enforcement (10/14/99)
262-0250 Suspension of Department Program (10/14/99)

Woodstove Removal Contingency Program

262-0300 Applicability (10/14/99)
262-0310 Removal and Destruction of Uncertified Stove Upon Sale of Home
(10/14/99)
262-0320 Home Seller's Responsibility to Verify Stove Destruction (10/
14/99)
262-0330 Home Seller's Responsibility to Disclose (10/14/99)

Division 266--Field Burning Rules (Willamette Valley)

266-0010 Introduction (10/14/99)
266-0020 Policy (10/14/99)
266-0030 Definitions (10/14/99)
266-0040 General Requirements (10/14/99)
266-0050 Registration, Permits, Fees, Records (10/14/99)
266-0060 Acreage Limitations, Allocations (10/14/99)
266-0070 Daily Burning Authorization Criteria (10/14/99)
266-0080 Burning by Public Agencies (Training Fires) (10/14/99)
266-0090 Preparatory Burning (10/14/99)
266-0100 Experimental Burning (10/14/99)
266-0110 Emergency Burning, Cessation (10/14/99)
266-0120 Propane Flaming (10/14/99)
266-0130 Stack Burning (10/14/99)

Division 268--Emission Reduction Credits

268-0010 Applicability (7/1/01)
268-0020 Definitions (10/14/99)
268-0030 Emission Reduction Credits (7/1/01)

3.2 Lane Regional Air Pollution Authority Regulations

(LRAPA effective date)/EPA SIP effective date
Title 11 Policy and General Provisions
11-005 Policy (10-9-79)/11-8-93
11-010 Construction and Validity (10-9-79)/11-8-93

Title 12 Definitions (3-8-94)/October 2, 2001

Title 16 Home Wood Heating Curtailment Program Enforcement

16-001 Purpose (7-13-93)/10-24-94
16-010 Definitions (7-13-93)/10-24-94
16-100 Civil Penalty Schedule (7-13-93)/10-24-94
16-110 Classification of Violations (7-13-93)/10-24-94
16-120 Notice of Violation (7-13-93)/10-24-94
16-130 Appeal of Civil Penalty (7-13-93)/10-24-94
16-140 Conducting Contested Case Evidentiary Hearings (7-13-93)/10-
24-94
16-150 Evidentiary Rules (7-13-93)/10-24-94
16-160 Final Orders (7-13-93)/10-24-94
16-170 Default Orders (7-13-93)/10-24-94
Title 30 Incinerator Regulations
30-005 Purpose and Applicability (3-8-94)/October 2, 2001
30-010 Definitions (3-8-94)/October 2, 2001
30-015 Best Available Control Technology for Solid and Infectious
Waste Incinerators (3-8-94)/October 2, 2001
30-020 Emission Limitations for Solid and Infectious Waste
Incinerators *except for sections (2) & (8) (3-8-94)/October 2, 2001
30-025 Design and Operation for Solid and Infectious Waste
Incinerators *except for section (9) (3-8-94)/October 2, 2001
30-030 Continuous Emission Monitoring for Solid and Infectious Waste
Incinerators *except for sections (1)(I) & (2)(E) (3-8-94)/October 2,
2001
30-035 Reporting and Testing for Solid and Infectious Waste
Incinerators (3-8-94)/October 2, 2001
30-040 Compliance for Solid and Infectious Waste Incinerators (3-8-
94)/October 2, 2001
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

[[Page 849]]

30-055 Monitoring and Reporting for Crematory Incinerators (3-8-94)/
October 2, 2001
30-060 Compliance of Crematory Incinerators (3-8-94)/October 2, 2001
Title 32 Emission Standards
32-001 Definitions (11-10-94)/October 2, 2001
32-005 Highest and Best Practicable Treatment and Control Required
(11-10-94)/October 2, 2001
32-006 Pollution Prevention (11-10-94)/October 2, 2001
32-007 Operating and Maintenance Requirements (11-10-94)/October 2,
2001
32-008 Typically Achievable Control Technology (TACT) (11-10-94)/
October 2, 2001
32-009 Additional Control Requirements for Stationary Sources of Air
Contaminants (11-10-94)/October 2, 2001
32-010 Visible Air Contaminant Limitations (11-10-94)/October 2,
2001
32-015 Particulate Matter Weight Standards (11-10-94)/October 2,
2001
32-020 Particulate Matter Weight Standards--Existing Combustion
Sources (11-10-94)/October 2, 2001
32-030 Particulate Matter Weight Standards--New Combustion Sources
(11-10-94)/October 2, 2001
32-045 Process Weight Emission Limitations (11-10-94)/ October 2,
2001
32-055 Particulate Matter Size Standard (11-10-94)/October 2, 2001
32-060 Airborne Particulate Matter (9-14-82)/11-8-93
32-060 Air Conveying Systems (11-10-94)/October 2, 2001
32-065 Sulfur Content of Fuels (11-10-94)/October 2, 2001
32-070 Sulfur Dioxide Emission Limitations (11-10-94)/October 2,
2001
32-090 Other Emissions (11-10-94)/October 2, 2001
Table 1 Table of Allowable Rate of Particulate Emissions--Based on
Process Weight (11-10-94)/October 2, 2001

Title 33 Prohibited Practices and Control of Special Classes of Industry

33-030 Concealment and Masking of Emissions(11-10-94)/October 2,
2001
33-045 Gasoline Tanks (11-10-94)/October 2, 2001
33-060 Board Products Industries (Hardwood, Particleboard, Plywood,
Veneer) (11-10-94)/October 2, 2001
33-065 Charcoal Producing Plants (11-10-94)/October 2, 2001
33-070 Kraft Pulp Mills *except sections (1)(Definitions of Non-
Condensibles, Other Sources, and Total Reduced Sulfur (TRS)), (3)(A),
(6)(B), (7)(A), (7)(B), (8)(C)(1)(a), & (8)(C)(2)(a) (11-10-94)/October
2, 2001
33-075 Hot Mix Asphalt Plants (11-10-94)/October 2, 2001
Title 34 Stationary Source Rules and Permitting Procedures
34-001 General Policy and Rule Organization (6-13-00)/October 2,
2001
34-005 Definitions (6-13-00)/October 2, 2001

Rules Applicable to All Stationary Sources

34-010 Applicability (6-13-00)/October 2, 2001
34-015 Request for Information (6-13-00)/October 2, 2001
34-020 Information Exempt from Disclosure (6-13-00)/October 2, 2001
34-030 Source Registration (6-13-00)/October 2, 2001
34-040 Compliance Schedules for Existing Sources Affected by New
Rules (6-13-00)/October 2, 2001

Rules Applicable to Sources Required To Have ACDP or Title V Operating
Permits

34-050 Applicability (6-13-00)/October 2, 2001
34-060 Plant Site Emission Limit Rules (6-13-00)/October 2, 2001
*except for sections (6) and (8)
34-070 Sampling, Testing and Monitoring of Air Contaminant Emissions
(6-13-00)/October 2, 2001

Rules Applicable to Sources Required To Have Air Contaminant Discharge
Permits (ACDP)

34-090 Purpose and Applicability (6-13-00)/October 2, 2001
34-100 Permit Categories (6-13-00)/October 2, 2001
34-110 Permit Required (6-13-00)/October 2, 2001
34-120 Synthetic Minor Sources (6-13-00)/October 2, 2001
34-130 General Procedures for Obtaining ACDP Permits (6-13-00)/
October 2, 2001
34-140 Permit Duration (6-13-00)/October 2, 2001
34-150 ACDP Fees (6-13-00)/October 2, 2001
Table A Air Contaminant Sources and Associated Fee Schedule (6-13-
00)/October 2, 2001
Title 38 New Source Review
38-001 General Applicability (2-13-90)/11-8-93
38-005 Definitions (2-13-90)/11-8-93
38-010 General Requirements for Major Sources and Major
Modifications (2-13-90)/11-8-93
38-015 Additional Requirements for Major Sources or Major
Modifications Located in Nonattainment Areas (2-13-90)/11-8-93
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

[[Page 850]]

38-030 Baseline for Determining Credits for Offsets (2-13-90)/11-8-
93
38-035 Requirements for Net Air Quality Benefit for Major Sources
and Major Modifications (2-13-90)/11-8-93
38-040 Emission Reduction Credit Banking (2-13-90)/11-8-93
38-045 Requirements for Non-Major Sources and Non-Major
Modifications (2-13-90)/11-8-93
38-050 Stack Height and Dispersion Techniques (2-13-90)/11-8-93

Title 39 Contingency for PM10 Sources in Eugene-Springfield Non-
Attainment Area

39-001 Purpose (11-13-91)/10-24-94
39-005 Relation to Other Rules (11-13-91)/10-24-94
39-010 Applicability (11-13-91)/10-24-94
39-015 Definitions (11-13-91)/10-24-94
39-020 Compliance Schedule for Existing Sources (11-13-91)/10-24-94
39-025 Wood-Waste Boilers (11-13-91)/10-24-94
39-030 Veneer Dryers (11-13-91)/10-24-94
39-035 Particleboard Plants and Wood Particle Dryers (11-13-91)/10-
24-94
39-040 Kraft Pulp Mills (11-13-91)/10-24-94
39-050 Air Conveying Systems (11-13-91)/10-24-94
39-055 Fugitive Dust (11-13-91)/10-24-94
39-060 Open Burning (11-13-91)/10-24-94

Title 47 Rules for Open Outdoor Burning 47-001 General Policy (8-14-84)/
11-8-93

47-005 Statutory Exemptions from These Rules (8-14-84)/11-8-93
47-010 Definitions (1-1-93)/3-13-95
47-015 Open Burning Requirements (1-1-93)/3-13-95
47-020 Letter Permits (1-1-93)/3-13-95
47-030 Summary of Seasons, Areas, and Permit Requirements for Open
Outdoor Burning (1-1-93)/3-13-95
Title 50 Ambient Air Standards 50-005 General (7-12-88)/11-8-93
50-015 Suspended Particulate Matter (7-12-88)/11-8-93
50-025 Sulfur Dioxide (7-12-88)/11-8-93
50-030 Carbon Monoxide (7-12-88)/11-8-93
50-035 Ozone (7-12-88)/11-8-93
50-040 Nitrogen Dioxide (7-12-88)/11-8-93
50-045 Lead (7-12-88)/11-8-93
Title 51 Air Pollution Emergencies
51-005 Introduction (7-12-88)/11-8-93
51-010 Episode Criteria (7-12-88)/11-8-93
51-015 Emission Reduction Plans (7-12-88)/11-8-93
51-020 Preplanned Abatement Strategies (7-12-88)/11-8-93
51-025 Implementation (7-12-88)/11-8-93
Table I Air Pollution Episode, Alert Condition Emission Reduction
Plan (7-12-88)/11-8-93
Table II Air Pollution Episode, Warning Conditions Emission
Reduction Plan (7-12-88)/11-8-93

3.3 OAR Chapter 629-43-043 Smoke Management Plan Administrative Rules
(12-12-86)

4. Control Strategies for Nonattainment Areas (1-86)

4.1 Portland-Vancouver AQMA-Total Suspended Particulate (12-19-80)
4.2 Portland-Vancouver AQMA-Carbon Monoxide (7-16-82)
4.3 Portland-Vancouver AQMA-Ozone (7-16-82)
4.4 Salem Nonattainment Area-Carbon Monoxide (7-79)
4.5 Salem Nonattainment Area-Ozone (9-19-80)
4.6 Eugene-Springfield AQMA-Total Suspended Particulate (1-30-81)
4.7 Eugene-Springfield AQMA-Carbon Monoxide (6-20-79)
4.8 Medford-Ashland AQMA-Ozone (1-85)
4.9 Medford-Ashland AQMA-Carbon Monoxide (8-82)
4.10 Medford-Ashland AQMA-Particulate Matter (4-83)
4.11 Grants Pass Nonattainment-Carbon Monoxide (10-84)

5. Control Strategies for Attainment and Nonattainment Areas (1-86)

5.1 Statewide Control Strategies for Lead (1-83)
5.2 Visibility Protection Plan (10-24-86)
5.3 Prevention of Significant Deterioration (1-86)

6. Ambient Air Quality Monitoring Program

6.1 Air Monitoring Network (1-86)
6.2 Data Handling and Analysis Procedures (1-86)
6.3 Episode Monitoring (1-86)

7. Emergency Action Plan (1-86)

8. Public Involvement (1-86)

9. Plan Revisions and Reporting (1-86)

Volume 3--Appendices

Statewide Regulatory Provisions and Administration (Appendix A)

Directive 1-4-1-601 Operational Guidance for the Oregon SmokeManagement
Program/Slash Burning Smoke Management Plan (App. A1)
Field Burning Smoke Management Plan (App. A2)
Interagency Memoranda of Understanding Lead Agency Designations (App.
A3)
Source Sampling Manual (App. A4)
Air Quality Monitoring Quality Assurance Procedures Manual (App. A5)
Continuous Monitoring Manual (App. A6)

[[Page 851]]

Control Strategies for Nonattainment Areas (Appendix B)

Portland-Vancouver AQMA (App. B1)

Legal Definition of TSP Nonattainment Area Boundaries (App. B1-1)
Carbon Monoxide Monitoring Program (App. B1-2)
Carbon Monoxide Emission Inventories (App. B1-3)
Volatile Organic Compound Emission Inventories (App. B1-4)
Input Factors Used to Develop Motor Vehicle EI's (App. B1-5)

Salem Nonattainment Area (App. B2)

Study Area (App. B2-1)
Emission Inventories (App. B2-2)
Existing Programs and Plans (App. B2-3)
Carbon Monoxide Analysis (App. B2-4)

Eugene-Springfield AQMA (App. B3)

Unpaved Road Dust Inventory (App. B3-1)
Phase II Work Plans (App. B3-2)

Medford-Ashland AQMA (App. B4)

Legal Description of the Medford-Ashland AQMA (App. B4-1)
Documentation of Ozone Standard Attainment Projection (App. B4-2)
Air Quality Work Plan (App. B4-3)
Volatile Organic Compound Emissions Inventory (App. B4-4)
Carbon Monoxide Emission Inventory (App. B4-5)
Reasonably Available Transportation Measures (App. B4-6)
Description of the Projected TSP Nonattainment Area (App. B4-7)
Attainment Dates for Newly Designated Nonattainment Areas (App. B4-8)

Statewide Control Strategies (Appendix C)

Lead (App. C1)
Lead Emission Inventories for Portland-Vancouver AQMA (App. C1-1)

[59 FR 25334, May 16, 1994, as amended at 60 FR 2692, Jan. 11, 1995; 66
FR 40620, Aug. 3, 2001; 68 FR 2904, Jan. 22, 2003]

Sec. Sec. 52.1978-52.1981 [Reserved]

Sec. 52.1982 Control strategy: Ozone.

(a) Part D--Approval. (1) The Salem/ Portland and Medford/Ashland
area attainment plans are approved as satisfying Part D requirements
with the following clarification as to their implementation:
(i) DEQ source test method 24 will be used in conjunction with
method 25 for determining compliance of surface coating operations.
(ii) The phrase ``in most cases'' in rule OAR 340-232-0060(1)
applies to approximately 1,200 gasoline service stations where
compliance is determined by observing whether specific emission control
equipment, selected from a specific list on file at DEQ, is in place and
operating properly.

[46 FR 54940, Nov. 5, 1981, as amended at 68 FR 2909, Jan. 22, 2003]

Sec. Sec. 52.1983-52.1986 [Reserved]

Sec. 52.1987 Significant deterioration of air quality.

(a) The Oregon Department of Environmental Quality rules for the
prevention of significant deterioration of air quality (provisions of
OAR Chapter 340, Divisions 200, 202, 209, 212, 216, 222, 224 (except
0510(3) inter-pollutant offset ratios), 225, and 268, as in effect on
April 16, 2015, are approved as meeting the requirements of title I,
part C, subpart I of the Clean Air Act 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; 82 FR 47145, Oct. 11, 2017]

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

[[Page 852]]

the provisions of the Federally-approved rules for Air Contaminant
Discharge Permits (OAR chapter 340, Division 216), Plant Site Emission
Limit (OAR chapter 340, Division 222), Alternative Emission Controls
(OAR 340-226-0040) and Public Participation (OAR chapter 340, Division
209), shall be applicable requirements of the Federally-approved Oregon
SIP (in addition to any other provisions) for the purposes of section
113 of the Clean Air Act and shall be enforceable by EPA and by any
person in the same manner as other requirements of the SIP. Plant site
emission limits and alternative emission limits (bubbles) established in
Federal Operating Permits issued by the State in accordance with the
Federally-approved rules for Plant Site Emission Limit (OAR chapter 340,
Division 222) and Alternative Emission Controls (OAR 340-226-0040),
shall be applicable requirements of the Federally-approved Oregon SIP
(in addition to any other provisions) for the purposes of section 113 of
the Clean Air Act and shall be enforceable by EPA and by any person in
the same manner as other requirements of the SIP.
(b) Emission limitations and other provisions contained in Air
Contaminant Discharge Permits and Federal Operating Permits established
by the Lane Regional Air Pollution Authority pursuant to the rules
applicable to sources required to have ACDP or Title V Operating Permits
(Title 34, Sections 050, 060 (except for 060(6) ``Plant Site Emission
Limits for Sources of Hazardous Air Pollutants'' and 060(8)
``Alternative Emission Controls (Bubble)''), and 070) and the rules
applicable to sources required to have air contaminant discharge permits
(ACDP) (Title 34, Sections 090 through 150), shall be applicable
requirements of the Federally-approved Oregon SIP (in addition to any
other provisions) for the purposes of Section 113 of the Clean Air Act
and shall be enforceable by EPA and by any person in the same manner as
other requirements of the SIP.

[62 FR 10462, Mar. 7, 1997, as amended at 66 FR 40622, Aug. 3, 2001; 68
FR 2909, Jan. 22, 2003]

Sec. 52.1989 Interstate Transport for the 1997 8-hour ozone NAAQS
and 1997 PM2.5 NAAQS.

(a) On June 23, 2010 and December 22, 2010, the Oregon Department of
Environmental Quality submitted a SIP revision, adopted by the Oregon
Environmental Quality Commission on April 30, 2010, to meet the
requirements of Clean Air Act section 110(a)(2)(D)(i). EPA approves the
portion of this submittal relating to significant contribution to
nonattainment of the NAAQS in any other state and interference with
maintenance of the NAAQS by any other state. EPA also approves the
portion of the submittal addressing the requirement in Clean Air Act
section 110(a)(2)(D)(i)(II) that a state not interfere with any other
state's required measures to prevent significant deterioration (PSD) of
its air quality (the third PSD element).
(b) On December 20, 2010, the Oregon Department of Environmental
Quality submitted a Regional Haze SIP revision, adopted by the Oregon
Environmental Quality Commission on December 9, 2010. EPA approves the
portion of this submittal relating to section 110(a)(2)(D)(i)(II) as it
applies to visibility for the 1997 8-hour ozone NAAQS and 1997
PM2.5 NAAQS. The SIP revision also meets the requirements of
Clean Air Act section 169A and 40 CFR 51.308(e) regarding Best Available
Retrofit Technology and the requirements of 40 CFR 51.308(d)(2) and
(d)(4)(v) regarding the calculation of baseline and natural conditions
for the Mt. Hood Wilderness Area, Mt. Jefferson Wilderness Area, Mt
Washington Wilderness Area, Kalmiopsis Wilderness Area, Mountain Lakes
Wilderness Area, Gearhart Mountain Wilderness Area, Crater Lake National
Park, Diamond Peak Wilderness Area, Three Sisters Wilderness Area,
Strawberry Mountain Wilderness Area, Eagle Cap Wilderness Area, and
Hells Canyon Wilderness Area, and the statewide inventory of 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]

[[Page 853]]

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 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.
(f) The EPA approves Oregon's December 27, 2013, submission as
meeting the following CAA section 110(a)(2) infrastructure elements for
the 2010 nitrogen dioxide and 2010 sulfur dioxide NAAQS: (A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
(g) The EPA approves Oregon's October 20, 2015, submission as
meeting the following CAA section 110(a)(2) infrastructure elements for
the 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).

[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; 83 FR 24036, May 24, 2018]

Sec. Sec. 52.1992-52.2019 [Reserved]

[[Page 855]]

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 857]]

Table of CFR Titles and Chapters

(Revised as of July 1, 2018)

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--599)
VI National Capital Planning Commission (Parts 600--699)

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 Department of Housing and Urban Development (Parts
2400--2499)
XXV National Science Foundation (Parts 2500--2599)
XXVI National Archives and Records Administration (Parts
2600--2699)

[[Page 858]]

XXVII Small Business Administration (Parts 2700--2799)
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)

[[Page 859]]

XXVIII Department of Justice (Parts 3800--3899)
XXIX Federal Communications Commission (Parts 3900--3999)
XXX Farm Credit System Insurance Corporation (Parts 4000--
4099)
XXXI Farm Credit Administration (Parts 4100--4199)
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)

[[Page 860]]

LXXIV Federal Mine Safety and Health Review Commission
(Parts 8400--8499)
LXXVI Federal Retirement Thrift Investment Board (Parts
8600--8699)
LXXVII Office of Management and Budget (Parts 8700--8799)
LXXX Federal Housing Finance Agency (Parts 9000--9099)
LXXXIII Special Inspector General for Afghanistan
Reconstruction (Parts 9300--9399)
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 (Parts 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)

[[Page 861]]

X Agricultural Marketing Service (Marketing Agreements
and Orders; Milk), Department of Agriculture
(Parts 1000--1199)
XI Agricultural Marketing Service (Marketing Agreements
and Orders; Miscellaneous Commodities), Department
of Agriculture (Parts 1200--1299)
XIV Commodity Credit Corporation, Department of
Agriculture (Parts 1400--1499)
XV Foreign Agricultural Service, Department of
Agriculture (Parts 1500--1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts
1600--1699)
XVII Rural Utilities Service, Department of Agriculture
(Parts 1700--1799)
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)

[[Page 862]]

Title 8--Aliens and Nationality

I Department of Homeland Security (Immigration and
Naturalization) (Parts 1--499)
V Executive Office for Immigration Review, Department of
Justice (Parts 1000--1399)

Title 9--Animals and Animal Products

I Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 1--199)
II Grain Inspection, Packers and Stockyards
Administration (Packers and Stockyards Programs),
Department of Agriculture (Parts 200--299)
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)

[[Page 863]]

XIII Financial Stability Oversight Council (Parts 1300--
1399)
XIV Farm Credit System Insurance Corporation (Parts 1400--
1499)
XV Department of the Treasury (Parts 1500--1599)
XVI Office of Financial Research (Parts 1600--1699)
XVII Office of Federal Housing Enterprise Oversight,
Department of Housing and Urban Development (Parts
1700--1799)
XVIII Community Development Financial Institutions Fund,
Department of the Treasury (Parts 1800--1899)

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)

[[Page 864]]

XI National Technical Information Service, Department of
Commerce (Parts 1100--1199)
XIII East-West Foreign Trade Board (Parts 1300--1399)
XIV Minority Business Development Agency (Parts 1400--
1499)
Subtitle C--Regulations Relating to Foreign Trade
Agreements
XX Office of the United States Trade Representative
(Parts 2000--2099)
Subtitle D--Regulations Relating to Telecommunications
and Information
XXIII National Telecommunications and Information
Administration, Department of Commerce (Parts
2300--2399) [Reserved]

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) [Reserved]

Title 20--Employees' Benefits

I Office of Workers' Compensation Programs, Department
of Labor (Parts 1--199)
II Railroad Retirement Board (Parts 200--399)

[[Page 865]]

III Social Security Administration (Parts 400--499)
IV Employees' Compensation Appeals Board, Department of
Labor (Parts 500--599)
V Employment and Training Administration, Department of
Labor (Parts 600--699)
VI Office of Workers' Compensation Programs, Department
of Labor (Parts 700--799)
VII Benefits Review Board, Department of Labor (Parts
800--899)
VIII Joint Board for the Enrollment of Actuaries (Parts
900--999)
IX Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 1000--1099)

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)

[[Page 866]]

II National Highway Traffic Safety Administration and
Federal Highway Administration, Department of
Transportation (Parts 1200--1299)
III National Highway Traffic Safety Administration,
Department of Transportation (Parts 1300--1399)

Title 24--Housing and Urban Development

Subtitle A--Office of the Secretary, Department of
Housing and Urban Development (Parts 0--99)
Subtitle B--Regulations Relating to Housing and Urban
Development
I Office of Assistant Secretary for Equal Opportunity,
Department of Housing and Urban Development (Parts
100--199)
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)

[[Page 867]]

XXIV Board of Directors of the HOPE for Homeowners Program
(Parts 4000--4099) [Reserved]
XXV Neighborhood Reinvestment Corporation (Parts 4100--
4199)

Title 25--Indians

I Bureau of Indian Affairs, Department of the Interior
(Parts 1--299)
II Indian Arts and Crafts Board, Department of the
Interior (Parts 300--399)
III National Indian Gaming Commission, Department of the
Interior (Parts 500--599)
IV Office of Navajo and Hopi Indian Relocation (Parts
700--899)
V Bureau of Indian Affairs, Department of the Interior,
and Indian Health Service, Department of Health
and Human Services (Parts 900--999)
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)

[[Page 868]]

Title 29--Labor

Subtitle A--Office of the Secretary of Labor (Parts
0--99)
Subtitle B--Regulations Relating to Labor
I National Labor Relations Board (Parts 100--199)
II Office of Labor-Management Standards, Department of
Labor (Parts 200--299)
III National Railroad Adjustment Board (Parts 300--399)
IV Office of Labor-Management Standards, Department of
Labor (Parts 400--499)
V Wage and Hour Division, Department of Labor (Parts
500--899)
IX Construction Industry Collective Bargaining Commission
(Parts 900--999)
X National Mediation Board (Parts 1200--1299)
XII Federal Mediation and Conciliation Service (Parts
1400--1499)
XIV Equal Employment Opportunity Commission (Parts 1600--
1699)
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)

[[Page 869]]

VI Bureau of Engraving and Printing, Department of the
Treasury (Parts 600--699)
VII Federal Law Enforcement Training Center, Department of
the Treasury (Parts 700--799)
VIII Office of Investment Security, 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, Department
of Defense (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)

[[Page 870]]

II Office of Elementary and Secondary Education,
Department of Education (Parts 200--299)
III Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300--399)
IV Office of 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 (Parts 1100--1199) [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 National Institute of Standards and Technology,
Department of Commerce (Parts 400--599)

[[Page 871]]

Title 38--Pensions, Bonuses, and Veterans' Relief

I Department of Veterans Affairs (Parts 0--199)
II Armed Forces Retirement Home (Parts 200--299)

Title 39--Postal Service

I United States Postal Service (Parts 1--999)
III Postal Regulatory Commission (Parts 3000--3099)

Title 40--Protection of Environment

I Environmental Protection Agency (Parts 1--1099)
IV Environmental Protection Agency and Department of
Justice (Parts 1400--1499)
V Council on Environmental Quality (Parts 1500--1599)
VI Chemical Safety and Hazard Investigation Board (Parts
1600--1699)
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]

[[Page 872]]

Subtitle E--Federal Information Resources Management
Regulations System [Reserved]
Subtitle F--Federal Travel Regulation System
300 General (Parts 300-1--300-99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301-1--
301-99)
302 Relocation Allowances (Parts 302-1--302-99)
303 Payment of Expenses Connected with the Death of
Certain Employees (Part 303-1--303-99)
304 Payment of Travel Expenses from a Non-Federal Source
(Parts 304-1--304-99)

Title 42--Public Health

I Public Health Service, Department of Health and Human
Services (Parts 1--199)
II--III [Reserved]
IV Centers for Medicare & Medicaid Services, Department
of Health and Human Services (Parts 400--699)
V Office of Inspector General-Health Care, Department of
Health and Human Services (Parts 1000--1099)

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)

[[Page 873]]

III Office of Child Support Enforcement (Child Support
Enforcement Program), Administration for Children
and Families, Department of Health and Human
Services (Parts 300--399)
IV Office of Refugee Resettlement, Administration for
Children and Families, Department of Health and
Human Services (Parts 400--499)
V Foreign Claims Settlement Commission of the United
States, Department of Justice (Parts 500--599)
VI National Science Foundation (Parts 600--699)
VII Commission on Civil Rights (Parts 700--799)
VIII Office of Personnel Management (Parts 800--899)
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 of Fine Arts (Parts 2100--2199)
XXIII Arctic Research Commission (Parts 2300--2399)
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)

[[Page 874]]

IV National Telecommunications and Information
Administration, Department of Commerce, and
National Highway Traffic Safety Administration,
Department of Transportation (Parts 400--499)
V The First Responder Network Authority (Parts 500--599)

Title 48--Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1--99)
2 Defense Acquisition Regulations System, Department of
Defense (Parts 200--299)
3 Department of 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]

[[Page 875]]

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)
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)

[[Page 876]]

VI Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 600--699)

[[Page 877]]

Alphabetical List of Agencies Appearing in the CFR

(Revised as of July 1, 2018)

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 878]]

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, XI; 37, IV
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric 15, IX; 50, II, III, IV,
Administration VI
National Technical Information Service 15, XI
National Telecommunications and Information 15, XXIII; 47, III, IV
Administration
National Weather Service 15, IX
Patent and Trademark Office, United States 37, I
Secretary of Commerce, Office of 15, Subtitle A
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
Defense Department 2, XI; 5, XXVI; 32,
Subtitle A; 40, VII
Advanced Research Projects Agency 32, I

[[Page 879]]

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
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
National Drug Control Policy, Office of 2, XXXVI; 21, III
National Security Council 32, XXI; 47, 2
Presidential Documents 3

[[Page 880]]

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 of 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
Forest Service 36, II
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61

[[Page 881]]

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
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II

[[Page 882]]

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
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office 41, 60
of
Federal Procurement Regulations System 41, 50

[[Page 883]]

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, VI
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; 37, IV
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
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 2, XXV; 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25

[[Page 884]]

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, V
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
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
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

[[Page 885]]

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
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
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
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

[[Page 886]]

World Agricultural Outlook Board 7, XXXVIII

[[Page 887]]

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, 2013 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.

2013

40 CFR
78 FR
Page
Chapter I
52.1070 (c) table amended................5291, 9595, 13498, 59242, 73444
(d) table amended........................................9317, 34911
(c) table amended; eff. 7-11-13................................34914
52.1072 Removed; eff. 8-5-13.......................................33984
52.1073 (b), (c) and (d) removed; eff. 8-5-13......................33984
52.1074 Removed; eff. 8-5-13.......................................33984
52.1077 Removed; eff. 8-5-13.......................................33984
52.1078 Removed; eff. 8-5-13.......................................33984
52.1079 Removed; eff. 8-5-13.......................................33984
52.1100 Revised; eff. 8-5-13.......................................33984
52.1118 Removed; eff. 8-5-13.......................................33984
52.1120 (c)(137) added..............................................5301
(c)(138) added.................................................54961
(c)(139) added.................................................57493
52.1129 (j) added..................................................54961
52.1167 Table amended.................................5302, 54962, 57494
52.1170 (e) table amended..........................................53274
(c) table amended..............................................76066
52.1173 (j) and (k) added..........................................53274
52.1183 (k) through (n) added.......................................8733
(o) added......................................................59839
52.1220 (d) table amended...........................................6735
Regulation at 78 FR 6735 withdrawn.............................18241
(d) table amended..............................................28503
52.1235 Added.......................................................8738
52.1236 (d) added..................................................59839
52.1270 (c) and (e) amended........................................20795
(e) table amended.......................................21845, 67955
52.1278 Designated as (a); (b) added...............................20796
52.1320 (c) table amended........5304, 11759, 19604, 53249, 57269, 69997
(c) table and (e) table amended; eff. 7-22-13..................37461
(b)(3) revised.................................................37976
52.1370 (c)(73) added..............................................69299
52.1393 Heading revised; section designated (a); (b) added.........45871
52.1394 Section designated as (a); (b) added.......................45866
52.1420 (b)(3) revised.............................................37976
52.1470 (e) table amended...........................................1152
52.1488 (f)(3) revised.............................................53037
52.1520 (c) table and (e) table amended.............................5302
52.1520 (c) table amended..........................................71507
52.1534 (i) added...................................................6743
52.1574 Removed; eff. 7-15-13......................................35765
52.1575 Removed; eff. 7-15-13......................................35765
52.1582 (o) added...................................................9597
52.1586 Added; eff. 7-15-13........................................35765
52.1602 (e) added....................................................885
(f), (g) and (h) added.........................................54398
52.1620 (e) table amended....................................4338, 40967
(c) table amended.........................................4341,75254
(c) table and (e) table amended................................15298
Table corrected.................................................9828
52.1670 (e) table amended...........................................9597
Heading,(c) table and (e) table amended; eff. 7-22-13..........37124
(c) table amended..............................................41849

[[Page 888]]

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
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

[[Page 889]]

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

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

[[Page 890]]

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
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

[[Page 891]]

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
52.1420 (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..................................................64072
52.1620 (e) table amended..............................7977, 7981, 12599
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

40 CFR
82 FR
Page
Chapter I
52 Actions on petitions...............................................22
State implementation plan determinations..................7695, 9158

[[Page 892]]

National ambient air quality standards.........................24859
State implementation plan determinations; interim..............25203
52.1020 (e) table amended...................................17126, 43701
(c) table amended................................20259, 33013, 42235
(d) table amended.......................................21311, 33016
(c) table and (e) table amended................................32482
52.1033 (a) and (c) removed.........................................3129
52.1070 (c) table correctly revised................................22291
(c) table amended.........................21213, 24548, 32644, 40711
(b) revised; (c) and (d) amended...............................24551
(c) table and (e) table amended................................35105
(e) table amended.........................35453, 44524, 45478, 46000
(d) table amended..............................................40717
Regulation at 82 FR 40717 withdrawn............................54301
Regulation at 82 FR 44524 withdrawn............................54299
Regulations at 82 FR 45478 and 46000 withdrawn.................55511
52.1075 (q) added..................................................44524
(r) added......................................................46000
Regulation at 82 FR 46000 withdrawn............................55511
52.1082 (j) added..................................................50820
(k) added......................................................52655
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
(e) table amended..............................................48439
Regulation at 82 FR 48439 withdrawn............................57835
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
(c) table amended..............................................44735
(e) table amended.......................................48430, 58117
(c) table and (e) table amended................................50809
Regulation at 82 FR 48430 withdrawn............................57848
52.1234 Revised....................................................44736
52.1236 (b) revised; (c) removed....................................3129
52.1270 (c) amended................................................37019
52.1320 (c) table amended..........................................15300
(c) table correctly amended; eff. 7-31-17......................29426
(e)(65) added..................................................46674
(e) table amended.......................................46681, 47155
(e)(72) and (73) added.........................................47149
Regulation at 82 FR 46674 withdrawn............................56172
Regulation at 82 FR 47155 withdrawn............................57848
Regulation at 82 FR 47149 withdrawn............................57853
52.1339 (b) removed.................................................3129
52.1343 Added......................................................42947
52.1370 (c) table amended; eff. 8-29-17............................24855
52.1373 (d) revised................................................43184
52.1387 (b) removed.................................................3129
52.1396 (a), (c)(2), (d), (f) heading, (1), (2) introductory text,
and (ii) revised; (c)(3), (e)(5), (j), and (k) removed.....42745
52.1420 (e) table amended..........................................43850
(c) table amended.......................................46416, 46422
Regulation at 82 FR 43850 withdrawn............................54299
Regulation at 82 FR 46416 withdrawn............................55952
Regulation at 82 FR 46422 withdrawn............................56173
52.1470 (e) table amended.............................9165, 13242, 37024
(e) table amended; eff. 7-7-17.................................26354
(c) table 3 and table 7 amended; eff 7-17-17...................27624
(e) table correctly amended....................................42041
52.1472 (h) revised.................................................9166
52.1488 (b) revised; (c) removed....................................3129
(g) added......................................................37025
(d) removed....................................................48770
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
(c) table amended..............................................42040
Regulation at 82 FR 42040 withdrawn............................51350
(c) table and (d) table amended................................52666
52.1531 (b) revised; (c) removed....................................3129
52.1570 redesignated as 52.1587; heading and (a) revised...........30760
New section added..............................................30760
(d) table amended..............................................37310

[[Page 893]]

(e) table amended.......................................44101, 45473
52.1576 (d) added..................................................50820
52.1587 Redesignated from 52.1570..................................30760
52.1605 Removed....................................................30767
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
(e) table amended..............................................58348
52.1670 Regulation at 81 FR 95049 eff. date delayed to 3-21-17......8499
(e) table amended.......................................45500, 58346
(d) table amended..............................................57129
(c) table amended..............................................57366
52.1683 (b)(2), (3), and (p) added.................................58346
52.1686 (a) revised; (c)(1) table amended..........................57130
52.1770 (e) table amended...................................16925, 46136
(c) table amended.......................................17145, 39029
(c) table 1 amended; eff. 7-11-17..............................22088
(c) table 1 amended..............................32770, 38840, 45474
Regulation at 82 FR 38840 withdrawn............................47630
Regulation at 82 FR 39029 withdrawn............................47635
52.1778 (c) revised................................................32645
52.1820 (c) table amended..........................................46920
52.1833 (f) added..................................................46682
52.1870 (c) table amended............................16934, 31921, 42453
(e) table amended; eff. 7-31-17................................24877
(e) table amended.......................................48448, 60545
Regulation at 82 FR 48448 withdrawn............................57854
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
(f), (g), and (h) added........................................48448
Regulation at 82 FR 48448 withdrawn............................57854
52.1920 (c) table revised..........................................22284
(e) table amended; eff. 7-14-17................................27122
52.1970 (c) table 2 revised; table 5 added; (e) table amended......47126
52.1987 (a) revised................................................47145

2018

(Regulations published from January 1, 2018, through July 1, 2018)

40 CFR
83 FR
Page
Chapter I
52.1019 (c), (d), and (e) added; eff. 7-18-18......................28160
52.1020 (c) table and (e) table amended; eff. 7-18-18..............28160
52.1070 (e) table amended.....................................3986, 8755
(c) table amended..............................................13195
(d) table amended..............................................22206
52.1120 Redesignated as 52.1166; new 52.1120 added..................3967
(c) table amended...............................................9439
52.1166 Redesignated from 52.1120; heading and (a) revised..........3967
52.1170 (e) table amended; eff. 7-2-18.............................25377
(c) table amended; eff. 7-30-18................................30572
52.1220 (e) table amended; eff. 7-30-18............................30352
52.1320 (e) table amended..........................................12500
(c) table amended..............................................15074
52.1370 (d) table amended..........................................13198
(c) table amended; eff. 7-26-18................................29695
52.1373 (d) revised.................................................4598
52.1420 (e) table amended..........................................14182
Heading revised; (c) table amended.............................14765
(c) table amended; eff. 7-30-18................................30355
52.1470 (c) table 7 amended..........................................984
52.1520 Regulation at 82 FR 52666 withdrawn.........................1303
(c) table amended...............................................6975
(c) table and (d) table amended................................13671
(d) table and (e) table amended; eff. 7-5-18...................25935
52.1570 (c) table amended..........................................21176
(c) table and (e) table amended................................24663
52.1579 Removed....................................................24663
52.1586 (a)(1) revised; (a)(3) removed; (b)(1) amended.............24663
52.1620 (e) tables amended.........................................12495
52.1670 Corrected.....................................................33
(d) table amended...............................................6972
52.1686 Removed.....................................................6972
52.1770 (c) table 1 amended.........................................1195
52.1870 (e) table amended.............................4846, 10799, 21721
52.1886 Removed....................................................21722
52.1893 (f), (g), and (h) added....................................10799
52.1970 (c) table and (e) table amended.............................5539
(e) table amended..............................................22854

[[Page 894]]

(c) table 2 amended............................................24036
52.1991 (f) and (g) added..........................................24036

[all]