[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2019 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Part 52 (Sec. Sec. 52.01 to 52.1018)
Revised as of July 1, 2019
Containing a codification of documents of general
applicability and future effect
As of July 1, 2019
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........................ 1261
Alphabetical List of Agencies Appearing in the CFR...... 1281
List of CFR Sections Affected........................... 1291
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 52.01 refers
to title 40, part 52,
section 01.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
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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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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PAST PROVISIONS OF THE CODE
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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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the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
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(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
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alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
An index to the text of ``Title 3--The President'' is carried within
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INQUIRIES
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Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2019
[[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, 2019.
Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec. 9.1 of
this chapter.
Chapters IV-VIII--Regulations issued by the Environmental Protection
Agency and Department of Justice, Council on Environmental Quality,
Chemical Safety and Hazard Investigation Board, Environmental Protection
Agency and Department of Defense; Uniform National Discharge Standards
for Vessels of the Armed Forces, and the Gulf Coast Ecosystem
Restoration Council appear in volume thirty seven.
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. 52.01 to 52.1018)
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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 69 FR
18803, Apr. 9, 2004.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
52 Approval and promulgation of implementation
plans................................... 5
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 52_APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS--Table of Contents
Subpart A_General Provisions
Sec.
52.01 Definitions.
52.02 Introduction.
52.04 Classification of regions.
52.05 Public availability of emission data.
52.06 Legal authority.
52.07 Control strategies.
52.08 Rules and regulations.
52.09 Compliance schedules.
52.10 Review of new sources and modifications.
52.11 Prevention of air pollution emergency episodes.
52.12 Source surveillance.
52.13 Air quality surveillance; resources; intergovernmental
cooperation.
52.14 State ambient air quality standards.
52.15 Public availability of plans.
52.16 Submission to Administrator.
52.17 Severability of provisions.
52.18 Abbreviations.
52.20 Attainment dates for national standards.
52.21 Prevention of significant deterioration of air quality.
52.23 Violation and enforcement.
52.24 Statutory restriction on new sources.
52.26 [Reserved]
52.27 Protection of visibility from sources in attainment areas.
52.28 Protection of visibility from sources in nonattainment areas.
52.29 [Reserved]
52.30 Criteria for limiting application of sanctions under section
110(m) of the Clean Air Act on a statewide basis.
52.31 Selection of sequence of mandatory sanctions for findings made
pursuant to section 179 of the Clean Air Act.
52.32 Sanctions following findings of SIP inadequacy.
52.33 Compliance certifications.
52.34 Action on petitions submitted under section 126 relating to
emissions of nitrogen oxides.
52.35 What are the requirements of the Federal Implementation Plans
(FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of nitrogen oxides?
52.36 What are the requirements of the Federal Implementation Plans
(FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of sulfur dioxide?
52.37 [Reserved]
52.38 What are the requirements of the Federal Implementation Plans
(FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating
to emissions of nitrogen oxides?
52.39 What are the requirements of the Federal Implementation Plans
(FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating
to emissions of sulfur dioxide?
Subpart B_Alabama
52.50 Identification of plan.
52.51 Classification of regions.
52.53 Approval status.
52.54 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.55 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.56 [Reserved]
52.57 Control strategy: Sulfur oxides.
52.58 Control strategy: Lead.
52.60 Significant deterioration of air quality.
52.61 [Reserved]
52.62 Control strategy: Sulfur oxides and particulate matter.
52.63 PM10 State Implementation Plan development in group II
areas.
52.64 Determination of attainment.
52.65 Control strategy: Nitrogen oxides.
52.66 [Reserved]
52.69 Original identification of plan section.
Subpart C_Alaska
52.70 Identification of plan.
52.71 Classification of regions.
52.72 Approval status.
52.73 Approval of plans.
52.74 Original identification of plan section.
52.75 [Reserved]
52.76 1990 Base Year Emission Inventory.
52.77-52.81 [Reserved]
52.82 Extensions.
52.83-52.95 [Reserved]
52.96 Significant deterioration of air quality.
52.97-52.98 [Reserved]
Subpart D_Arizona
52.119 Identification of plan--conditional approvals.
52.120 Identification of plan.
52.121 Classification of regions.
52.122 Negative declarations.
52.123 Approval status.
52.124 Part D disapproval.
52.125 Control strategy and regulations: Sulfur oxides.
52.126 Control strategy and regulations: Particulate matter.
[[Page 6]]
52.127 Commitment to promulgate and implement reasonably available
control measures for the agricultural fields and aprons.
52.128 Rule for unpaved parking lots, unpaved roads and vacant lots.
52.129 Review of new sources and modifications.
52.130 Source surveillance.
52.131 Control Strategy and regulations: Fine Particle Matter.
52.132 [Reserved]
52.133 Rules and regulations.
52.134 Compliance schedules.
52.135 Resources.
52.136 Control strategy for ozone: Oxides of nitrogen.
52.137 [Reserved]
52.138 Conformity procedures.
52.139 [Reserved]
52.140 Monitoring transportation trends.
52.141 [Reserved]
52.142 Federal Implementation Plan for Tri-Cities landfill, Salt River
Pima-Maricopa Indian Community.
52.143 [Reserved]
52.144 Significant deterioration of air quality.
52.145 Visibility protection.
52.146 Particulate matter (PM-10) Group II SIP commitments.
52.147 Interstate transport.
52.150 Yavapai-Apache Reservation.
52.151 Operating permits.
52.152 Original identification of plan.
Subpart E_Arkansas
52.170 Identification of plan.
52.171 Classification of regions.
52.172 Approval status.
52.173 Visibility protection.
52.174 Control strategy and regulations: Ozone.
52.175-52.180 [Reserved]
52.181 Significant deterioration of air quality.
52.183 Small business assistance program.
52.184 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.200 Original identification of plan section.
Subpart F_California
52.220 Identification of plan--in part.
52.220a Identification of plan--in part.
52.221 Classifications of regions.
52.222 Negative declarations.
52.223 Approval status.
52.224 General requirements.
52.225 Legal authority.
52.226 Control strategy and regulations: Particulate matter, San Joaquin
Valley and Mountain Counties Intrastate Regions.
52.227 Control strategy and regulations: Particulate matter,
Metropolitan Los Angeles Intrastate Region.
52.228 Regulations: Particulate matter, Southeast Desert Intrastate
Region.
52.229 Control strategy and regulations: Photochemical oxidants
(hydrocarbons), Metropolitan Los Angeles Intrastate Region.
52.230 Control strategy and regulations: Nitrogen dioxide.
52.231 Regulations: Sulfur oxides.
52.232 Part D conditional approval.
52.233 Review of new sources and modifications.
52.234 Source surveillance.
52.235 Control strategy for ozone: Oxides of nitrogen.
52.236 Rules and regulations.
52.237 Part D disapproval.
52.238 Commitment to undertake rulemaking.
52.239 Alternate compliance plans.
52.240 Compliance schedules.
52.241 Inspection and maintenance program.
52.242 Disapproved rules and regulations.
52.243 Interim approval of the Carbon Monoxide plan for the South Coast.
52.244 Motor vehicle emissions budgets.
52.245 New Source Review rules.
52.246 Control of dry cleaning solvent vapor losses.
52.247 Control Strategy and regulations: Fine Particle Matter.
52.248 Identification of plan--conditional approval.
52.249-52.251 [Reserved]
52.252 Control of degreasing operations.
52.253 Metal surface coating thinner and reducer.
52.254 Organic solvent usage.
52.255 Gasoline transfer vapor control.
52.256 Control of evaporative losses from the filling of vehicular
tanks.
52.257-52.262 [Reserved]
52.263 Priority treatment for buses and carpools--Los Angeles Region.
52.264-52.268 [Reserved]
52.269 Control strategy and regulations: Photochemical oxidants
(hydrocarbons) and carbon monoxide.
52.270 Significant deterioration of air quality.
52.271 Malfunction, startup, and shutdown regulations.
52.272 Research operations exemptions.
52.273 Open burning.
52.274 California air pollution emergency plan.
52.275 Particulate matter control.
52.276 Sulfur content of fuels.
52.277 Oxides of nitrogen, combustion gas concentration limitations.
52.278 Oxides of nitrogen control.
52.279 Food processing facilities.
52.280 Fuel burning equipment.
52.281 Visibility protection.
[[Page 7]]
52.282 Control strategy and regulations: Ozone.
52.283 Interstate Transport.
Subpart G_Colorado
52.320 Identification of plan.
52.321 Classification of regions.
52.322 Extensions.
52.323 Approval status.
52.324 Legal authority.
52.325 [Reserved]
52.326 Area-wide nitrogen oxides (NOX) exemptions.
52.327-52.328 [Reserved]
52.329 Rules and regulations.
52.330 Control strategy: Total suspended particulates.
52.331 Committal SIP for the Colorado Group II PM10 areas.
52.332 Control strategy: Particulate matter.
52.333-52.342 [Reserved]
52.343 Significant deterioration of air quality.
52.344 Visibility protection.
52.345 Stack height regulations.
52.346 Air quality monitoring requirements.
52.347 [Reserved]
52.348 Emission inventories.
52.349 Control strategy: Carbon monoxide.
52.350 Control strategy: Ozone.
52.351 United States Postal Service substitute Clean Fuel Fleet Program.
52.352 Interstate transport.
52.353 Section 110(a)(2) infrastructure requirements.
52.354 Original identification of plan.
Subpart H_Connecticut
52.369 [Reserved]
52.370 Identification of plan.
52.371 Classification of regions.
52.372 Extensions.
52.373 Approval status.
52.374 Attainment dates for national standards.
52.375 Certification of no sources.
52.376 Control strategy: Carbon monoxide.
52.377 Control strategy: Ozone.
52.378 Control strategy: PM10
52.379 Control strategy: PM2.5.
52.380 Rules and regulations.
52.381 Requirements for State implementation plan revisions relating to
new motor vehicles.
52.382 Significant deterioration of air quality.
52.383 Stack height review.
52.384 Emission inventories.
52.385 EPA-approved Connecticut regulations.
52.386 Section 110(a)(2) infrastructure requirements.
52.387 Interstate Transport for the 1997 8-hour ozone and
PM2.5 NAAQS.
Subpart I_Delaware
52.420 Identification of plan.
52.421 Classification of regions.
52.422 Approval status.
52.423 Base year emissions inventory.
52.424 Conditional approval.
52.425 Determinations of attainment.
52.426 Control Strategy plans for attainment and rate-of-progress:
ozone.
52.427 Control strategy: Particulate matter.
52.428-52.429 [Reserved]
52.430 Photochemical assessment monitoring stations (PAMS) program.
52.431 [Reserved]
52.432 Significant deterioration of air quality.
52.433 Nonattainment new source review.
52.440 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.441 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.460 Small business stationary source technical and environmental
compliance assistance program.
52.465 Original identification of plan section.
Subpart J_District of Columbia
52.470 Identification of plan.
52.471 Classification of regions.
52.472 Approval status.
52.473 [Reserved]
52.474 Base Year Emissions Inventory.
52.475 Determinations of attainment.
52.476 Control strategy: ozone.
52.477 Control strategy: Particular matter.
52.478 Rules and Regulations.
52.479 [Reserved]
52.480 Photochemical assessment monitoring stations (PAMS) program.
52.481-52.483 [Reserved]
52.484 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.485 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.486-52.498 [Reserved]
52.499 Significant deterioration of air quality.
52.510 Small business assistance program.
52.515 Original identification of plan section.
Subpart K_Florida
52.519 [Reserved]
52.520 Identification of plan.
52.521 Classification of regions.
52.522 Approval status.
52.523 Control strategy: Ozone.
[[Page 8]]
52.524 Compliance schedule.
52.525 General requirements.
52.526 Legal authority.
52.527 [Reserved]
52.528 Control strategy: Sulfur oxides and particulate matter.
52.529 [Reserved]
52.530 Significant deterioration of air quality.
52.532 [Reserved]
52.533 Source surveillance.
52.534 Visibility protection.
52.536 Original identification of plan section.
52.540 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
Subpart L_Georgia
52.569 [Reserved]
52.570 Identification of plan.
52.571 Classification of regions.
52.572 Approval status.
52.573 Control strategy: General.
52.574-52.575 [Reserved]
52.576 Compliance schedules.
52.577 Determination of attainment.
52.578 Control strategy: Sulfur oxides and particulate matter.
52.579 Economic feasibility considerations.
52.580 [Reserved] protection.
52.581 Significant deterioration of air quality.
52.582 Control strategy: Ozone.
52.583 Additional rules and regulations.
52.584 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.585 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.590 Original identification of plan section.
Subpart M_Hawaii
52.620 Identification of plan.
52.621 Classification of regions.
52.622 Original identification of plan.
52.623 Approval status.
52.624 General requirements.
52.625 Legal authority.
52.626 Compliance schedules.
52.627-52.631 [Reserved]
52.632 Significant deterioration of air quality.
52.633 Visibility protection.
52.634 Particulate matter (PM-10) Group III SIP.
Subpart N_Idaho
52.670 Identification of plan.
52.671 Classification of regions.
52.672 Approval of plans.
52.673 Approval status.
52.674 [Reserved]
52.675 Control strategy: Sulfur oxides--Eastern Idaho Intrastate Air
Quality Control Region.
52.676 [Reserved]
52.677 Original identification of plan section.
52.678-52.680 [Reserved]
52.681 Permits to construct and tier II operating permits.
52.682 [Reserved]
52.683 Significant deterioration of air quality.
52.684-52.689 [Reserved]
52.690 Visibility protection.
52.691 Extensions.
Subpart O_Illinois
52.719 [Reserved]
52.720 Identification of plan.
52.721 Classification of regions.
52.722 Approval status.
52.723 [Reserved]
52.724 Control strategy: Sulfur dioxide.
52.725 Control strategy: Particulates.
52.726 Control strategy: Ozone.
52.727 [Reserved]
52.728 Control strategy: Nitrogen dioxide. [Reserved]
52.729 [Reserved]
52.730 Compliance schedules.
52.731 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.732 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.733-52.735 [Reserved]
52.736 Review of new sources and modifications.
52.737 Operating permits.
52.738 Significant deterioration of air quality.
52.739 Permit fees.
52.740 Interstate pollution.
52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane,
Lake, McHenry and Will Counties.
52.742 Incorporation by reference.
52.743 Continuous monitoring.
52.744 Small business stationary source technical and environmental
compliance assistance program.
52.745-52.746 [Reserved]
52.750 Original identification of plan section.
Subpart P_Indiana
52.769 Identification of plan--conditional approval.
52.770 Identification of plan.
52.771 Classification of regions.
52.772 [Reserved]
[[Page 9]]
52.773 Approval status.
52.774 Determination of attainment.
52.775 Legal authority.
52.776 Control strategy: Particulate matter.
52.777 Control strategy: Photochemical oxidants (hydrocarbons).
52.778 Compliance schedules.
52.779 [Reserved]
52.780 Review of new sources and modifications.
52.781 Rules and regulations.
52.782 Request for 18-month extension.
52.783 [Reserved]
52.784 Transportation and land use controls.
52.785 Control strategy: Carbon monoxide.
52.786 Inspection and maintenance program.
52.787 Gasoline transfer vapor control.
52.788 Operating permits.
52.789 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.790 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.791 Visibility protection.
52.792 [Reserved]
52.793 Significant deterioration of air quality.
52.794 Source surveillance.
52.795 Control strategy: Sulfur dioxide.
52.796 Industrial continuous emission monitoring.
52.797 Control strategy: Lead.
52.798 Small business stationary source technical and environmental
compliance assistance program.
52.799 Transportation conformity.
52.800 Original identification of plan section.
Subpart Q_Iowa
52.820 Identification of plan.
52.821 Classification of regions.
52.822 Approval status.
52.823 PM10 State Implementation Plan Development in Group II
Areas.
52.824 Original identification of plan section.
52.825 Compliance schedules.
52.826-52.827 [Reserved]
52.828 Enforcement.
52.829-52.832 [Reserved]
52.833 Significant deterioration of air quality.
52.834 Control strategy: Sulfur dioxide.
52.840 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.841 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.842 Visibility protection.
Subpart R_Kansas
52.869 [Reserved]
52.870 Identification of plan.
52.871 Classification of regions.
52.872 Operating permits.
52.873 Approval status.
52.874 Legal authority.
52.875 Original identification of plan section.
52.876 Compliance schedules.
52.877-52.880 [Reserved]
52.881 PM10 State implementation plan development in group II
areas.
52.882 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.883 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.884 Significant deterioration of air quality.
Subpart S_Kentucky
52.919 [Reserved]
52.920 Identification of plan.
52.921 Classification of regions.
52.922 [Reserved]
52.923 Approval status.
52.924 Legal authority.
52.925 General requirements.
52.926 Attainment dates for national standards.
52.927 Compliance schedule.
52.928 Control strategy: Sulphur oxides.
52.929 Determination of attainment.
52.930 Control strategy: Ozone.
52.931 Significant deterioration of air quality.
52.932 Rules and regulations.
52.933 Control strategy: Sulfur oxides and particulate matter.
52.934 [Reserved]
52.935 PM10 State implementation plan development in group II
areas.
52.936 [Reserved]
52.937 Review of new sources and modifications.
52.938 General conformity.
52.939 Original identification of plan section.
52.940 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.941 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
Subpart T_Louisiana
52.970 Identification of plan.
52.971 Classification of regions.
52.972-52.974 [Reserved]
52.975 Redesignations and maintenance plans; ozone.
[[Page 10]]
52.976 Review of new sources and modification.
52.977 Control strategy and regulations: Ozone.
52.978-52.983 [Reserved]
52.984 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.985 Visibility protection.
52.986 Significant deterioration of air quality.
52.987 Control of hydrocarbon emissions.
52.988 [Reserved]
52.990 Stack height regulations
52.991 Small business assistance program.
52.992 Area-wide nitrogen oxides exemptions.
52.993 Emissions inventories.
52.994 [Reserved]
52.995 Enhanced ambient air quality monitoring.
52.996 Disapprovals.
52.999 Original Identification of plan section.
52.1000-52.1018 [Reserved]
Authority: 42 U.S.C. 7401 et seq.
Editorial Note: Nomenclature changes to part 52 appear at 81 FR
74586, Oct. 26, 2016.
Subpart A_General Provisions
Source: 37 FR 10846, May 31, 1972, unless otherwise noted.
Sec. 52.01 Definitions.
All terms used in this part but not defined herein shall have the
meaning given them in the Clean Air Act and in parts 51 and 60 of this
chapter.
(a) The term stationary source means any building, structure,
facility, or installation which emits or may emit an air pollutant for
which a national standard is in effect.
(b) The term commenced means that an owner or operator has
undertaken a continuous program of construction or modification.
(c) The term construction means fabrication, erection, or
installation.
(d) The phrases modification or modified source mean any physical
change in, or change in the method of operation of, a stationary source
which increases the emission rate of any pollutant for which a national
standard has been promulgated under part 50 of this chapter or which
results in the emission of any such pollutant not previously emitted,
except that:
(1) Routine maintenance, repair, and replacement shall not be
considered a physical change, and
(2) The following shall not be considered a change in the method of
operation:
(i) An increase in the production rate, if such increase does not
exceed the operating design capacity of the source;
(ii) An increase in the hours of operation;
(iii) Use of an alternative fuel or raw material, if prior to the
effective date of a paragraph in this part which imposes conditions on
or limits modifications, the source is designed to accommodate such
alternative use.
(e) The term startup means the setting in operation of a source for
any purpose.
(f) [Reserved]
(g) The term heat input means the total gross calorific value (where
gross calorific value is measured by ASTM Method D2015-66, D240-64, or
D1826-64) of all fuels burned.
(h) The term total rated capacity means the sum of the rated
capacities of all fuel-burning equipment connected to a common stack.
The rated capacity shall be the maximum guaranteed by the equipment
manufacturer or the maximum normally achieved during use, whichever is
greater.
[37 FR 19807, Sept. 22, 1972, as amended at 38 FR 12698, May 14, 1973;
39 FR 42514, Dec. 5, 1974; 43 FR 26410, June 19, 1978]
Sec. 52.02 Introduction.
(a) This part sets forth the Administrator's approval and
disapproval of State plans and the Administrator's promulgation of such
plans or portions thereof. Approval of a plan or any portion thereof is
based upon a determination by the Administrator that such plan or
portion meets the requirements of section 110 of the Act and the
provisions of part 51 of this chapter.
(b) Any plan or portion thereof promulgated by the Administrator
substitutes for a State plan or portion thereof disapproved by the
Administrator or not submitted by a State, or supplements a State plan
or portion thereof. The promulgated provisions, together with any
portions of a State plan approved by the Administrator,
[[Page 11]]
constitute the applicable plan for purposes of the Act.
(c) Where nonregulatory provisions of a plan are disapproved, the
disapproval is noted in this part and a detailed evaluation is provided
to the State, but no substitute provisions are promulgated by the
Administrator.
(d) All approved plans and plan revisions listed in subparts B
through DDD and FFF of this part and on file at the Office of the
Federal Register are approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Notice of amendments to the plans will be published in
the Federal Register. The plans and plan revisions are available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. In addition the plans
and plan revisions are available at the following locations:
(1) Office of Air and Radiation, Docket and Information Center (Air
Docket), EPA, 401 M St., SW., Room M1500, Washington, DC 20460.
(2) The appropriate EPA Regional Office as listed below:
(i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont. Environmental Protection Agency, Region 1, 5 Post Office
Square--Suite 100, Boston, MA 02109-3912.
(ii) New York, New Jersey, Puerto Rico, and Virgin Islands.
Environmental Protection Agency, Region 2, 290 Broadway, New York, NY
10007-1866.
(iii) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. Environmental Protection Agency, Region 3,
1650 Arch Street, Philadelphia, PA 19103-2029.
(iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. Environmental Protection
Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.
(v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, IL 60604-3507.
(vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Environmental Protection Agency, Region 6, Fountain Place, 1445 Ross
Avenue, Suite 1200, Dallas TX 75202-2733.
(vii) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection
Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219.
(viii) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, CO 80202-1129.
(ix) Arizona, California, Hawaii, Nevada, American Samoa,
Commonwealth of the Northern Mariana Islands, and Guam. Environmental
Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA
94105.
(x) Alaska, Idaho, Oregon, and Washington. Environmental Protection
Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.
(e) Each State's plan is dealt with in a separate subpart, which
includes an introductory section identifying the plan by name and the
date of its submittal, a section classifying regions, and a section
setting forth dates for attainment of the national standards. Additional
sections are included as necessary to specifically identify disapproved
provisions, to set forth reasons for disapproval, and to set forth
provisions of the plan promulgated by the Administrator. Except as
otherwise specified, all supplemental information submitted to the
Administrator with respect to any plan has been submitted by the
Governor of the State.
(f) Revisions to applicable plans will be included in this part when
approved or promulgated by the Administrator.
[37 FR 10846, May 31, 1972, as amended at 37 FR 15080, July 27, 1972; 47
FR 38886, Sept. 3, 1982; 61 FR 16060, Apr. 11, 1996; 72 FR 38793, July
16, 2007; 76 FR 49671, Aug. 11, 2011; 78 FR 37975, June 25, 2013; 79 FR
22035, Apr. 21, 2014]
Sec. 52.04 Classification of regions.
Each subpart sets forth the priority classification, by pollutant,
for each region in the State. Each plan for each region was evaluated
according to the requirements of part 51 of this chapter applicable to
regions of that priority.
[[Page 12]]
Sec. 52.05 Public availability of emission data.
Each subpart sets forth the Administrator's disapproval of plan
procedures for making emission data available to the public after
correlation with applicable emission limitations, and includes the
promulgation of requirements that sources report emission data to the
Administrator for correlation and public disclosure.
Sec. 52.06 Legal authority.
(a) The Administrator's determination of the absence or inadequacy
of legal authority required to be included in the plan is set forth in
each subpart. This includes the legal authority of local agencies and
State governmental agencies other than an air pollution control agency
if such other agencies are assigned responsibility for carrying out a
plan or portion thereof.
(b) No legal authority as such is promulgated by the Administrator.
Where required regulatory provisions are not included in the plan by the
State because of inadequate legal authority, substitute provisions are
promulgated by the Administrator.
[37 FR 10846, May 31, 1972, as amended at 60 FR 33922, June 29, 1995]
Sec. 52.07 Control strategies.
(a) Each subpart specifies in what respects the control strategies
are approved or disapproved. Where emission limitations with a future
effective date are employed to carry out a control strategy, approval of
the control strategy and the implementing regulations does not supersede
the requirements of subpart N of this chapter relating to compliance
schedules for individual sources or categories of sources. Compliance
schedules for individual sources or categories of sources must require
such sources to comply with applicable requirements of the plan as
expeditiously as practicable, where the requirement is part of a control
strategy designed to attain a primary standard, or within a reasonable
time, where the requirement is part of a control strategy designed to
attain a secondary standard. All sources must be required to comply with
applicable requirements of the plan no later than the date specified in
this part for attainment of the national standard which the requirement
is intended to implement.
(b) A control strategy may be disapproved as inadequate because it
is not sufficiently comprehensive, although all regulations provided to
carry out the strategy may themselves be approved. In this case,
regulations for carrying out necessary additional measures are
promulgated in the subpart.
(c) Where a control strategy is adequate to attain and maintain a
national standard but one or more of the regulations to carry it out is
not adopted or not enforceable by the State, the control strategy is
approved and the necessary regulations are promulgated by the
Administrator.
(d) Where a control strategy is adequate to attain and maintain air
quality better than that provided for by a national standard but one or
more of the regulations to carry it out is not adopted or not
enforceable by the State, the control strategy is approved and
substitute regulations necessary to attain and maintain the national
standard are promulgated.
[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972;
51 FR 40676, Nov. 7, 1986]
Sec. 52.08 Rules and regulations.
Each subpart identifies the regulations, including emission
limitations, which are disapproved by the Administrator, and includes
the regulations which the Administrator promulgates.
Sec. 52.09 Compliance schedules.
(a) In each subpart, compliance schedules disapproved by the
Administrator are identified, and compliance schedules promulgated by
the Administrator are set forth.
(b) Individual source compliance schedules submitted with certain
plans have not yet been evaluated, and are not approved or disapproved.
(c) The Administrator's approval or promulgation of any compliance
schedule shall not affect the responsibility of the owner or operator to
comply with any applicable emission limitation on and after the date for
final
[[Page 13]]
compliance specified in the applicable schedule.
[37 FR 10846, May 31, 1972, as amended at 38 FR 30877, Nov. 8, 1973]
Sec. 52.10 Review of new sources and modifications.
In any plan where the review procedure for new sources and source
modifications does not meet the requirements of subpart I of this
chapter, provisions are promulgated which enable the Administrator to
obtain the necessary information and to prevent construction or
modification.
[37 FR 10846, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.11 Prevention of air pollution emergency episodes.
(a) Each subpart identifies portions of the air pollution emergency
episode contingency plan which are disapproved, and sets forth the
Administrator's promulgation of substitute provisions.
(b) No provisions are promulgated to replace any disapproved air
quality monitoring or communications portions of a contingency plan, but
detailed critiques of such portions are provided to the State.
(c) Where a State plan does not provide for public announcement
regarding air pollution emergency episodes or where the State fails to
give any such public announcement, the Administrator will issue a public
announcement that an episode stage has been reached. When making such an
announcement, the Administrator will be guided by the suggested episode
criteria and emission control actions suggested in Appendix L of part 51
of this chapter or those in the approved plan.
[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972]
Sec. 52.12 Source surveillance.
(a) Each subpart identifies the plan provisions for source
surveillance which are disapproved, and sets forth the Administrator's
promulgation of necessary provisions for requiring sources to maintain
records, make reports, and submit information.
(b) No provisions are promulgated for any disapproved State or local
agency procedures for testing, inspection, investigation, or detection,
but detailed critiques of such portions are provided to the State.
(c) For purposes of Federal enforcement, the following test
procedures and methods shall be used, provided that for the purpose of
establishing whether or not a person has violated or is in violation of
any provision of the plan, nothing in this part shall preclude the use,
including the exclusive use, of any credible evidence or information,
relevant to whether a source would have been in compliance with
applicable requirements if the appropriate performance or compliance
test procedures or methods had been performed:
(1) Sources subject to plan provisions which do not specify a test
procedure and sources subject to provisions promulgated by the
Administrator will be tested by means of the appropriate procedures and
methods prescribed in part 60 of this chapter unless otherwise specified
in this part.
(2) Sources subject to approved provisions of a plan wherein a test
procedure is specified will be tested by the specified procedure.
[37 FR 10846, May 31, 1972, as amended at 40 FR 26032, June 20, 1975; 62
FR 8328, Feb. 24, 1997]
Sec. 52.13 Air quality surveillance; resources;
intergovernmental cooperation.
Disapproved portions of the plan related to the air quality
surveillance system, resources, and intergovernmental cooperation are
identified in each subpart, and detailed critiques of such portions are
provided to the State. No provisions are promulgated by the
Administrator.
Sec. 52.14 State ambient air quality standards.
Any ambient air quality standard submitted with a plan which is less
stringent than a national standard is not considered part of the plan.
Sec. 52.15 Public availability of plans.
Each State shall make available for public inspection at least one
copy of
[[Page 14]]
the plan in at least one city in each region to which such plan is
applicable. All such copies shall be kept current.
Sec. 52.16 Submission to Administrator.
(a) All requests, reports, applications, submissions, and other
communications to the Administrator pursuant to this part shall be
submitted in duplicate and addressed to the appropriate Regional Office
of the Environmental Protection Agency. For any submission pursuant to
this part that is also a submission of a plan or plan revision pursuant
to 40 CFR part 51, the submission shall conform to the requirements of
appendix V to 40 CFR part 51, rather than the requirements of this
paragraph.
(b) The Regional Offices are as follows:
(1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont. EPA Region 1, 5 Post Office Square--Suite 100, Boston, MA
02109-3912.
(2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA
Region 2, 290 Broadway, New York, NY 10007-1866.
(3) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19103-2029.
(4) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. EPA Region 4, 61 Forsyth
Street, Atlanta, Georgia 30303.
(5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA
Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.
(6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. EPA Region
6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733.
(7) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection
Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219.
(8) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.
(9) Arizona, California, Hawaii, Nevada, American Samoa,
Commonwealth of the Northern Mariana Islands, and Guam. EPA, Region 9,
75 Hawthorne Street, San Francisco, CA 94105.
(10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th
Avenue, Seattle, WA 98101.
[61 FR 16061, Apr. 11, 1996, as amended at 72 FR 38793, July 16, 2007;
76 FR 49671, Aug. 11, 2011; 78 FR 37975, June 25, 2013; 79 FR 22035,
Apr. 21, 2014; 80 FR 7341, Feb. 10, 2015]
Sec. 52.17 Severability of provisions.
The provisions promulgated in this part and the various applications
thereof are distinct and severable. If any provision of this part or the
application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or application of such
provision to other persons or circumstances which can be given effect
without the invalid provision or application.
[37 FR 19808, Sept. 22, 1972]
Sec. 52.18 Abbreviations.
Abbreviations used in this part shall be those set forth in part 60
of this chapter.
[38 FR 12698, May 14, 1973]
Sec. 52.20 Attainment dates for national standards.
Each subpart contains a section which specifies the latest dates by
which national standards are to be attained in each region in the State.
An attainment date which only refers to a month and a year (such as July
1975) shall be construed to mean the last day of the month in question.
However, the specification of attainment dates for national standards
does not relieve any State from the provisions of subpart N of this
chapter which require all sources and categories of sources to comply
with applicable requirements of the plan--
(a) As expeditiously as practicable where the requirement is part of
a control strategy designed to attain a primary standard, and
(b) Within a reasonable time where the requirement is part of a
control strategy designed to attain a secondary standard.
[37 FR 19808, Sept. 22, 1972, as amended at 39 FR 34535, Sept. 26, 1974;
51 FR 40676, Nov. 7, 1986]
[[Page 15]]
Sec. 52.21 Prevention of significant deterioration of air quality.
(a)(1) Plan disapproval. The provisions of this section are
applicable to any State implementation plan which has been disapproved
with respect to prevention of significant deterioration of air quality
in any portion of any State where the existing air quality is better
than the national ambient air quality standards. Specific disapprovals
are listed where applicable, in subparts B through DDD and FFF of this
part. The provisions of this section have been incorporated by reference
into the applicable implementation plans for various States, as provided
in subparts B through DDD and FFF of this part. Where this section is so
incorporated, the provisions shall also be applicable to all lands owned
by the Federal Government and Indian Reservations located in such State.
No disapproval with respect to a State's failure to prevent significant
deterioration of air quality shall invalidate or otherwise affect the
obligations of States, emission sources, or other persons with respect
to all portions of plans approved or promulgated under this part.
(2) Applicability procedures. (i) The requirements of this section
apply to the construction of any new major stationary source (as defined
in paragraph (b)(1) of this section) or any project at an existing major
stationary source in an area designated as attainment or unclassifiable
under sections 107(d)(1)(A)(ii) or (iii) of the Act.
(ii) The requirements of paragraphs (j) through (r) of this section
apply to the construction of any new major stationary source or the
major modification of any existing major stationary source, except as
this section otherwise provides.
(iii) No new major stationary source or major modification to which
the requirements of paragraphs (j) through (r)(5) of this section apply
shall begin actual construction without a permit that states that the
major stationary source or major modification will meet those
requirements. The Administrator has authority to issue any such permit.
(iv) The requirements of the program will be applied in accordance
with the principles set out in paragraphs (a)(2)(iv)(a) through (f) of
this section.
(a) Except as otherwise provided in paragraphs (a)(2)(v) and (vi) of
this section, and consistent with the definition of major modification
contained in paragraph (b)(2) of this section, a project is a major
modification for a regulated NSR pollutant if it causes two types of
emissions increases--a significant emissions increase (as defined in
paragraph (b)(40) of this section), and a significant net emissions
increase (as defined in paragraphs (b)(3) and (b)(23) of this section).
The project is not a major modification if it does not cause a
significant emissions increase. If the project causes a significant
emissions increase, then the project is a major modification only if it
also results in a significant net emissions increase.
(b) The procedure for calculating (before beginning actual
construction) whether a significant emissions increase (i.e., the first
step of the process) will occur depends upon the type of emissions units
being modified, according to paragraphs (a)(2)(iv)(c) through (f) of
this section. The procedure for calculating (before beginning actual
construction) whether a significant net emissions increase will occur at
the major stationary source (i.e., the second step of the process) is
contained in the definition in paragraph (b)(3) of this section.
Regardless of any such preconstruction projections, a major modification
results if the project causes a significant emissions increase and a
significant net emissions increase.
(c) Actual-to-projected-actual applicability test for projects that
only involve existing emissions units. A significant emissions increase
of a regulated NSR pollutant is projected to occur if the sum of the
difference between the projected actual emissions (as defined in
paragraph (b)(41) of this section) and the baseline actual emissions (as
defined in paragraphs (b)(48)(i) and (ii) of this section), for each
existing emissions unit, equals or exceeds the significant amount for
that pollutant (as defined in paragraph (b)(23) of this section).
(d) Actual-to-potential test for projects that only involve
construction of a new
[[Page 16]]
emissions unit(s). A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between the
potential to emit (as defined in paragraph (b)(4) of this section) from
each new emissions unit following completion of the project and the
baseline actual emissions (as defined in paragraph (b)(48)(iii) of this
section) of these units before the project equals or exceeds the
significant amount for that pollutant (as defined in paragraph (b)(23)
of this section).
(e) [Reserved]
(f) Hybrid test for projects that involve multiple types of
emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the emissions increases
for each emissions unit, using the method specified in paragraphs
(a)(2)(iv)(c) through (d) of this section as applicable with respect to
each emissions unit, for each type of emissions unit equals or exceeds
the significant amount for that pollutant (as defined in paragraph
(b)(23) of this section).
(v) For any major stationary source for a PAL for a regulated NSR
pollutant, the major stationary source shall comply with the
requirements under paragraph (aa) of this section.
(b) Definitions. For the purposes of this section:
(1)(i) Major stationary source means:
(a) Any of the following stationary sources of air pollutants which
emits, or has the potential to emit, 100 tons per year or more of any
regulated NSR pollutant: Fossil fuel-fired steam electric plants of more
than 250 million British thermal units per hour heat input, coal
cleaning plants (with thermal dryers), kraft pulp mills, portland cement
plants, primary zinc smelters, iron and steel mill plants, primary
aluminum ore reduction plants (with thermal dryers), primary copper
smelters, municipal incinerators capable of charging more than 250 tons
of refuse per day, hydrofluoric, sulfuric, and nitric acid plants,
petroleum refineries, lime plants, phosphate rock processing plants,
coke oven batteries, sulfur recovery plants, carbon black plants
(furnace process), primary lead smelters, fuel conversion plants,
sintering plants, secondary metal production plants, chemical process
plants (which does not include ethanol production facilities that
produce ethanol by natural fermentation included in NAICS codes 325193
or 312140), fossil-fuel boilers (or combinations thereof) totaling more
than 250 million British thermal units per hour heat input, petroleum
storage and transfer units with a total storage capacity exceeding
300,000 barrels, taconite ore processing plants, glass fiber processing
plants, and charcoal production plants;
(b) Notwithstanding the stationary source size specified in
paragraph (b)(1)(i) of this section, any stationary source which emits,
or has the potential to emit, 250 tons per year or more of a regulated
NSR pollutant; or
(c) Any physical change that would occur at a stationary source not
otherwise qualifying under paragraph (b)(1) of this section, as a major
stationary source, if the changes would constitute a major stationary
source by itself.
(ii) A major source that is major for volatile organic compounds or
NOX shall be considered major for ozone.
(iii) The fugitive emissions of a stationary source shall not be
included in determining for any of the purposes of this section whether
it is a major stationary source, unless the source belongs to one of the
following categories of stationary sources:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
[[Page 17]]
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more that 250 million
British thermal units per hour heat input, and
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
(2)(i) Major modification means any physical change in or change in
the method of operation of a major stationary source that would result
in: a significant emissions increase (as defined in paragraph (b)(40) of
this section) of a regulated NSR pollutant (as defined in paragraph
(b)(50) of this section); and a significant net emissions increase of
that pollutant from the major stationary source.
(ii) Any significant emissions increase (as defined at paragraph
(b)(40) of this section) from any emissions units or net emissions
increase (as defined in paragraph (b)(3) of this section) at a major
stationary source that is significant for volatile organic compounds or
NOX shall be considered significant for ozone.
(iii) A physical change or change in the method of operation shall
not include:
(a) Routine maintenance, repair and replacement. Routine
maintenance, repair and replacement shall include, but not be limited
to, any activity(s) that meets the requirements of the equipment
replacement provisions contained in paragraph (cc) of this section;
Note to paragraph (b)(2)(iii)(a): By court order on December 24,
2003, the second sentence of this paragraph (b)(2)(iii)(a) is stayed
indefinitely. The stayed provisions will become effective immediately if
the court terminates the stay. At that time, EPA will publish a document
in the Federal Register advising the public of the termination of the
stay.
(b) Use of an alternative fuel or raw material by reason of an order
under sections 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) or by reason
of a natural gas curtailment plant pursuant to the Federal Power Act;
(c) Use of an alternative fuel by reason of an order or rule under
section 125 of the Act;
(d) Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste;
(e) Use of an alternative fuel or raw material by a stationary
source which:
(1) The source was capable of accommodating before January 6, 1975,
unless such change would be prohibited under any federally enforceable
permit condition which was established after January 6, 1975 pursuant to
40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I
or 40 CFR 51.166; or
(2) The source is approved to use under any permit issued under 40
CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;
(f) An increase in the hours of operation or in the production rate,
unless such change would be prohibited under any federally enforceable
permit condition which was established after January 6, 1975, pursuant
to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart
I or 40 CFR 51.166.
(g) Any change in ownership at a stationary source.
(h) [Reserved]
(i) The installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the
project complies with:
(1) The State implementation plan for the State in which the project
is located, and
(2) Other requirements necessary to attain and maintain the national
ambient air quality standards during the project and after it is
terminated.
[[Page 18]]
(j) The installation or operation of a permanent clean coal
technology demonstration project that constitutes repowering, provided
that the project does not result in an increase in the potential to emit
of any regulated pollutant emitted by the unit. This exemption shall
apply on a pollutant-by-pollutant basis.
(k) The reactivation of a very clean coal-fired electric utility
steam generating unit.
(iv) This definition shall not apply with respect to a particular
regulated NSR pollutant when the major stationary source is complying
with the requirements under paragraph (aa) of this section for a PAL for
that pollutant. Instead, the definition at paragraph (aa)(2)(viii) of
this section shall apply.
(v) Fugitive emissions shall not be included in determining for any
of the purposes of this section whether a physical change in or change
in the method of operation of a major stationary source is a major
modification, unless the source belongs to one of the source categories
listed in paragraph (b)(1)(iii) of this section.
(3)(i) Net emissions increase means, with respect to any regulated
NSR pollutant emitted by a major stationary source, the amount by which
the sum of the following exceeds zero:
(a) The increase in emissions from a particular physical change or
change in the method of operation at a stationary source as calculated
pursuant to paragraph (a)(2)(iv) of this section; and
(b) Any other increases and decreases in actual emissions at the
major stationary source that are contemporaneous with the particular
change and are otherwise creditable. Baseline actual emissions for
calculating increases and decreases under this paragraph (b)(3)(i)(b)
shall be determined as provided in paragraph (b)(48) of this section,
except that paragraphs (b)(48)(i)(c) and (b)(48)(ii)(d) of this section
shall not apply.
(ii) An increase or decrease in actual emissions is contemporaneous
with the increase from the particular change only if it occurs between:
(a) The date five years before construction on the particular change
commences; and
(b) The date that the increase from the particular change occurs.
(iii) An increase or decrease in actual emissions is creditable only
if:
(a) The Administrator or other reviewing authority has not relied on
it in issuing a permit for the source under this section, which permit
is in effect when the increase in actual emissions from the particular
change occurs; and
(b) The increase or decrease in emissions did not occur at a Clean
Unit except as provided in paragraphs (x)(8) and (y)(10) of this
section.
(c) As it pertains to an increase or decrease in fugitive emissions
(to the extent quantifiable), it occurs at an emissions unit that is
part of one of the source categories listed in paragraph (b)(1)(iii) of
this section or it occurs at an emission unit that is located at a major
stationary source that belongs to one of the listed source
categories.(iv) An increase or decrease in actual emissions of sulfur
dioxide, particulate matter, or nitrogen oxides that occurs before the
applicable minor source baseline date is creditable only if it is
required to be considered in calculating the amount of maximum allowable
increases remaining available.
(v) An increase in actual emissions is creditable only to the extent
that the new level of actual emissions exceeds the old level.
(vi) A decrease in actual emissions is creditable only to the extent
that:
(a) The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions;
(b) It is enforceable as a practical matter at and after the time
that actual construction on the particular change begins.
(c) It has approximately the same qualitative significance for
public health and welfare as that attributed to the increase from the
particular change; and
(vii) [Reserved]
(viii) An increase that results from a physical change at a source
occurs when the emissions unit on which construction occurred becomes
operational and begins to emit a particular
[[Page 19]]
pollutant. Any replacement unit that requires shakedown becomes
operational only after a reasonable shakedown period, not to exceed 180
days.
(ix) Paragraph (b)(21)(ii) of this section shall not apply for
determining creditable increases and decreases.
(4) Potential to emit means the maximum capacity of a stationary
source to emit a pollutant under its physical and operational design.
Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design
if the limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions do not count in determining the
potential to emit of a stationary source.
(5) Stationary source means any building, structure, facility, or
installation which emits or may emit a regulated NSR pollutant.
(6)(i) Building, structure, facility, or installation means all of
the pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties,
and are under the control of the same person (or persons under common
control) except the activities of any vessel. Pollutant-emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same ``Major Group'' (i.e., which have the same
first two digit code) as described in the Standard Industrial
Classification Manual, 1972, as amended by the 1977 Supplement (U.S.
Government Printing Office stock numbers 4101-0066 and 003-005-00716-0,
respectively).
(ii) Notwithstanding the provisions of paragraph (b)(6)(i) of this
section, building, structure, facility, or installation means, for
onshore activities under Standard Industrial Classification (SIC) Major
Group 13: Oil and Gas Extraction, all of the pollutant-emitting
activities included in Major Group 13 that are located on one or more
contiguous or adjacent properties, and are under the control of the same
person (or persons under common control). Pollutant emitting activities
shall be considered adjacent if they are located on the same surface
site; or if they are located on surface sites that are located within
\1/4\ mile of one another (measured from the center of the equipment on
the surface site) and they share equipment. Shared equipment includes,
but is not limited to, produced fluids storage tanks, phase separators,
natural gas dehydrators or emissions control devices. Surface site, as
used in this paragraph (b)(6)(ii), has the same meaning as in 40 CFR
63.761.
(7) Emissions unit means any part of a stationary source that emits
or would have the potential to emit any regulated NSR pollutant and
includes an electric utility steam generating unit as defined in
paragraph (b)(31) of this section. For purposes of this section, there
are two types of emissions units as described in paragraphs (b)(7)(i)
and (ii) of this section.
(i) A new emissions unit is any emissions unit that is (or will be)
newly constructed and that has existed for less than 2 years from the
date such emissions unit first operated.
(ii) An existing emissions unit is any emissions unit that does not
meet the requirements in paragraph (b)(7)(i) of this section. A
replacement unit, as defined in paragraph (b)(33) of this section, is an
existing emissions unit.
(8) Construction means any physical change or change in the method
of operation (including fabrication, erection, installation, demolition,
or modification of an emissions unit) that would result in a change in
emissions.
(9) Commence as applied to construction of a major stationary source
or major modification means that the owner or operator has all necessary
preconstruction approvals or permits and either has:
(i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable
time; or
(ii) Entered into binding agreements or contractual obligations,
which cannot be cancelled or modified without substantial loss to the
owner or operator, to undertake a program of actual construction of the
source to be completed within a reasonable time.
(10) Necessary preconstruction approvals or permits means those
permits or
[[Page 20]]
approvals required under Federal air quality control laws and
regulations and those air quality control laws and regulations which are
part of the applicable State Implementation Plan.
(11) Begin actual construction means, in general, initiation of
physical on-site construction activities on an emissions unit which are
of a permanent nature. Such activities include, but are not limited to,
installation of building supports and foundations, laying underground
pipework and construction of permanent storage structures. With respect
to a change in method of operations, this term refers to those on-site
activities other than preparatory activities which mark the initiation
of the change.
(12) Best available control technology means an emissions limitation
(including a visible emission standard) based on the maximum degree of
reduction for each pollutant subject to regulation under Act which would
be emitted from any proposed major stationary source or major
modification which the Administrator, on a case-by-case basis, taking
into account energy, environmental, and economic impacts and other
costs, determines is achievable for such source or modification through
application of production processes or available methods, systems, and
techniques, including fuel cleaning or treatment or innovative fuel
combustion techniques for control of such pollutant. In no event shall
application of best available control technology result in emissions of
any pollutant which would exceed the emissions allowed by any applicable
standard under 40 CFR parts 60 and 61. If the Administrator determines
that technological or economic limitations on the application of
measurement methodology to a particular emissions unit would make the
imposition of an emissions standard infeasible, a design, equipment,
work practice, operational standard, or combination thereof, may be
prescribed instead to satisfy the requirement for the application of
best available control technology. Such standard shall, to the degree
possible, set forth the emissions reduction achievable by implementation
of such design, equipment, work practice or operation, and shall provide
for compliance by means which achieve equivalent results.
(13)(i) Baseline concentration means that ambient concentration
level that exists in the baseline area at the time of the applicable
minor source baseline date. A baseline concentration is determined for
each pollutant for which a minor source baseline date is established and
shall include:
(a) The actual emissions, as defined in paragraph (b)(21) of this
section, representative of sources in existence on the applicable minor
source baseline date, except as provided in paragraph (b)(13)(ii) of
this section; and
(b) The allowable emissions of major stationary sources that
commenced construction before the major source baseline date, but were
not in operation by the applicable minor source baseline date.
(ii) The following will not be included in the baseline
concentration and will affect the applicable maximum allowable
increase(s):
(a) Actual emissions, as defined in paragraph (b)(21) of this
section, from any major stationary source on which construction
commenced after the major source baseline date; and
(b) Actual emissions increases and decreases, as defined in
paragraph (b)(21) of this section, at any stationary source occurring
after the minor source baseline date.
(14)(i) Major source baseline date means:
(a) In the case of PM10 and sulfur dioxide, January 6,
1975;
(b) In the case of nitrogen dioxide, February 8, 1988; and
(c) In the case of PM2.5, October 20, 2010.
(ii) ``Minor source baseline date'' means the earliest date after
the trigger date on which a major stationary source or a major
modification subject to 40 CFR 52.21 or to regulations approved pursuant
to 40 CFR 51.166 submits a complete application under the relevant
regulations. The trigger date is:
(a) In the case of PM10 and sulfur dioxide, August 7,
1977;
(b) In the case of nitrogen dioxide, February 8, 1988; and
(c) In the case of PM2.5, October 20, 2011.
[[Page 21]]
(iii) The baseline date is established for each pollutant for which
increments or other equivalent measures have been established if:
(a) The area in which the proposed source or modification would
construct is designated as attainment or unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of
its complete application under 40 CFR 52.21 or under regulations
approved pursuant to 40 CFR 51.166; and
(b) In the case of a major stationary source, the pollutant would be
emitted in significant amounts, or, in the case of a major modification,
there would be a significant net emissions increase of the pollutant.
(iv) Any minor source baseline date established originally for the
TSP increments shall remain in effect and shall apply for purposes of
determining the amount of available PM-10 increments, except that the
Administrator shall rescind a minor source baseline date where it can be
shown, to the satisfaction of the Administrator, that the emissions
increase from the major stationary source, or net emissions increase
from the major modification, responsible for triggering that date did
not result in a significant amount of PM-10 emissions.
(15)(i) Baseline area means any intrastate area (and every part
thereof) designated as attainment or unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major
modification establishing the minor source baseline date would construct
or would have an air quality impact for the pollutant for which the
baseline date is established, as follows: equal to or greater than 1
[micro]g/m\3\ (annual average) for SO2, NO2, or
PM10; or equal or greater than 0.3 [micro]g/m\3\ (annual
average) for PM2.5.
(ii) Area redesignations under section 107(d)(1)(A)(ii) or (iii) of
the Act cannot intersect or be smaller than the area of impact of any
major stationary source or major modification which:
(a) Establishes a minor source baseline date; or
(b) Is subject to 40 CFR 52.21 and would be constructed in the same
state as the state proposing the redesignation.
(iii) Any baseline area established originally for the TSP
increments shall remain in effect and shall apply for purposes of
determining the amount of available PM-10 increments, except that such
baseline area shall not remain in effect if the Administrator rescinds
the corresponding minor source baseline date in accordance with
paragraph (b)(14)(iv) of this section.
(16) Allowable emissions means the emissions rate of a stationary
source calculated using the maximum rated capacity of the source (unless
the source is subject to federally enforceable limits which restrict the
operating rate, or hours of operation, or both) and the most stringent
of the following:
(i) The applicable standards as set forth in 40 CFR parts 60 and 61;
(ii) The applicable State Implementation Plan emissions limitation,
including those with a future compliance date; or
(iii) The emissions rate specified as a federally enforceable permit
condition, including those with a future compliance date.
(17) Federally enforceable means all limitations and conditions
which are enforceable by the Administrator, including those requirements
developed pursuant to 40 CFR parts 60 and 61, requirements within any
applicable State implementation plan, any permit requirements
established pursuant to 40 CFR 52.21 or under regulations approved
pursuant to 40 CFR part 51, subpart I, including operating permits
issued under an EPA-approved program that is incorporated into the State
implementation plan and expressly requires adherence to any permit
issued under such program.
(18) Secondary emissions means emissions which would occur as a
result of the construction or operation of a major stationary source or
major modification, but do not come from the major stationary source or
major modification itself. Secondary emissions include emissions from
any offsite support facility which would not be constructed or increase
its emissions except as a result of the construction or operation of the
major stationary source or major modification. Secondary emissions do
not include
[[Page 22]]
any emissions which come directly from a mobile source, such as
emissions from the tailpipe of a motor vehicle, from a train, or from a
vessel.
(i) Emissions from ships or trains coming to or from the new or
modified stationary source; and
(ii) Emissions from any offsite support facility which would not
otherwise be constructed or increase its emissions as a result of the
construction or operation of the major stationary source or major
modification.
(19) Innovative control technology means any system of air pollution
control that has not been adequately demonstrated in practice, but would
have a substantial likelihood of achieving greater continuous emissions
reduction than any control system in current practice or of achieving at
least comparable reductions at lower cost in terms of energy, economics,
or nonair quality environmental impacts.
(20) Fugitive emissions means those emissions which could not
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
(21)(i) Actual emissions means the actual rate of emissions of a
regulated NSR pollutant from an emissions unit, as determined in
accordance with paragraphs (b)(21)(ii) through (iv) of this section,
except that this definition shall not apply for calculating whether a
significant emissions increase has occurred, or for establishing a PAL
under paragraph (aa) of this section. Instead, paragraphs (b)(41) and
(b)(48) of this section shall apply for those purposes.
(ii) In general, actual emissions as of a particular date shall
equal the average rate, in tons per year, at which the unit actually
emitted the pollutant during a consecutive 24-month period which
precedes the particular date and which is representative of normal
source operation. The Administrator shall allow the use of a different
time period upon a determination that it is more representative of
normal source operation. Actual emissions shall be calculated using the
unit's actual operating hours, production rates, and types of materials
processed, stored, or combusted during the selected time period.
(iii) The Administrator may presume that source-specific allowable
emissions for the unit are equivalent to the actual emissions of the
unit.
(iv) For any emissions unit that has not begun normal operations on
the particular date, actual emissions shall equal the potential to emit
of the unit on that date.
(22) Complete means, in reference to an application for a permit,
that the application contains all of the information necessary for
processing the application.
(23)(i) Significant means, in reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a
rate of emissions that would equal or exceed any of the following rates:
Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter: 25 tpy of particulate matter emissions
PM10: 15 tpy
PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of
sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless
demonstrated not to be a PM2.5 precursor under paragraph
(b)(50) of this section
Ozone: 40 tpy of volatile organic compounds or nitrogen oxides
Lead: 0.6 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2S): 10 tpy
Total reduced sulfur (including H2S): 10 tpy
Reduced sulfur compounds (including H2S): 10 tpy
Municipal waste combustor organics (measured as total tetra-through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x
10-6 megagrams per year (3.5 x 10-6 tons per year)
Municipal waste combustor metals (measured as particulate matter): 14
megagrams per year (15 tons per year)
Municipal waste combustor acid gases (measured as sulfur dioxide and
hydrogen chloride): 36 megagrams per year (40 tons per year)
Municipal solid waste landfills emissions (measured as nonmethane
organic compounds): 45 megagrams per year (50 tons per year)
(ii) Significant means, in reference to a net emissions increase or
the potential of a source to emit a regulated NSR pollutant that
paragraph (b)(23)(i) of this section, does not list, any emissions rate.
[[Page 23]]
(iii) Notwithstanding paragraph (b)(23)(i) of this section,
significant means any emissions rate or any net emissions increase
associated with a major stationary source or major modification, which
would construct within 10 kilometers of a Class I area, and have an
impact on such area equal to or greater than 1 [micro]g/m\3\, (24-hour
average).
(24) Federal Land Manager means, with respect to any lands in the
United States, the Secretary of the department with authority over such
lands.
(25) High terrain means any area having an elevation 900 feet or
more above the base of the stack of a source.
(26) Low terrain means any area other than high terrain.
(27) Indian Reservation means any federally recognized reservation
established by Treaty, Agreement, executive order, or act of Congress.
(28) Indian Governing Body means the governing body of any tribe,
band, or group of Indians subject to the jurisdiction of the United
States and recognized by the United States as possessing power of self
government.
(29) Adverse impact on visibility means visibility impairment which
interferes with the management, protection, preservation or enjoyment of
the visitor's visual experience of the Federal Class I area. This
determination must be made on a case-by-case basis taking into account
the geographic extent, intensity, duration, frequency and time of
visibility impairment, and how these factors correlate with (1) times of
visitor use of the Federal Class I area, and (2) the frequency and
timing of natural conditions that reduce visibility.
(30) Volatile organic compounds (VOC) is as defined in Sec.
51.100(s) of this chapter.
(31) Electric utility steam generating unit means any steam electric
generating unit that is constructed for the purpose of supplying more
than one-third of its potential electric output capacity and more than
25 MW electrical output to any utility power distribution system for
sale. Any steam supplied to a steam distribution system for the purpose
of providing steam to a steam-electric generator that would produce
electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.
(32) [Reserved]
(33) Replacement unit means an emissions unit for which all the
criteria listed in paragraphs (b)(33)(i) through (iv) of this section
are met. No creditable emission reductions shall be generated from
shutting down the existing emissions unit that is replaced.
(i) The emissions unit is a reconstructed unit within the meaning of
Sec. 60.15(b)(1) of this chapter, or the emissions unit completely
takes the place of an existing emissions unit.
(ii) The emissions unit is identical to or functionally equivalent
to the replaced emissions unit.
(iii) The replacement does not alter the basic design parameters (as
discussed in paragraph (cc)(2) of this section) of the process unit.
(iv) The replaced emissions unit is permanently removed from the
major stationary source, otherwise permanently disabled, or permanently
barred from operation by a permit that is enforceable as a practical
matter. If the replaced emissions unit is brought back into operation,
it shall constitute a new emissions unit.
(34) Clean coal technology means any technology, including
technologies applied at the precombustion, combustion, or post
combustion stage, at a new or existing facility which will achieve
significant reductions in air emissions of sulfur dioxide or oxides of
nitrogen associated with the utilization of coal in the generation of
electricity, or process steam which was not in widespread use as of
November 15, 1990.
(35) Clean coal technology demonstration project means a project
using funds appropriated under the heading ``Department of Energy-Clean
Coal Technology'', up to a total amount of $2,500,000,000 for commercial
demonstration of clean coal technology, or similar projects funded
through appropriations for the Environmental Protection Agency. The
Federal contribution for a qualifying project shall be at least 20
percent of the total cost of the demonstration project.
(36) Temporary clean coal technology demonstration project means a
clean coal technology demonstration project
[[Page 24]]
that is operated for a period of 5 years or less, and which complies
with the State implementation plans for the State in which the project
is located and other requirements necessary to attain and maintain the
national ambient air quality standards during the project and after it
is terminated.
(37) (i) Repowering means replacement of an existing coal-fired
boiler with one of the following clean coal technologies: atmospheric or
pressurized fluidized bed combustion, integrated gasification combined
cycle, magnetohydrodynamics, direct and indirect coal-fired turbines,
integrated gasification fuel cells, or as determined by the
Administrator, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other
technology capable of controlling multiple combustion emissions
simultaneously with improved boiler or generation efficiency and with
significantly greater waste reduction relative to the performance of
technology in widespread commercial use as of November 15, 1990.
(ii) Repowering shall also include any oil and/or gas-fired unit
which has been awarded clean coal technology demonstration funding as of
January 1, 1991, by the Department of Energy.
(iii) The Administrator shall give expedited consideration to permit
applications for any source that satisfies the requirements of this
subsection and is granted an extension under section 409 of the Clean
Air Act.
(38) Reactivation of a very clean coal-fired electric utility steam
generating unit means any physical change or change in the method of
operation associated with the commencement of commercial operations by a
coal-fired utility unit after a period of discontinued operation where
the unit:
(i) Has not been in operation for the two-year period prior to the
enactment of the Clean Air Act Amendments of 1990, and the emissions
from such unit continue to be carried in the permitting authority's
emissions inventory at the time of enactment;
(ii) Was equipped prior to shut-down with a continuous system of
emissions control that achieves a removal efficiency for sulfur dioxide
of no less than 85 percent and a removal efficiency for particulates of
no less than 98 percent;
(iii) Is equipped with low-NOX burners prior to the time
of commencement of operations following reactivation; and
(iv) Is otherwise in compliance with the requirements of the Clean
Air Act.
(39) Pollution prevention means any activity that through process
changes, product reformulation or redesign, or substitution of less
polluting raw materials, eliminates or reduces the release of air
pollutants (including fugitive emissions) and other pollutants to the
environment prior to recycling, treatment, or disposal; it does not mean
recycling (other than certain ``in-process recycling'' practices),
energy recovery, treatment, or disposal.
(40) Significant emissions increase means, for a regulated NSR
pollutant, an increase in emissions that is significant (as defined in
paragraph (b)(23) of this section) for that pollutant.
(41)(i) Projected actual emissions means the maximum annual rate, in
tons per year, at which an existing emissions unit is projected to emit
a regulated NSR pollutant in any one of the 5 years (12-month period)
following the date the unit resumes regular operation after the project,
or in any one of the 10 years following that date, if the project
involves increasing the emissions unit's design capacity or its
potential to emit that regulated NSR pollutant and full utilization of
the unit would result in a significant emissions increase or a
significant net emissions increase at the major stationary source.
(ii) In determining the projected actual emissions under paragraph
(b)(41)(i) of this section (before beginning actual construction), the
owner or operator of the major stationary source:
(a) Shall consider all relevant information, including but not
limited to, historical operational data, the company's own
representations, the company's expected business activity and the
company's highest projections of business activity, the company's
filings with the State or Federal regulatory authorities, and compliance
plans under the approved State Implementation Plan; and
[[Page 25]]
(b) Shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions; and
(c) Shall exclude, in calculating any increase in emissions that
results from he particular project, that portion of the unit's emissions
following the project that an existing unit could have accommodated
during the consecutive 24-month period used to establish the baseline
actual emissions under paragraph (b)(48) of this section and that are
also unrelated to the particular project, including any increased
utilization due to product demand growth; or
(d) In lieu of using the method set out in paragraphs (a)(41)(ii)(a)
through (c) of this section, may elect to use the emissions unit's
potential to emit, in tons per year, as defined under paragraph (b)(4)
of this section.
(42) [Reserved]
(43) Prevention of Significant Deterioration (PSD) program means the
EPA-implemented major source preconstruction permit programs under this
section or a major source preconstruction permit program that has been
approved by the Administrator and incorporated into the State
Implementation Plan pursuant to Sec. 51.166 of this chapter to
implement the requirements of that section. Any permit issued under such
a program is a major NSR permit.
(44) Continuous emissions monitoring system (CEMS) means all of the
equipment that may be required to meet the data acquisition and
availability requirements of this section, to sample, condition (if
applicable), analyze, and provide a record of emissions on a continuous
basis.
(45) Predictive emissions monitoring system (PEMS) means all of the
equipment necessary to monitor process and control device operational
parameters (for example, control device secondary voltages and electric
currents) and other information (for example, gas flow rate,
O2 or CO2 concentrations), and calculate and
record the mass emissions rate (for example, lb/hr) on a continuous
basis.
(46) Continuous parameter monitoring system (CPMS) means all of the
equipment necessary to meet the data acquisition and availability
requirements of this section, to monitor process and control device
operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow
rate, O2 or CO2 concentrations), and to record
average operational parameter value(s) on a continuous basis.
(47) Continuous emissions rate monitoring system (CERMS) means the
total equipment required for the determination and recording of the
pollutant mass emissions rate (in terms of mass per unit of time).
(48) Baseline actual emissions means the rate of emissions, in tons
per year, of a regulated NSR pollutant, as determined in accordance with
paragraphs (b)(48)(i) through (iv) of this section.
(i) For any existing electric utility steam generating unit,
baseline actual emissions means the average rate, in tons per year, at
which the unit actually emitted the pollutant during any consecutive 24-
month period selected by the owner or operator within the 5-year period
immediately preceding when the owner or operator begins actual
construction of the project. The Administrator shall allow the use of a
different time period upon a determination that it is more
representative of normal source operation.
(a) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.
(b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above
any emission limitation that was legally enforceable during the
consecutive 24-month period.
(c) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed. A different consecutive 24-month period can be used For each
regulated NSR pollutant.
(d) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
[[Page 26]]
emissions, in tons per year, and for adjusting this amount if required
by paragraph (b)(48)(i)(b) of this section.
(ii) For an existing emissions unit (other than an electric utility
steam generating unit), baseline actual emissions means the average
rate, in tons per year, at which the emissions unit actually emitted the
pollutant during any consecutive 24-month period selected by the owner
or operator within the 10-year period immediately preceding either the
date the owner or operator begins actual construction of the project, or
the date a complete permit application is received by the Administrator
for a permit required under this section or by the reviewing authority
for a permit required by a plan, whichever is earlier, except that the
10-year period shall not include any period earlier than November 15,
1990.
(a) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.
(b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above
an emission limitation that was legally enforceable during the
consecutive 24-month period.
(c) The average rate shall be adjusted downward to exclude any
emissions that would have exceeded an emission limitation with which the
major stationary source must currently comply, had such major stationary
source been required to comply with such limitations during the
consecutive 24-month period. However, if an emission limitation is part
of a maximum achievable control technology standard that the
Administrator proposed or promulgated under part 63 of this chapter, the
baseline actual emissions need only be adjusted if the State has taken
credit for such emissions reductions in an attainment demonstration or
maintenance plan consistent with the requirements of Sec.
51.165(a)(3)(ii)(G) of this chapter.
(d) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to
determine the baseline actual emissions for all the emissions units
being changed. A different consecutive 24-month period can be used For
each regulated NSR pollutant.
(e) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by paragraphs (b)(48)(ii)(b) and (c) of this section.
(iii) For a new emissions unit, the baseline actual emissions for
purposes of determining the emissions increase that will result from the
initial construction and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit's potential to
emit.
(iv) For a PAL for a stationary source, the baseline actual
emissions shall be calculated for existing electric utility steam
generating units in accordance with the procedures contained in
paragraph (b)(48)(i) of this section, for other existing emissions units
in accordance with the procedures contained in paragraph (b)(48)(ii) of
this section, and for a new emissions unit in accordance with the
procedures contained in paragraph (b)(48)(iii) of this section.
(49) Subject to regulation means, for any air pollutant, that the
pollutant is subject to either a provision in the Clean Air Act, or a
nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the
quantity of emissions of that pollutant, and that such a control
requirement has taken effect and is operative to control, limit or
restrict the quantity of emissions of that pollutant released from the
regulated activity. Except that:
(i) Greenhouse gases (GHGs), the air pollutant defined in Sec.
86.1818-12(a) of this chapter as the aggregate group of six greenhouse
gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride, shall not be subject to
regulation except as provided in paragraphs (b)(49)(iv) through (v) of
this section and shall not be subject to regulation if the stationary
source maintains its total source-wide emissions below the GHG PAL
level,
[[Page 27]]
meets the requirements in paragraphs (aa)(1) through (15) of this
section, and complies with the PAL permit containing the GHG PAL.
(ii) For purposes of paragraphs (b)(49)(iii) through (v) of this
section, the term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(a) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of part 98
of this chapter--Global Warming Potentials. For purposes of this
paragraph, prior to July 21, 2014, the mass of the greenhouse gas carbon
dioxide shall not include carbon dioxide emissions resulting from the
combustion or decomposition of non-fossilized and biodegradable organic
material originating from plants, animals, or micro-organisms (including
products, by-products, residues and waste from agriculture, forestry and
related industries as well as the non-fossilized and biodegradable
organic fractions of industrial and municipal wastes, including gases
and liquids recovered from the decomposition of non-fossilized and
biodegradable organic material).
(b) Sum the resultant value from paragraph (b)(49)(ii)(a) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase as used in paragraphs (b)(49)(iv)
through (v) of this section shall mean that both a significant emissions
increase (as calculated using the procedures in paragraph (a)(2)(iv) of
this section) and a significant net emissions increase (as defined in
paragraphs (b)(3) and (b)(23) of this section) occur. For the pollutant
GHGs, an emissions increase shall be based on tpy CO2e, and
shall be calculated assuming the pollutant GHGs is a regulated NSR
pollutant, and ``significant'' is defined as 75,000 tpy CO2e
instead of applying the value in paragraph (b)(23)(ii) of this section.
(iv) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(a) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(b) The stationary source is an existing major stationary source for
a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(50) Regulated NSR pollutant, for purposes of this section, means
the following:
(i) Any pollutant for which a national ambient air quality standard
has been promulgated. This includes, but is not limited to, the
following:
(a) PM2.5 emissions and PM10 emissions shall
include gaseous emissions from a source or activity, which condense to
form particulate matter at ambient temperatures. On or after January 1,
2011, such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations
for PM2.5 and PM10 in PSD permits. Compliance with
emissions limitations for PM2.5 and PM10 issued
prior to this date shall not be based on condensable particulate matter
unless required by the terms and conditions of the permit or the
applicable implementation plan. Applicability determinations made prior
to this date without accounting for condensable particulate matter shall
not be considered in violation of this section unless the applicable
implementation plan required condensable particulate matter to be
included.
(b) Any pollutant identified under this paragraph (b)(50)(i)(b) as a
constituent or precursor for a pollutant for which a national ambient
air quality standard has been promulgated. Precursors identified by the
Administrator for purposes of NSR are the following:
(1) Volatile organic compounds and nitrogen oxides are precursors to
ozone in all attainment and unclassifiable areas.
(2) Sulfur dioxide is a precursor to PM2.5 in all
attainment and unclassifiable areas.
(3) Nitrogen oxides are presumed to be precursors to
PM2.5 in all attainment and unclassifiable areas, unless
[[Page 28]]
the State demonstrates to the Administrator's satisfaction or EPA
demonstrates that emissions of nitrogen oxides from sources in a
specific area are not a significant contributor to that area's ambient
PM2.5 concentrations.
(4) Volatile organic compounds are presumed not to be precursors to
PM2.5 in any attainment or unclassifiable area, unless the
State demonstrates to the Administrator's satisfaction or EPA
demonstrates that emissions of volatile organic compounds from sources
in a specific area are a significant contributor to that area's ambient
PM2.5 concentrations.
(ii) Any pollutant that is subject to any standard promulgated under
section 111 of the Act;
(iii) Any Class I or II substance subject to a standard promulgated
under or established by title VI of the Act;
(iv) Any pollutant that otherwise is subject to regulation under the
Act as defined in paragraph (b)(49) of this section.
(v) Notwithstanding paragraphs (b)(50)(i) through (iv) of this
section, the term regulated NSR pollutant shall not include any or all
hazardous air pollutants either listed in section 112 of the Act, or
added to the list pursuant to section 112(b)(2) of the Act, and which
have not been delisted pursuant to section 112(b)(3) of the Act, unless
the listed hazardous air pollutant is also regulated as a constituent or
precursor of a general pollutant listed under section 108 of the Act.
(51) Reviewing authority means the State air pollution control
agency, local agency, other State agency, Indian tribe, or other agency
authorized by the Administrator to carry out a permit program under
Sec. 51.165 and Sec. 51.166 of this chapter, or the Administrator in
the case of EPA-implemented permit programs under this section.
(52) Project means a physical change in, or change in the method of
operation of, an existing major stationary source.
(53) Lowest achievable emission rate (LAER) is as defined in Sec.
51.165(a)(1)(xiii) of this chapter.
(54) Reasonably available control technology (RACT) is as defined in
Sec. 51.100(o) of this chapter.
(55)(i) In general, process unit means any collection of structures
and/or equipment that processes, assembles, applies, blends, or
otherwise uses material inputs to produce or store an intermediate or a
completed product. A single stationary source may contain more than one
process unit, and a process unit may contain more than one emissions
unit.
(ii) Pollution control equipment is not part of the process unit,
unless it serves a dual function as both process and control equipment.
Administrative and warehousing facilities are not part of the process
unit.
(iii) For replacement cost purposes, components shared between two
or more process units are proportionately allocated based on capacity.
(iv) The following list identifies the process units at specific
categories of stationary sources.
(a) For a steam electric generating facility, the process unit
consists of those portions of the plant that contribute directly to the
production of electricity. For example, at a pulverized coal-fired
facility, the process unit would generally be the combination of those
systems from the coal receiving equipment through the emission stack
(excluding post-combustion pollution controls), including the coal
handling equipment, pulverizers or coal crushers, feedwater heaters, ash
handling, boiler, burners, turbine-generator set, condenser, cooling
tower, water treatment system, air preheaters, and operating control
systems. Each separate generating unit is a separate process unit.
(b) For a petroleum refinery, there are several categories of
process units: those that separate and/or distill petroleum feedstocks;
those that change molecular structures; petroleum treating processes;
auxiliary facilities, such as steam generators and hydrogen production
units; and those that load, unload, blend or store intermediate or
completed products.
(c) For an incinerator, the process unit would consist of components
from the feed pit or refuse pit to the stack, including conveyors,
combustion devices, heat exchangers and steam generators, quench tanks,
and fans.
[[Page 29]]
Note to paragraph (b)(55): By a court order on December 24, 2003,
this paragraph (b)(55) is stayed indefinitely. The stayed provisions
will become effective immediately if the court terminates the stay. At
that time, EPA will publish a document in the Federal Register advising
the public of the termination of the stay.
(56) Functionally equivalent component means a component that serves
the same purpose as the replaced component.
Note to paragraph (b)(56): By a court order on December 24, 2003,
this paragraph (b)(56) is stayed indefinitely. The stayed provisions
will become effective immediately if the court terminates the stay. At
that time, EPA will publish a document in the Federal Register advising
the public of the termination of the stay.
(57) Fixed capital cost means the capital needed to provide all the
depreciable components. ``Depreciable components'' refers to all
components of fixed capital cost and is calculated by subtracting land
and working capital from the total capital investment, as defined in
paragraph (b)(58) of this section.
Note to paragraph (b)(57): By a court order on December 24, 2003,
this paragraph (b)(57) is stayed indefinitely. The stayed provisions
will become effective immediately if the court terminates the stay. At
that time, EPA will publish a document in the Federal Register advising
the public of the termination of the stay.
(58) Total capital investment means the sum of the following: all
costs required to purchase needed process equipment (purchased equipment
costs); the costs of labor and materials for installing that equipment
(direct installation costs); the costs of site preparation and
buildings; other costs such as engineering, construction and field
expenses, fees to contractors, startup and performance tests, and
contingencies (indirect installation costs); land for the process
equipment; and working capital for the process equipment.
Note to paragraph (b)(58): By a court order on December 24, 2003,
this paragraph (b)(58) is stayed indefinitely. The stayed provisions
will become effective immediately if the court terminates the stay. At
that time, EPA will publish a document in the Federal Register advising
the public of the termination of the stay.
(c) Ambient air increments. In areas designated as Class I, II or
III, increases in pollutant concentration over the baseline
concentration shall be limited to the following:
------------------------------------------------------------------------
Maximum allowable
increase
Pollutant (micrograms per
cubic meter)
------------------------------------------------------------------------
Class I Area
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean........................... 1
24-hr maximum.................................... 2
PM10:
Annual arithmetic mean........................... 4
24-hr maximum.................................... 8
Sulfur dioxide:
Annual arithmetic mean........................... 2
24-hr maximum.................................... 5
3-hr maximum..................................... 25
Nitrogen dioxide:
Annual arithmetic mean........................... 2.5
------------------------------------------------------------------------
Class II Area
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean........................... 4
24-hr maximum.................................... 9
PM10:
Annual arithmetic mean........................... 17
24-hr maximum.................................... 30
Sulfur dioxide:
Annual arithmetic mean........................... 20
24-hr maximum.................................... 91
3-hr maximum..................................... 512
Nitrogen dioxide:
Annual arithmetic mean........................... 25
------------------------------------------------------------------------
Class III Area
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean........................... 8
24-hr maximum.................................... 18
PM10:
Annual arithmetic mean........................... 34
24-hr maximum.................................... 60
Sulfur dioxide:
Annual arithmetic mean........................... 40
24-hr maximum.................................... 182
3-hr maximum..................................... 700
Nitrogen dioxide:
Annual arithmetic mean........................... 50
------------------------------------------------------------------------
For any period other than an annual period, the applicable maximum
allowable increase may be exceeded during one such period per year at
any one location.
(d) Ambient air ceilings. No concentration of a pollutant shall
exceed:
(1) The concentration permitted under the national secondary ambient
air quality standard, or
(2) The concentration permitted under the national primary ambient
air quality standard, whichever concentration is lowest for the
pollutant for a period of exposure.
[[Page 30]]
(e) Restrictions on area classifications. (1) All of the following
areas which were in existence on August 7, 1977, shall be Class I areas
and may not be redesignated:
(i) International parks,
(ii) National wilderness areas which exceed 5,000 acres in size,
(iii) National memorial parks which exceed 5,000 acres in size, and
(iv) National parks which exceed 6,000 acres in size.
(2) Areas which were redesignated as Class I under regulations
promulgated before August 7, 1977, shall remain Class I, but may be
redesignated as provided in this section.
(3) Any other area, unless otherwise specified in the legislation
creating such an area, is initially designated Class II, but may be
redesignated as provided in this section.
(4) The following areas may be redesignated only as Class I or II:
(i) An area which as of August 7, 1977, exceeded 10,000 acres in
size and was a national monument, a national primitive area, a national
preserve, a national recreational area, a national wild and scenic
river, a national wildlife refuge, a national lakeshore or seashore; and
(ii) A national park or national wilderness area established after
August 7, 1977, which exceeds 10,000 acres in size.
(f) [Reserved]
(g) Redesignation. (1) All areas (except as otherwise provided under
paragraph (e) of this section) are designated Class II as of December 5,
1974. Redesignation (except as otherwise precluded by paragraph (e) of
this section) may be proposed by the respective States or Indian
Governing Bodies, as provided below, subject to approval by the
Administrator as a revision to the applicable State implementation plan.
(2) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I or Class II provided that:
(i) At least one public hearing has been held in accordance with
procedures established in Sec. 51.102 of this chapter;
(ii) Other States, Indian Governing Bodies, and Federal Land
Managers whose lands may be affected by the proposed redesignation were
notified at least 30 days prior to the public hearing;
(iii) A discussion of the reasons for the proposed redesignation,
including a satisfactory description and analysis of the health,
environmental, economic, social and energy effects of the proposed
redesignation, was prepared and made available for public inspection at
least 30 days prior to the hearing and the notice announcing the hearing
contained appropriate notification of the availability of such
discussion;
(iv) Prior to the issuance of notice respecting the redesignation of
an area that includes any Federal lands, the State has provided written
notice to the appropriate Federal Land Manager and afforded adequate
opportunity (not in excess of 60 days) to confer with the State
respecting the redesignation and to submit written comments and
recommendations. In redesignating any area with respect to which any
Federal Land Manager had submitted written comments and recommendations,
the State shall have published a list of any inconsistency between such
redesignation and such comments and recommendations (together with the
reasons for making such redesignation against the recommendation of the
Federal Land Manager); and
(v) The State has proposed the redesignation after consultation with
the elected leadership of local and other substate general purpose
governments in the area covered by the proposed redesignation.
(3) Any area other than an area to which paragraph (e) of this
section refers may be redesignated as Class III if--
(i) The redesignation would meet the requirements of paragraph
(g)(2) of this section;
(ii) The redesignation, except any established by an Indian
Governing Body, has been specifically approved by the Governor of the
State, after consultation with the appropriate committees of the
legislature, if it is in session, or with the leadership of the
legislature, if it is not in session (unless State law provides that the
redesignation must be specifically approved by State legislation) and if
general purpose units of local government representing a majority of the
residents of the area to be
[[Page 31]]
redesignated enact legislation or pass resolutions concurring in the
redesignation:
(iii) The redesignation would not cause, or contribute to, a
concentration of any air pollutant which would exceed any maximum
allowable increase permitted under the classification of any other area
or any national ambient air quality standard; and
(iv) Any permit application for any major stationary source or major
modification, subject to review under paragraph (l) of this section,
which could receive a permit under this section only if the area in
question were redesignated as Class III, and any material submitted as
part of that application, were available insofar as was practicable for
public inspection prior to any public hearing on redesignation of the
area as Class III.
(4) Lands within the exterior boundaries of Indian Reservations may
be redesignated only by the appropriate Indian Governing Body. The
appropriate Indian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or Class III: Provided,
That:
(i) The Indian Governing Body has followed procedures equivalent to
those required of a State under paragraphs (g)(2), (g)(3)(iii), and
(g)(3)(iv) of this section; and
(ii) Such redesignation is proposed after consultation with the
State(s) in which the Indian Reservation is located and which border the
Indian Reservation.
(5) The Administrator shall disapprove, within 90 days of
submission, a proposed redesignation of any area only if he finds, after
notice and opportunity for public hearing, that such redesignation does
not meet the procedural requirements of this paragraph or is
inconsistent with paragraph (e) of this section. If any such disapproval
occurs, the classification of the area shall be that which was in effect
prior to the redesignation which was disapproved.
(6) If the Administrator disapproves any proposed redesignation, the
State or Indian Governing Body, as appropriate, may resubmit the
proposal after correcting the deficiencies noted by the Administrator.
(h) Stack heights. (1) The degree of emission limitation required
for control of any air pollutant under this section shall not be
affected in any manner by--
(i) So much of the stack height of any source as exceeds good
engineering practice, or
(ii) Any other dispersion technique.
(2) Paragraph (h)(1) of this section shall not apply with respect to
stack heights in existence before December 31, 1970, or to dispersion
techniques implemented before then.
(i) Exemptions. (1) The requirements of paragraphs (j) through (r)
of this section shall not apply to a particular major stationary source
or major modification, if;
(i) Construction commenced on the source or modification before
August 7, 1977. The regulations at 40 CFR 52.21 as in effect before
August 7, 1977, shall govern the review and permitting of any such
source or modification; or
(ii) The source or modification was subject to the review
requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978,
and the owner or operator:
(a) Obtained under 40 CFR 52.21 a final approval effective before
March 1, 1978;
(b) Commenced construction before March 19, 1979; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable time; or
(iii) The source or modification was subject to 40 CFR 52.21 as in
effect before March 1, 1978, and the review of an application for
approval for the stationary source or modification under 40 CFR 52.21
would have been completed by March 1, 1978, but for an extension of the
public comment period pursuant to a request for such an extension. In
such a case, the application shall continue to be processed, and granted
or denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or
(iv) The source or modification was not subject to 40 CFR 52.21 as
in effect before March 1, 1978, and the owner or operator:
(a) Obtained all final Federal, state and local preconstruction
approvals or permits necessary under the applicable
[[Page 32]]
State Implementation Plan before March 1, 1978;
(b) Commenced construction before March 19, 1979; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable time; or
(v) The source or modification was not subject to 40 CFR 52.21 as in
effect on June 19, 1978 or under the partial stay of regulations
published on February 5, 1980 (45 FR 7800), and the owner or operator:
(a) Obtained all final Federal, state and local preconstruction
approvals or permits necessary under the applicable State Implementation
Plan before August 7, 1980;
(b) Commenced construction within 18 months from August 7, 1980, or
any earlier time required under the applicable State Implementation
Plan; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable time; or
(vi) The source or modification would be a nonprofit health or
nonprofit educational institution, or a major modification would occur
at such an institution, and the governor of the state in which the
source or modification would be located requests that it be exempt from
those requirements; or
(vii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input;
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
(viii) The source is a portable stationary source which has
previously received a permit under this section, and
(a) The owner or operator proposes to relocate the source and
emissions of the source at the new location would be temporary; and
(b) The emissions from the source would not exceed its allowable
emissions; and
(c) The emissions from the source would impact no Class I area and
no area where an applicable increment is known to be violated; and
(d) Reasonable notice is given to the Administrator prior to the
relocation identifying the proposed new location and the probable
duration of operation at the new location. Such notice shall be given to
the Administrator not less than 10 days in advance of the proposed
relocation unless a different time duration is previously approved by
the Administrator.
[[Page 33]]
(ix) The source or modification was not subject to Sec. 52.21, with
respect to particulate matter, as in effect before July 31, 1987, and
the owner or operator:
(a) Obtained all final Federal, State, and local preconstruction
approvals or permits necessary under the applicable State implementation
plan before July 31, 1987;
(b) Commenced construction within 18 months after July 31, 1987, or
any earlier time required under the State implementation plan; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable period of time.
(x) The source or modification was subject to 40 CFR 52.21, with
respect to particulate matter, as in effect before July 31, 1987 and the
owner or operator submitted an application for a permit under this
section before that date, and the Administrator subsequently determines
that the application as submitted was complete with respect to the
particular matter requirements then in effect in the section. Instead,
the requirements of paragraphs (j) through (r) of this section that were
in effect before July 31, 1987 shall apply to such source or
modification.
(2) The requirements of paragraphs (j) through (r) of this section
shall not apply to a major stationary source or major modification with
respect to a particular pollutant if the owner or operator demonstrates
that, as to that pollutant, the source or modification is located in an
area designated as nonattainment under section 107 of the Act.
Nonattainment designations for revoked NAAQS, as contained in 40 CFR
part 81, shall not be viewed as current designations under section 107
of the Act for purposes of determining the applicability of paragraphs
(j) through (r) of this section to a major stationary source or major
modification after the revocation of that NAAQS is effective.
(3) The requirements of paragraphs (k), (m) and (o) of this section
shall not apply to a major stationary source or major modification with
respect to a particular pollutant, if the allowable emissions of that
pollutant from the source, or the net emissions increase of that
pollutant from the modification:
(i) Would impact no Class I area and no area where an applicable
increment is known to be violated, and
(ii) Would be temporary.
(4) The requirements of paragraphs (k), (m) and (o) of this section
as they relate to any maximum allowable increase for a Class II area
shall not apply to a major modification at a stationary source that was
in existence on March 1, 1978, if the net increase in allowable
emissions of each regulated NSR pollutant from the modification after
the application of best available control technology would be less than
50 tons per year.
(5) The Administrator may exempt a stationary source or modification
from the requirements of paragraph (m) of this section, with respect to
monitoring for a particular pollutant if:
(i) The emissions increase of the pollutant from the new source or
the net emissions increase of the pollutant from the modification would
cause, in any area, air quality impacts less than the following amounts:
(a) Carbon monoxide--575 [micro]g/m\3\, 8-hour average;
(b) Nitrogen dioxide--14 [micro]g/m\3\, annual average;
(c) PM2.5--0 [micro]g/m\3\;
(c) Note to paragraph (i)(5)(i)(c): In accordance with Sierra Club
v. EPA, 706 F.3d 428 (DC Cir. 2013), no exemption is available with
regard to PM2.5.
(d) PM10--10 [micro]g/m\3\, 24-hour average;
(e) Sulfur dioxide--13 [micro]g/m\3\, 24-hour average;
(f) Ozone;
(g) Lead--0.1 [micro]g/m\3\, 3-month average;
(h) Fluorides--0.25 [micro]g/m\3\, 24-hour average;
(i) Total reduced sulfur--10 [micro]g/m\3\, 1-hour average;
(j) Hydrogen sulfide--0.2 [micro]g/m\3\, 1-hour average;
(k) Reduced sulfur compounds--10 [micro]g/m\3\, 1-hour average; or
Note to paragraph (c)(50)(i)(f): No de minimis air quality level is
provided for ozone. However, any net emissions increase of 100 tons per
year or more of volatile organic compounds or nitrogen oxides subject to
PSD would be required to perform an ambient impact analysis, including
the gathering of ambient air quality data.
(ii) The concentrations of the pollutant in the area that the source
or modification would affect are less than
[[Page 34]]
the concentrations listed in paragraph (i)(5)(i) of this section; or
(iii) The pollutant is not listed in paragraph (i)(5)(i) of this
section.
(6) The requirements for best available control technology in
paragraph (j) of this section and the requirements for air quality
analyses in paragraph (m)(1) of this section, shall not apply to a
particular stationary source or modification that was subject to 40 CFR
52.21 as in effect on June 19, 1978, if the owner or operator of the
source or modification submitted an application for a permit under those
regulations before August 7, 1980, and the Administrator subsequently
determines that the application as submitted before that date was
complete. Instead, the requirements at 40 CFR 52.21(j) and (n) as in
effect on June 19, 1978 apply to any such source or modification.
(7)(i) The requirements for air quality monitoring in paragraphs
(m)(1) (ii) through (iv) of this section shall not apply to a particular
source or modification that was subject to 40 CFR 52.21 as in effect on
June 19, 1978, if the owner or operator of the source or modification
submits an application for a permit under this section on or before June
8, 1981, and the Administrator subsequently determines that the
application as submitted before that date was complete with respect to
the requirements of this section other than those in paragraphs (m)(1)
(ii) through (iv) of this section, and with respect to the requirements
for such analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978.
Instead, the latter requirements shall apply to any such source or
modification.
(ii) The requirements for air quality monitoring in paragraphs
(m)(1) (ii) through (iv) of this section shall not apply to a particular
source or modification that was not subject to 40 CFR 52.21 as in effect
on June 19, 1978, if the owner or operator of the source or modification
submits an application for a permit under this section on or before June
8, 1981, and the Administrator subsequently determines that the
application as submitted before that date was complete, except with
respect to the requirements in paragraphs (m)(1) (ii) through (iv).
(8)(i) At the discretion of the Administrator, the requirements for
air quality monitoring of PM10 in paragraphs (m)(1) (i)-(iv)
of this section may not apply to a particular source or modification
when the owner or operator of the source or modification submits an
application for a permit under this section on or before June 1, 1988
and the Administrator subsequently determines that the application as
submitted before that date was complete, except with respect to the
requirements for monitoring particulate matter in paragraphs (m)(1) (i)-
(iv).
(ii) The requirements for air quality monitoring pf PM10
in paragraphs (m)(1), (ii) and (iv) and (m)(3) of this section shall
apply to a particular source or modification if the owner or operator of
the source or modification submits an application for a permit under
this section after June 1, 1988 and no later than December 1, 1988. The
data shall have been gathered over at least the period from February 1,
1988 to the date the application becomes otherwise complete in
accordance with the provisions set forth under paragraph (m)(1)(viii) of
this section, except that if the Administrator determines that a
complete and adequate analysis can be accomplished with monitoring data
over a shorter period (not to be less than 4 months), the data that
paragraph (m)(1)(iii) requires shall have been gathered over a shorter
period.
(9) The requirements of paragraph (k)(1)(ii) of this section shall
not apply to a stationary source or modification with respect to any
maximum allowable increase for nitrogen oxides if the owner or operator
of the source or modification submitted an application for a permit
under this section before the provisions embodying the maximum allowable
increase took effect as part of the applicable implementation plan and
the Administrator subsequently determined that the application as
submitted before that date was complete.
(10) The requirements in paragraph (k)(1)(ii) of this section shall
not apply to a stationary source or modification with respect to any
maximum allowable increase for PM-10 if (i) the owner
[[Page 35]]
or operator of the source or modification submitted an application for a
permit under this section before the provisions embodying the maximum
allowable increases for PM-10 took effect in an implementation plan to
which this section applies, and (ii) the Administrator subsequently
determined that the application as submitted before that date was
otherwise complete. Instead, the requirements in paragraph (k)(1)(ii)
shall apply with respect to the maximum allowable increases for TSP as
in effect on the date the application was submitted.
(11) The requirements of paragraph (k)(1) of this section shall not
apply to a stationary source or modification with respect to the
national ambient air quality standards for PM2.5 in effect on
March 18, 2013 if:
(i) The Administrator has determined a permit application subject to
this section to be complete on or before December 14, 2012. Instead, the
requirements in paragraph (k)(1) of this section shall apply with
respect to the national ambient air quality standards for
PM2.5 in effect at the time the Administrator determined the
permit application to be complete; or
(ii) The Administrator has first published before March 18, 2013 a
public notice that a draft permit subject to this section has been
prepared. Instead, the requirements in paragraph (k)(1) of this section
shall apply with respect to the national ambient air quality standards
for PM2.5 in effect on the date the Administrator first
published a public notice that a draft permit has been prepared.
(12) The requirements of paragraph (k)(1) of this section shall not
apply to a permit application for a stationary source or modification
with respect to the revised national ambient air quality standards for
ozone published on October 26, 2015 if:
(i) The Administrator has determined the permit application subject
to this section to be complete on or before October 1, 2015. Instead,
the requirements in paragraph (k)(1) of this section shall apply with
respect to the national ambient air quality standards for ozone in
effect at the time the Administrator determined the permit application
to be complete; or
(ii) The Administrator has first published before December 28, 2015
a public notice of a preliminary determination or draft permit for the
permit application subject to this section. Instead, the requirements in
paragraph (k)(1) of this section shall apply with respect to the
national ambient air quality standards for ozone in effect on the date
the Administrator first published a public notice of a preliminary
determination or draft permit.
(j) Control technology review. (1) A major stationary source or
major modification shall meet each applicable emissions limitation under
the State Implementation Plan and each applicable emissions standard and
standard of performance under 40 CFR parts 60 and 61.
(2) A new major stationary source shall apply best available control
technology for each regulated NSR pollutant that it would have the
potential to emit in significant amounts.
(3) A major modification shall apply best available control
technology for each regulated NSR pollutant for which it would result in
a significant net emissions increase at the source. This requirement
applies to each proposed emissions unit at which a net emissions
increase in the pollutant would occur as a result of a physical change
or change in the method of operation in the unit.
(4) For phased construction projects, the determination of best
available control technology shall be reviewed and modified as
appropriate at the latest reasonable time which occurs no later than 18
months prior to commencement of construction of each independent phase
of the project. At such time, the owner or operator of the applicable
stationary source may be required to demonstrate the adequacy of any
previous determination of best available control technology for the
source.
(k) Source impact analysis--(1) Required demonstration. The owner or
operator of the proposed source or modification shall demonstrate that
allowable emission increases from the proposed source or modification,
in conjunction with all other applicable emissions increases or
reductions (including secondary emissions), would
[[Page 36]]
not cause or contribute to air pollution in violation of:
(i) Any national ambient air quality standard in any air quality
control region; or
(ii) Any applicable maximum allowable increase over the baseline
concentration in any area.
(2) [Reserved]
(l) Air quality models. (1) All estimates of ambient concentrations
required under this paragraph shall be based on applicable air quality
models, data bases, and other requirements specified in appendix W of
part 51 of this chapter (Guideline on Air Quality Models).
(2) Where an air quality model specified in appendix W of part 51 of
this chapter (Guideline on Air Quality Models) is inappropriate, the
model may be modified or another model substituted. Such a modification
or substitution of a model may be made on a case-by-case basis or, where
appropriate, on a generic basis for a specific state program. Written
approval of the Administrator must be obtained for any modification or
substitution. In addition, use of a modified or substituted model must
be subject to notice and opportunity for public comment under procedures
developed in accordance with paragraph (q) of this section.
(m) Air quality analysis--(1) Preapplication analysis. (i) Any
application for a permit under this section shall contain an analysis of
ambient air quality in the area that the major stationary source or
major modification would affect for each of the following pollutants:
(a) For the source, each pollutant that it would have the potential
to omit in a significant amount;
(b) For the modification, each pollutant for which it would result
in a significant net emissions increase.
(ii) With respect to any such pollutant for which no National
Ambient Air Quality Standard exists, the analysis shall contain such air
quality monitoring data as the Administrator determines is necessary to
assess ambient air quality for that pollutant in any area that the
emissions of that pollutant would affect.
(iii) With respect to any such pollutant (other than nonmethane
hydrocarbons) for which such a standard does exist, the analysis shall
contain continuous air quality monitoring data gathered for purposes of
determining whether emissions of that pollutant would cause or
contribute to a violation of the standard or any maximum allowable
increase.
(iv) In general, the continuous air quality monitoring data that is
required shall have been gathered over a period of at least one year and
shall represent at least the year preceding receipt of the application,
except that, if the Administrator determines that a complete and
adequate analysis can be accomplished with monitoring data gathered over
a period shorter than one year (but not to be less than four months),
the data that is required shall have been gathered over at least that
shorter period.
(v) For any application which becomes complete, except as to the
requirements of paragraphs (m)(1) (iii) and (iv) of this section,
between June 8, 1981, and February 9, 1982, the data that paragraph
(m)(1)(iii) of this section, requires shall have been gathered over at
least the period from February 9, 1981, to the date the application
becomes otherwise complete, except that:
(a) If the source or modification would have been major for that
pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any
monitoring data shall have been gathered over at least the period
required by those regulations.
(b) If the Administrator determines that a complete and adequate
analysis can be accomplished with monitoring data over a shorter period
(not to be less than four months), the data that paragraph (m)(1)(iii)
of this section, requires shall have been gathered over at least that
shorter period.
(c) If the monitoring data would relate exclusively to ozone and
would not have been required under 40 CFR 52.21 as in effect on June 19,
1978, the Administrator may waive the otherwise applicable requirements
of this paragraph (v) to the extent that the applicant shows that the
monitoring data would be unrepresentative of air quality over a full
year.
(vi) The owner or operator of a proposed stationary source or
modification of volatile organic compounds who
[[Page 37]]
satisfies all conditions of 40 CFR part 51 Appendix S, section IV may
provide post-approval monitoring data for ozone in lieu of providing
preconstruction data as required under paragraph (m)(1) of this section.
(vii) For any application that becomes complete, except as to the
requirements of paragraphs (m)(1) (iii) and (iv) pertaining to
PM10, after December 1, 1988 and no later than August 1, 1989
the data that paragraph (m)(1)(iii) requires shall have been gathered
over at least the period from August 1, 1988 to the date the application
becomes otherwise complete, except that if the Administrator determines
that a complete and adequate analysis can be accomplished with
monitoring data over a shorter period (not to be less than 4 months),
the data that paragraph (m)(1)(iii) requires shall have been gathered
over that shorter period.
(viii) With respect to any requirements for air quality monitoring
of PM10 under paragraphs (i)(11) (i) and (ii) of this section
the owner or operator of the source or modification shall use a
monitoring method approved by the Administrator and shall estimate the
ambient concentrations of PM10 using the data collected by
such approved monitoring method in accordance with estimating procedures
approved by the Administrator.
(2) Post-construction monitoring. The owner or operator of a major
stationary source or major modification shall, after construction of the
stationary source or modification, conduct such ambient monitoring as
the Administrator determines is necessary to determine the effect
emissions from the stationary source or modification may have, or are
having, on air quality in any area.
(3) Operations of monitoring stations. The owner or operator of a
major stationary source or major modification shall meet the
requirements of Appendix B to part 58 of this chapter during the
operation of monitoring stations for purposes of satisfying paragraph
(m) of this section.
(n) Source information. The owner or operator of a proposed source
or modification shall submit all information necessary to perform any
analysis or make any determination required under this section.
(1) With respect to a source or modification to which paragraphs
(j), (l), (n) and (p) of this section apply, such information shall
include:
(i) A description of the nature, location, design capacity, and
typical operating schedule of the source or modification, including
specifications and drawings showing its design and plant layout;
(ii) A detailed schedule for construction of the source or
modification;
(iii) A detailed description as to what system of continuous
emission reduction is planned for the source or modification, emission
estimates, and any other information necessary to determine that best
available control technology would be applied.
(2) Upon request of the Administrator, the owner or operator shall
also provide information on:
(i) The air quality impact of the source or modification, including
meteorological and topographical data necessary to estimate such impact;
and
(ii) The air quality impacts, and the nature and extent of any or
all general commercial, residential, industrial, and other growth which
has occurred since August 7, 1977, in the area the source or
modification would affect.
(o) Additional impact analyses. (1) The owner or operator shall
provide an analysis of the impairment to visibility, soils and
vegetation that would occur as a result of the source or modification
and general commercial, residential, industrial and other growth
associated with the source or modification. The owner or operator need
not provide an analysis of the impact on vegetation having no
significant commercial or recreational value.
(2) The owner or operator shall provide an analysis of the air
quality impact projected for the area as a result of general commercial,
residential, industrial and other growth associated with the source or
modification.
(3) Visibility monitoring. The Administrator may require monitoring
of visibility in any Federal class I area near the proposed new
stationary source for major modification for such purposes
[[Page 38]]
and by such means as the Administrator deems necessary and appropriate.
(p) Sources impacting Federal Class I areas--additional
requirements--(1) Notice to Federal land managers. The Administrator
shall provide written notice of any permit application for a proposed
major stationary source or major modification, the emissions from which
may affect a Class I area, to the Federal land manager and the Federal
official charged with direct responsibility for management of any lands
within any such area. Such notification shall include a copy of all
information relevant to the permit application and shall be given within
30 days of receipt and at least 60 days prior to any public hearing on
the application for a permit to construct. Such notification shall
include an analysis of the proposed source's anticipated impacts on
visibility in the Federal Class I area. The Administrator shall also
provide the Federal land manager and such Federal officials with a copy
of the preliminary determination required under paragraph (q) of this
section, and shall make available to them any materials used in making
that determination, promptly after the Administrator makes such
determination. Finally, the Administrator shall also notify all affected
Federal land managers within 30 days of receipt of any advance
notification of any such permit application.
(2) Federal Land Manager. The Federal Land Manager and the Federal
official charged with direct responsibility for management of such lands
have an affirmative responsibility to protect the air quality related
values (including visibility) of such lands and to consider, in
consultation with the Administrator, whether a proposed source or
modification will have an adverse impact on such values.
(3) Visibility analysis. The Administrator shall consider any
analysis performed by the Federal land manager, provided within 30 days
of the notification required by paragraph (p)(1) of this section, that
shows that a proposed new major stationary source or major modification
may have an adverse impact on visibility in any Federal Class I area.
Where the Administrator finds that such an analysis does not demonstrate
to the satisfaction of the Administrator that an adverse impact on
visibility will result in the Federal Class I area, the Administrator
must, in the notice of public hearing on the permit application, either
explain his decision or give notice as to where the explanation can be
obtained.
(4) Denial--impact on air quality related values. The Federal Land
Manager of any such lands may demonstrate to the Administrator that the
emissions from a proposed source or modification would have an adverse
impact on the air quality-related values (including visibility) of those
lands, notwithstanding that the change in air quality resulting from
emissions from such source or modification would not cause or contribute
to concentrations which would exceed the maximum allowable increases for
a Class I area. If the Administrator concurs with such demonstration,
then he shall not issue the permit.
(5) Class I variances. The owner or operator of a proposed source or
modification may demonstrate to the Federal Land Manager that the
emissions from such source or modification would have no adverse impact
on the air quality related values of any such lands (including
visibility), notwithstanding that the change in air quality resulting
from emissions from such source or modification would cause or
contribute to concentrations which would exceed the maximum allowable
increases for a Class I area. If the Federal land manager concurs with
such demonstration and he so certifies, the State may authorize the
Administrator: Provided, That the applicable requirements of this
section are otherwise met, to issue the permit with such emission
limitations as may be necessary to assure that emissions of sulfur
dioxide, PM2.5, PM10, and nitrogen oxides would
not exceed the following maximum allowable increases over minor source
baseline concentration for such pollutants:
------------------------------------------------------------------------
Maximum allowable
increase
Pollutant (micrograms per
cubic meter)
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean........................... 4
24-hr maximum.................................... 9
[[Page 39]]
PM10:
Annual arithmetic mean........................... 17
24-hr maximum.................................... 30
Sulfur dioxide:
Annual arithmetic mean........................... 20
24-hr maximum.................................... 91
3-hr maximum..................................... 325
Nitrogen dioxide:
Annual arithmetic mean........................... 25
------------------------------------------------------------------------
(6) Sulfur dioxide variance by Governor with Federal Land Manager's
concurrence. The owner or operator of a proposed source or modification
which cannot be approved under paragraph (q)(4) of this section may
demonstrate to the Governor that the source cannot be constructed by
reason of any maximum allowable increase for sulfur dioxide for a period
of twenty-four hours or less applicable to any Class I area and, in the
case of Federal mandatory Class I areas, that a variance under this
clause would not adversely affect the air quality related values of the
area (including visibility). The Governor, after consideration of the
Federal Land Manager's recommendation (if any) and subject to his
concurrence, may, after notice and public hearing, grant a variance from
such maximum allowable increase. If such variance is granted, the
Administrator shall issue a permit to such source or modification
pursuant to the requirements of paragraph (q)(7) of this section:
Provided, That the applicable requirements of this section are otherwise
met.
(7) Variance by the Governor with the President's concurrence. In
any case where the Governor recommends a variance in which the Federal
Land Manager does not concur, the recommendations of the Governor and
the Federal Land Manager shall be transmitted to the President. The
President may approve the Governor's recommendation if he finds that the
variance is in the national interest. If the variance is approved, the
Administrator shall issue a permit pursuant to the requirements of
paragraph (q)(7) of this section: Provided, That the applicable
requirements of this section are otherwise met.
(8) Emission limitations for Presidential or gubernatorial variance.
In the case of a permit issued pursuant to paragraph (q) (5) or (6) of
this section the source or modification shall comply with such emission
limitations as may be necessary to assure that emissions of sulfur
dioxide from the source or modification would not (during any day on
which the otherwise applicable maximum allowable increases are exceeded)
cause or contribute to concentrations which would exceed the following
maximum allowable increases over the baseline concentration and to
assure that such emissions would not cause or contribute to
concentrations which exceed the otherwise applicable maximum allowable
increases for periods of exposure of 24 hours or less for more than 18
days, not necessarily consecutive, during any annual period:
Maximum Allowable Increase
[Micrograms per cubic meter]
------------------------------------------------------------------------
Terrain areas
Period of exposure -------------------
Low High
------------------------------------------------------------------------
24-hr maximum....................................... 36 62
3-hr maximum........................................ 130 221
------------------------------------------------------------------------
(q) Public participation. The administrator shall follow the
applicable procedures of 40 CFR part 124 in processing applications
under this section.
(r) Source obligation. (1) Any owner or operator who constructs or
operates a source or modification not in accordance with the application
submitted pursuant to this section or with the terms of any approval to
construct, or any owner or operator of a source or modification subject
to this section who commences construction after the effective date of
these regulations without applying for and receiving approval hereunder,
shall be subject to appropriate enforcement action.
(2) Approval to construct shall become invalid if construction is
not commenced within 18 months after receipt of such approval, if
construction is discontinued for a period of 18 months or more, or if
construction is not completed within a reasonable time. The
Administrator may extend the 18-month period upon a satisfactory showing
that an extension is justified. This provision does not apply to the
time period between construction
[[Page 40]]
of the approved phases of a phased construction project; each phase must
commence construction within 18 months of the projected and approved
commencement date.
(3) Approval to construct shall not relieve any owner or operator of
the responsibility to comply fully with applicable provisions of the
State implementation plan and any other requirements under local, State,
or Federal law.
(4) At such time that a particular source or modification becomes a
major stationary source or major modification solely by virtue of a
relaxation in any enforceable limitation which was established after
August 7, 1980, on the capacity of the source or modification otherwise
to emit a pollutant, such as a restriction on hours of operation, then
the requirements or paragraphs (j) through (s) of this section shall
apply to the source or modification as though construction had not yet
commenced on the source or modification.
(5) [Reserved]
(6) Except as otherwise provided in paragraph (r)(6)(vi)(b) of this
section, the provisions of this paragraph (r)(6) apply with respect to
any regulated NSR pollutant emitted from projects at existing emissions
units at a major stationary source (other than projects at a source with
a PAL) in circumstances where there is a reasonable possibility, within
the meaning of paragraph (r)(6)(vi) of this section, that a project that
is not a part of a major modification may result in a significant
emissions increase of such pollutant, and the owner or operator elects
to use the method specified in paragraphs (b)(41)(ii)(a) through (c) of
this section for calculating projected actual emissions.
(i) Before beginning actual construction of the project, the owner
or operator shall document and maintain a record of the following
information:
(a) A description of the project;
(b) Identification of the emissions unit(s) whose emissions of a
regulated NSR pollutant could be affected by the project; and
(c) A description of the applicability test used to determine that
the project is not a major modification for any regulated NSR pollutant,
including the baseline actual emissions, the projected actual emissions,
the amount of emissions excluded under paragraph (b)(41)(ii)(c) of this
section and an explanation for why such amount was excluded, and any
netting calculations, if applicable.
(ii) If the emissions unit is an existing electric utility steam
generating unit, before beginning actual construction, the owner or
operator shall provide a copy of the information set out in paragraph
(r)(6)(i) of this section to the Administrator. Nothing in this
paragraph (r)(6)(ii) shall be construed to require the owner or operator
of such a unit to obtain any determination from the Administrator before
beginning actual construction.
(iii) The owner or operator shall monitor the emissions of any
regulated NSR pollutant that could increase as a result of the project
and that is emitted by any emissions unit identified in paragraph
(r)(6)(i)(b) of this section; and calculate and maintain a record of the
annual emissions, in tons per year on a calendar year basis, for a
period of 5 years following resumption of regular operations after the
change, or for a period of 10 years following resumption of regular
operations after the change if the project increases the design capacity
or potential to emit that regulated NSR pollutant at such emissions
unit.
(iv) If the unit is an existing electric utility steam generating
unit, the owner or operator shall submit a report to the Administrator
within 60 days after the end of each year during which records must be
generated under paragraph (r)(6)(iii) of this section setting out the
unit's annual emissions during the calendar year that preceded
submission of the report.
(v) If the unit is an existing unit other than an electric utility
steam generating unit, the owner or operator shall submit a report to
the Administrator if the annual emissions, in tons per year, from the
project identified in paragraph (r)(6)(i) of this section, exceed the
baseline actual emissions (as documented and maintained pursuant to
paragraph (r)(6)(i)(c) of this section), by a significant amount (as
defined in paragraph (b)(23) of this section) for
[[Page 41]]
that regulated NSR pollutant, and if such emissions differ from the
preconstruction projection as documented and maintained pursuant to
paragraph (r)(6)(i)(c) of this section. Such report shall be submitted
to the Administrator within 60 days after the end of such year. The
report shall contain the following:
(a) The name, address and telephone number of the major stationary
source;
(b) The annual emissions as calculated pursuant to paragraph
(r)(6)(iii) of this section; and
(c) Any other information that the owner or operator wishes to
include in the report (e.g., an explanation as to why the emissions
differ from the preconstruction projection).
(vi) A ``reasonable possibility'' under paragraph (r)(6) of this
section occurs when the owner or operator calculates the project to
result in either:
(a) A projected actual emissions increase of at least 50 percent of
the amount that is a ``significant emissions increase,'' as defined
under paragraph (b)(40) of this section (without reference to the amount
that is a significant net emissions increase), for the regulated NSR
pollutant; or
(b) A projected actual emissions increase that, added to the amount
of emissions excluded under paragraph (b)(41)(ii)(c) of this section,
sums to at least 50 percent of the amount that is a ``significant
emissions increase,'' as defined under paragraph (b)(40) of this section
(without reference to the amount that is a significant net emissions
increase), for the regulated NSR pollutant. For a project for which a
reasonable possibility occurs only within the meaning of paragraph
(r)(6)(vi)(b) of this section, and not also within the meaning of
paragraph (r)(6)(vi)(a) of this section, then provisions (r)(6)(ii)
through (v) do not apply to the project.
(7) The owner or operator of the source shall make the information
required to be documented and maintained pursuant to paragraph (r)(6) of
this section available for review upon a request for inspection by the
Administrator or the general public pursuant to the requirements
contained in Sec. 70.4(b)(3)(viii) of this chapter.
(s) Environmental impact statements. Whenever any proposed source or
modification is subject to action by a Federal Agency which might
necessitate preparation of an environmental impact statement pursuant to
the National Environmental Policy Act (42 U.S.C. 4321), review by the
Administrator conducted pursuant to this section shall be coordinated
with the broad environmental reviews under that Act and under section
309 of the Clean Air Act to the maximum extent feasible and reasonable.
(t) Disputed permits or redesignations. If any State affected by the
redesignation of an area by an Indian Governing Body, or any Indian
Governing Body of a tribe affected by the redesignation of an area by a
State, disagrees with such redesignation, or if a permit is proposed to
be issued for any major stationary source or major modification proposed
for construction in any State which the Governor of an affected State or
Indian Governing Body of an affected tribe determines will cause or
contribute to a cumulative change in air quality in excess of that
allowed in this part within the affected State or Indian Reservation,
the Governor or Indian Governing Body may request the Administrator to
enter into negotiations with the parties involved to resolve such
dispute. If requested by any State or Indian Governing Body involved,
the Administrator shall make a recommendation to resolve the dispute and
protect the air quality related values of the lands involved. If the
parties involved do not reach agreement, the Administrator shall resolve
the dispute and his determination, or the results of agreements reached
through other means, shall become part of the applicable State
implementation plan and shall be enforceable as part of such plan. In
resolving such disputes relating to area redesignation, the
Administrator shall consider the extent to which the lands involved are
of sufficient size to allow effective air quality management or have air
quality related values of such an area.
(u) Delegation of authority. (1) The Administrator shall have the
authority to delegate his responsibility for conducting source review
pursuant to this
[[Page 42]]
section, in accordance with paragraph (u)(2) of this section.
(2) Where the Administrator delegates the responsibility for
conducting source review under this section to any agency other than a
Regional Office of the Environmental Protection Agency, the following
provisions shall apply:
(i) Where the delegate agency is not an air pollution control
agency, it shall consult with the appropriate state, tribe, and local
air pollution control agency prior to making any determination under
this section. Similarly, where the delegate agency does not have
continuing responsibility for managing land use, it shall consult with
the appropriate state, tribe, and local agency primarily responsible for
managing land use prior to making any determination under this section.
(ii) The delegate agency shall send a copy of any public comment
notice required under paragraph (r) of this section to the Administrator
through the appropriate Regional Office.
(3) In the case of a source or modification which proposes to
construct in a class III area, emissions from which would cause or
contribute to air quality exceeding the maximum allowable increase
applicable if the area were designated a class II area, and where no
standard under section 111 of the act has been promulgated for such
source category, the Administrator must approve the determination of
best available control technology as set forth in the permit.
(v) Innovative control technology. (1) An owner or operator of a
proposed major stationary source or major modification may request the
Administrator in writing no later than the close of the comment period
under 40 CFR 124.10 to approve a system of innovative control
technology.
(2) The Administrator shall, with the consent of the governor(s) of
the affected state(s), determine that the source or modification may
employ a system of innovative control technology, if:
(i) The proposed control system would not cause or contribute to an
unreasonable risk to public health, welfare, or safety in its operation
or function;
(ii) The owner or operator agrees to achieve a level of continuous
emissions reduction equivalent to that which would have been required
under paragraph (j)(2) of this section, by a date specified by the
Administrator. Such date shall not be later than 4 years from the time
of startup or 7 years from permit issuance;
(iii) The source or modification would meet the requirements of
paragraphs (j) and (k) of this section, based on the emissions rate that
the stationary source employing the system of innovative control
technology would be required to meet on the date specified by the
Administrator;
(iv) The source or modification would not before the date specified
by the Administrator:
(a) Cause or contribute to a violation of an applicable national
ambient air quality standard; or
(b) Impact any area where an applicable increment is known to be
violated; and
(v) All other applicable requirements including those for public
participation have been met.
(vi) The provisions of paragraph (p) of this section (relating to
Class I areas) have been satisfied with respect to all periods during
the life of the source or modification.
(3) The Administrator shall withdraw any approval to employ a system
of innovative control technology made under this section, if:
(i) The proposed system fails by the specified date to achieve the
required continuous emissions reduction rate; or
(ii) The proposed system fails before the specified date so as to
contribute to an unreasonable risk to public health, welfare, or safety;
or
(iii) The Administrator decides at any time that the proposed system
is unlikely to achieve the required level of control or to protect the
public health, welfare, or safety.
(4) If a source or modification fails to meet the required level of
continuous emission reduction within the specified time period or the
approval is withdrawn in accordance with paragraph (v)(3) of this
section, the Administrator may allow the source or modification up to an
additional 3 years to meet the
[[Page 43]]
requirement for the application of best available control technology
through use of a demonstrated system of control.
(w) Permit rescission. (1) Any permit issued under this section or a
prior version of this section shall remain in effect, unless and until
it expires under paragraph (r) of this section or is rescinded under
this paragraph (w).
(2) An owner or operator of a stationary source or modification who
holds a permit issued under this section for the construction of a new
source or modification that meets the requirement in paragraph (w)(3) of
this section may request that the Administrator rescind the permit or a
particular portion of the permit.
(3) The Administrator may grant an application for rescission if the
application shows that this section would not apply to the source or
modification.
(4) If the Administrator rescinds a permit under this paragraph, the
Administrator shall post a notice of the rescission determination on a
public Web site identified by the Administrator within 60 days of the
rescission.
(x)-(z) [Reserved]
(aa) Actuals PALs. The provisions in paragraphs (aa)(1) through (15)
of this section govern actuals PALs.
(1) Applicability. (i) The Administrator may approve the use of an
actuals PAL, including for GHGs on either a mass basis or a
CO2e basis, for any existing major stationary source or any
existing GHG-only source if the PAL meets the requirements in paragraphs
(aa)(1) through (15) of this section. The term ``PAL'' shall mean
``actuals PAL'' throughout paragraph (aa) of this section.
(ii) Any physical change in or change in the method of operation of
a major stationary source or a GHG-only source that maintains its total
source-wide emissions below the PAL level, meets the requirements in
paragraphs (aa)(1) through (15) of this section, and complies with the
PAL permit:
(a) Is not a major modification for the PAL pollutant;
(b) Does not have to be approved through the PSD program;
(c) Is not subject to the provisions in paragraph (r)(4) of this
section (restrictions on relaxing enforceable emission limitations that
the major stationary source used to avoid applicability of the major NSR
program); and
(d) Does not make GHGs subject to regulation as defined by paragraph
(b)(49) of this section.
(iii) Except as provided under paragraph (aa)(1)(ii)(c) of this
section, a major stationary source or a GHG-only source shall continue
to comply with all applicable Federal or State requirements, emission
limitations, and work practice requirements that were established prior
to the effective date of the PAL.
(2) Definitions. For the purposes of this section, the definitions
in paragraphs (aa)(2)(i) through (xi) of this section apply. When a term
is not defined in these paragraphs, it shall have the meaning given in
paragraph (b) of this section or in the Act.
(i) Actuals PAL for a major stationary source means a PAL based on
the baseline actual emissions (as defined in paragraph (b)(48) of this
section) of all emissions units (as defined in paragraph (b)(7) of this
section) at the source, that emit or have the potential to emit the PAL
pollutant. For a GHG-only source, actuals PAL means a PAL based on the
baseline actual emissions (as defined in paragraph (aa)(2)(xiii) of this
section) of all emissions units (as defined in paragraph (aa)(2)(xiv) of
this section) at the source, that emit or have the potential to emit
GHGs.
(ii) Allowable emissions means ``allowable emissions'' as defined in
paragraph (b)(16) of this section, except as this definition is modified
according to paragraphs (aa)(2)(ii)(a) and (b) of this section.
(a) The allowable emissions for any emissions unit shall be
calculated considering any emission limitations that are enforceable as
a practical matter on the emissions unit's potential to emit.
(b) An emissions unit's potential to emit shall be determined using
the definition in paragraph (b)(4) of this section, except that the
words ``or enforceable as a practical matter'' should be added after
``federally enforceable.''
(iii) Small emissions unit means an emissions unit that emits or has
the potential to emit the PAL pollutant in
[[Page 44]]
an amount less than the significant level for that PAL pollutant, as
defined in paragraph (b)(23) of this section or in the Act, whichever is
lower. For a GHG PAL issued on a CO2e basis, small emissions
unit means an emissions unit that emits or has the potential to emit
less than the amount of GHGs on a CO2e basis defined as
``significant'' for the purposes of paragraph (b)(49)(iii) of this
section at the time the PAL permit is being issued.
(iv) Major emissions unit means:
(a) Any emissions unit that emits or has the potential to emit 100
tons per year or more of the PAL pollutant in an attainment area; or
(b) Any emissions unit that emits or has the potential to emit the
PAL pollutant in an amount that is equal to or greater than the major
source threshold for the PAL pollutant as defined by the Act for
nonattainment areas. For example, in accordance with the definition of
major stationary source in section 182(c) of the Act, an emissions unit
would be a major emissions unit for VOC if the emissions unit is located
in a serious ozone nonattainment area and it emits or has the potential
to emit 50 or more tons of VOC per year.
(c) For a GHG PAL issued on a CO2e basis, any emissions
unit that emits or has the potential to emit equal to or greater than
the amount of GHGs on a CO2e basis that would be sufficient
for a new source to trigger permitting requirements under paragraph
(b)(49) of this section at the time the PAL permit is being issued.
(v) Plantwide applicability limitation (PAL) means an emission
limitation expressed on a mass basis in tons per year, or expressed in
tons per year CO2e for a CO2e-based GHG emission
limitation, for a pollutant at a major stationary source or GHG-only
source, that is enforceable as a practical matter and established
source-wide in accordance with paragraphs (aa)(1) through (15) of this
section.
(vi) PAL effective date generally means the date of issuance of the
PAL permit. However, the PAL effective date for an increased PAL is the
date any emissions unit that is part of the PAL major modification
becomes operational and begins to emit the PAL pollutant.
(vii) PAL effective period means the period beginning with the PAL
effective date and ending 10 years later.
(viii) PAL major modification means, notwithstanding paragraphs
(b)(2), (b)(3), and (b)(49) of this section (the definitions for major
modification, net emissions increase, and subject to regulation), any
physical change in or change in the method of operation of the PAL
source that causes it to emit the PAL pollutant at a level equal to or
greater than the PAL.
(ix) PAL permit means the major NSR permit, the minor NSR permit, or
the State operating permit under a program that is approved into the
State Implementation Plan, or the title V permit issued by the
Administrator that establishes a PAL for a major stationary source or a
GHG-only source.
(x) PAL pollutant means the pollutant for which a PAL is established
at a major stationary source or a GHG-only source. For a GHG-only
source, the only available PAL pollutant is greenhouse gases.
(xi) Significant emissions unit means an emissions unit that emits
or has the potential to emit a PAL pollutant in an amount that is equal
to or greater than the significant level (as defined in paragraph
(b)(23) of this section or in the Act, whichever is lower) for that PAL
pollutant, but less than the amount that would qualify the unit as a
major emissions unit as defined in paragraph (aa)(2)(iv) of this
section. For a GHG PAL issued on a CO2e basis, significant
emissions unit means any emissions unit that emits or has the potential
to emit GHGs on a CO2e basis in amounts equal to or greater
than the amount that would qualify the unit as small emissions unit as
defined in paragraph (aa)(2)(iii) of this section, but less than the
amount that would qualify the unit as a major emissions unit as defined
in paragraph (aa)(2)(iv)(c) of this section.
(xii) GHG-only source means any existing stationary source that
emits or has the potential to emit GHGs in the amount equal to or
greater than the amount of GHGs on a mass basis that would be sufficient
for a new source to trigger permitting requirements for GHGs under
paragraph (b)(1) of this section and the amount of GHGs on a
[[Page 45]]
CO2e basis that would be sufficient for a new source to
trigger permitting requirements for GHGs under paragraph (b)(49) of this
section at the time the PAL permit is being issued, but does not emit or
have the potential to emit any other non-GHG regulated NSR pollutant at
or above the applicable major source threshold. A GHG-only source may
only obtain a PAL for GHG emissions under paragraph (aa) of this
section.
(xiii) Baseline actual emissions for a GHG PAL means the average
rate, in tons per year CO2e or tons per year GHG, as
applicable, at which the emissions unit actually emitted GHGs during any
consecutive 24-month period selected by the owner or operator within the
10-year period immediately preceding either the date the owner or
operator begins actual construction of the project, or the date a
complete permit application is received by the Administrator for a
permit required under this section or by the permitting authority for a
permit required by a plan, whichever is earlier. For any existing
electric utility steam generating unit, baseline actual emissions for a
GHG PAL means the average rate, in tons per year CO2e or tons
per year GHG, as applicable, at which the emissions unit actually
emitted the GHGs during any consecutive 24-month period selected by the
owner or operator within the 5-year period immediately preceding either
the date the owner or operator begins actual construction of the
project, except that the Administrator shall allow the use of a
different time period upon a determination that it is more
representative of normal source operation.
(a) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.
(b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above
an emission limitation that was legally enforceable during the
consecutive 24-month period.
(c) The average rate shall be adjusted downward to exclude any
emissions that would have exceeded an emission limitation with which the
stationary source must currently comply, had such stationary source been
required to comply with such limitations during the consecutive 24-month
period.
(d) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
GHG emissions and for adjusting this amount if required by paragraphs
(aa)(2)(xiii)(b) and (c) of this section.
(xiv) Emissions unit with respect to GHGs means any part of a
stationary source that emits or has the potential to emit GHGs. For
purposes of this section, there are two types of emissions units as
described in the following:
(a) A new emissions unit is any emissions unit that is (or will be)
newly constructed and that has existed for less than 2 years from the
date such emissions unit first operated.
(b) An existing emissions unit is any emissions unit that does not
meet the requirements in paragraph (aa)(2)(xiv)(a) of this section.
(xv) Minor source means any stationary source that does not meet the
definition of major stationary source in paragraph (b)(1) of this
section for any pollutant at the time the PAL is issued.
(3) Permit application requirements. As part of a permit application
requesting a PAL, the owner or operator of a major stationary source or
a GHG-only source shall submit the following information to the
Administrator for approval:
(i) A list of all emissions units at the source designated as small,
significant or major based on their potential to emit. In addition, the
owner or operator of the source shall indicate which, if any, Federal or
State applicable requirements, emission limitations, or work practices
apply to each unit.
(ii) Calculations of the baseline actual emissions (with supporting
documentation). Baseline actual emissions are to include emissions
associated not only with operation of the unit, but also emissions
associated with startup, shutdown, and malfunction.
(iii) The calculation procedures that the major stationary source
owner or operator proposes to use to convert the monitoring system data
to monthly emissions and annual emissions based
[[Page 46]]
on a 12-month rolling total for each month as required by paragraph
(aa)(13)(i) of this section.
(iv) As part of a permit application requesting a GHG PAL, the owner
or operator of a major stationary source or a GHG-only source shall
submit a statement by the source owner or operator that clarifies
whether the source is an existing major source as defined in paragraph
(b)(1)(i)(a) and (b) of this section or a GHG-only source as defined in
paragraph (aa)(2)(xii) of this section.
(4) General requirements for establishing PALs. (i) The
Administrator is allowed to establish a PAL at a major stationary source
or a GHG-only source, provided that at a minimum, the requirements in
paragraphs (aa)(4)(i)(a) through (g) of this section are met.
(a) The PAL shall impose an annual emission limitation expressed on
a mass basis in tons per year, or expressed in tons per year
CO2e, that is enforceable as a practical matter, for the
entire major stationary source or GHG-only source. For each month during
the PAL effective period after the first 12 months of establishing a
PAL, the major stationary source or GHG-only source owner or operator
shall show that the sum of the monthly emissions from each emissions
unit under the PAL for the previous 12 consecutive months is less than
the PAL (a 12-month average, rolled monthly). For each month during the
first 11 months from the PAL effective date, the major stationary source
or GHG-only source owner or operator shall show that the sum of the
preceding monthly emissions from the PAL effective date for each
emissions unit under the PAL is less than the PAL.
(b) The PAL shall be established in a PAL permit that meets the
public participation requirements in paragraph (aa)(5) of this section.
(c) The PAL permit shall contain all the requirements of paragraph
(aa)(7) of this section.
(d) The PAL shall include fugitive emissions, to the extent
quantifiable, from all emissions units that emit or have the potential
to emit the PAL pollutant at the major stationary source or GHG-only
source.
(e) Each PAL shall regulate emissions of only one pollutant.
(f) Each PAL shall have a PAL effective period of 10 years.
(g) The owner or operator of the major stationary source or GHG-only
source with a PAL shall comply with the monitoring, recordkeeping, and
reporting requirements provided in paragraphs (aa)(12) through (14) of
this section for each emissions unit under the PAL through the PAL
effective period.
(ii) At no time (during or after the PAL effective period) are
emissions reductions of a PAL pollutant that occur during the PAL
effective period creditable as decreases for purposes of offsets under
Sec. 51.165(a)(3)(ii) of this chapter unless the level of the PAL is
reduced by the amount of such emissions reductions and such reductions
would be creditable in the absence of the PAL.
(5) Public participation requirements for PALs. PALs for existing
major stationary sources or GHG-only sources shall be established,
renewed, or increased through a procedure that is consistent with
Sec. Sec. 51.160 and 51.161 of this chapter. This includes the
requirement that the Administrator provide the public with notice of the
proposed approval of a PAL permit and at least a 30-day period for
submittal of public comment. The Administrator must address all material
comments before taking final action on the permit.
(6) Setting the 10-year actuals PAL level. (i) Except as provided in
paragraph (aa)(6)(ii) and (iii) of this section, the plan shall provide
that the actuals PAL level for a major stationary source or a GHG-only
source shall be established as the sum of the baseline actual emissions
(as defined in paragraph (b)(48) of this section or, for GHGs, paragraph
(aa)(2)(xiii) of this section) of the PAL pollutant for each emissions
unit at the source; plus an amount equal to the applicable significant
level for the PAL pollutant under paragraph (b)(23) of this section or
under the Act, whichever is lower. When establishing the actuals PAL
level, for a PAL pollutant, only one consecutive 24-month period must be
used to determine the baseline actual emissions for all existing
emissions units. However, a different consecutive
[[Page 47]]
24-month period may be used for each different PAL pollutant. Emissions
associated with units that were permanently shut down after this 24-
month period must be subtracted from the PAL level. The reviewing
authority shall specify a reduced PAL level(s) (in tons/yr) in the PAL
permit to become effective on the future compliance date(s) of any
applicable Federal or State regulatory requirement(s) that the reviewing
authority is aware of prior to issuance of the PAL permit. For instance,
if the source owner or operator will be required to reduce emissions
from industrial boilers in half from baseline emissions of 60 ppm
NOX to a new rule limit of 30 ppm, then the permit shall
contain a future effective PAL level that is equal to the current PAL
level reduced by half of the original baseline emissions of such
unit(s).
(ii) For newly constructed units (which do not include modifications
to existing units) on which actual construction began after the 24-month
period, in lieu of adding the baseline actual emissions as specified in
paragraph (aa)(6)(i) of this section, the emissions must be added to the
PAL level in an amount equal to the potential to emit of the units.
(iii) For CO2e based GHG PAL, the actuals PAL level shall
be established as the sum of the GHGs baseline actual emissions (as
defined in paragraph (aa)(2)(xiii) of this section) of GHGs for each
emissions unit at the source, plus an amount equal to the amount defined
as ``significant'' on a CO2e basis for the purposes of
paragraph (b)(49)(iii) at the time the PAL permit is being issued. When
establishing the actuals PAL level for a CO2e-based PAL, only
one consecutive 24-month period must be used to determine the baseline
actual emissions for all existing emissions units. Emissions associated
with units that were permanently shut down after this 24-month period
must be subtracted from the PAL level. The reviewing authority shall
specify a reduced PAL level (in tons per year CO2e) in the
PAL permit to become effective on the future compliance date(s) of any
applicable Federal or state regulatory requirement(s) that the reviewing
authority is aware of prior to issuance of the PAL permit.
(7) Contents of the PAL permit. The PAL permit must contain, at a
minimum, the information in paragraphs (aa)(7)(i) through (xi) of this
section.
(i) The PAL pollutant and the applicable source-wide emission
limitation in tons per year or tons per year CO2e.
(ii) The PAL permit effective date and the expiration date of the
PAL (PAL effective period).
(iii) Specification in the PAL permit that if a major stationary
source or a GHG-only source owner or operator applies to renew a PAL in
accordance with paragraph (aa)(10) of this section before the end of the
PAL effective period, then the PAL shall not expire at the end of the
PAL effective period. It shall remain in effect until a revised PAL
permit is issued by a reviewing authority.
(iv) A requirement that emission calculations for compliance
purposes must include emissions from startups, shutdowns, and
malfunctions.
(v) A requirement that, once the PAL expires, the major stationary
source or GHG-only source is subject to the requirements of paragraph
(aa)(9) of this section.
(vi) The calculation procedures that the major stationary source or
GHG-only source owner or operator shall use to convert the monitoring
system data to monthly emissions and annual emissions based on a 12-
month rolling total as required by paragraph (aa)(13)(i) of this
section.
(vii) A requirement that the major stationary source or GHG-only
source owner or operator monitor all emissions units in accordance with
the provisions under paragraph (aa)(12) of this section.
(viii) A requirement to retain the records required under paragraph
(aa)(13) of this section on site. Such records may be retained in an
electronic format.
(ix) A requirement to submit the reports required under paragraph
(aa)(14) of this section by the required deadlines.
(x) Any other requirements that the Administrator deems necessary to
implement and enforce the PAL.
(xi) A permit for a GHG PAL issued to a GHG-only source shall also
include
[[Page 48]]
a statement denoting that GHG emissions at the source will not be
subject to regulation under paragraph (b)(49) of this section as long as
the source complies with the PAL.
(8) PAL effective period and reopening of the PAL permit. The
requirements in paragraphs (aa)(8)(i) and (ii) of this section apply to
actuals PALs.
(i) PAL effective period. The Administrator shall specify a PAL
effective period of 10 years.
(ii) Reopening of the PAL permit. (a) During the PAL effective
period, the Administrator must reopen the PAL permit to:
(1) Correct typographical/calculation errors made in setting the PAL
or reflect a more accurate determination of emissions used to establish
the PAL;
(2) Reduce the PAL if the owner or operator of the major stationary
source creates creditable emissions reductions for use as offsets under
Sec. 51.165(a)(3)(ii) of this chapter; and
(3) Revise the PAL to reflect an increase in the PAL as provided
under paragraph (aa)(11) of this section.
(b) The Administrator shall have discretion to reopen the PAL permit
for the following:
(1) Reduce the PAL to reflect newly applicable Federal requirements
(for example, NSPS) with compliance dates after the PAL effective date;
(2) Reduce the PAL consistent with any other requirement, that is
enforceable as a practical matter, and that the State may impose on the
major stationary source or GHG-only source under the State
Implementation Plan; and
(3) Reduce the PAL if the reviewing authority determines that a
reduction is necessary to avoid causing or contributing to a NAAQS or
PSD increment violation, or to an adverse impact on an air quality
related value that has been identified for a Federal Class I area by a
Federal Land Manager and for which information is available to the
general public.
(c) Except for the permit reopening in paragraph (aa)(8)(ii)(a)(1)
of this section for the correction of typographical/calculation errors
that do not increase the PAL level, all other reopenings shall be
carried out in accordance with the public participation requirements of
paragraph (aa)(5) of this section.
(9) Expiration of a PAL. Any PAL that is not renewed in accordance
with the procedures in paragraph (aa)(10) of this section shall expire
at the end of the PAL effective period, and the requirements in
paragraphs (aa)(9)(i) through (v) of this section shall apply.
(i) Each emissions unit (or each group of emissions units) that
existed under the PAL shall comply with an allowable emission limitation
under a revised permit established according to the procedures in
paragraphs (aa)(9)(i)(a) and (b) of this section.
(a) Within the time frame specified for PAL renewals in paragraph
(aa)(10)(ii) of this section, the major stationary source or GHG-only
source shall submit a proposed allowable emission limitation for each
emissions unit (or each group of emissions units, if such a distribution
is more appropriate as decided by the Administrator) by distributing the
PAL allowable emissions for the major stationary source or GHG-only
source among each of the emissions units that existed under the PAL. If
the PAL had not yet been adjusted for an applicable requirement that
became effective during the PAL effective period, as required under
paragraph (aa)(10)(v) of this section, such distribution shall be made
as if the PAL had been adjusted.
(b) The Administrator shall decide whether and how the PAL allowable
emissions will be distributed and issue a revised permit incorporating
allowable limits for each emissions unit, or each group of emissions
units, as the Administrator determines is appropriate.
(ii) Each emissions unit(s) shall comply with the allowable emission
limitation on a 12-month rolling basis. The Administrator may approve
the use of monitoring systems (source testing, emission factors, etc.)
other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the
allowable emission limitation.
(iii) Until the Administrator issues the revised permit
incorporating allowable limits for each emissions unit, or each group of
emissions units, as required under paragraph (aa)(9)(i)(b) of this
section, the source shall continue
[[Page 49]]
to comply with a source-wide, multi-unit emissions cap equivalent to the
level of the PAL emission limitation.
(iv) Any physical change or change in the method of operation at the
major stationary source or GHG-only source will be subject to major NSR
requirements if such change meets the definition of major modification
in paragraph (b)(2) of this section.
(v) The major stationary source or GHG-only source owner or operator
shall continue to comply with any State or Federal applicable
requirements (BACT, RACT, NSPS, etc.) that may have applied either
during the PAL effective period or prior to the PAL effective period
except for those emission limitations that had been established pursuant
to paragraph (r)(4) of this section, but were eliminated by the PAL in
accordance with the provisions in paragraph (aa)(1)(ii)(c) of this
section.
(10) Renewal of a PAL. (i) The Administrator shall follow the
procedures specified in paragraph (aa)(5) of this section in approving
any request to renew a PAL for a major stationary source or a GHG-only
source, and shall provide both the proposed PAL level and a written
rationale for the proposed PAL level to the public for review and
comment. During such public review, any person may propose a PAL level
for the source for consideration by the Administrator.
(ii) Application deadline. A major stationary source or GHG-only
source owner or operator shall submit a timely application to the
Administrator to request renewal of a PAL. A timely application is one
that is submitted at least 6 months prior to, but not earlier than 18
months from, the date of permit expiration. This deadline for
application submittal is to ensure that the permit will not expire
before the permit is renewed. If the owner or operator of a major
stationary source or GHG-only source submits a complete application to
renew the PAL within this time period, then the PAL shall continue to be
effective until the revised permit with the renewed PAL is issued.
(iii) Application requirements. The application to renew a PAL
permit shall contain the information required in paragraphs
(aa)(10)(iii)(a) through (d) of this section.
(a) The information required in paragraphs (aa)(3)(i) through (iii)
of this section.
(b) A proposed PAL level.
(c) The sum of the potential to emit of all emissions units under
the PAL (with supporting documentation).
(d) Any other information the owner or operator wishes the
Administrator to consider in determining the appropriate level for
renewing the PAL.
(iv) PAL adjustment. In determining whether and how to adjust the
PAL, the Administrator shall consider the options outlined in paragraphs
(aa)(10)(iv)(a) and (b) of this section. However, in no case may any
such adjustment fail to comply with paragraph (aa)(10)(iv)(c) of this
section.
(a) If the emissions level calculated in accordance with paragraph
(aa)(6) of this section is equal to or greater than 80 percent of the
PAL level, the Administrator may renew the PAL at the same level without
considering the factors set forth in paragraph (aa)(10)(iv)(b) of this
section; or
(b) The Administrator may set the PAL at a level that he or she
determines to be more representative of the source's baseline actual
emissions, or that he or she determines to be more appropriate
considering air quality needs, advances in control technology,
anticipated economic growth in the area, desire to reward or encourage
the source's voluntary emissions reductions, or other factors as
specifically identified by the Administrator in his or her written
rationale.
(c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b) of this
section:
(1) If the potential to emit of the major stationary source or GHG-
only source is less than the PAL, the Administrator shall adjust the PAL
to a level no greater than the potential to emit of the source; and
(2) The Administrator shall not approve a renewed PAL level higher
than the current PAL, unless the major stationary source or GHG-only
source has complied with the provisions of paragraph (aa)(11) of this
section (increasing a PAL).
(v) If the compliance date for a State or Federal requirement that
applies to
[[Page 50]]
the PAL source occurs during the PAL effective period, and if the
Administrator has not already adjusted for such requirement, the PAL
shall be adjusted at the time of PAL permit renewal or title V permit
renewal, whichever occurs first.
(11) Increasing a PAL during the PAL effective period. (i) The
Administrator may increase a PAL emission limitation only if the major
stationary source or GHG-only source complies with the provisions in
paragraphs (aa)(11)(i)(a) through (d) of this section.
(a) The owner or operator of the major stationary source or GHG-only
source shall submit a complete application to request an increase in the
PAL limit for a PAL major modification. Such application shall identify
the emissions unit(s) contributing to the increase in emissions so as to
cause the major stationary or GHG-only source's emissions to equal or
exceed its PAL.
(b) As part of this application, the major stationary source or GHG-
only source owner or operator shall demonstrate that the sum of the
baseline actual emissions of the small emissions units, plus the sum of
the baseline actual emissions of the significant and major emissions
units assuming application of BACT equivalent controls, plus the sum of
the allowable emissions of the new or modified emissions unit(s) exceeds
the PAL. The level of control that would result from BACT equivalent
controls on each significant or major emissions unit shall be determined
by conducting a new BACT analysis at the time the application is
submitted, unless the emissions unit is currently required to comply
with a BACT or LAER requirement that was established within the
preceding 10 years. In such a case, the assumed control level for that
emissions unit shall be equal to the level of BACT or LAER with which
that emissions unit must currently comply.
(c) The owner or operator obtains a major NSR permit for all
emissions unit(s) identified in paragraph (aa)(11)(i)(a) of this
section, regardless of the magnitude of the emissions increase resulting
from them (that is, no significant levels apply). These emissions
unit(s) shall comply with any emissions requirements resulting from the
major NSR process (for example, BACT), even though they have also become
subject to the PAL or continue to be subject to the PAL.
(d) The PAL permit shall require that the increased PAL level shall
be effective on the day any emissions unit that is part of the PAL major
modification becomes operational and begins to emit the PAL pollutant.
(ii) The Administrator shall calculate the new PAL as the sum of the
allowable emissions for each modified or new emissions unit, plus the
sum of the baseline actual emissions of the significant and major
emissions units (assuming application of BACT equivalent controls as
determined in accordance with paragraph (aa)(11)(i)(b)), plus the sum of
the baseline actual emissions of the small emissions units.
(iii) The PAL permit shall be revised to reflect the increased PAL
level pursuant to the public notice requirements of paragraph (aa)(5) of
this section.
(12) Monitoring requirements for PALs. (i) General requirements. (a)
Each PAL permit must contain enforceable requirements for the monitoring
system that accurately determines plantwide emissions of the PAL
pollutant in terms of mass per unit of time or CO2e per unit
of time. Any monitoring system authorized for use in the PAL permit must
be based on sound science and meet generally acceptable scientific
procedures for data quality and manipulation. Additionally, the
information generated by such system must meet minimum legal
requirements for admissibility in a judicial proceeding to enforce the
PAL permit.
(b) The PAL monitoring system must employ one or more of the four
general monitoring approaches meeting the minimum requirements set forth
in paragraphs (aa)(12)(ii)(a) through (d) of this section and must be
approved by the Administrator.
(c) Notwithstanding paragraph (aa)(12)(i)(b) of this section, you
may also employ an alternative monitoring approach that meets paragraph
(aa)(12)(i)(a) of this section if approved by the Administrator.
(d) Failure to use a monitoring system that meets the requirements
of this section renders the PAL invalid.
[[Page 51]]
(ii) Minimum performance requirements for approved monitoring
approaches. The following are acceptable general monitoring approaches
when conducted in accordance with the minimum requirements in paragraphs
(aa)(12)(iii) through (ix) of this section:
(a) Mass balance calculations for activities using coatings or
solvents;
(b) CEMS;
(c) CPMS or PEMS; and
(d) Emission factors.
(iii) Mass balance calculations. An owner or operator using mass
balance calculations to monitor PAL pollutant emissions from activities
using coating or solvents shall meet the following requirements:
(a) Provide a demonstrated means of validating the published content
of the PAL pollutant that is contained in or created by all materials
used in or at the emissions unit;
(b) Assume that the emissions unit emits all of the PAL pollutant
that is contained in or created by any raw material or fuel used in or
at the emissions unit, if it cannot otherwise be accounted for in the
process; and
(c) Where the vendor of a material or fuel, which is used in or at
the emissions unit, publishes a range of pollutant content from such
material, the owner or operator must use the highest value of the range
to calculate the PAL pollutant emissions unless the Administrator
determines there is site-specific data or a site-specific monitoring
program to support another content within the range.
(iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant
emissions shall meet the following requirements:
(a) CEMS must comply with applicable Performance Specifications
found in 40 CFR part 60, appendix B; and
(b) CEMS must sample, analyze and record data at least every 15
minutes while the emissions unit is operating.
(v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor
PAL pollutant emissions shall meet the following requirements:
(a) The CPMS or the PEMS must be based on current site-specific data
demonstrating a correlation between the monitored parameter(s) and the
PAL pollutant emissions across the range of operation of the emissions
unit; and
(b) Each CPMS or PEMS must sample, analyze, and record data at least
every 15 minutes, or at another less frequent interval approved by the
Administrator, while the emissions unit is operating.
(vi) Emission factors. An owner or operator using emission factors
to monitor PAL pollutant emissions shall meet the following
requirements:
(a) All emission factors shall be adjusted, if appropriate, to
account for the degree of uncertainty or limitations in the factors'
development;
(b) The emissions unit shall operate within the designated range of
use for the emission factor, if applicable; and
(c) If technically practicable, the owner or operator of a
significant emissions unit that relies on an emission factor to
calculate PAL pollutant emissions shall conduct validation testing to
determine a site-specific emission factor within 6 months of PAL permit
issuance, unless the Administrator determines that testing is not
required.
(vii) A source owner or operator must record and report maximum
potential emissions without considering enforceable emission limitations
or operational restrictions for an emissions unit during any period of
time that there is no monitoring data, unless another method for
determining emissions during such periods is specified in the PAL
permit.
(viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii)
through (vii) of this section, where an owner or operator of an
emissions unit cannot demonstrate a correlation between the monitored
parameter(s) and the PAL pollutant emissions rate at all operating
points of the emissions unit, the Administrator shall, at the time of
permit issuance:
(a) Establish default value(s) for determining compliance with the
PAL based on the highest potential emissions reasonably estimated at
such operating point(s); or
(b) Determine that operation of the emissions unit during operating
conditions when there is no correlation between monitored parameter(s)
and the
[[Page 52]]
PAL pollutant emissions is a violation of the PAL.
(ix) Re-validation. All data used to establish the PAL pollutant
must be re-validated through performance testing or other scientifically
valid means approved by the Administrator. Such testing must occur at
least once every 5 years after issuance of the PAL.
(13) Recordkeeping requirements. (i) The PAL permit shall require an
owner or operator to retain a copy of all records necessary to determine
compliance with any requirement of paragraph (aa) of this section and of
the PAL, including a determination of each emissions unit's 12-month
rolling total emissions, for 5 years from the date of such record.
(ii) The PAL permit shall require an owner or operator to retain a
copy of the following records for the duration of the PAL effective
period plus 5 years:
(a) A copy of the PAL permit application and any applications for
revisions to the PAL; and
(b) Each annual certification of compliance pursuant to title V and
the data relied on in certifying the compliance.
(14) Reporting and notification requirements. The owner or operator
shall submit semi-annual monitoring reports and prompt deviation reports
to the Administrator in accordance with the applicable title V operating
permit program. The reports shall meet the requirements in paragraphs
(aa)(14)(i) through (iii) of this section.
(i) Semi-annual report. The semi-annual report shall be submitted to
the Administrator within 30 days of the end of each reporting period.
This report shall contain the information required in paragraphs
(aa)(14)(i)(a) through (g) of this section.
(a) The identification of owner and operator and the permit number.
(b) Total annual emissions (expressed on a mass-basis in tons per
year, or expressed in tons per year CO2e) based on a 12-month
rolling total for each month in the reporting period recorded pursuant
to paragraph (aa)(13)(i) of this section.
(c) All data relied upon, including, but not limited to, any Quality
Assurance or Quality Control data, in calculating the monthly and annual
PAL pollutant emissions.
(d) A list of any emissions units modified or added to the major
stationary source or GHG-only source during the preceding 6-month
period.
(e) The number, duration, and cause of any deviations or monitoring
malfunctions (other than the time associated with zero and span
calibration checks), and any corrective action taken.
(f) A notification of a shutdown of any monitoring system, whether
the shutdown was permanent or temporary, the reason for the shutdown,
the anticipated date that the monitoring system will be fully
operational or replaced with another monitoring system, and whether the
emissions unit monitored by the monitoring system continued to operate,
and the calculation of the emissions of the pollutant or the number
determined by method included in the permit, as provided by
(aa)(12)(vii).
(g) A signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the report.
(ii) Deviation report. The major stationary source or GHG-only
source owner or operator shall promptly submit reports of any deviations
or exceedance of the PAL requirements, including periods where no
monitoring is available. A report submitted pursuant to Sec.
70.6(a)(3)(iii)(B) of this chapter shall satisfy this reporting
requirement. The deviation reports shall be submitted within the time
limits prescribed by the applicable program implementing Sec.
70.6(a)(3)(iii)(B) of this chapter. The reports shall contain the
following information:
(a) The identification of owner and operator and the permit number;
(b) The PAL requirement that experienced the deviation or that was
exceeded;
(c) Emissions resulting from the deviation or the exceedance; and
(d) A signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and
[[Page 53]]
completeness of the information provided in the report.
(iii) Re-validation results. The owner or operator shall submit to
the Administrator the results of any re-validation test or method within
3 months after completion of such test or method.
(15) Transition requirements. (i) The Administrator may not issue a
PAL that does not comply with the requirements in paragraphs (aa)(1)
through (15) of this section after March 3, 2003.
(ii) The Administrator may supersede any PAL that was established
prior to March 3, 2003 with a PAL that complies with the requirements of
paragraphs (aa)(1) through (15) of this section.
(bb) If any provision of this section, or the application of such
provision to any person or circumstance, is held invalid, the remainder
of this section, or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall not
be affected thereby.
(cc) Without regard to other considerations, routine maintenance,
repair and replacement includes, but is not limited to, the replacement
of any component of a process unit with an identical or functionally
equivalent component(s), and maintenance and repair activities that are
part of the replacement activity, provided that all of the requirements
in paragraphs (cc)(1) through (3) of this section are met.
(1) Capital cost threshold for equipment replacement. (i) For an
electric utility steam generating unit, as defined in Sec.
52.21(b)(31), the fixed capital cost of the replacement component(s)
plus the cost of any associated maintenance and repair activities that
are part of the replacement shall not exceed 20 percent of the
replacement value of the process unit, at the time the equipment is
replaced. For a process unit that is not an electric utility steam
generating unit the fixed capital cost of the replacement component(s)
plus the cost of any associated maintenance and repair activities that
are part of the replacement shall not exceed 20 percent of the
replacement value of the process unit, at the time the equipment is
replaced.
(ii) In determining the replacement value of the process unit; and,
except as otherwise allowed under paragraph (cc)(1)(iii) of this
section, the owner or operator shall determine the replacement value of
the process unit on an estimate of the fixed capital cost of
constructing a new process unit, or on the current appraised value of
the process unit.
(iii) As an alternative to paragraph (cc)(1)(ii) of this section for
determining the replacement value of a process unit, an owner or
operator may choose to use insurance value (where the insurance value
covers only complete replacement), investment value adjusted for
inflation, or another accounting procedure if such procedure is based on
Generally Accepted Accounting Principles, provided that the owner or
operator sends a notice to the reviewing authority. The first time that
an owner or operator submits such a notice for a particular process
unit, the notice may be submitted at any time, but any subsequent notice
for that process unit may be submitted only at the beginning of the
process unit's fiscal year. Unless the owner or operator submits a
notice to the reviewing authority, then paragraph (cc)(1)(ii) of this
section will be used to establish the replacement value of the process
unit. Once the owner or operator submits a notice to use an alternative
accounting procedure, the owner or operator must continue to use that
procedure for the entire fiscal year for that process unit. In
subsequent fiscal years, the owner or operator must continue to use this
selected procedure unless and until the owner or operator sends another
notice to the reviewing authority selecting another procedure consistent
with this paragraph or paragraph (cc)(1)(ii) of this section at the
beginning of such fiscal year.
(2) Basic design parameters. The replacement does not change the
basic design parameter(s) of the process unit to which the activity
pertains.
(i) Except as provided in paragraph (cc)(2)(iii) of this section,
for a process unit at a steam electric generating facility, the owner or
operator may select as its basic design parameters either maximum hourly
heat input and maximum hourly fuel consumption rate or maximum hourly
electric output rate and maximum steam flow
[[Page 54]]
rate. When establishing fuel consumption specifications in terms of
weight or volume, the minimum fuel quality based on British Thermal
Units content shall be used for determining the basic design
parameter(s) for a coal-fired electric utility steam generating unit.
(ii) Except as provided in paragraph (cc)(2)(iii) of this section,
the basic design parameter(s) for any process unit that is not at a
steam electric generating facility are maximum rate of fuel or heat
input, maximum rate of material input, or maximum rate of product
output. Combustion process units will typically use maximum rate of fuel
input. For sources having multiple end products and raw materials, the
owner or operator should consider the primary product or primary raw
material when selecting a basic design parameter.
(iii) If the owner or operator believes the basic design
parameter(s) in paragraphs (cc)(2)(i) and (ii) of this section is not
appropriate for a specific industry or type of process unit, the owner
or operator may propose to the reviewing authority an alternative basic
design parameter(s) for the source's process unit(s). If the reviewing
authority approves of the use of an alternative basic design
parameter(s), the reviewing authority shall issue a permit that is
legally enforceable that records such basic design parameter(s) and
requires the owner or operator to comply with such parameter(s).
(iv) The owner or operator shall use credible information, such as
results of historic maximum capability tests, design information from
the manufacturer, or engineering calculations, in establishing the
magnitude of the basic design parameter(s) specified in paragraphs
(cc)(2)(i) and (ii) of this section.
(v) If design information is not available for a process unit, then
the owner or operator shall determine the process unit's basic design
parameter(s) using the maximum value achieved by the process unit in the
five-year period immediately preceding the planned activity.
(vi) Efficiency of a process unit is not a basic design parameter.
(3) The replacement activity shall not cause the process unit to
exceed any emission limitation, or operational limitation that has the
effect of constraining emissions, that applies to the process unit and
that is legally enforceable.
Note to paragraph (cc): By a court order on December 24, 2003, this
paragraph (cc) is stayed indefinitely. The stayed provisions will become
effective immediately if the court terminates the stay. At that time,
EPA will publish a document in the Federal Register advising the public
of the termination of the stay.
[43 FR 26403, June 19, 1978]
Editorial Note: For Federal Register citations affecting Sec.
52.21, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Effective Date Note: At 76 FR 17556, Mar. 30, 2011, Sec.
52.21(b)(2)(v) and (b)(3)(iii)(c) were stayed indefinitely.
Sec. 52.23 Violation and enforcement.
Failure to comply with any provisions of this part, or with any
approved regulatory provision of a State implementation plan, or with
any permit condition or permit denial issued pursuant to approved or
promulgated regulations for the review of new or modified stationary or
indirect sources, or with any permit limitation or condition contained
within an operating permit issued under an EPA-approved program that is
incorporated into the State implementation plan, shall render the person
or governmental entity so failing to comply in violation of a
requirement of an applicable implementation plan and subject to
enforcement action under section 113 of the Clean Air Act. With regard
to compliance schedules, a person or Governmental entity will be
considered to have failed to comply with the requirements of this part
if it fails to timely submit any required compliance schedule, if the
compliance schedule when submitted does not contain each of the elements
it is required to contain, or if the person or Governmental entity fails
to comply with such schedule.
[39 FR 33512, Sept. 18, 1974, as amended at 54 FR 27285, June 28, 1989]
[[Page 55]]
Sec. 52.24 Statutory restriction on new sources.
(a) Any area designated nonattainment pursuant to section 107(d) of
the Act to which, immediately prior to the enactment of the Amendments
to the Act of 1990 (November 15, 1990), a prohibition of construction or
modification of major stationary sources was applied, shall retain that
prohibition if such prohibition was applied by virtue of a finding of
the Administrator that the State containing such an area:
(1) Failed to submit an implementation plan meeting the requirements
of an approvable new source review permitting program; or
(2) Failed to submit an implementation plan that provided for timely
attainment of the national ambient air quality standard for sulfur
dioxide by December 31, 1982. This prohibition shall apply until the
Administrator approves a plan for such area as meeting the applicable
requirements of part D of title I of the Act as amended (NSR permitting
requirements) or subpart 5 of part D of title I of the Act as amended
(relating to attainment of the national ambient air quality standards
for sulfur dioxide), as applicable.
(b) Permits to construct and operate as required by permit programs
under section 172(c)(5) of the Act may not be issued for new or modified
major stationary sources proposing to locate in nonattainment areas or
areas in a transport region where the Administrator has determined that
the applicable implementation plan is not being adequately implemented
for the nonattainment area or transport region in which the proposed
source is to be constructed or modified in accordance with the
requirements of part D of title I of the Act.
(c) Whenever, on the basis of any information, the Administrator
finds that a State is not in compliance with any requirement or
prohibition of the Act relating to the construction of new sources or
the modification of existing sources, the Administrator may issue an
order under section 113(a)(5) of the Act prohibiting the construction or
modification of any major stationary source in any area to which such
requirement applies.
(d) The restrictions in paragraphs (a) and (b) of this section apply
only to major stationary sources of emissions that cause or contribute
to concentrations of the pollutant (or precursors, as applicable) for
which the transport region or nonattainment area was designated such,
and for which the applicable implementation plan is not being carried
out in accordance with, or does not meet, the requirements of part D of
title I of the Act.
(e) For any transport region or any area designated as nonattainment
for any national ambient air quality standard, the restrictions in
paragraphs (a) and (b) of this section shall apply to any major
stationary source or major modification that would be major for the
pollutant (or precursors, where applicable) for which the area is
designated nonattainment or a transport region, if the stationary source
or major modification would be constructed anywhere in the designated
nonattainment area or transport region.
(f) The provisions in Sec. 51.165 of this chapter shall apply in
interpreting the terms under this section.
(g) At such time that a particular source or modification becomes a
major stationary source or major modification solely by virtue of a
relaxation in any enforceable limitation which was established after
August 7, 1980, on the capacity of the source or modification otherwise
to emit a pollutant, such as a restriction on hours of operation, then:
(1) If the construction moratorium imposed pursuant to this section
is still in effect for the nonattainment area or transport region in
which the source or modification is located, then the permit may not be
so revised; or
(2) If the construction moratorium is no longer in effect in that
area, then the requirements of Sec. 51.165 of this chapter shall apply
to the source or modification as though construction had not yet
commenced on the source or modification.
(h) This section does not apply to major stationary sources or major
modifications locating in a clearly defined part of a nonattainment area
or transport region (such as a political subdivision of a State), where
EPA
[[Page 56]]
finds that a plan which meets the requirements of part D of title I of
the Act is in effect and is being implemented in that part.
(i)-(j) [Reserved]
(k) For an area designated as nonattainment after July 1, 1979, the
Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S shall
govern permits to construct and operate applied for during the period
between the date of designation as nonattainment and the date the NSR
permit program meeting the requirements of part D is approved. The
Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S, shall
also govern permits to construct and operate applied for in any area
designated under section 107(d) of the CAA as attainment or
unclassifiable for ozone that is located in an ozone transport region
prior to the date the NSR permitting program meeting the requirements of
part D is approved.
[70 FR 71704, Nov. 29, 2005]
Editorial Note: For Federal Register citations affecting Sec.
52.24, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.26 [Reserved]
Sec. 52.27 Protection of visibility from sources in attainment areas.
(a) Plan disapproval. The provisions of this section are applicable
to any State implementation plan which has been disapproved with respect
to protection of visibility, in mandatory Class I Federal areas, from
sources emitting pollutants in any portion of any State where the
existing air quality is better than the national ambient air quality
standards for such pollutants, and where a State PSD program has been
approved as part of the applicable SIP pursuant to 40 CFR 51.24.
Specific disapprovals are listed where applicable in Subparts B through
DDD of this part. The provisions of this section have been incorporated
by reference into the applicable implementation plans for various
States, as provided in Subparts B through DDD of this part.
(b) Definitions. For purposes of this section, all terms shall have
the meaning ascribed to them in the Clean Air Act, in the prevention of
significant deterioration (PSD) program approved as part of the
applicable SIP pursuant to 40 CFR 51.24 for the State, or in the
protection of visibility program (40 CFR 51.301), all as in effect on
July 12, 1985.
(c) Federal visibility analysis. Any person shall have the right, in
connection with any application for a permit to construct a major
stationary source or major modification, to request that the
administrator take responsibility from the State for conducting the
required review of a proposed source's impact on visibility in any
Federal Class I area. If requested, the Administrator shall take such
responsibility and conduct such review pursuant to paragraphs (e), (f)
and (g) of this section in any case where the State fails to provide all
of the procedural steps listed in paragraph (d) of this section. A
request pursuant to this paragraph must be made within 60 days of the
notice soliciting public comment on a permit, unless such notice is not
properly given. The Administrator will not entertain requests
challenging the substance of any State action concerning visibility
where the State has provided all of the procedural steps listed in
paragraph (d) of this section.
(d) Procedural steps in visibility review. (1) The reviewing
authority must provide written notification to all affected Federal land
managers of any permit application for any proposed new major stationary
source or major modification that may affect visibility in any Federal
Class I area. Such notification shall include a copy of all information
relevant to the permit application and shall be given within 30 days of
receipt and at least 60 days prior to any public hearing on the
application for a permit to construct. Such notification shall include
the proposed source's anticipated impacts on visibility in any Federal
Class I area as provided by the applicant. Notification must also be
given to all affected Federal land managers within 30 days of receipt of
any advance notification of any such permit application.
(2) The reviewing authority must consider any analysis performed by
the Federal land managers, provided within 30 days of the notification
required
[[Page 57]]
by paragraph (d)(1) of this section, that shows that such proposed new
major stationary source or major modification may have:
(i) An adverse impact on visibility in any Federal Class I area, or
(ii) An adverse impact on visibility in an integral vista codified
in part 81 of this title.
(3) Where the reviewing authority finds that such an analysis does
not demonstrate that the effect in paragraphs (d)(2) (i) or (ii) of this
section will occur, either an explanation of its decision or
notification as to where the explanation can be obtained must be
included in the notice of public hearing.
(4) Where the reviewing authority finds that such an analysis does
demonstrate that the effect in paragraph (d)(2)(i) of this section will
occur, the permit shall not be issued.
(5) Where the reviewing authority finds that such an analysis does
demonstrate that the effect in paragraph (d)(2)(ii) of this section will
occur, the reviewing authority may issue a permit if the emissions from
the source or modification will be consistent with reasonable progress
toward the national goal. In making this decision, the reviewing
authority may take into account the costs of compliance, the time
necessary for compliance, the energy and nonair quality environmental
impacts of compliance, and the useful life of the source.
(e) Federal land manager notification. The Administrator shall
provide all of the procedural steps listed in paragraph (d) of this
section in conducting reviews pursuant to this section.
(f) Monitoring. The Administrator may require monitoring of
visibility in any Federal Class I area near the proposed new stationary
source or major modification for such purposes and by such means as the
Administrator deems necessary and appropriate.
(g) Public participation. The Administrator shall follow the
applicable procedures at 40 CFR part 124 in conducting reviews under
this section. The Administrator shall follow the procedures at 40 CFR
52.21(q) as in effect on August 7, 1980, to the extent that the
procedures of 40 CFR part 124 do not apply.
(h) Federal permit. In any case where the Administrator has made a
finding that a State consistently fails or is unable to provide the
procedural steps listed in paragraph (d) of this section, the
Administrator shall require all prospective permit applicants in such
State to apply directly to the Administrator, and the Administrator
shall conduct a visibility review pursuant to this section for all
permit applications.
[50 FR 28551, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.28 Protection of visibility from sources in nonattainment areas.
(a) Plan disapproval. The provisions of this section are applicable
to any State implementation plan which has been disapproved with respect
to protection of visibility, in mandatory Class I Federal areas where
visibility is considered an important value, from sources emitting
pollutants in any portion of any State where the existing air quality is
not in compliance with the national ambient air quality standards for
such pollutants. Specific disapprovals are listed where applicable in
Subparts B through DDD of this part. The provisions of this section have
been incorporated into the applicable implementation plans for various
States, as provided in Subparts B through DDD of this part.
(b) Definitions. For the purposes of this section:
(1) Visibility protection area means any area listed in 40 CFR
81.401-81.436 (1984).
(2) All other terms shall have the meaning ascribed to them in the
protection of visibility program (40 CFR 51.301) or the prevention of
significant deterioration (PSD) program either approved as part of the
applicable SIP pursuant to 40 CFR 51.24 or in effect for the applicable
SIP pursuant to 40 CFR 52.21, all as in effect on July 12, 1985.
(c) Review of major stationary sources and major modifications--
source applicability and exemptions. (1) No stationary source or
modification to which the requirements of this section apply shall begin
actual construction without a permit which states that the stationary
source or modification would meet those requirements. The Administrator
has sole authority to issue any such permit unless the authority has
[[Page 58]]
been delegated pursuant to paragraph (i) of this section.
(2) The requirements of this section shall apply to construction of
any new major stationary source or major modification that would both be
constructed in an area classified as nonattainment under section
107(d)(1)(A), (B) or (C) of the Clean Air Act and potentially have an
impact on visibility in any visibility protection area.
(3) The requirements of this section shall apply to any such major
stationary source and any such major modification with respect to each
pollutant subject to regulation under the Clean Air Act that it would
emit, except as this section otherwise provides.
(4) The requirements of this section shall not apply to a particular
major stationary source or major modification, if:
(i) The source or modification would be a nonprofit health or
nonprofit educational institution, or a major modification would occur
at such an institution, and the governor of the State in which the
source or modification would be located requests that it be exempt from
those requirements; or
(ii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:
(A) Coal cleaning plants (with thermal dryers);
(B) Kraft pulp mills;
(C) Portland cement plants;
(D) Primary zinc smelters;
(E) Iron and steel mills;
(F) Primary aluminum ore reduction plants;
(G) Primary copper smelters;
(H) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(I) Hydrofluoric, sulfuric, or nitric acid plants;
(J) Petroleum refineries;
(K) Lime plants;
(L) Phosphate rock processing plants;
(M) Coke oven batteries;
(N) Sulfur recovery plants;
(O) Carbon black plants (furnace process);
(P) Primary lead smelters;
(Q) Fuel conversion plants;
(R) Sintering plants;
(S) Secondary metal production plants;
(T) Chemical process plants;
(U) Fossil-fuel boiler (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(V) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(W) Taconite ore processing plants;
(X) Glass fiber processing plants;
(Y) Charcoal production plants;
(Z) Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input;
(AA) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
(iii) The source is a portable stationary source which has
previously received a permit under this section, and
(A) The owner or operator proposes to relocate the source and
emissions of the source at the new location would be temporary; and
(B) The emissions from the source would not exceed its allowable
emissions; and
(C) The emissions from the source would impact no Class I area and
no area where an applicable increment is known to be violated; and
(D) Reasonable notice is given to the Administrator, prior to the
relocation, identifying the proposed new location and the probable
duration of operation at the new location. Such notice shall be given to
the Administrator not less than 10 days in advance of the proposed
relocation, unless a different time duration is previously approved by
the Administrator.
(5) The requirements of this section shall not apply to a major
stationary source or major modification with respect to a particular
pollutant if the owner or operator demonstrates that, as to that
pollutant, the source or modification is located in an area designated
as attainment under section 107 of the Clean Air Act.
(6) The requirements of this section shall not apply to a major
stationary
[[Page 59]]
source or major modification with respect to a particular pollutant, if
the allowable emissions of that pollutant from the source, or the net
emissions increase of that pollutant from the modification:
(i) Would impact no Class I area and no area where an applicable
increment is known to be violated, and
(ii) Would be temporary.
(d) Visibility Impact Analyses. The owner or operator of a source
shall provide an analysis of the impairment to visibility that would
occur as a result of the source or modification and general commercial,
residential, industrial and other growth associated with the source or
modification.
(e) Federal land manager notification. (1) The Federal land manager
and the Federal official charged with direct responsibility for
management of Federal Class I areas have an affirmative responsibility
to protect the air quality related values (including visibility) of such
lands and to consider, in consultation with the Administrator, whether a
proposed source or modification will have an adverse impact on such
values.
(2) The Administrator shall provide written notification to all
affected Federal land managers of any permit application for any
proposed new major stationary source or major modification that may
affect visibility in any visibility protection area. The Administrator
shall also provide for such notification to the Federal official charged
with direct responsibility for management of any lands within any such
area. Such notification shall include a copy of all information relevant
to the permit application and shall be given within 30 days of receipt
and at least 60 days prior to any public hearing on the application for
a permit to construct. Such notification shall include an analysis of
the proposed source's anticipated impacts on visibility in any
visibility protection area. The Administrator shall also notify all
affected FLM's within 30 days of receipt of any advance notification of
any such permit application.
(3) The Administrator shall consider any analysis performed by the
Federal land manager, provided within 30 days of the notification
required by paragraph (e)(2) of this section, that such proposed new
major stationary source or major modification may have an adverse impact
on visibility in any visibility protection area. Where the Administrator
finds that such an analysis does not demonstrate to the satisfaction of
the Administrator that an adverse impact on visibility will result in
the visibility protection area, the Administrator must, in the notice of
public hearing, either explain his decision or give notice as to where
the explanation can be obtained.
(f) Public participation. The Administrator shall follow the
applicable procedures of 40 CFR part 124 in processing applications
under this section. The Administrator shall follow the procedures at 40
CFR 52.21(q) as in effect on August 7, 1980, to the extent that the
procedures of 40 CFR part 124 do not apply.
(g) National visibility goal. The Administrator shall only issue
permits to those sources whose emissions will be consistent with making
reasonable progress toward the national goal of preventing any future,
and remedying any existing, impairment of visibility in visibility
protection areas which impairment results from man-made air pollution.
In making the decision to issue a permit, the Administrator may take
into account the costs of compliance, the time necessary for compliance,
the energy and nonair quality environmental impacts of compliance, and
the useful life of the source.
(h) Monitoring. The Administrator may require monitoring of
visibility in any visibility protection area near the proposed new
stationary source or major modification for such purposes and by such
means as the Administrator deems necessary and appropriate.
(i) Delegation of authority. (1) The Administrator shall have the
authority to delegate the responsibility for conducting source review
pursuant to this section to any agency in accordance with paragraphs
(i)(2) and (3) of this section.
(2) Where the Administrator delegates the responsibility for
conducting source review under this section to any agency other than a
Regional Office of the Environmental Protection Agency, the following
provisions shall apply:
[[Page 60]]
(i) Where the delegate agency is not an air pollution control agency
it shall consult with the appropriate State and local air pollution
control agency prior to making any determination under this section.
Similarly, where the delegate agency does not have continuing
responsibility for managing land use, it shall consult with the
appropriate State and local agency primarily responsible for managing
land use prior to making any determination under this section.
(ii) The delegate agency shall submit a copy of any public comment
notice required under paragraph (f) of this section to the Administrator
through the appropriate Regional Office.
(3) The Administrator's authority for reviewing a source or
modification located on an Indian Reservation shall not be redelegated
other than to a Regional Office of the Environmental Protection Agency,
except where the State has assumed jurisdiction over such land under
other laws. Where the State has assumed such jurisdiction, the
Administrator may delegate his authority to the States in accordance
with paragraph (i)(2) of this section.
[50 FR 28551, July 12, 1985]
Sec. 52.29 [Reserved]
Sec. 52.30 Criteria for limiting application of sanctions
under section 110(m) of the Clean Air Act on a statewide basis.
(a) Definitions. For the purpose of this section:
(1) The term ``political subdivision'' refers to the representative
body that is responsible for adopting and/or implementing air pollution
controls for one, or any combination of one or more of the following:
city, town, borough, county, parish, district, or any other geographical
subdivision created by, or pursuant to, Federal or State law. This will
include any agency designated under section 174, 42 U.S.C. 7504, by the
State to carry out the air planning responsibilities under part D.
(2) The term ``required activity'' means the submission of a plan or
plan item, or the implementation of a plan or plan item.
(3) The term ``deficiency'' means the failure to perform a required
activity as defined in paragraph (a)(2) of this section.
(4) For purposes of Sec. 52.30, the terms ``plan'' or ``plan item''
mean an implementation plan or portion of an implementation plan or
action needed to prepare such plan required by the Clean Air Act, as
amended in 1990, or in response to a SIP call issued pursuant to section
110(k)(5) of the Act.
(b) Sanctions. During the 24 months after a finding, determination,
or disapproval under section 179(a) of the Clean Air Act is made, EPA
will not impose sanctions under section 110(m) of the Act on a statewide
basis if the Administrator finds that one or more political subdivisions
of the State are principally responsible for the deficiency on which the
finding, disapproval, or determination as provided under section
179(a)(1) through (4) is based.
(c) Criteria. For the purposes of this provision, EPA will consider
a political subdivision to be principally responsible for the deficiency
on which a section 179(a) finding is based, if all five of the following
criteria are met.
(1) The State has provided adequate legal authority to a political
subdivision to perform the required activity.
(2) The required activity is one which has traditionally been
performed by the local political subdivision, or the responsibility for
performing the required activity has been delegated to the political
subdivision.
(3) The State has provided adequate funding or authority to obtain
funding (when funding is necessary to carry out the required activity)
to the political subdivision to perform the required activity.
(4) The political subdivision has agreed to perform (and has not
revoked that agreement), or is required by State law to accept
responsibility for performing, the required activity.
(5) The political subdivision has failed to perform the required
activity.
(d) Imposition of sanctions. (1) If all of the criteria in paragraph
(c) of this section have been met through the action or inaction of one
political subdivision, EPA will not impose sanctions on a statewide
basis.
(2) If not all of the criteria in paragraph (c) of this section have
been met
[[Page 61]]
through the action or inaction of one political subdivision, EPA will
determine the area for which it is reasonable and appropriate to apply
sanctions.
[59 FR 1484, Jan. 11, 1994]
Sec. 52.31 Selection of sequence of mandatory sanctions for findings
made pursuant to section 179 of the Clean Air Act.
(a) Purpose. The purpose of this section is to implement 42 U.S.C.
7509(a) of the Act, with respect to the sequence in which sanctions will
automatically apply under 42 U.S.C. 7509(b), following a finding made by
the Administrator pursuant to 42 U.S.C. 7509(a).
(b) Definitions. All terms used in this section, but not
specifically defined herein, shall have the meaning given them in Sec.
52.01.
(1) 1990 Amendments means the 1990 Amendments to the Clean Air Act
(Pub. L. No. 101-549, 104 Stat. 2399).
(2) Act means Clean Air Act, as amended in 1990 (42 U.S.C. 7401 et
seq. (1991)).
(3) Affected area means the geographic area subject to or covered by
the Act requirement that is the subject of the finding and either, for
purposes of the offset sanction under paragraph (e)(1) of this section
and the highway sanction under paragraph (e)(2) of this section, is or
is within an area designated nonattainment under 42 U.S.C. 7407(d) or,
for purposes of the offset sanction under paragraph (e)(1) of this
section, is or is within an area otherwise subject to the emission
offset requirements of 42 U.S.C. 7503.
(4) Criteria pollutant means a pollutant for which the Administrator
has promulgated a national ambient air quality standard pursuant to 42
U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter,
carbon monoxide, nitrogen dioxide).
(5) Findings or Finding refer(s) to one or more of the findings,
disapprovals, and determinations described in subsection 52.31 (c).
(6) NAAQS means national ambient air quality standard the
Administrator has promulgated pursuant to 42 U.S.C. 7409.
(7) Ozone precursors mean nitrogen oxides (NOX) and
volatile organic compounds (VOC).
(8) Part D means part D of title I of the Act.
(9) Part D SIP or SIP revision or plan means a State implementation
plan or plan revision that States are required to submit or revise
pursuant to part D.
(10) Precursor means pollutant which is transformed in the
atmosphere (later in time and space from point of emission) to form (or
contribute to the formation of) a criteria pollutant.
(c) Applicability. This section shall apply to any State in which an
affected area is located and for which the Administrator has made one of
the following findings, with respect to any part D SIP or SIP revision
required under the Act:
(1) A finding that a State has failed, for an area designated
nonattainment under 42 U.S.C. 7407(d), to submit a plan, or to submit
one or more of the elements (as determined by the Administrator)
required by the provisions of the Act applicable to such an area, or has
failed to make a submission for such an area that satisfies the minimum
criteria established in relation to any such element under 42 U.S.C.
7410(k);
(2) A disapproval of a submission under 42 U.S.C. 7410(k), for an
area designated nonattainment under 42 U.S.C. 7407(d), based on the
submission's failure to meet one or more of the elements required by the
provisions of the Act applicable to such an area;
(3)(i) A determination that a State has failed to make any
submission required under the Act, other than one described under
paragraph (c)(1) or (c)(2) of this section, including an adequate
maintenance plan, or has failed to make any submission, required under
the Act, other than one described under paragraph (c)(1) or (c)(2) of
this section, that satisfies the minimum criteria established in
relation to such submission under 42 U.S.C. 7410(k)(1)(A); or
(ii) A disapproval in whole or in part of a submission described
under paragraph (c)(3)(i) of this section; or
(4) A finding that any requirement of an approved plan (or approved
part of a plan) is not being implemented.
[[Page 62]]
(d) Sanction application sequencing. (1) To implement 42 U.S.C.
7509(a), the offset sanction under paragraph (e)(1) of this section
shall apply in an affected area 18 months from the date when the
Administrator makes a finding under paragraph (c) of this section unless
the Administrator affirmatively determines that the deficiency forming
the basis of the finding has been corrected. To further implement 42
U.S.C. 7509(a), the highway sanction under paragraph (e)(2) of this
section shall apply in an affected area 6 months from the date the
offset sanction under paragraph (e)(1) of this section applies, unless
the Administrator affirmatively determines that the deficiency forming
the basis of the finding has been corrected. For the findings under
paragraphs (c)(2), (c)(3)(ii), and (c)(4) of this section, the date of
the finding shall be the effective date as defined in the final action
triggering the sanctions clock.
(2)(i) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and the
Administrator, prior to 18 months from the finding, has proposed to
fully or conditionally approve the revised plan and has issued an
interim final determination that the revised plan corrects the
deficiency prompting the finding, application of the offset sanction
under paragraph (e)(1) of this section shall be deferred unless and
until the Administrator proposes to or takes final action to disapprove
the plan in whole or in part. If the Administrator issues such a
proposed or final disapproval of the plan, the offset sanction under
paragraph (e)(1) of this section shall apply in the affected area on the
later of the date the Administrator issues such a proposed or final
disapproval, or 18 months following the finding that started the
sanctions clock. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area 6 months after the date the
offset sanction under paragraph (e)(1) of this section applies, unless
the Administrator determines that the deficiency forming the basis of
the finding has been corrected.
(ii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and after
18 but before 24 months from the finding the Administrator has proposed
to fully or conditionally approve the revised plan and has issued an
interim final determination that the revised plan corrects the
deficiency prompting the finding, application of the offset sanction
under paragraph (e)(1) of this section shall be stayed and application
of the highway sanction under paragraph (e)(2) of this section shall be
deferred unless and until the Administrator proposes to or takes final
action to disapprove the plan in whole or in part. If the Administrator
issues such a proposed or final disapproval of the plan, the offset
sanction under paragraph (e)(1) of this section shall reapply in the
affected area on the date the Administrator issues such a proposed or
final disapproval. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area on the later of 6 months from
the date the offset sanction under paragraph (e)(1) of this section
first applied in the affected area, unless the Administrator determines
that the deficiency forming the basis of the finding has been corrected,
or immediately if the proposed or final disapproval occurs more than 6
months after initial application of the offset sanction under paragraph
(e)(1) of this section.
(iii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and more
than 24 months after the finding the Administrator has proposed to fully
or conditionally approve the revised plan and has issued an interim
final determination that the revised plan corrects the deficiency
prompting the finding, application of the offset sanction under
paragraph (e)(1) of this section and application of the highway sanction
under paragraph (e)(2) of this section
[[Page 63]]
shall be stayed unless and until the Administrator proposes to or takes
final action to disapprove the plan in whole or in part. If the
Administrator issues such a proposed or final disapproval, the offset
sanction under paragraph (e)(1) of this section and the highway sanction
under paragraph (e)(2) of this section shall reapply in the affected
area on the date the Administrator issues such proposed or final
disapproval.
(3)(i) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and the
Administrator, prior to 18 months from the finding, has conditionally-
approved the revised plan and has issued an interim final determination
that the revised plan corrects the deficiency prompting the finding,
application of the offset sanction under paragraph (e)(1) of this
section shall be deferred unless and until the conditional approval
converts to a disapproval or the Administrator proposes to or takes
final action to disapprove in whole or in part the revised SIP the State
submits to fulfill the commitment in the conditionally-approved plan. If
the conditional approval so becomes a disapproval or the Administrator
issues such a proposed or final disapproval, the offset sanction under
paragraph (e)(1) of this section shall apply in the affected area on the
later of the date the approval becomes a disapproval or the
Administrator issues such a proposed or final disapproval, whichever is
applicable, or 18 months following the finding that started the
sanctions clock. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area 6 months after the date the
offset sanction under paragraph (e)(1) of this section applies, unless
the Administrator determines that the deficiency forming the basis of
the finding has been corrected.
(ii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and after
18 but before 24 months from the finding the Administrator has
conditionally approved the revised plan and has issued an interim final
determination that the revised plan corrects the deficiency prompting
the finding, application of the offset sanction under paragraph (e)(1)
of this section shall be stayed and application of the highway sanction
under paragraph (e)(2) of this section shall be deferred unless and
until the conditional approval converts to a disapproval or the
Administrator proposes to or takes final action to disapprove in whole
or in part the revised SIP the State submits to fulfill the commitment
in the conditionally-approved plan. If the conditional approval so
becomes a disapproval or the Administrator issues such a proposed or
final disapproval, the offset sanction under paragraph (e)(1) of this
section shall reapply in the affected area on the date the approval
becomes a disapproval or the Administrator issues such a proposed or
final disapproval, whichever is applicable. The highway sanction under
paragraph (e)(2) of this section shall apply in the affected area on the
later of 6 months from the date the offset sanction under paragraph
(e)(1) of this section first applied in the affected area, unless the
Administrator determines that the deficiency forming the basis of the
finding has been corrected, or immediately if the conditional approval
becomes a disapproval or the Administrator issues such a proposed or
final disapproval, whichever is applicable, more than 6 months after
initial application of the offset sanction under paragraph (e)(1) of
this section.
(iii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and after
24 months from the finding the Administrator has conditionally approved
the revised plan and has issued an interim final determination that the
revised plan corrects the deficiency prompting the finding, application
of the offset sanction under paragraph (e)(1) of this section and
application of the highway sanction under paragraph (e)(2) of this
[[Page 64]]
section shall be stayed unless and until the conditional approval
converts to a disapproval or the Administrator proposes to or takes
final action to disapprove in whole or in part the revised SIP the State
submits to fulfill its commitment in the conditionally-approved plan. If
the conditional approval so becomes a disapproval or the Administrator
issues such a proposed or final disapproval, the offset sanction under
paragraph (e)(1) of this section and the highway sanction under
paragraph (e)(2) of this section shall reapply in the affected area on
the date the conditional approval becomes a disapproval or the
Administrator issues such a proposed or final disapproval, whichever is
applicable.
(4)(i) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4)
of this section, if the Administrator, prior to 18 months from the
finding, has proposed to find that the State is implementing the
approved plan and has issued an interim final determination that the
deficiency prompting the finding has been corrected, application of the
offset sanction under paragraph (e)(1) of this section shall be deferred
unless and until the Administrator preliminarily or finally determines,
through a proposed or final finding, that the State is not implementing
the approved plan and that, therefore, the State has not corrected the
deficiency. If the Administrator so preliminarily or finally determines
that the State has not corrected the deficiency, the offset sanction
under paragraph (e)(1) of this section shall apply in the affected area
on the later of the date the Administrator proposes to take action or
takes final action to find that the finding of nonimplementation has not
been corrected, or 18 months following the finding that started the
sanctions clock. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area 6 months after the date the
offset sanction under paragraph (e)(1) of this section first applies,
unless the Administrator preliminarily or finally determines that the
deficiency forming the basis of the finding has been corrected.
(ii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4)
of this section, if after 18 months but before 24 months from the
finding the Administrator has proposed to find that the State is
implementing the approved plan and has issued an interim final
determination that the deficiency prompting the finding has been
corrected, application of the offset sanction under paragraph (e)(1) of
this section shall be stayed and application of the highway sanction
under paragraph (e)(2) of this section shall be deferred unless and
until the Administrator preliminarily or finally determines, through a
proposed or final finding, that the State is not implementing the
approved plan and that, therefore, the State has not corrected the
deficiency. If the Administrator so preliminarily or finally determines
that the State has not corrected the deficiency, the offset sanction
under paragraph (e)(1) of this section shall reapply in the affected
area on the date the Administrator proposes to take action or takes
final action to find that the finding of nonimplementation has not been
corrected. The highway sanction under paragraph (e)(2) of this section
shall apply in the affected area on the later of 6 months from the date
the offset sanction under paragraph (e)(1) of this section first applied
in the affected area, unless the Administrator preliminarily or finally
determines that the deficiency forming the basis of the finding has been
corrected, or immediately if EPA's proposed or final action finding the
deficiency has not been corrected occurs more than 6 months after
initial application of the offset sanction under paragraph (e)(1) of
this section.
(iii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4)
of this section, if after 24 months from the finding the Administrator
has proposed to find that the State is implementing the approved plan
and has issued an interim final determination that the deficiency
prompting the finding has been corrected, application of the offset
sanction under paragraph (e)(1) of this section and the highway sanction
under
[[Page 65]]
paragraph (e)(2) of this section shall be stayed unless and until the
Administrator preliminarily or finally determines, through a proposed or
final finding, that the State is not implementing the approved plan, and
that, therefore, the State has not corrected the deficiency. If the
Administrator so preliminarily or finally determines that the State has
not corrected the deficiency, the offset sanction under paragraph (e)(1)
of this section and the highway sanction under paragraph (e)(2) of this
section shall reapply in the affected area on the date the Administrator
proposes to take action or takes final action to find that the finding
of nonimplementation has not been corrected.
(5) Any sanction clock started by a finding under paragraph (c) of
this section will be permanently stopped and sanctions applied, stayed
or deferred will be permanently lifted upon a final EPA finding that the
deficiency forming the basis of the finding has been corrected. For a
sanctions clock and applied sanctions based on a finding under
paragraphs (c)(1) and (c)(3)(i) of this section, a finding that the
deficiency has been corrected will occur by letter from the
Administrator to the State governor. For a sanctions clock or applied,
stayed or deferred sanctions based on a finding under paragraphs (c)(2)
and (c)(3)(ii) of this section, a finding that the deficiency has been
corrected will occur through a final notice in the Federal Register
fully approving the revised SIP. For a sanctions clock or applied,
stayed or deferred sanctions based on a finding under paragraph (c)(4)
of this section, a finding that the deficiency has been corrected will
occur through a final notice in the Federal Register finding that the
State is implementing the approved SIP.
(6) Notwithstanding paragraph (d)(1) of this section, nothing in
this section will prohibit the Administrator from determining through
notice-and-comment rulemaking that in specific circumstances the highway
sanction, rather than the offset sanction, shall apply 18 months after
the Administrator makes one of the findings under paragraph (c) of this
section, and that the offset sanction, rather than the highway sanction,
shall apply 6 months from the date the highway sanction applies.
(e) Available sanctions and method for implementation--(1) Offset
sanction. (i) As further set forth in paragraphs (e)(1)(ii)-(e)(1)(vi)
of this section, the State shall apply the emissions offset requirement
in the timeframe prescribed under paragraph (d) of this section on those
affected areas subject under paragraph (d) of this section to the offset
sanction. The State shall apply the emission offset requirements in
accordance with 42 U.S.C. 7503 and 7509(b)(2), at a ratio of at least
two units of emission reductions for each unit of increased emissions of
the pollutant(s) and its (their) precursors for which the finding(s)
under paragraph (c) of this section is (are) made. If the deficiency
prompting the finding under paragraph (c) of this section is not
specific to one or more particular pollutants and their precursors, the
2-to-1 ratio shall apply to all pollutants (and their precursors) for
which an affected area within the State listed in paragraph (e)(1)(i) of
this section is required to meet the offset requirements of 42 U.S.C.
7503.
(ii) Notwithstanding paragraph (e)(1)(i) of this section, when a
finding is made with respect to a requirement for the criteria pollutant
ozone or when the finding is not pollutant-specific, the State shall not
apply the emissions offset requirements at a ratio of at least 2-to-1
for emission reductions to increased emissions for nitrogen oxides
where, under 42 U.S.C. 7511a(f), the Administrator has approved an
NOX exemption for the affected area from the Act's new source
review requirements under 42 U.S.C. 7501-7515 for NOX or
where the affected area is not otherwise subject to the Act's new source
review requirements for emission offsets under 42 U.S.C. 7501-7515 for
NOX.
(iii) Notwithstanding paragraph (e)(1)(i) of this section, when a
finding under paragraph (c) of this section is made with respect to PM-
10, or the finding is not pollutant-specific, the State shall not apply
the emissions offset requirements, at a ratio of at least 2-to-1 for
emission reductions to increased emissions to PM-10 precursors
[[Page 66]]
if the Administrator has determined under 42 U.S.C. 7513a(e) that major
stationary sources of PM-10 precursors do not contribute significantly
to PM-10 levels which exceed the NAAQS in the affected area.
(iv) For purposes of applying the emissions offset requirement set
forth in 42 U.S.C. 7503, at the 2-to-1 ratio required under this
section, the State shall comply with the provisions of a State-adopted
new source review (NSR) program that EPA has approved under 42 U.S.C.
7410(k)(3) as meeting the nonattainment area NSR requirements of 42
U.S.C. 7501-7515, as amended by the 1990 Amendments, or, if no plan has
been so approved, the State shall comply directly with the nonattainment
area NSR requirements specified in 42 U.S.C. 7501-7515, as amended by
the 1990 Amendments, or cease issuing permits to construct and operate
major new or modified sources as defined in those requirements. For
purposes of applying the offset requirement under 42 U.S.C. 7503 where
EPA has not fully approved a State's NSR program as meeting the
requirements of part D, the specifications of those provisions shall
supersede any State requirement that is less stringent or inconsistent.
(v) For purposes of applying the emissions offset requirement set
forth in 42 U.S.C. 7503, any permit required pursuant to 42 U.S.C. 7503
and issued on or after the date the offset sanction applies under
paragraph (d) of this section shall be subject to the enhanced 2-to-1
ratio under paragraph (e)(1)(i) of this section.
(2) Highway funding sanction. The highway sanction shall apply, as
provided in 42 U.S.C. 7509(b)(1), in the timeframe prescribed under
paragraph (d) of this section on those affected areas subject under
paragraph (d) of this section to the highway sanction, but shall apply
only to those portions of affected areas that are designated
nonattainment under 40 CFR part 81.
[59 FR 39859, Aug. 4, 1994]
Sec. 52.32 Sanctions following findings of SIP inadequacy.
For purposes of the SIP revisions required by Sec. 51.120, EPA may
make a finding under section 179(a) (1)-(4) of the Clean Air Act, 42
U.S.C. 7509(a) (1)-(4), starting the sanctions process set forth in
section 179(a) of the Clean Air Act. Any such finding will be deemed a
finding under Sec. 52.31(c) and sanctions will be imposed in accordance
with the order of sanctions and the terms for such sanctions established
in Sec. 52.31.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.33 Compliance certifications.
(a) For the purpose of submitting compliance certifications, nothing
in this part or in a plan promulgated by the Administrator shall
preclude the use, including the exclusive use, of any credible evidence
or information, relevant to whether a source would have been in
compliance with applicable requirements if the appropriate performance
or compliance test had been performed.
(b) For all federal implementation plans, paragraph (a) of this
section is incorporated into the plan.
[62 FR 8328, Feb. 24, 1997]
Sec. 52.34 Action on petitions submitted under section 126 relating to
emissions of nitrogen oxides.
(a) Definitions. For purposes of this section, the following
definitions apply:
(1) Administrator means the Administrator of the United States
Environmental Protection Agency or the Administrator's duly authorized
representative.
(2) Large Electric Generating Units (large EGUs) means:
(i) For units that commenced operation before January 1, 1997, a
unit serving during 1995 or 1996 a generator that had a nameplate
capacity greater than 25 MWe and produced electricity for sale under a
firm contract to the electric grid.
(ii) For units that commenced operation on or after January 1, 1997
and before January 1, 1999, a unit serving at any time during 1997 or
1998 a generator that had a nameplate capacity greater than 25 MWe and
produced electricity for sale under a firm contract to the electric
grid.
(iii) For units that commence operation on or after January 1, 1999,
a unit serving at any time a generator that has a nameplate capacity
greater than
[[Page 67]]
25 MWe and produces electricity for sale.
(3) Large Non-Electric Generating Units (large non-EGUs) means:
(i) For units that commenced operation before January 1, 1997, a
unit that has a maximum design heat input greater than 250 mmBtu/hr and
that did not serve during 1995 or 1996 a generator producing electricity
for sale under a firm contract to the electric grid.
(ii) For units that commenced operation on or after January 1, 1997
and before January 1, 1999, a unit that has a maximum design heat input
greater than 250 mmBtu/hr and that did not serve at any time during 1997
or 1998 a generator producing electricity for sale under a firm contract
to the electric grid.
(iii) For units that commence operation on or after January 1, 1999,
a unit with a maximum design heat input greater than 250 mmBtu/hr that:
(A) At no time serves a generator producing electricity for sale; or
(B) At any time serves a generator producing electricity for sale,
if any such generator has a nameplate capacity of 25 MWe or less and has
the potential to use 50 percent or less of the potential electrical
output capacity of the unit.
(4) New sources means new and modified sources.
(5) NOX means oxides of nitrogen.
(6) OTAG means the Ozone Transport Assessment Group (active 1995-
1997), a national work group that addressed the problem of ground-level
ozone and the long-range transport of air pollution across the Eastern
United States. The OTAG was a partnership between EPA, the Environmental
Council of the States, and various industry and environmental groups.
(7) Ozone season means the period of time beginning May 1 of a year
and ending on September 30 of the same year, inclusive.
(8) Potential electrical output capacity means, with regard to a
unit, 33 percent of the maximum design heat input of the unit.
(9) Unit means a fossil-fuel fired stationary boiler, combustion
turbine, or combined cycle system.
(b) Purpose and applicability. Paragraphs (c), (e)(1) and (e)(2),
(g), and (h)(1) and (h)(2) of this section set forth the Administrator's
findings with respect to the 1-hour national ambient air quality
standard (NAAQS) for ozone that certain new and existing sources of
emissions of nitrogen oxides (``NOX'') in certain States emit
or would emit NOX in violation of the prohibition in section
110(a)(2)(D)(i) of the Clean Air Act (CAA) on emissions in amounts that
contribute significantly to nonattainment in certain States that
submitted petitions in 1997-1998 addressing such NOX
emissions under section 126 of the CAA. Paragraphs (d), (e)(3) and
(e)(4), (f), and (h)(3) and (h)(4) of this section set forth the
Administrator's affirmative technical determinations with respect to the
8-hour NAAQS for ozone that certain new and existing sources of
emissions of NOX in certain States emit or would emit
NOX in violation of the prohibition in section
110(a)(2)(D)(i) of the CAA on emissions in amounts that contribute
significantly to nonattainment in, or interfere with maintenance by,
certain States that submitted petitions in 1997-1998 addressing such
NOX emissions under section 126 of the CAA. (As used in this
section, the term new source includes modified sources, as well.)
Paragraph (i) of this section explains the circumstances under which the
findings for sources in a specific State would be withdrawn. Paragraph
(j) of this section sets forth the control requirements that apply to
the sources of NOX emissions affected by the findings.
Paragraph (k) of this section indefinitely stays the effectiveness of
the affirmative technical determinations with respect to the 8-hour
ozone standard.
(1) The States that submitted such petitions are Connecticut, Maine,
Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and
Vermont (each of which, hereinafter in this section, may be referred to
also as a ``petitioning State'').
(2) The new and existing sources of NOX emissions covered
by the petitions that emit or would emit NOX emissions in
amounts that make such significant
[[Page 68]]
contributions are large electric generating units (EGUs) and large non-
EGUs.
(c) Section 126(b) findings relating to impacts on ozone levels in
Connecticut--(1) Section 126(b) findings with respect to the 1-hour
ozone standard in Connecticut. The Administrator finds that any existing
or new major source or group of stationary sources emits or would emit
NOX in violation of the Clean Air Act section 110(a)(2)(d)(i)
prohibition with respect to the 1-hour ozone standard in the State of
Connecticut if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (c)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Connecticut.
(2) States or portions of States that contain sources for which the
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in Connecticut. The States, or portions of States,
that contain sources of NOX emissions for which the
Administrator is making section 126(b) findings under paragraph (c)(1)
of this section are:
(i) Delaware.
(ii) District of Columbia.
(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as
shown in appendix F, Figure F-2, of this part.
(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in
appendix F, Figure F-2, of this part.
(v) Maryland.
(vi) Portion of Michigan located south of 44 degrees latitude in
OTAG Subregion 2, as shown in appendix F, Figure F-2, of this part.
(vii) Portion of North Carolina located in OTAG Subregion 7, as
shown in appendix F, Figure F-2, of this part.
(viii) New Jersey.
(ix) Portion of New York extending west and south of Connecticut, as
shown in appendix F, Figure F-2, of this part.
(x) Ohio.
(xi) Pennsylvania.
(xii) Virginia.
(xiii) West Virginia.
(d) Affirmative technical determinations relating to impacts on
ozone levels in Maine--(1) Affirmative technical determinations with
respect to the 8-hour ozone standard in Maine. The Administrator of EPA
finds that any existing or new major source or group of stationary
sources emits or would emit NOX in amounts that contribute
significantly to nonattainment in the State of Maine, with respect to
the 8-hour NAAQS for ozone if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (d)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 of appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Maine.
(2) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Maine. The States that contain sources for which
EPA is making an affirmative technical determination are:
(i) Connecticut.
(ii) Delaware.
(iii) District of Columbia.
(iv) Maryland.
(v) Massachusetts.
(vi) New Jersey.
(vii) New York.
(viii) Pennsylvania.
(ix) Rhode Island.
(x) Virginia.
(e) Section 126(b) findings and affirmative technical determinations
relating to impacts on ozone levels in Massachusetts--(1) Section 126(b)
findings with respect to the 1-hour ozone standard in Massachusetts. The
Administrator finds that any existing major source or group of
stationary sources emits NOX in violation of the Clean Air
Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone
standard in the State of Massachusetts if it is:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (e)(2) of this section; and
[[Page 69]]
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Massachusetts.
(2) States that contain sources for which the Administrator is
making section 126(b) findings with respect to the 1-hour ozone standard
in Massachusetts. The portions of States that contain sources of
NOX emissions for which the Administrator is making section
126(b) findings under paragraph (e)(1) of this section are:
(i) All counties in West Virginia located within a 3-county-wide
band of the Ohio River, as shown in appendix F, Figure F-4, of this
part.
(ii) [Reserved]
(3) Affirmative technical determinations with respect to the 8-hour
ozone standard in Massachusetts. The Administrator of EPA finds that any
existing major source or group of stationary sources emits
NOX in amounts that contribute significantly to nonattainment
in, or interfere with maintenance by, the State of Massachusetts, with
respect to the 8-hour NAAQS for ozone if it is:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (e)(4) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Massachusetts.
(4) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Massachusetts. The portions of States that
contain sources for which EPA is making an affirmative technical
determination are:
(i) All counties in Ohio located within a 3-county-wide band of the
Ohio River, as shown in appendix F, Figure F-4, of this part.
(ii) All counties in West Virginia located within a 3-county-wide
band of the Ohio River, as shown in appendix F, Figure F-4, of this
part.
(f) Affirmative technical determinations relating to impacts on
ozone levels in New Hampshire--(1) Affirmative technical determinations
with respect to the 8-hour ozone standard in New Hampshire. The
Administrator of EPA finds that any existing or new major source or
group of stationary sources emits or would emit NOX in
amounts that contribute significantly to nonattainment in, or interfere
with maintenance by, the State of New Hampshire, with respect to the 8-
hour NAAQS for ozone if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (f)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 of appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of New
Hampshire.
(2) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in New Hampshire. The States that contain sources
for which EPA is making an affirmative technical determination are:
(i) Connecticut.
(ii) Delaware.
(iii) District of Columbia.
(iv) Maryland.
(v) Massachusetts.
(vi) New Jersey.
(vii) New York.
(viii) Pennsylvania.
(ix) Rhode Island.
(g) Section 126(b) findings relating to impacts on ozone levels in
the State of New York--(1) Section 126(b) findings with respect to the
1-hour ozone standard in the State of New York. The Administrator finds
that any existing or new major source or group of stationary sources
emits or would emit NOX in violation of the Clean Air Act
section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone
standard in the State of New York if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (g)(2) of this section; and
[[Page 70]]
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of New
York.
(2) States or portions of States that contain sources for which the
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in New York. The States, or portions of States, that
contain sources of NOX emissions for which the Administrator
is making section 126(b) findings under paragraph (g)(1) of this section
are:
(i) Delaware.
(ii) District of Columbia.
(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as
shown in appendix F, Figure F-6, of this part.
(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in
appendix F, Figure F-6, of this part.
(v) Maryland.
(vi) Portion of Michigan located south of 44 degrees latitude in
OTAG Subregion 2, as shown in appendix F, Figure F-6, of this part.
(vii) Portion of North Carolina located in OTAG Subregions 6 and 7,
as shown in appendix F, Figure F-6, of this part.
(viii) New Jersey.
(ix) Ohio.
(x) Pennsylvania.
(xi) Virginia.
(xii) West Virginia.
(h) Section 126(b) findings and affirmative technical determinations
relating to impacts on ozone levels in the State of Pennsylvania--(1)
Section 126(b) findings with respect to the 1-hour ozone standard in the
State of Pennsylvania. The Administrator finds that any existing or new
major source or group of stationary sources emits or would emit
NOX in violation of the Clean Air Act section 110(a)(2)(d)(i)
prohibition with respect to the 1-hour ozone standard in the State of
Pennsylvania if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (h)(2) of this section; and (iii) Within one of the ``Named
Source Categories'' listed in the portion of Table F-1 in appendix F of
this part describing the sources of NOX emissions covered by
the petition of the State of Pennsylvania.
(2) States that contain sources for which the Administrator is
making section 126(b) findings with respect to the 1-hour ozone standard
in Pennsylvania. The States that contain sources of NOX
emissions for which the Administrator is making section 126(b) findings
under paragraph (h)(1) of this section are:
(i) North Carolina.
(ii) Ohio.
(iii) Virginia.
(iv) West Virginia.
(3) Affirmative technical determinations with respect to the 8-hour
ozone standard in Pennsylvania. The Administrator of EPA finds that any
existing or new major source or group of stationary sources emits or
would emit NOX in amounts that contribute significantly to
nonattainment in, or interfere with maintenance by, the State of
Pennsylvania, with respect to the 8-hour NAAQS for ozone:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (h)(4) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Pennsylvania.
(4) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Pennsylvania. The States that contain sources for
which EPA is making an affirmative technical determination are:
(i) Alabama.
(ii) Illinois.
(iii) Indiana.
(iv) Kentucky.
(v) Michigan.
(vi) Missouri.
(vii) North Carolina.
(viii) Ohio.
(ix) Tennessee.
(x) Virginia.
(xi) West Virginia.
(i) Withdrawal of section 126 findings. Notwithstanding any other
provision of this subpart, a finding under paragraphs (c), (e)(1) and
(e)(2), (g), and
[[Page 71]]
(h)(1) and (h)(2) of this section as to a particular major source or
group of stationary sources in a particular State will be deemed to be
withdrawn, and the corresponding part of the relevant petition(s)
denied, if the Administrator issues a final action putting in place
implementation plan provisions that comply with the requirements of
Sec. Sec. 51.121 and 51.122 of this chapter for such State.
(j) Section 126 control remedy. The Federal NOX Budget
Trading Program in part 97 of this chapter applies to the owner or
operator of any new or existing large EGU or large non-EGU as to which
the Administrator makes a finding under section 126(b) of the Clean Air
Act pursuant to the provisions of paragraphs (c), (e)(1) and (e)(2),
(g), and (h)(1) and (h)(2) of this section.
(k) Stay of findings with respect to the 8-hour ozone standard.
Notwithstanding any other provisions of this subpart, the effectiveness
of paragraphs (d), (e)(3) and (e)(4), (f), (h)(3) and (h)(4) of this
section is stayed.
(l) Temporary stay of rules. Notwithstanding any other provisions of
this subpart, the effectiveness of this section is stayed from July 26,
1999 until February 17, 2000.
[64 FR 28318, May 25, 1999, as amended at 64 FR 33961, June 24, 1999; 65
FR 2042, Jan. 13, 2000; 65 FR 2726, Jan. 18, 2000; 69 FR 31505, June 3,
2004]
Sec. 52.35 What are the requirements of the Federal Implementation Plans
(FIPs) for the Clean Air Interstate Rule (CAIR) relating to emissions
of nitrogen oxides?
(a)(1) The Federal CAIR NOX Annual Trading Program
provisions of part 97 of this chapter constitute the Clean Air
Interstate Rule Federal Implementation Plan provisions that relate to
annual emissions of nitrogen oxides (NOX). Each State that is
described in Sec. 51.123(c)(1) and (2) of this chapter received a
finding by the Administrator that the State failed to submit a State
Implementation Plan (SIP) to satisfy the requirements of section
110(a)(2)(D)(i)(I) of the Clean Air Act for the PM2.5 NAAQS.
The provisions of subparts AA through II of part 97 of this chapter,
regarding the CAIR NOX Annual Trading Program, apply to the
sources in each of these States that has not promulgated a SIP approved
by the Administrator as correcting that deficiency. Following
promulgation of an approval by the Administrator of a State's SIP as
meeting the requirements of CAIR for PM2.5 relating to
NOX under Sec. 51.123 of this chapter, these provisions of
part 97 of this chapter will no longer apply to the sources in that
State, except to the extent the Administrator's approval of the SIP is
partial or conditional or unless such approval is under Sec. 51.123(p)
of this chapter.
(2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated any CAIR NOX allowances
to sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of CAIR
NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP that provides for the allocation
of the remaining CAIR NOX allowances for those years.
(b)(1) The Federal CAIR NOX Ozone Season Trading Program
provisions of part 97 of this chapter constitute the Clean Air
Interstate Rule Federal Implementation Plan provisions that relate to
emissions of nitrogen oxides (NOX) during the ozone season,
as defined in Sec. 97.302 of this chapter. Each State that is described
in Sec. 51.123(c)(1) and (3) of this chapter received a finding by the
Administrator that the State failed to submit a State Implementation
Plan (SIP) to satisfy the requirements of section 110(a)(2)(D)(i)(I) of
the Clean Air Act for the 8-hour ozone NAAQS. The provisions of subparts
AAAA through IIII of part 97 of this chapter, regarding the CAIR
NOX Ozone Season Trading Program, apply to sources in each of
these States that has not promulgated a SIP revision approved by the
Administrator as correcting that deficiency. Following promulgation of
an approval by the Administrator of a State's SIP as meeting the
requirements of CAIR for ozone relating to NOX under Sec.
51.123 of this chapter, these provisions of part 97 of this chapter will
no longer apply to
[[Page 72]]
sources in that State, except to the extent the Administrator's approval
of the SIP is partial or conditional or unless such approval is under
Sec. 51.123(ee) of this chapter.
(2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated any CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of part
97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
that provides for the allocation of the remaining CAIR NOX
Ozone Season allowances for those years.
(c) The provisions of this section do not invalidate or otherwise
affect the obligations of States, emissions sources, or other
responsible entities with respect to all portions of plans approved or
promulgated under this part or the obligations of States under the
requirements of Sec. Sec. 51.123 and 51.125 of this chapter.
(d)(1) The States with SIPs approved by the Administrator as meeting
the requirements of CAIR for PM2.5 relating to NOX
under Sec. 51.123(o) of this chapter are: Indiana, and Ohio.
(2) The States with SIPs approved by the Administrator as meeting
the requirements of CAIR for ozone relating to NOX under
Sec. 51.123(aa) of this chapter, are: Indiana, and Ohio.
(e) Notwithstanding paragraphs (a) and (b) of this section, such
paragraphs are not applicable as they relate to sources in the State of
Minnesota as of December 3, 2009, except as provided in Sec.
52.1240(b).
(f) Notwithstanding any provisions of paragraphs (a) through (d) of
this section, subparts AA through II and AAAA through IIII of part 97 of
this chapter, and any State's SIP to the contrary:
(1) With regard to any control period that begins after December 31,
2014,
(i) The provisions in paragraphs (a) through (d) of this section
relating to NOX annual or ozone season emissions shall not be
applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
(2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season allowances
allocated for 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 allowances will be required with regard to
emissions or excess emissions for such control periods.
[72 FR 62343, Nov. 2, 2007, as amended at 74 FR 48862, Sept. 25, 2009;
74 FR 56726, Nov. 3, 2009; 75 FR 72962, Nov. 29, 2010; 76 FR 48353, Aug.
8, 2011; 79 FR 71671, Dec. 3, 2014]
Sec. 52.36 What are the requirements of the Federal Implementation Plans
(FIPs) for the Clean Air Interstate Rule (CAIR) relating to emissions
of sulfur dioxide?
(a) The Federal CAIR SO2 Trading Program provisions of part 97 of
this chapter constitute the Clean Air Interstate Rule Federal
Implementation Plan provisions for emissions of sulfur dioxide
(SO2). Each State that is described in Sec. 51.124(c) of
this chapter is subject to a finding by the Administrator that the State
failed to submit a State Implementation Plan (SIP) to satisfy the
requirements of section 110(a)(2)(D)(i)(I) of the Clean Air Act for the
PM2.5 NAAQS. The provisions of subparts AAA through III of
part 97 of this chapter, regarding the CAIR SO2 Trading
Program, apply to sources in each of these States that has not
promulgated a SIP revision approved by the Administrator as correcting
that deficiency. Following promulgation of
[[Page 73]]
an approval by the Administrator of a State's SIP as meeting the
requirements of CAIR for PM2.5 relating to SO2
under Sec. 51.124 of this chapter, these provisions of part 97 of this
chapter will no longer apply to sources in that State, except to the
extent the Administrator's approval of the SIP is partial or conditional
or unless such approval is under Sec. 51.124(r) of this chapter.
(b) The provisions of this section do not invalidate or otherwise
affect the obligations of States, emissions sources, or other
responsible entities with respect to all portions of plans approved or
promulgated under this part or the obligations of States under the
requirements of Sec. Sec. 51.124 and 51.125 of this chapter.
(c) The States with SIPs approved by the Administrator as meeting
the requirements of CAIR for PM2.5 relating to SO2
under Sec. 51.124(o) of this chapter are: Indiana, and Ohio
(d) Notwithstanding paragraph (a) of this section, such paragraph is
not applicable as it relates to sources in the State of Minnesota as of
December 3, 2009.
(e) Notwithstanding any provisions of paragraphs (a) through (c) of
this section, subparts AAA through III of part 97 of this chapter and
any State's SIP to the contrary:
(1) With regard to any control period that begins after December 31,
2014,
(i) The provisions of paragraphs (a) through (c) 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.
[72 FR 62343, Nov. 2, 2007, as amended at 74 FR 48863, Sept. 25, 2009;
74 FR 56726, Nov. 3, 2009; 75 FR 72962, Nov. 29, 2010; 76 FR 48354, Aug.
8, 2011; 79 FR 71671, Dec. 3, 2014; 81 FR 74586, Oct. 26, 2016]
Sec. 52.37 [Reserved]
Sec. 52.38 What are the requirements of the Federal Implementation Plans
(FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to emissions
of nitrogen oxides?
(a) Annual emissions. (1) The CSAPR NOX Annual Trading
Program provisions set forth in subpart AAAAA of part 97 of this chapter
constitute the CSAPR Federal Implementation Plan provisions that relate
to annual emissions of nitrogen oxides (NOX).
(2)(i) The provisions of subpart AAAAA of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2015 and each subsequent year: Alabama, Georgia, Illinois,
Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota,
Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio,
Pennsylvania, South Carolina, Tennessee, Virginia, West Virginia, and
Wisconsin.
(ii) The provisions of subpart AAAAA of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2015 and 2016 only: Texas.
(3) Notwithstanding the provisions of paragraph (a)(1) of this
section, a State listed in paragraph (a)(2)(i) or (ii) of this section
may adopt and include in a SIP revision, and the Administrator will
approve, as CSAPR NOX Annual allowance allocation provisions
replacing the provisions in Sec. 97.411(a) of this chapter with regard
to the State and the control period in 2016, a list of CSAPR
NOX Annual units and the amount of CSAPR NOX
Annual allowances allocated to each unit on such list, provided that the
list of units and allocations meets the following requirements:
(i) All of the units on the list must be units that are in the State
and commenced commercial operation before January 1, 2010;
(ii) The total amount of CSAPR NOX Annual allowance
allocations on the list must not exceed the amount, under Sec.
97.410(a) of this chapter for the State
[[Page 74]]
and the control period in 2016, of the CSAPR NOX Annual
trading budget minus the sum of the new unit set-aside and Indian
country new unit set-aside;
(iii) The list must be submitted electronically in a format
specified by the Administrator; and
(iv) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart AAAAA of part
97 of this chapter;
(v) Provided that:
(A) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the State's
intent to submit to the Administrator a complete SIP revision meeting
the requirements of paragraphs (a)(3)(i) through (iv) of this section by
April 1, 2015; and
(B) The State must submit to the Administrator a complete SIP
revision described in paragraph (a)(3)(v)(A) of this section by April 1,
2015.
(4) Notwithstanding the provisions of paragraph (a)(1) of this
section, a State listed in paragraph (a)(2)(i) of this section may adopt
and include in a SIP revision, and the Administrator will approve,
regulations revising subpart AAAAA of part 97 of this chapter as follows
and not making any other substantive revisions of that subpart:
(i) The State may adopt, as CSAPR NOX Annual allowance
allocation or auction provisions replacing the provisions in Sec. Sec.
97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to the
State and the control period in 2017 or any subsequent year, any
methodology under which the State or the permitting authority allocates
or auctions CSAPR NOX Annual allowances, and may adopt, in
addition to the definitions in Sec. 97.402 of this chapter, one or more
definitions that shall apply only to terms as used in the adopted CSAPR
NOX Annual allowance allocation or auction provisions, if
such methodology--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Annual
allowances for any such control period not exceeding the amount, under
Sec. Sec. 97.410(a) and 97.421 of this chapter for the State and such
control period, of the CSAPR NOX Annual trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
CSAPR NOX Annual allowances already allocated and recorded by
the Administrator.
(B) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Annual allowances for
any such control period to any CSAPR NOX Annual units covered
by Sec. 97.411(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of CSAPR NOX Annual allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
NOX Annual allowances are allocated or allocations or auction
auctioned results to the Administrator
------------------------------------------------------------------------
2017...................................... June 1, 2016.
2018...................................... June 1, 2016.
2019...................................... June 1, 2017.
2020...................................... June 1, 2017.
2021...................................... June 1, 2018.
2022...................................... June 1, 2018.
2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Annual allowances for
any such control period to any CSAPR NOX Annual units covered
by Sec. Sec. 97.411(b)(1) and 97.412(a) of this chapter, that the State
or the permitting authority submit such allocations or the results of
such auctions (except allocations or results of auctions to such units
of CSAPR NOX Annual allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (a)(4)(i)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines
[[Page 75]]
and does not provide for any change in any allocation determined and
recorded by the Administrator under subpart AAAAA of part 97 of this
chapter;
(ii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (a)(4)(i) of this section by
December 1 of the year before the year of the deadlines for submission
of allocations or auction results under paragraphs (a)(4)(i)(B) and (C)
of this section applicable to the first control period for which the
State wants to make allocations or hold an auction under paragraph
(a)(4)(i) of this section.
(5) Notwithstanding the provisions of paragraph (a)(1) of this
section, a State listed in paragraph (a)(2)(i) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as
correcting the deficiency in the SIP that is the basis for the CSAPR
Federal Implementation Plan set forth in paragraphs (a)(1), (a)(2)(i),
and (a)(3) and (4) of this section with regard to sources in the State
(but not sources in any Indian country within the borders of the State),
regulations that are substantively identical to the provisions of the
CSAPR NOX Annual Trading Program set forth in Sec. Sec.
97.402 through 97.435 of this chapter, except that the SIP revision:
(i) May adopt, as CSAPR NOX Annual allowance allocation
or auction provisions replacing the provisions in Sec. Sec. 97.411(a)
and (b)(1) and 97.412(a) of this chapter with regard to the State and
the control period in 2017 or any subsequent year, any methodology under
which the State or the permitting authority allocates or auctions CSAPR
NOX Annual allowances and that--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Annual
allowances for any such control period not exceeding the amount, under
Sec. Sec. 97.410(a) and 97.421 of this chapter for the State and such
control period, of the CSAPR NOX Annual trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
CSAPR NOX Annual allowances already allocated and recorded by
the Administrator.
(B) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Annual allowances for
any such control period to any CSAPR NOX Annual units covered
by Sec. 97.411(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of CSAPR NOX Annual allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
NOX Annual allowances are allocated or allocations or auction
auctioned results to the Administrator
------------------------------------------------------------------------
2017...................................... June 1, 2016.
2018...................................... June 1, 2016.
2019...................................... June 1, 2017.
2020...................................... June 1, 2017.
2021...................................... June 1, 2018.
2022...................................... June 1, 2018.
2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Annual allowances for
any such control period to any CSAPR NOX Annual units covered
by Sec. Sec. 97.411(b)(1) and 97.412(a) of this chapter, that the State
or the permitting authority submit such allocations or the results of
such auctions (except allocations or results of auctions to such units
of CSAPR NOX Annual allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (a)(5)(i)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart AAAAA of part 97 of this chapter;
(ii) May adopt, in addition to the definitions in Sec. 97.402 of
this chapter, one or more definitions that shall apply only to terms as
used in the
[[Page 76]]
CSAPR NOX Annual allowance allocation or auction provisions
adopted under paragraph (a)(5)(i) of this section;
(iii) May substitute the name of the State for the term ``State'' as
used in subpart AAAAA of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make substantive
changes in the provisions in Sec. Sec. 97.402 through 97.435 of this
chapter; and
(iv) Must not include any of the requirements imposed on any unit in
Indian country within the borders of the State in the provisions in
Sec. Sec. 97.402 through 97.435 of this chapter and must not include
the provisions in Sec. Sec. 97.411(b)(2) and (c)(5)(iii), 97.412(b),
and 97.421(h) and (j) of this chapter, all of which provisions will
continue to apply under any portion of the CSAPR Federal Implementation
Plan that is not replaced by the SIP revision;
(v) Provided that, if and when any covered unit is located in Indian
country within the borders of the State, the Administrator may modify
his or her approval of the SIP revision to exclude the provisions in
Sec. Sec. 97.402 (definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share''), 97.406(c)(2), and 97.425 of this
chapter and the portions of other provisions of subpart AAAAA of part 97
of this chapter referencing these sections and may modify any portion of
the CSAPR Federal Implementation Plan that is not replaced by the SIP
revision to include these provisions;
(vi) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (a)(5)(i) through (iv) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(a)(5)(i)(B) and (C) of this section applicable to the first control
period for which the State wants to make allocations or hold an auction
under paragraph (a)(5)(i) of this section.
(6) Following promulgation of an approval by the Administrator of a
State's SIP revision as correcting the SIP's deficiency that is the
basis for the CSAPR Federal Implementation Plan set forth in paragraphs
(a)(1), (a)(2)(i), and (a)(3) and (4) of this section for sources in the
State, the provisions of paragraph (a)(2)(i) of this section will no
longer apply to sources in the State, unless the Administrator's
approval of the SIP revision is partial or conditional, and will
continue to apply to sources in any Indian country within the borders of
the State, provided that if the CSAPR Federal Implementation Plan 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.
(7) Notwithstanding the provisions of paragraph (a)(6) of this
section, if, at the time of such approval of the State's SIP revision,
the Administrator has already started recording any allocations of 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.
(8) The following States have SIP revisions approved by the
Administrator under paragraph (a)(3), (4), or (5) of this section:
(i) For each of the following States, the Administrator has approved
a SIP revision under paragraph (a)(3) of this section as replacing the
CSAPR NOX Annual allowance allocation provisions in Sec.
97.411(a) of this chapter with regard to the State and the control
period in 2016: Alabama, Kansas, Missouri, and Nebraska.
(ii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (a)(4) of this section as
replacing the CSAPR NOX Annual allowance allocation
provisions in Sec. Sec. 97.411(a) and (b)(1) and 97.412(a) of this
chapter with regard to the State and the control period in 2017 or any
[[Page 77]]
subsequent year: Kansas, Missouri, and New York.
(iii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (a)(5) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (a)(1), (a)(2)(i), and
(a)(3) and (4) of this section with regard to sources in the State (but
not sources in any Indian country within the borders of the State):
Alabama, Georgia, Indiana, and South Carolina.
(b) Ozone season emissions. (1) The CSAPR NOX Ozone
Season Group 1 Trading Program provisions and the CSAPR NOX
Ozone Season Group 2 Trading Program provisions set forth respectively
in subparts BBBBB and EEEEE of part 97 of this chapter constitute the
CSAPR Federal Implementation Plan provisions that relate to emissions of
NOX during the ozone season, defined as May 1 through
September 30 of a calendar year.
(2)(i) The provisions of subpart BBBBB of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2015 and each subsequent year: Georgia.
(ii) The provisions of subpart BBBBB of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2015 and 2016 only: Alabama, Arkansas, Florida, Illinois,
Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Mississippi,
Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma,
Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia,
and Wisconsin.
(iii) The provisions of subpart EEEEE of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2017 and each subsequent year: Alabama, Arkansas, Illinois,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan,
Mississippi, Missouri, New Jersey, New York, Ohio, Oklahoma,
Pennsylvania, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
(3) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2)(i) or (ii) of this section
may adopt and include in a SIP revision, and the Administrator will
approve, as CSAPR NOX Ozone Season Group 1 allowance
allocation provisions replacing the provisions in Sec. 97.511(a) of
this chapter with regard to the State and the control period in 2016, a
list of CSAPR NOX Ozone Season Group 1 units and the amount
of CSAPR NOX Ozone Season Group 1 allowances allocated to
each unit on such list, provided that the list of units and allocations
meets the following requirements:
(i) All of the units on the list must be units that are in the State
and commenced commercial operation before January 1, 2010;
(ii) The total amount of CSAPR NOX Ozone Season Group 1
allowance allocations on the list must not exceed the amount, under
Sec. 97.510(a) of this chapter for the State and the control period in
2016, of the CSAPR NOX Ozone Season Group 1 trading budget
minus the sum of the new unit set-aside and Indian country new unit set-
aside;
(iii) The list must be submitted electronically in a format
specified by the Administrator; and
(iv) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart BBBBB of part
97 of this chapter;
(v) Provided that:
(A) By October 17, 2011 or, for Iowa, Michigan, Missouri, Oklahoma,
and Wisconsin, March 6, 2015, the State must notify the Administrator
electronically in a format specified by the Administrator of the State's
intent to submit to the Administrator a complete SIP revision meeting
the requirements of paragraphs (b)(3)(i) through (iv) of this section by
April 1, 2015 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin,
October 1, 2015; and
(B) The State must submit to the Administrator a complete SIP
revision
[[Page 78]]
described in paragraph (b)(3)(v)(A) of this section by April 1, 2015 or,
for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 1, 2015.
(4) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2)(i) of this section may adopt
and include in a SIP revision, and the Administrator will approve,
regulations revising subpart BBBBB of part 97 of this chapter as follows
and not making any other substantive revisions of that subpart:
(i) The State may adopt, as applicability provisions replacing the
provisions in Sec. 97.504(a)(1) and (2) of this chapter with regard to
the State, provisions substantively identical to those provisions,
except that the words ``more than 25 MWe'' are replaced, wherever such
words appear, by words specifying a uniform lower limit on the amount of
megawatts that is not greater than the amount specified by the words
``more than 25 MWe'' and is not less than the amount specified by the
words ``15 MWe or more''; and
(ii) The State may adopt, as CSAPR NOX Ozone Season Group
1 allowance allocation or auction provisions replacing the provisions in
Sec. Sec. 97.511(a) and (b)(1) and 97.512(a) of this chapter with
regard to the State and the control period in 2017 or any subsequent
year, any methodology under which the State or the permitting authority
allocates or auctions CSAPR NOX Ozone Season Group 1
allowances, and may adopt, in addition to the definitions in Sec.
97.502 of this chapter, one or more definitions that shall apply only to
terms as used in the adopted CSAPR NOX Ozone Season Group 1
allowance allocation or auction provisions, if such methodology--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 1 allowances for any such control period not exceeding the
amount, under Sec. Sec. 97.510(a) and 97.521 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 1 trading budget minus the sum of the Indian country new unit set-
aside and the amount of any CSAPR NOX Ozone Season Group 1
allowances already allocated and recorded by the Administrator.
(B) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 1
allowances for any such control period to any CSAPR NOX Ozone
Season Group 1 units covered by Sec. 97.511(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions for such control period (except allocations or
results of auctions to such units of CSAPR NOX Ozone Season
Group 1 allowances remaining in a set-aside after completion of the
allocations or auctions for which the set-aside was created) to the
Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
NOX Ozone Season Group 1 allowances are allocations or auction
allocated or auctioned results to the Administrator
------------------------------------------------------------------------
2017...................................... June 1, 2016.
2018...................................... June 1, 2016.
2019...................................... June 1, 2017.
2020...................................... June 1, 2017.
2021...................................... June 1, 2018.
2022...................................... June 1, 2018.
2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 1
allowances for any such control period to any CSAPR NOX Ozone
Season Group 1 units covered by Sec. Sec. 97.511(b)(1) and 97.512(a) of
this chapter, that the State or the permitting authority submit such
allocations or the results of such auctions (except allocations or
results of auctions to such units of CSAPR NOX Ozone Season
Group 1 allowances remaining in a set-aside after completion of the
allocations or auctions for which the set-aside was created) to the
Administrator by July 1 of the year of such control period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (b)(4)(ii)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart BBBBB of part 97 of this chapter;
[[Page 79]]
(iii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (b)(4)(i) or (ii) of this section
by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(b)(4)(ii)(B) and (C) of this section applicable to the first control
period for which the State wants to replace the applicability
provisions, make allocations, or hold an auction under paragraph
(b)(4)(i) or (ii) of this section.
(5) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2)(i) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as
correcting the deficiency in the SIP that is the basis for the CSAPR
Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(i),
and (b)(3) and (4) of this section with regard to sources in the State
(but not sources in any Indian country within the borders of the State),
regulations that are substantively identical to the provisions of the
CSAPR NOX Ozone Season Group 1 Trading Program set forth in
Sec. Sec. 97.502 through 97.535 of this chapter, except that the SIP
revision:
(i) May adopt, as applicability provisions replacing the provisions
in Sec. 97.504(a)(1) and (2) of this chapter with regard to the State,
provisions substantively identical to those provisions, except that the
words ``more than 25 MWe'' are replaced, wherever such words appear, by
words specifying a uniform lower limit on the amount of megawatts that
is not greater than the amount specified by the words ``more than 25
MWe'' and is not less than the amount specified by the words ``15 MWe or
more''; and
(ii) May adopt, as CSAPR NOX Ozone Season Group 1
allowance allocation provisions replacing the provisions in Sec. Sec.
97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to the
State and the control period in 2017 or any subsequent year, any
methodology under which the State or the permitting authority allocates
or auctions CSAPR NOX Ozone Season Group 1 allowances and
that--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 1 allowances for any such control period not exceeding the
amount, under Sec. Sec. 97.510(a) and 97.521 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 1 trading budget minus the sum of the Indian country new unit set-
aside and the amount of any CSAPR NOX Ozone Season Group 1
allowances already allocated and recorded by the Administrator.
(B) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 1
allowances for any such control period to any CSAPR NOX Ozone
Season Group 1 units covered by Sec. 97.511(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions for such control period (except allocations or
results of auctions to such units of CSAPR NOX Ozone Season
Group 1 allowances remaining in a set-aside after completion of the
allocations or auctions for which the set-aside was created) to the
Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
NOX Ozone Season Group 1 allowances are allocations or auction
allocated or auctioned results to the Administrator
------------------------------------------------------------------------
2017...................................... June 1, 2016.
2018...................................... June 1, 2016.
2019...................................... June 1, 2017.
2020...................................... June 1, 2017.
2021...................................... June 1, 2018.
2022...................................... June 1, 2018.
2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 1
allowances for any such control period to any CSAPR NOX Ozone
Season Group 1 units covered by Sec. Sec. 97.511(b)(1) and 97.512(a) of
this chapter, that the State or the permitting authority submit such
allocations or the results of such auctions (except allocations or
results of auctions to such units of CSAPR NOX Ozone Season
Group 1 allowances remaining in a set-aside after completion of the
allocations or auctions for which the set-
[[Page 80]]
aside was created) to the Administrator by July 1 of the year of such
control period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (b)(5)(ii)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart BBBBB of part 97 of this chapter;
(iii) May adopt, in addition to the definitions in Sec. 97.502 of
this chapter, one or more definitions that shall apply only to terms as
used in the CSAPR NOX Ozone Season Group 1 allowance
allocation or auction provisions adopted under paragraph (b)(5)(ii) of
this section;
(iv) May substitute the name of the State for the term ``State'' as
used in subpart BBBBB of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make substantive
changes in the provisions in Sec. Sec. 97.502 through 97.535 of this
chapter; and
(v) Must not include any of the requirements imposed on any unit in
Indian country within the borders of the State in the provisions in
Sec. Sec. 97.502 through 97.535 of this chapter and must not include
the provisions in Sec. Sec. 97.511(b)(2) and (c)(5)(iii), 97.512(b),
and 97.521(h) and (j) of this chapter, all of which provisions will
continue to apply under any portion of the CSAPR Federal Implementation
Plan that is not replaced by the SIP revision;
(vi) Provided that, if and when any covered unit is located in
Indian country within the borders of the State, the Administrator may
modify his or her approval of the SIP revision to exclude the provisions
in Sec. Sec. 97.502 (definitions of ``common designated
representative'', ``common designated representative's assurance
level'', and ``common designated representative's share''),
97.506(c)(2), and 97.525 of this chapter and the portions of other
provisions of subpart BBBBB of part 97 of this chapter referencing these
sections and may modify any portion of the CSAPR Federal Implementation
Plan that is not replaced by the SIP revision to include these
provisions;
(vii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (b)(5)(i) through (v) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(b)(5)(ii)(B) and (C) of this section applicable to the first control
period for which the State wants to replace the applicability
provisions, make allocations, or hold an auction under paragraph
(b)(5)(i) or (ii) of this section.
(6) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2)(i) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as
correcting the deficiency in the SIP that is the basis for the CSAPR
Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(i),
and (b)(3) and (4) of this section with regard to sources in the State
(but not sources in any Indian country within the borders of the State),
regulations that are substantively identical to the provisions of the
CSAPR NOX Ozone Season Group 2 Trading Program set forth in
Sec. Sec. 97.802 through 97.835 of this chapter, subject to the
following requirements and exceptions:
(i) The provisions of paragraphs (b)(9)(i) through (viii) of this
section apply to any such SIP revision.
(ii) Following promulgation of an approval by the Administrator of
such a SIP revision:
(A) The provisions of the SIP revision will apply to sources in the
State with regard to emissions occurring in the control period that
begins May 1 immediately after promulgation of such approval, or such
later control period as may be adopted by the State in its regulations
and approved by the Administrator in the SIP revision, and in each
subsequent control period.
(B) Notwithstanding the provisions of paragraph (b)(6)(ii)(A) of
this section, if, at the time of the approval of the SIP revision, the
Administrator has already started recording any allocations of CSAPR
NOX Ozone Season Group 1 allowances to units in the State for
a control period in any year, the Administrator will not record
allocations of
[[Page 81]]
CSAPR NOX Ozone Season Group 2 allowances to units in the
State for any such control period under the provisions of the SIP
revision but instead will allocate and record CSAPR NOX Ozone
Season Group 2 allowances in place of CSAPR NOX Ozone Season
Group 1 allowances under Sec. 97.526(c)(2) of this chapter, unless
provided otherwise by such approval of the SIP revision.
(7) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2)(iii) of this section may
adopt and include in a SIP revision, and the Administrator will approve,
as CSAPR NOX Ozone Season Group 2 allowance allocation
provisions replacing the provisions in Sec. 97.811(a) of this chapter
with regard to the State and the control period in 2018, a list of CSAPR
NOX Ozone Season Group 2 units and the amount of CSAPR
NOX Ozone Season Group 2 allowances allocated to each unit on
such list, provided that the list of units and allocations meets the
following requirements:
(i) All of the units on the list must be units that are in the State
and commenced commercial operation before January 1, 2015;
(ii) The total amount of CSAPR NOX Ozone Season Group 2
allowance allocations on the list must not exceed the amount, under
Sec. 97.810(a) of this chapter for the State and the control period in
2018, of the CSAPR NOX Ozone Season Group 2 trading budget
minus the sum of the new unit set-aside and Indian country new unit set-
aside;
(iii) The list must be submitted electronically in a format
specified by the Administrator; and
(iv) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart EEEEE of part
97 of this chapter;
(v) Provided that:
(A) By December 27, 2016, the State must notify the Administrator
electronically in a format specified by the Administrator of the State's
intent to submit to the Administrator a complete SIP revision meeting
the requirements of paragraphs (b)(7)(i) through (iv) of this section by
April 1, 2017; and
(B) The State must submit to the Administrator a complete SIP
revision described in paragraph (b)(7)(v)(A) of this section by April 1,
2017.
(8) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2)(iii) of this section may
adopt and include in a SIP revision, and the Administrator will approve,
regulations revising subpart EEEEE of part 97 of this chapter as follows
and not making any other substantive revisions of that subpart:
(i) The State may adopt, as applicability provisions replacing the
provisions in Sec. 97.804(a)(1) and (2) of this chapter with regard to
the State, provisions substantively identical to those provisions,
except that the words ``more than 25 MWe'' are replaced, wherever such
words appear, by words specifying a uniform lower limit on the amount of
megawatts that is not greater than the amount specified by the words
``more than 25 MWe'' and is not less than the amount specified by the
words ``15 MWe or more'';
(ii) Such a State listed in Sec. 51.121(c) of this chapter may
adopt, as applicability provisions replacing the provisions in Sec.
97.804(a) and (b) of this chapter with regard to the State, provisions
substantively identical to those provisions, except that applicability
is expanded to include, in addition to all units in the State that would
be CSAPR NOX Ozone Season Group 2 units under Sec. 97.804(a)
and (b) of this chapter and any units to which the State elects to
expand applicability pursuant to paragraph (b)(8)(i) of this section,
all other units that would have been subject to the State's emissions
trading program regulations approved as a SIP revision under Sec.
51.121 of this chapter except units to which the State is authorized to
expand applicability under paragraph (b)(8)(i) of this section; and
(iii) The State may adopt, as CSAPR NOX Ozone Season
Group 2 allowance allocation or auction provisions replacing the
provisions in Sec. Sec. 97.811(a) and (b)(1) and 97.812(a) of this
chapter with regard to the State and the control period in 2019 or any
subsequent year, any methodology under which the
[[Page 82]]
State or the permitting authority allocates or auctions CSAPR
NOX Ozone Season Group 2 allowances and may adopt, in
addition to the definitions in Sec. 97.802 of this chapter, one or more
definitions that shall apply only to terms as used in the adopted CSAPR
NOX Ozone Season Group 2 allowance allocation or auction
provisions, if such methodology--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 2 allowances for any such control period not exceeding the
amount, under Sec. Sec. 97.810(a) and 97.821 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 2 trading budget minus the sum of the Indian country new unit set-
aside and the amount of any CSAPR NOX Ozone Season Group 2
allowances already allocated and recorded by the Administrator, plus, if
the State adopts regulations expanding applicability to additional units
pursuant to paragraph (b)(8)(ii) of this section, an additional amount
of CSAPR NOX Ozone Season Group 2 allowances not exceeding
the lesser of:
(1) The highest of the sum, for all additional units in the State to
which applicability is expanded pursuant to paragraph (b)(8)(ii) of this
section, of the NOX emissions reported in accordance with
part 75 of this chapter for the ozone season in the year before the year
of the submission deadline for the SIP revision under paragraph
(b)(8)(iv) of this section and the corresponding sums of the
NOX emissions reported in accordance with part 75 of this
chapter for each of the two immediately preceding ozone seasons,
provided that each such seasonal sum shall exclude the amount of any
NOX emissions reported by any unit for all hours in any
calendar day during which the unit did not have at least one quality-
assured monitor operating hour, as defined in Sec. 72.2 of this
chapter; or
(2) The portion of the emissions budget under the State's emissions
trading program regulations approved as a SIP revision under Sec.
51.121 of this chapter that is attributable to the units to which
applicability is expanded pursuant to paragraph (b)(8)(ii) of this
section.
(B) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 2
allowances for any such control period to any CSAPR NOX Ozone
Season Group 2 units covered by Sec. 97.811(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions for such control period (except allocations or
results of auctions to such units of CSAPR NOX Ozone Season
Group 2 allowances remaining in a set-aside after completion of the
allocations or auctions for which the set-aside was created) to the
Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
NOX Ozone Season Group 2 allowances are allocations or auction
allocated or auctioned results to the Administrator
------------------------------------------------------------------------
2019...................................... June 1, 2018.
2020...................................... June 1, 2018.
2021...................................... June 1, 2019.
2022...................................... June 1, 2019.
2023...................................... June 1, 2020.
2024...................................... June 1, 2020.
2025 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 2
allowances for any such control period to any CSAPR NOX Ozone
Season Group 2 units covered by Sec. Sec. 97.811(b)(1) and 97.812(a) of
this chapter, that the State or the permitting authority submit such
allocations or the results of such auctions (except allocations or
results of auctions to such units of CSAPR NOX Ozone Season
Group 2 allowances remaining in a set-aside after completion of the
allocations or auctions for which the set-aside was created) to the
Administrator by July 1 of the year of such control period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (b)(8)(iii)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in
[[Page 83]]
any allocation determined and recorded by the Administrator under
subpart EEEEE of part 97 of this chapter or Sec. 97.526(c) of this
chapter;
(iv) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (b)(8)(i), (ii), or (iii) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(b)(8)(iii)(B) and (C) of this section applicable to the first control
period for which the State wants to replace the applicability
provisions, make allocations, or hold an auction under paragraph
(b)(8)(i), (ii), or (iii) of this section.
(9) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2)(iii) of this section may
adopt and include in a SIP revision, and the Administrator will approve,
as correcting the deficiency in the SIP that is the basis for the CSAPR
Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(iii),
and (b)(7) and (8) of this section with regard to sources in the State
(but not sources in any Indian country within the borders of the State),
regulations that are substantively identical to the provisions of the
CSAPR NOX Ozone Season Group 2 Trading Program set forth in
Sec. Sec. 97.802 through 97.835 of this chapter, except that the SIP
revision:
(i) May adopt, as applicability provisions replacing the provisions
in Sec. 97.804(a)(1) and (2) of this chapter with regard to the State,
provisions substantively identical to those provisions, except that the
words ``more than 25 MWe'' are replaced, wherever such words appear, by
words specifying a uniform lower limit on the amount of megawatts that
is not greater than the amount specified by the words ``more than 25
MWe'' and is not less than the amount specified by the words ``15 MWe or
more'';
(ii) In the case of such a State listed in Sec. 51.121(c) of this
chapter, may adopt, as applicability provisions replacing the provisions
in Sec. 97.804(a) and (b) of this chapter with regard to the State,
provisions substantively identical to those provisions, except that
applicability is expanded to include, in addition to all units in the
State that would be CSAPR NOX Ozone Season Group 2 units
under Sec. 97.804(a) and (b) of this chapter and any units to which the
State elects to expand applicability pursuant to paragraph (b)(9)(i) of
this section, all other units that would have been subject to the
State's emissions trading program regulations approved as a SIP revision
under Sec. 51.121 of this chapter except units to which the State is
authorized to expand applicability under paragraph (b)(9)(i) of this
section; and
(iii) May adopt, as CSAPR NOX Ozone Season Group 2
allowance allocation provisions replacing the provisions in Sec. Sec.
97.811(a) and (b)(1) and 97.812(a) of this chapter with regard to the
State and the control period in 2019 or any subsequent year, any
methodology under which the State or the permitting authority allocates
or auctions CSAPR NOX Ozone Season Group 2 allowances and
that--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR NOX Ozone
Season Group 2 allowances for any such control period not exceeding the
amount, under Sec. Sec. 97.810(a) and 97.821 of this chapter for the
State and such control period, of the CSAPR NOX Ozone Season
Group 2 trading budget minus the sum of the Indian country new unit set-
aside and the amount of any CSAPR NOX Ozone Season Group 2
allowances already allocated and recorded by the Administrator, plus, if
the State adopts regulations expanding applicability to additional units
pursuant to paragraph (b)(9)(ii) of this section, an additional amount
of CSAPR NOX Ozone Season Group 2 allowances not exceeding
the lesser of:
(1) The highest of the sum, for all additional units in the State to
which applicability is expanded pursuant to paragraph (b)(9)(ii) of this
section, of the NOX emissions reported in accordance with
part 75 of this chapter for the ozone season in the year before the year
of the submission deadline for the SIP revision under paragraph
(b)(9)(viii) of this section and the corresponding sums of the
NOX emissions reported in accordance with part 75 of
[[Page 84]]
this chapter for each of the two immediately preceding ozone seasons,
provided that each such seasonal sum shall exclude the amount of any
NOX emissions reported by any unit for all hours in any
calendar day during which the unit did not have at least one quality-
assured monitor operating hour, as defined in Sec. 72.2 of this
chapter; or
(2) The portion of the emissions budget under the State's emissions
trading program regulations approved as a SIP revision under Sec.
51.121 of this chapter that is attributable to the units to which
applicability is expanded pursuant to paragraph (b)(9)(ii) of this
section.
(B) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 2
allowances for any such control period to any CSAPR NOX Ozone
Season Group 2 units covered by Sec. 97.811(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions for such control period (except allocations or
results of auctions to such units of CSAPR NOX Ozone Season
Group 2 allowances remaining in a set-aside after completion of the
allocations or auctions for which the set-aside was created) to the
Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
NOX Ozone Season Group 2 allowances are allocations or auction
allocated or auctioned results to the Administrator
------------------------------------------------------------------------
2019...................................... June 1, 2018.
2020...................................... June 1, 2018.
2021...................................... June 1, 2019.
2022...................................... June 1, 2019.
2023...................................... June 1, 2020.
2024...................................... June 1, 2020.
2025 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR NOX Ozone Season Group 2
allowances for any such control period to any CSAPR NOX Ozone
Season Group 2 units covered by Sec. Sec. 97.811(b)(1) and 97.812(a) of
this chapter, that the State or the permitting authority submit such
allocations or the results of such auctions (except allocations or
results of auctions to such units of CSAPR NOX Ozone Season
Group 2 allowances remaining in a set-aside after completion of the
allocations or auctions for which the set-aside was created) to the
Administrator by July 1 of the year of such control period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (b)(9)(iii)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart EEEEE of part 97 of this chapter or Sec.
97.526(c) of this chapter;
(iv) May adopt, in addition to the definitions in Sec. 97.802 of
this chapter, one or more definitions that shall apply only to terms as
used in the CSAPR NOX Ozone Season Group 2 allowance
allocation or auction provisions adopted under paragraph (b)(9)(iii) of
this section;
(v) May substitute the name of the State for the term ``State'' as
used in subpart EEEEE of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make substantive
changes in the provisions in Sec. Sec. 97.802 through 97.835 of this
chapter; and
(vi) Must not include any of the requirements imposed on any unit in
Indian country within the borders of the State in the provisions in
Sec. Sec. 97.802 through 97.835 of this chapter and must not include
the provisions in Sec. Sec. 97.811(b)(2) and (c)(5)(iii), 97.812(b),
and 97.821(h) and (j) of this chapter, all of which provisions will
continue to apply under any portion of the CSAPR Federal Implementation
Plan that is not replaced by the SIP revision;
(vii) Provided that, if and when any covered unit is located in
Indian country within the borders of the State, the Administrator may
modify his or her approval of the SIP revision to exclude the provisions
in Sec. Sec. 97.802 (definitions of ``base CSAPR NOX Ozone
Season Group 2 source'', ``base CSAPR NOX Ozone Season Group
2 unit'', ``common designated representative'', ``common designated
representative's assurance level'', and ``common designated
representative's share''), 97.806(c)(2), and 97.825 of this chapter and
the portions of other provisions of subpart EEEEE
[[Page 85]]
of part 97 of this chapter referencing these sections and may modify any
portion of the CSAPR Federal Implementation Plan that is not replaced by
the SIP revision to include these provisions;
(viii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (b)(9)(i) through (vi) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(b)(9)(iii)(B) and (C) of this section applicable to the first control
period for which the State wants to replace the applicability
provisions, make allocations, or hold an auction under paragraph
(b)(9)(i), (ii), or (iii) of this section.
(10) Following promulgation of an approval by the Administrator of a
State's SIP revision as correcting the SIP's deficiency that is the
basis for the CSAPR Federal Implementation Plan set forth in paragraphs
(b)(1), (b)(2)(i), and (b)(3) and (4) of this section or paragraphs
(b)(1), (b)(2)(iii), and (b)(7) and (8) of this section for sources in
the State--
(i) The provisions of paragraph (b)(2)(i) or (iii) of this section,
as applicable, will no longer apply to sources in the State, unless the
Administrator's approval of the SIP revision is partial or conditional,
and will continue to apply to sources in any Indian country within the
borders of the State, provided that if the CSAPR Federal Implementation
Plan 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; and
(ii) For a State listed in Sec. 51.121(c) of this chapter, the
State's adoption of the regulations included in such approved SIP
revision will satisfy with regard to the sources subject to such
regulations, including any sources made subject to such regulations
pursuant to paragraph (b)(9)(ii) of this section, the requirement under
Sec. 51.121(r)(2) of this chapter for the State to revise its SIP to
adopt control measures with regard to such sources.
(11) Notwithstanding the provisions of paragraph (b)(10)(i) of this
section--
(i) If, at the time of such approval of the State's SIP revision,
the Administrator has already started recording any allocations of CSAPR
NOX Ozone Season Group 1 allowances under subpart BBBBB of
part 97 of this chapter, or 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 BBBBB of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of CSAPR
NOX Ozone Season Group 1 allowances, or 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, as applicable, to units in the State for each such control
period shall continue to apply, unless provided otherwise by such
approval of the State's SIP revision; and
(ii) The provisions of Sec. 97.526(c)(1) through (6) of this
chapter authorizing the Administrator to remove CSAPR NOX
Ozone Season Group 1 allowances from any account where such allowances
are held and to allocate and record amounts of CSAPR NOX
Ozone Season Group 2 allowances in place of any CSAPR NOX
Ozone Season Group 1 allowances that have been so removed or that have
not been initially recorded, and the provisions of Sec. 97.526(c)(7) of
this chapter authorizing the use of CSAPR NOX Ozone Season
Group 2 allowances to satisfy requirements to hold CSAPR NOX
Ozone Season Group 1 allowances, will continue to apply.
(12) The following States have SIP revisions approved by the
Administrator under paragraph (b)(3), (4), or (5) of this section:
(i) For each of the following States, the Administrator has approved
a SIP revision under paragraph (b)(3) of this section as replacing the
CSAPR NOX Ozone Season Group 1 allowance allocation
provisions in Sec. 97.511(a) of this chapter with regard to the State
and the control period in 2016: Alabama and Missouri.
[[Page 86]]
(ii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(4) of this section as
replacing the CSAPR NOX Ozone Season Group 1 applicability
provisions in Sec. 97.504(a)(1) and (2) of this chapter or the CSAPR
NOX Ozone Season Group 1 allowance allocation provisions in
Sec. Sec. 97.511(a) and (b)(1) and 97.512(a) of this chapter with
regard to the State and the control period in 2017 or any subsequent
year: [none].
(iii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(5) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (b)(1), (b)(2)(i), and
(b)(3) and (4) of this section with regard to sources in the State (but
not sources in any Indian country within the borders of the State):
Georgia.
(13) The following States have SIP revisions approved by the
Administrator under paragraph (b)(6), (7), (8), or (9) of this section:
(i) For each of the following States, the Administrator has approved
a SIP revision under paragraph (b)(6) of this section as correcting the
SIP's deficiency that is the basis for the CSAPR Federal Implementation
Plan set forth in paragraphs (b)(1), (b)(2)(i), and (b)(3) and (4) of
this section with regard to sources in the State (but not sources in any
Indian country within the borders of the State): [none].
(ii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(7) of this section as
replacing the CSAPR NOX Ozone Season Group 2 allowance
allocation provisions in Sec. 97.811(a) of this chapter with regard to
the State and the control period in 2018: [none].
(iii) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(8) of this section as
replacing the CSAPR NOX Ozone Season Group 2 applicability
provisions in Sec. 97.804(a) and (b) or Sec. 97.804(a)(1) and (2) of
this chapter or the CSAPR NOX Ozone Season Group 2 allowance
allocation provisions in Sec. Sec. 97.811(a) and (b)(1) and 97.812(a)
of this chapter with regard to the State and the control period in 2019
or any subsequent year: [none].
(iv) For each of the following States, the Administrator has
approved a SIP revision under paragraph (b)(9) of this section as
correcting the SIP's deficiency that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (b)(1), (b)(2)(iii), and
(b)(7) and (8) of this section with regard to sources in the State (but
not sources in any Indian country within the borders of the State):
Alabama and Indiana.
[76 FR 48354, Aug. 8, 2011, as amended at 76 FR 80774, Dec. 27, 2011; 79
FR 71671, Dec. 3, 2014; 81 FR 74586, Oct. 26, 2016; 82 FR 45496, Sept.
29, 2017; 82 FR 46677, Oct. 6, 2017; 82 FR 47934, 47939, Oct. 13, 2017;
82 FR 57366, Dec. 5, 2017; 83 FR 64476, Dec. 17, 2018; 84 FR 8443, Mar.
8, 2019]
Sec. 52.39 What are the requirements of the Federal Implementation Plans
(FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to emissions
of sulfur dioxide?
(a) The CSAPR SO2 Group 1 Trading Program provisions and
the CSAPR SO2 Group 2 Trading Program provisions set forth
respectively in subparts CCCCC and DDDDD of part 97 of this chapter
constitute the CSAPR Federal Implementation Plan provisions that relate
to emissions of sulfur dioxide (SO2).
(b) The provisions of subpart CCCCC of part 97 of this chapter apply
to sources in each of the following States and Indian country located
within the borders of such States with regard to emissions occurring in
2015 and each subsequent year: Illinois, Indiana, Iowa, Kentucky,
Maryland, Michigan, Missouri, New Jersey, New York, North Carolina,
Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.
(c)(1) The provisions of subpart DDDDD of part 97 of this chapter
apply to sources in each of the following States and Indian country
located within the borders of such States with regard to emissions
occurring in 2015 and each subsequent year: Alabama, Georgia, Kansas,
Minnesota, Nebraska, and South Carolina.
(2) The provisions of subpart DDDDD of part 97 of this chapter apply
to sources in each of the following States and Indian country located
within the borders of such States with regard to
[[Page 87]]
emissions occurring in 2015 and 2016 only: Texas.
(d) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (b) of this section may adopt and include in
a SIP revision, and the Administrator will approve, as CSAPR
SO2 Group 1 allowance allocation provisions replacing the
provisions in Sec. 97.611(a) of this chapter with regard to the State
and the control period in 2016, a list of CSAPR SO2 Group 1
units and the amount of CSAPR SO2 Group 1 allowances
allocated to each unit on such list, provided that the list of units and
allocations meets the following requirements:
(1) All of the units on the list must be units that are in the State
and commenced commercial operation before January 1, 2010;
(2) The total amount of CSAPR SO2 Group 1 allowance
allocations on the list must not exceed the amount, under Sec.
97.610(a) of this chapter for the State and the control period in 2016,
of the CSAPR SO2 Group 1 trading budget minus the sum of the
new unit set-aside and Indian country new unit set-aside;
(3) The list must be submitted electronically in a format specified
by the Administrator; and
(4) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart CCCCC of part
97 of this chapter;
(5) Provided that:
(i) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the State's
intent to submit to the Administrator a complete SIP revision meeting
the requirements of paragraphs (d)(1) through (4) of this section by
April 1, 2015; and
(ii) The State must submit to the Administrator a complete SIP
revision described in paragraph (d)(5)(i) of this section by April 1,
2015.
(e) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (b) of this section may adopt and include in
a SIP revision, and the Administrator will approve, regulations revising
subpart CCCCC of part 97 of this chapter as follows and not making any
other substantive revisions of that subpart:
(1) The State may adopt, as CSAPR SO2 Group 1 allowance
allocation or auction provisions replacing the provisions in Sec. Sec.
97.611(a) and (b)(1) and 97.612(a) of this chapter with regard to the
State and the control period in 2017 or any subsequent year, any
methodology under which the State or the permitting authority allocates
or auctions CSAPR SO2 Group 1 allowances and may adopt, in
addition to the definitions in Sec. 97.602 of this chapter, one or more
definitions that shall apply only to terms as used in the adopted CSAPR
SO2 Group 1 allowance allocation or auction provisions, if
such methodology--
(i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR SO2 Group 1
allowances for any such control period not exceeding the amount, under
Sec. Sec. 97.610(a) and 97.621 of this chapter for the State and such
control period, of the CSAPR SO2 Group 1 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
CSAPR SO2 Group 1 allowances already allocated and recorded
by the Administrator.
(ii) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR SO2 Group 1 allowances for
any such control period to any CSAPR SO2 Group 1 units
covered by Sec. 97.611(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions for such control period (except allocations or results of
auctions to such units of CSAPR SO2 Group 1 allowances
remaining in a set-aside after completion of the allocations or auctions
for which the set-aside was created) to the Administrator no later than
the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
SO2 Group 1 allowances are allocated or allocations or auction
auctioned results to the Administrator
------------------------------------------------------------------------
2017...................................... June 1, 2016.
2018...................................... June 1, 2016.
2019...................................... June 1, 2017.
[[Page 88]]
2020...................................... June 1, 2017.
2021...................................... June 1, 2018.
2022...................................... June 1, 2018.
2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(iii) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR SO2 Group 1 allowances for
any such control period to any CSAPR SO2 Group 1 units
covered by Sec. Sec. 97.611(b)(1) and 97.612(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions (except allocations or results of auctions to
such units of CSAPR SO2 Group 1 allowances remaining in a
set-aside after completion of the allocations or auctions for which the
set-aside was created) to the Administrator by July 1 of the year of
such control period.
(iv) Does not provide for any change, after the submission deadlines
in paragraphs (e)(1)(ii) and (iii) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart CCCCC of part 97 of this chapter;
(2) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (e)(1) of this section by December
1 of the year before the year of the deadlines for submission of
allocations or auction results under paragraphs (e)(1)(ii) and (iii) of
this section applicable to the first control period for which the State
wants to make allocations or hold an auction under paragraph (e)(1) of
this section.
(f) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (b) of this section may adopt and include in
a SIP revision, and the Administrator will approve, as correcting the
deficiency in the SIP that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (a), (b), (d), and (e) of
this section with regard to sources in the State (but not sources in any
Indian country within the borders of the State), regulations that are
substantively identical to the provisions of the CSAPR SO2
Group 1 Trading Program set forth in Sec. Sec. 97.602 through 97.635 of
this chapter, except that the SIP revision:
(1) May adopt, as CSAPR SO2 Group 1 allowance allocation
or auction provisions replacing the provisions in Sec. Sec. 97.611(a)
and (b)(1) and 97.612(a) of this chapter with regard to the State and
the control period in 2017 or any subsequent year, any methodology under
which the State or the permitting authority allocates or auctions CSAPR
SO2 Group 1 allowances and that--
(i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR SO2 Group 1
allowances for any such control period not exceeding the amount, under
Sec. Sec. 97.610(a) and 97.621 of this chapter for the State and such
control period, of the CSAPR SO2 Group 1 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
CSAPR SO2 Group 1 allowances already allocated and recorded
by the Administrator.
(ii) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR SO2 Group 1 allowances for
any such control period to any CSAPR SO2 Group 1 units
covered by Sec. 97.611(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions for such control period (except allocations or results of
auctions to such units of CSAPR SO2 Group 1 allowances
remaining in a set-aside after completion of the allocations or auctions
for which the set-aside was created) to the Administrator no later than
the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
SO2 Group 1 allowances are allocated or allocations or auction
auctioned results to the Administrator
------------------------------------------------------------------------
2017...................................... June 1, 2016.
2018...................................... June 1, 2016.
2019...................................... June 1, 2017.
2020...................................... June 1, 2017.
2021...................................... June 1, 2018.
2022...................................... June 1, 2018.
2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
[[Page 89]]
(iii) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR SO2 Group 1 allowances for
any such control period to any CSAPR SO2 Group 1 units
covered by Sec. Sec. 97.611(b)(1) and 97.612(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions (except allocations or results of auctions to
such units of CSAPR SO2 Group 1 allowances remaining in a
set-aside after completion of the allocations or auctions for which the
set-aside was created) to the Administrator by July 1 of the year of
such control period.
(iv) Does not provide for any change, after the submission deadlines
in paragraphs (f)(1)(ii) and (iii) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart CCCCC of part 97 of this chapter;
(2) May adopt, in addition to the definitions in Sec. 97.602 of
this chapter, one or more definitions that shall apply only to terms as
used in the CSAPR SO2 Group 1 allowance allocation or auction
provisions adopted under paragraph (f)(1) of this section;
(3) May substitute the name of the State for the term ``State'' as
used in subpart CCCCC of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make substantive
changes in the provisions in Sec. Sec. 97.602 through 97.635 of this
chapter; and
(4) Must not include any of the requirements imposed on any unit in
Indian country within the borders of the State in the provisions in
Sec. Sec. 97.602 through 97.635 of this chapter and must not include
the provisions in Sec. Sec. 97.611(b)(2) and (c)(5)(iii), 97.612(b),
and 97.621(h) and (j) of this chapter, all of which provisions will
continue to apply under any portion of the CSAPR Federal Implementation
Plan that is not replaced by the SIP revision;
(5) Provided that, if and when any covered unit is located in Indian
country within the borders of the State, the Administrator may modify
his or her approval of the SIP revision to exclude the provisions in
Sec. Sec. 97.602 (definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share''), 97.606(c)(2), and 97.625 of this
chapter and the portions of other provisions of subpart CCCCC of part 97
of this chapter referencing these sections and may modify any portion of
the CSAPR Federal Implementation Plan that is not replaced by the SIP
revision to include these provisions;
(6) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (f)(1) through (4) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs (f)(1)(ii)
and (iii) of this section applicable to the first control period for
which the State wants to make allocations or hold an auction under
paragraph (f)(1) of this section.
(g) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (c)(1) or (2) of this section may adopt and
include in a SIP revision, and the Administrator will approve, as CSAPR
SO2 Group 2 allowance allocation provisions replacing the
provisions in Sec. 97.711(a) of this chapter with regard to the State
and the control period in 2016, a list of CSAPR SO2 Group 2
units and the amount of CSAPR SO2 Group 2 allowances
allocated to each unit on such list, provided that the list of units and
allocations meets the following requirements:
(1) All of the units on the list must be units that are in the State
and commenced commercial operation before January 1, 2010;
(2) The total amount of CSAPR SO2 Group 2 allowance
allocations on the list must not exceed the amount, under Sec.
97.710(a) of this chapter for the State and the control period in 2016,
of the CSAPR SO2 Group 2 trading budget minus the sum of the
new unit set-aside and Indian country new unit set-aside;
(3) The list must be submitted electronically in a format specified
by the Administrator; and
(4) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and
[[Page 90]]
must not provide for any change in any allocation determined and
recorded by the Administrator under subpart DDDDD of part 97 of this
chapter;
(5) Provided that:
(i) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the State's
intent to submit to the Administrator a complete SIP revision meeting
the requirements of paragraphs (g)(1) through (4) of this section by
April 1, 2015; and
(ii) The State must submit to the Administrator a complete SIP
revision described in paragraph (g)(5)(i) of this section by April 1,
2015.
(h) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (c)(1) of this section may adopt and include
in a SIP revision, and the Administrator will approve, regulations
revising subpart DDDDD of part 97 of this chapter as follows and not
making any other substantive revisions of that subpart:
(1) The State may adopt, as CSAPR SO2 Group 2 allowance
allocation or auction provisions replacing the provisions in Sec. Sec.
97.711(a) and (b)(1) and 97.712(a) of this chapter with regard to the
State and the control period in 2017 or any subsequent year, any
methodology under which the State or the permitting authority allocates
or auctions CSAPR SO2 Group 2 allowances and may adopt, in
addition to the definitions in Sec. 97.702 of this chapter, one or more
definitions that shall apply only to terms as used in the adopted CSAPR
SO2 Group 2 allowance allocation or auction provisions, if
such methodology--
(i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR SO2 Group 2
allowances for any such control period not exceeding the amount, under
Sec. Sec. 97.710(a) and 97.721 of this chapter for the State and such
control period, of the CSAPR SO2 Group 2 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
CSAPR SO2 Group 2 allowances already allocated and recorded
by the Administrator.
(ii) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR SO2 Group 2 allowances for
any such control period to any CSAPR SO2 Group 2 units
covered by Sec. 97.711(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions for such control period (except allocations or results of
auctions to such units of CSAPR SO2 Group 2 allowances
remaining in a set-aside after completion of the allocations or auctions
for which the set-aside was created) to the Administrator no later than
the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
SO2 Group 2 allowances are allocated or allocations or auction
auctioned results to the Administrator
------------------------------------------------------------------------
2017...................................... June 1, 2016.
2018...................................... June 1, 2016.
2019...................................... June 1, 2017.
2020...................................... June 1, 2017.
2021...................................... June 1, 2018.
2022...................................... June 1, 2018.
2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(iii) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR SO2 Group 2 allowances for
any such control period to any CSAPR SO2 Group 2 units
covered by Sec. Sec. 97.711(b)(1) and 97.712(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions (except allocations or results of auctions to
such units of CSAPR SO2 Group 2 allowances remaining in a
set-aside after completion of the allocations or auctions for which the
set-aside was created) to the Administrator by July 1 of the year of
such control period.
(iv) Does not provide for any change, after the submission deadlines
in paragraphs (h)(1)(ii) and (iii) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart DDDDD of part 97 of this chapter;
(2) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (h)(1) of this section by December
1 of the year before the year of the deadlines for submission of
allocations or auction results under paragraphs (h)(1)(ii) and
[[Page 91]]
(iii) of this section applicable to the first control period for which
the State wants to make allocations or hold an auction under paragraph
(h)(1) of this section.
(i) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (c)(1) of this section may adopt and include
in a SIP revision, and the Administrator will approve, as correcting the
deficiency in the SIP that is the basis for the CSAPR Federal
Implementation Plan set forth in paragraphs (a), (c)(1), (g), and (h) of
this section with regard to sources in the State (but not sources in any
Indian country within the borders of the State), regulations that are
substantively identical to the provisions of the CSAPR SO2
Group 2 Trading Program set forth in Sec. Sec. 97.702 through 97.735 of
this chapter, except that the SIP revision:
(1) May adopt, as CSAPR SO2 Group 2 allowance allocation
or auction provisions replacing the provisions in Sec. Sec. 97.711(a)
and (b)(1) and 97.712(a) of this chapter with regard to the State and
the control period in 2017 or any subsequent year, any methodology under
which the State or the permitting authority allocates or auctions CSAPR
SO2 Group 2 allowances and that--
(i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of CSAPR SO2 Group 2
allowances for any such control period not exceeding the amount, under
Sec. Sec. 97.710(a) and 97.721 of this chapter for the State and such
control period, of the CSAPR SO2 Group 2 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
CSAPR SO2 Group 2 allowances already allocated and recorded
by the Administrator.
(ii) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR SO2 Group 2 allowances for
any such control period to any CSAPR SO2 Group 2 units
covered by Sec. 97.711(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions for such control period (except allocations or results of
auctions to such units of CSAPR SO2 Group 2 allowances
remaining in a set-aside after completion of the allocations or auctions
for which the set-aside was created) to the Administrator no later than
the following dates:
------------------------------------------------------------------------
Year of the control period for which CSAPR Deadline for submission of
SO2 Group 2 allowances are allocated or allocations or auction
auctioned results to the Administrator
------------------------------------------------------------------------
2017...................................... June 1, 2016.
2018...................................... June 1, 2016.
2019...................................... June 1, 2017.
2020...................................... June 1, 2017.
2021...................................... June 1, 2018.
2022...................................... June 1, 2018.
2023 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(iii) Requires, to the extent the State adopts provisions for
allocations or auctions of CSAPR SO2 Group 2 allowances for
any such control period to any CSAPR SO2 Group 2 units
covered by Sec. Sec. 97.711(b)(1) and 97.712(a) of this chapter, that
the State or the permitting authority submit such allocations or the
results of such auctions (except allocations or results of auctions to
such units of CSAPR SO2 Group 2 allowances remaining in a
set-aside after completion of the allocations or auctions for which the
set-aside was created) to the Administrator by July 1 of the year of
such control period.
(iv) Does not provide for any change, after the submission deadlines
in paragraphs (i)(1)(ii) and (iii) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart DDDDD of part 97 of this chapter;
(2) May adopt, in addition to the definitions in Sec. 97.702 of
this chapter, one or more definitions that shall apply only to terms as
used in the CSAPR SO2 Group 2 allowance allocation or auction
provisions adopted under paragraph (i)(1) of this section;
(3) May substitute the name of the State for the term ``State'' as
used in subpart DDDDD of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make substantive
changes in the provisions in Sec. Sec. 97.702 through 97.735 of this
chapter; and
[[Page 92]]
(4) Must not include any of the requirements imposed on any unit in
Indian country within the borders of the State in the provisions in
Sec. Sec. 97.702 through 97.735 of this chapter and must not include
the provisions in Sec. Sec. 97.711(b)(2) and (c)(5)(iii), 97.712(b),
and 97.721(h) and (j) of this chapter, all of which provisions will
continue to apply under any portion of the CSAPR Federal Implementation
Plan that is not replaced by the SIP revision;
(5) Provided that, if and when any covered unit is located in Indian
country within the borders of the State, the Administrator may modify
his or her approval of the SIP revision to exclude the provisions in
Sec. Sec. 97.702 (definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share''), 97.706(c)(2), and 97.725 of this
chapter and the portions of other provisions of subpart DDDDD of part 97
of this chapter referencing these sections and may modify any portion of
the CSAPR Federal Implementation Plan that is not replaced by the SIP
revision to include these provisions;
(6) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (i)(1) through (4) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs (i)(1)(ii)
and (iii) of this section applicable to the first control period for
which the State wants to make allocations or hold an auction under
paragraph (i)(1) of this section.
(j) Following promulgation of an approval by the Administrator of a
State's SIP revision as correcting the SIP's deficiency that is the
basis for the CSAPR Federal Implementation Plan set forth in paragraphs
(a), (b), (d), and (e) of this section or paragraphs (a), (c)(1), (g),
and (h) of this section for sources in the State, the provisions of
paragraph (b) or (c)(1) of this section, as applicable, will no longer
apply to sources in the State, unless the Administrator's approval of
the SIP revision is partial or conditional, and will continue to apply
to sources in any Indian country within the borders of the State,
provided that if the CSAPR Federal Implementation Plan 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.
(k) Notwithstanding the provisions of paragraph (j) of this section,
if, at the time of such approval of the State's SIP revision, the
Administrator has already started recording any allocations of CSAPR
SO2 Group 1 allowances under subpart CCCCC of part 97 of this
chapter, or 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 CCCCC of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of CSAPR SO2 Group 1 allowances, or of
subpart DDDDD of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of CSAPR SO2 Group
2 allowances, as applicable, to units in the State for each such control
period shall continue to apply, unless provided otherwise by such
approval of the State's SIP revision.
(l) The following States have SIP revisions approved by the
Administrator under paragraph (d), (e), or (f) of this section:
(1) For each of the following States, the Administrator has approved
a SIP revision under paragraph (d) of this section as replacing the
CSAPR SO2 Group 1 allowance allocation provisions in Sec.
97.611(a) of this chapter with regard to the State and the control
period in 2016: [none].
(2) For each of the following States, the Administrator has approved
a SIP revision under paragraph (e) of this section as replacing the
CSAPR SO2 Group 1 allowance allocation provisions in
Sec. Sec. 97.611(a) and (b)(1) and 97.612(a) of this chapter with
regard to the State and the control period in 2017 or any subsequent
year: Missouri and New York.
(3) For each of the following States, the Administrator has approved
a SIP
[[Page 93]]
revision under paragraph (f) of this section as correcting the SIP's
deficiency that is the basis for the CSAPR Federal Implementation Plan
set forth in paragraphs (a), (b), (d), and (e) of this section with
regard to sources in the State (but not sources in any Indian country
within the borders of the State): Indiana.
(m) The following States have SIP revisions approved by the
Administrator under paragraph (g), (h), or (i) of this section:
(1) For each of the following States, the Administrator has approved
a SIP revision under paragraph (g) of this section as replacing the
CSAPR SO2 Group 2 allowance allocation provisions in Sec.
97.711(a) of this chapter with regard to the State and the control
period in 2016: Alabama and Nebraska.
(2) For each of the following States, the Administrator has approved
a SIP revision under paragraph (h) of this section as replacing the
CSAPR SO2 Group 2 allowance allocation provisions in
Sec. Sec. 97.711(a) and (b)(1) and 97.712(a) of this chapter with
regard to the State and the control period in 2017 or any subsequent
year: [none].
(3) For each of the following States, the Administrator has approved
a SIP revision under paragraph (i) of this section as correcting the
SIP's deficiency that is the basis for the CSAPR Federal Implementation
Plan set forth in paragraphs (a), (c)(1), (g), and (h) of this section
with regard to sources in the State (but not sources in any Indian
country within the borders of the State): Alabama, Georgia, and South
Carolina.
[76 FR 48357, Aug. 8, 2011, as amended at 77 FR 10334, Feb. 21, 2012; 79
FR 71671, Dec. 3, 2014; 81 FR 74586 and 74591, Oct. 26, 2016; 82 FR
45496, Sept. 29, 2017; 82 FR 47934, 47939, Oct. 13, 2017; 82 FR 57366,
Dec. 5, 2017; 83 FR 64476, Dec. 17, 2018]
Subpart B_Alabama
Sec. 52.50 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Alabama under section 110 of the Clean Air Act,
42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality
standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to October
1, 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. 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 1, 2017, 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. To obtain the material, please call (404) 562-9022. You may
inspect the material with an EPA approval date prior to October 1, 2017,
for Alabama at the National Archives and Records Administration. 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 Alabama Regulations.
EPA-Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-1-1 Organization
----------------------------------------------------------------------------------------------------------------
Section 335-1-1-.03............ Organization and 12/8/2017 7/6/2018, 83 FR 31454
Duties of the
Commission.
Section 335-1-1-.04............ Organization of 12/8/2017 7/6/2018, 83 FR 31454
the Department.
[[Page 94]]
Chapter No. 335-3-1 General Provision
----------------------------------------------------------------------------------------------------------------
Section 335-3-1-.01............ Purpose.......... 6/22/1989 3/19/1990, 55 FR 10062
Section 335-3-1-.02............ Definitions...... 5/19/2017 10/13/2017, 82 FR 47631
Section 335-3-1-.03............ Ambient Air 10/13/1998 3/1/1999, 64 FR 9918
Quality
Standards.
Section 335-3-1-.04............ Monitoring, 10/15/1996 6/6/1997, 62 FR 30991
Records, and
Reporting.
Section 335-3-1-.05............ Sampling and 6/22/1989 3/19/1990, 55 FR 10062
Testing Methods.
Section 335-3-1-.06............ Compliance 10/15/1996 6/6/1997, 62 FR 30991
Schedule.
Section 335-3-1-.07............ Maintenance and 10/15/1989 3/19/1990, 55 FR 10062
Malfunctioning
of Equipment;
Reporting.
Section 335-3-1-.08............ Prohibition of 8/10/2000 12/8/2000, 65 FR 76938
Air Pollution.
Section 335-3-1-.09............ Variances........ 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-1-.10............ Circumvention.... 6/22/1989 3/19/1990, 55 FR 10062
Section 335-3-1-.11............ Severability..... 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-1-.12............ Bubble Provision. 6/22/1989 3/19/1990, 55 FR 10062
Section 335-3-1-.13............ Credible Evidence 4/13/1999 11/3/1999, 64 FR 59633
Section 335-3-1-.14............ Emissions 4/6/2001 7/16/2001, 66 FR 36921
Reporting
Requirements
Relating to
Budgets for NOX
Emissions.
Section 335-3-1-.15............ Emissions 4/3/2003 4/24/2003, 68 FR 20077
Inventory
Reporting
Requirements.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-2 Air Pollution Emergency
----------------------------------------------------------------------------------------------------------------
Section 335-3-2-.01............ Air Pollution 6/22/1989 3/19/1990, 55 FR 10062
Emergency.
Section 335-3-2-.02............ Episode Criteria. 8/10/2000 12/8/2000, 65 FR 76940
Section 335-3-2-.03............ Special Episode 6/22/1989 3/19/1990, 55 FR 10062
Criteria.
Section 335-3-2-.04............ Emission 6/22/1989 3/19/1990, 55 FR 10062
Reduction Plans.
Section 335-3-2-.05............ Two Contaminant 6/22/1989 3/19/1990, 55 FR 10062
Episode.
Section 335-3-2-.06............ General Episodes. 6/22/1989 3/19/1990, 55 FR 10062
Section 335-3-2-.07............ Local Episodes... 6/22/1989 3/19/1990, 55 FR 10062
Section 335-3-2-.08............ Other Sources.... 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-2-.09............ Other Authority 6/22/1989 3/19/1990, 55 FR 10062
Not Affected.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-3 Control of Open Burning and Incineration
----------------------------------------------------------------------------------------------------------------
Section 335-3-3-.01............ Open Burning..... 1/22/2008 9/15/2008, 73 FR 53134
Section 335-3-3-.02............ Incinerators..... 6/22/1989 3/19/1990, 55 FR 10062
Section 335-3-3-.03............ Incineration of 8/10/2000 12/8/2000, 65 FR 76938
Wood, Peanut,
and Cotton
Ginning Waste.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-4 Control of Particulate Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-4-.01............ Visible Emissions 9/30/2008 10/15/2008, 73 FR 60957
Section 335-3-4-.02............ Fugitive Dust and 10/15/1996 6/6/1997, 62 FR 30991
Fugitive
Emissions.
Section 335-3-4-.03............ Fuel Burning 10/15/1996 6/6/1997, 62 FR 30991
Equipment.
Section 335-3-4-.04............ Process 10/15/1996 6/6/1997, 62 FR 30991
Industries--Gene
ral.
Section 335-3-4-.05............ Small Foundry 6/22/1989 3/19/1990, 55 FR 10062
Cupola.
Section 335-3-4-.06............ Cotton Gins...... 6/22/1989 3/19/1990, 55 FR 10062
Section 335-3-4-.07............ Kraft Pulp Mills. 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-4-.08............ Wood Waste 6/9/2017 10/13/2017, 82 FR 47631
Boilers.
Section 335-3-4-.09............ Coke Ovens....... 8/10/2000 12/8/2000, 65 FR 76940
Section 335-3-4-.10............ Primary Aluminum 6/22/1989 3/19/1990, 55 FR 10062
Plants.
Section 335-3-4-.11............ Cement Plants.... 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-4-.12............ Xylene Oxidation 6/22/1989 3/19/1990, 55 FR 10062
Process.
Section 335-3-4-.13............ Sintering Plants. 6/22/1989 3/19/1990, 55 FR 10062
Section 335-3-4-.14............ Grain Elevators.. 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-4-.15............ Secondary Lead 10/15/1996 6/6/1997, 62 FR 30991
Smelters.
Section 335-3-4-.17............ Steel Mills 10/15/1996 6/6/1997, 62 FR 30991
Located in
Etowah County.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-5 Control of Sulfur Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-5-.01............ Fuel Combustions. 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-5-.02............ Sulfuric Acid 10/15/1996 6/6/1997, 62 FR 30991
Plants.
Section 335-3-5-.03............ Petroleum 8/10/2000 12/8/2000, 65 FR 76938
Production.
Section 335-3-5-.04............ Kraft Pulp Mills. 8/10/2000 12/8/2000, 65 FR 76938
Section 335-3-5-.05............ Process 6/22/1989 3/19/1990, 55 FR 10062
Industries--Gene
ral.
[[Page 95]]
Section 335-3-5-.06............ State Clean Air 4/3/2007 10/1/2007, 72 FR 55659
Interstate Rule
(CAIR) SO2
Trading Program
General
Provisions.
Section 335-3-5-.06............ TR SO2 Trading 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Program--Purpose 335-3-5-.06 are
and Definitions. included in the
approved SIP.
Section 335-3-5-.07............ CAIR Designated 4/3/2007 10/1/2007, 72 FR 55659
Representative
for CAIR SO2
Sources.
Section 335-3-5-.07............ TR SO2 Trading 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Program--Applica 335-3-5-.07 are
bility. included in the
approved SIP.
Section 335-3-5-.08............ Permits.......... 4/3/2007 10/1/2007, 72 FR 55659
Section 335-3-5-.08............ TR SO2 Trading 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Program--Retired 335-3-5-.08 are
Unit Exemption. included in the
approved SIP.
Section 335-3-5-.09............ TR SO2 Trading 11/24/2015 8/31/2016, 81 FR 59869
Program--Standar
d Requirements.
Section 335-3-5-.10............ TR SO2 Trading 11/24/2015 8/31/2016, 81 FR 59869
Program--computa
tion of Time.
Section 335-3-5-.11............ CAIR SO2 4/3/2007 10/1/2007, 72 FR 55659
Allowance
Tracking System.
Section 335-3-5-.11............ Administrative 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Appeal 335-3-5-.11 are
Procedures. included in the
approved SIP.
Section 335-3-5-.12............ CAIR SO2 4/3/2007 10/1/2007, 72 FR 55659
Allowance
Transfers.
Section 335-3-5-.12............ SO2 Trading 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Budgets and 335-3-5-.12 are
Variability included in the
Limits. approved SIP.
Section 335-3-5-.13............ Monitoring and 4/3/2007 10/1/2007, 72 FR 55659
Reporting.
Section 335-3-5-.13............ TR SO2 Allowance 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Allocations. 335-3-5-.13 are
included in the
approved SIP.
Section 335-3-5-.14............ CAIR SO2 Opt-in 4/3/2007 10/1/2007, 72 FR 55659
Units.
Section 335-3-5-.14............ Authorization of 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Designated 335-3-5-.14 are
Representative included in the
and Alternate approved SIP.
Designated
Representative.
Section 335-3-5-.15............ Responsibilities 11/24/2015 8/31/2016, 81 FR 59869
of Designated
Representative
and Alternate
Designated
Representative.
Section 335-3-5-.16............ Changing 11/24/2015 8/31/2016, 81 FR 59869
Designated
Representative
and Alternate
Designated
Representative;
Changes in
Owners and
Operators;
Changes in Units
at the Source.
Section 335-3-5-.17............ Certificate of 11/24/2015 8/31/2016, 81 FR 59869
Representation.
Section 335-3-5-.18............ Objections 11/24/2015 8/31/2016, 81 FR 59869
Concerning
Designated
Representative
and Alternate
Designated
Representative.
Section 335-3-5-.19............ Delegation by 11/24/2015 8/31/2016, 81 FR 59869
Designated
Representative
and Alternate
Designated
Representative.
Section 335-3-5-.21............ Establishment of 11/24/2015 8/31/2016, 81 FR 59869
Compliance
Accounts,
Assurance
Accounts, and
General Accounts.
Section 335-3-5-.22............ Recordation of TR 11/24/2015 8/31/2016, 81 FR 59869
SO2 Allowance
Allocations and
Auction Results.
Section 335-3-5-.23............ Submission of TR 11/24/2015 8/31/2016, 81 FR 59869
SO2 Allowance
Transfers.
Section 335-3-5-.24............ Recordation of TR 11/24/2015 8/31/2016, 81 FR 59869
SO2 Allowance
Transfers.
Section 335-3-5-.25............ Compliance with 11/24/2015 8/31/2016, 81 FR 59869
TR SO2 Emissions
Limitation.
[[Page 96]]
Section 335-3-5-.26............ Compliance with 11/24/2015 8/31/2016, 81 FR 59869
TR SO2 Assurance
Provisions.
Section 335-3-5-.27............ Banking.......... 11/24/2015 8/31/2016, 81 FR 59869
Section 335-3-5-.28............ Account Error.... 11/24/2015 8/31/2016, 81 FR 59869
Section 335-3-5-.29............ Administrator's 11/24/2015 8/31/2016, 81 FR 59869
Action on
Submissions.
Section 335-3-5-.31............ General 11/24/2015 8/31/2016, 81 FR 59869
Monitoring,
Recordkeeping,
and Reporting
Requirements.
Section 335-3-5-.32............ Initial 11/24/2015 8/31/2016, 81 FR 59869
Monitoring
System
Certification
and
Recertification
Procedures.
Section 335-3-5-.33............ Monitoring System 11/24/2015 8/31/2016, 81 FR 59869
Out-of-Control
Periods.
Section 335-3-5-.34............ Notifications 11/24/2015 8/31/2016, 81 FR 59869
Concerning
Monitoring.
Section 335-3-5-.35............ Recordkeeping and 11/24/2015 8/31/2016, 81 FR 59869
Reporting.
Section 335-3-5-.36............ Petitions for 11/24/2015 8/31/2016, 81 FR 59869
Alternatives to
Monitoring,
Recordkeeping,
or Reporting
Requirements.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-6 Control of Organic Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-6-.01............ Applicability.... 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-6-.02............ VOC Water 4/15/1987 9/27/1993, 58 FR 50262
Separation.
Section 335-3-6-.03............ Loading and 4/15/1987 9/27/1993, 58 FR 50262
Storage of VOC.
Section 335-3-6-.04............ Fixed-Roof 10/15/1996 6/6/1997, 62 FR 30991
Petroleum Liquid
Storage Vessels.
Section 335-3-6-.05............ Bulk Gasoline 10/15/1996 6/6/1997, 62 FR 30991
Plants.
Section 335-3-6-.06............ Bulk Gasoline 8/10/2000 12/8/2000, 65 FR 76938
Terminals.
Section 335-3-6-.07............ Gasoline 10/15/1996 6/6/1997, 62 FR 30991
Dispensing
Facilities--Stag
e I.
Section 335-3-6-.08............ Petroleum 6/22/1989 3/19/1990, 55 FR 10062
Refinery Sources.
Section 335-3-6-.09............ Pumps and 6/22/1989 3/19/1990, 55 FR 10062
Compressors.
Section 335-3-6-.10............ Ethylene 6/22/1989 3/19/1990, 55 FR 10062
Producing Plants.
Section 335-3-6-.11............ Surface Coating.. 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-6-.12............ Solvent Metal 10/15/1996 6/6/1997, 62 FR 30991
Cleaning.
Section 335-3-6-.13............ Cutback Asphalt.. 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-6-.14............ Petition for 6/22/1989 3/19/1990, 55 FR 10062
Alternative
Controls.
Section 335-3-6-.15............ Compliance 10/15/1996 6/6/1997, 62 FR 30991
Schedules.
Section 335-3-6-.16............ Test Methods and 8/10/2000 12/8/2000, 65 FR 76938
Procedures.
Section 335-3-6-.17............ Manufacture of 10/15/1996 6/6/1997, 62 FR 30991
Pneumatic Tires.
Section 335-3-6-.18............ Manufacture of 10/15/1996 6/6/1997, 62 FR 30991
Synthesized
Pharmaceutical
Products.
Section 335-3-6-.20............ Leaks from 10/15/1996 6/6/1997, 62 FR 30991
Gasoline Tank
Trucks and Vapor
Collection
Systems.
Section 335-3-6-.21............ Leaks from 10/15/1996 6/6/1997, 62 FR 30991
Petroleum
Refinery
Equipment.
Section 335-3-6-.22............ Graphic Arts..... 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-6-.23............ Petroleum Liquid 10/15/1996 6/6/1997, 62 FR 30991
Storage in
External
Floating Roof
Tanks.
Section 335-3-6-.24............ Applicability.... 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-6-.25............ VOC Water 6/22/1989 3/19/1990, 55 FR 10062
Separation.
Section 335-3-6-.26............ Loading and 4/15/1987 9/27/1993, 58 FR 50262
Storage of VOC.
Section 335-3-6-.27............ Fixed-Roof 10/15/1996 6/6/1997, 62 FR 30991
Petroleum Liquid
Storage Vessels.
Section 335-3-6-.28............ Bulk Gasoline 10/15/1996 6/6/1997, 62 FR 30991
Plants.
Section 335-3-6-.29............ Gasoline 10/15/1996 6/6/1997, 62 FR 30991
Terminals.
Section 335-3-6-.30............ Gasoline 10/15/1996 6/6/1997, 62 FR 30991
Dispensing
Facilities Stage
1.
Section 335-3-6-.31............ Petroleum 4/15/1987 9/27/1993, 58 FR 50262
Refinery Sources.
Section 335-3-6-.32............ Surface Coating.. 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-6-.33............ Solvent Metal 10/15/1996 6/6/1997, 62 FR 30991
Cleaning.
Section 335-3-6-.34............ Cutback Asphalt.. 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-6-.35............ Petition for 4/15/1987 9/27/1993, 58 FR 50262
Alternative
Controls.
Section 335-3-6-.36............ Compliances 10/15/1996 6/6/1997, 62 FR 30991
Schedules.
Section 335-3-6-.37............ Test Methods and 10/15/1996 6/6/1997, 62 FR 30991
Procedures.
Section 335-3-6-.38............ Manufacture of 6/22/1989 3/19/1990, 55 FR 10062
Pneumatic Tires.
Section 335-3-6-.39............ Manufacture of 10/15/1996 6/6/1997, 62 FR 30991
Synthesized
Pharmaceutical
Products.
[[Page 97]]
Section 335-3-6-.41............ Leaks from 10/15/1996 6/6/1997, 62 FR 30991
Gasoline Tank
Trucks and Vapor
Collection
Systems.
Section 335-3-6-.42............ Leaks from 10/15/1996 6/6/1997, 62 FR 30991
Petroleum
Refinery
Equipment.
Section 335-3-6-.43............ Graphic Arts..... 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-6-.44............ Petroleum Liquid 10/15/1996 6/6/1997, 62 FR 30991
Storage in
External
Floating Roof
Tanks.
Section 335-3-6-.45............ Large Petroleum 10/15/1996 6/6/1997, 62 FR 30991
Dry Cleaners.
Section 335-3-6-.46............ Aerospace 6/22/1989 6/6/1997, 62 FR 30991
Assembly and
Component and
Component
Coatings
Operation.
Section 335-3-6-.47............ Leaks from Coke 10/15/1996 6/6/1997, 62 FR 30991
by-Product
Recovery Plant
Equipment.
Section 335-3-6-.48............ Emissions from 10/15/1996 6/6/1997, 62 FR 30991
Coke by-Product
Recovery Plant
Coke Oven Gas
Bleeder.
Section 335-3-6-.49............ Manufacture of 10/15/1996 6/6/1997, 62 FR 30991
Laminated
Countertops.
Section 335-3-6-.50............ Paint Manufacture 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-6-.53............ List of EPA 10/15/1996 6/6/1997, 62 FR 30991
Approved and
Equivalent Test
Methods and
Procedures for
the Purpose of
Determining VOC
Emissions.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-7 Carbon Monoxide Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-7-.01............ Metals 6/22/1989 3/19/1990, 55 FR 10062
Productions.
Section 335-3-7-.02............ Petroleum 6/22/1989 3/19/1990, 55 FR 10062
Processes.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-8 Control of Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-8-.01............ Standards for 4/6/2001 7/17/2001, 66 FR 36919
Portland Cement
Kilns.
Section 335-3-8-.02............ Nitric Acid 10/15/1996 6/6/1997, 62 FR 30991
Manufacturing.
Section 335-3-8-.03............ NOX Emissions 10/24/2000 11/7/2001, 66 FR 56223
from Electric
Utility
Generating Units.
Section 335-3-8-.04............ Standards for 3/22/2005 12/28/2005, 70 FR 76694
Stationary
Reciprocating
Internal
Combustion
Engines.
Section 335-3-8-.05............ NOX Budget 4/3/2007 10/1/2007, 72 FR 55659
Trading Program.
Section 335-3-8-.06............ Authorized 4/6/2001 7/16/2001, 66 FR 36919
Account
Representative
for NOX Budget
Sources.
Section 335-3-8-.07............ Permits.......... 4/6/2001 7/16/2001, 66 FR 36919
Section 335-3-8-.07............ TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Trading Program-- 335-3-8-.07 are
Purpose and included in the
Definitions. approved SIP.
Section 335-3-8-.08............ Compliance 4/6/2001 7/16/2001, 66 FR 36919
Certification.
Section 335-3-8-.08............ TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Trading Program-- 335-3-8-.08 are
Applicability. included in the
approved SIP.
Section 335-3-8-.09............ NOX Allowance 4/6/2001 7/16/2001, 66 FR 36919
Allocations.
Section 335-3-8-.09............ TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Trading Program-- 335-3-8-.09 are
Retired Unit included in the
Exemption. approved SIP.
Section 335-3-8-.10............ NOX Allowance 4/3/2007 10/1/2007, 72 FR 55659
Tracking System.
Section 335-3-8-.10............ TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Trading Program-- 335-3-8-.10 are
Standard included in the
Requirements. approved SIP.
Section 335-3-8-.11............ NOX Allowance 4/6/2001 7/16/2001, 66 FR 36919
Transfers.
Section 335-3-8-.11............ TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Trading Program-- 335-3-8-.11 are
Computation of included in the
Time. approved SIP.
Section 335-3-8-.12............ Monitoring and 4/6/2001 7/16/2001, 66 FR 36919
Reporting.
[[Page 98]]
Section 335-3-8-.12............ Administrative 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Appeal 335-3-8-.12 are
Procedures. included in the
approved SIP.
Section 335-3-8-.13............ Individual Unit 4/6/2001 7/16/2001, 66 FR 36919
Opt-ins.
Section 335-3-8-.13............ NOX Annual 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Trading Budgets 335-3-8-.13 are
and Variability included in the
Limits. approved SIP.
Section 335-3-8-.14............ New Combustion 4/6/2001 7/16/2001, 66 FR 36919
Sources.
Section 335-3-8-.14............ TR NOX Annual 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Allowance 335-3-8-.14 are
Allocations. included in the
approved SIP.
Section 335-3-8-.16............ CAIR NOX Annual 4/3/2007 10/1/2007, 72 FR 55659
Budget Trading
Program.
Section 335-3-8-.16............ Authorization of 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Designated 335-3-8-.16 are
Representative included in the
and Alternate approved SIP.
Designated
Representative.
Section 335-3-8-.17............ CAIR Designated 4/3/2007 10/1/2007, 72 FR 55659
Representative
for CAIR NOX
Sources.
Section 335-3-8-.17............ Responsibilities 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
of Designated 335-3-8-.17 are
Representative included in the
and Alternate approved SIP.
Designated
Representative.
Section 335-3-8-.18............ CAIR Permits..... 4/3/2007 10/1/2007, 72 FR 55659
Section 335-3-8-.18............ Changing 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Designated 335-3-8-.18 are
Representative included in the
and Alternate approved SIP.
Designated
Representative;
Changes in
Owners and
Operators;
Changes in Units
at the Source.
Section 335-3-8-.19............ Certificate of 11/24/2015 8/31/2016, 81 FR 59869
Representation.
Section 335-3-8-.20............ CAIR NOX 4/3/2007 10/1/2007, 72 FR 55659
Allowance
Allocations.
Section 335-3-8-.20............ Objections 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Concerning 335-3-8-.20 are
Designated included in the
Representative approved SIP.
and Alternate
Designated
Representative.
Section 335-3-8-.21............ CAIR NOX 4/3/2007 10/1/2007, 72 FR 55659
Allowance
Tracking System.
Section 335-3-8-.21............ Delegation by 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Designated 335-3-8-.21 are
Representative included in the
and Alternate approved SIP.
Designated
Representative.
Section 335-3-8-.23............ CAIR Monitoring 4/3/2007 10/1/2007, 72 FR 55659
and Reporting.
Section 335-3-8-.23............ Establishment of 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Compliance 335-3-8-.23 are
Accounts, included in the
Assurance approved SIP.
Accounts, and
General Accounts.
Section 335-3-8-.24............ CAIR NOX Opt-in 4/3/2007 10/1/2007, 72 FR 55659
Units.
Section 335-3-8-.24............ Recordation of TR 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
NOX Annual 335-3-8-.24 are
Allowance included in the
Allocations and approved SIP.
Auction Results.
Section 335-3-8-.25............ CAIR NOX Ozone 4/3/2007 10/1/2007, 72 FR 55659
Season Trading
Program.
Section 335-3-8-.25............ Submission of TR 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
NOX Annual 335-3-8-.25 are
Allowance included in the
Transfers. approved SIP.
Section 335-3-8-.26............ CAIR Designated 4/3/2007 10/1/2007, 72 FR 55659
Representative
for CAIR NOX
Ozone Season
Sources.
Section 335-3-8-.26............ Recordation of TR 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
NOX Annual 335-3-8-.26 are
Allowance included in the
Transfers. approved SIP.
Section 335-3-8-.27............ CAIR NOX Ozone 4/3/2007 10/1/2007, 72 FR 55659
Season Permits.
[[Page 99]]
Section 335-3-8-.27............ Compliance with 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
TR NOX Annual 335-3-8-.27 are
Emissions included in the
Limitation. approved SIP.
Section 335-3-8-.28............ Compliance with 11/24/2015 8/31/2016, 81 FR 59869
TR NOX Annual
Assurance
Provisions.
Section 335-3-8-.29............ CAIR NOX Ozone 4/3/2007 10/1/2007, 72 FR 55659
Season Allowance
Allocations.
Section 335-3-8-.29............ Banking.......... 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
335-3-8-.29 are
included in the
approved SIP.
Section 335-3-8-.30............ CAIR NOX Ozone 4/3/2007 10/1/2007, 72 FR 55659
Season Allowance
Tracking System.
Section 335-3-8-.30............ Account Error.... 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
335-3-8-.30 are
included in the
approved SIP.
Section 335-3-8-.31............ Administrator's 11/24/2015 8/31/2016, 81 FR 59869
Action on
Submissions.
Section 335-3-8-.32............ CAIR NOX Ozone 4/3/2007 10/1/2007, 72 FR 55659
Season
Monitoring and
Reporting.
Section 335-3-8-.33............ CAIR NOX Ozone 4/3/2007 10/1/2007, 72 FR 55659
Season Opt-in
Units.
Section 335-3-8-.33............ General 11/24/2015 8/31/2016, 81 FR 59869 Both sections of
Monitoring, 335-3-8-.33 are
Recordkeeping, included in the
and Reporting approved SIP.
Requirements.
Section 335-3-8-.34............ Initial 11/24/2015 8/31/2016, 81 FR 59869
Monitoring
System
Certification
and
Recertification
Procedures.
Section 335-3-8-.35............ Monitoring System 11/24/2015 8/31/2016, 81 FR 59869
Out-of-Control
Periods.
Section 335-3-8-.36............ Notifications 11/24/2015 8/31/2016, 81 FR 59869
Concerning
Monitoring.
Section 335-3-8-.37............ Recordkeeping and 11/24/2015 8/31/2016, 81 FR 59869
Reporting.
Section 335-3-8-.38............ Petitions for 11/24/2015 8/31/2016, 81 FR 59869
Alternatives to
Monitoring,
Recordkeeping,
or Reporting
Requirements.
Section 335-3-8-.39............ TR NOX Ozone 6/9/2017 10/6/2017, 82 FR 46674
Season Group 2
Trading Program--
Purpose and
Definitions.
Section 335-3-8-.40............ TR NOX Ozone 11/24/2015 10/6/2017, 82 FR 46674
Season Group 2
Trading Program--
Applicability.
Section 335-3-8-.41............ TR NOX Ozone 6/9/2017 10/6/2017, 82 FR 46674
Season Group 2
Trading Program--
Retired Unit
Exemption.
Section 335-3-8-.42............ TR NOX Ozone 6/9/2017 10/6/2017, 82 FR 46674
Season Group 2
Trading Program--
Standard
Requirements.
Section 335-3-8-.43............ TR NOX Ozone 6/9/2017 10/6/2017, 82 FR 46674
Season Group 2
Trading Program--
Computation of
Time.
Section 335-3-8-.44............ Administrative 11/24/2015 10/6/2017, 82 FR 46674
Appeal
Procedures.
Section 335-3-8-.45............ NOX Ozone Season 6/9/2017 10/6/2017, 82 FR 46674
Group 2 Trading
Budgets and
Variability
Limits.
Section 335-3-8-.46............ TR NOX Ozone 6/9/2017 10/6/2017, 82 FR 46674
Season Group 2
Allowance
Allocations.
Section 335-3-8-.48............ Authorization of 6/9/2017 10/6/2017, 82 FR 46674
Designated
Representative
and Alternate
Designated
Representative.
Section 335-3-8-.49............ Responsibilities 6/9/2017 10/6/2017, 82 FR 46674
of Designated
Representative
and Alternate
Designated
Representative.
Section 335-3-8-.50............ Changing 6/9/2017 10/6/2017, 82 FR 46674
Designated
Representative
and Alternate
Designated
Representative;
Changes in
Owners and
Operators;
Changes in Units
at the Source.
[[Page 100]]
Section 335-3-8-.51............ Certificate of 6/9/2017 10/6/2017, 82 FR 46674
Representation.
Section 335-3-8-.52............ Objections 6/9/2017 10/6/2017, 82 FR 46674
Concerning
Designated
Representative
and Alternate
Designated
Representative.
Section 335-3-8-.53............ Delegation by 6/9/2017 10/6/2017, 82 FR 46674
Designated
Representative
and Alternate
Designated
Representative.
Section 335-3-8-.55............ Establishment of 6/9/2017 10/6/2017, 82 FR 46674
Compliance
Accounts,
Assurance
Accounts, and
General Accounts.
Section 335-3-8-.56............ Recordation of TR 6/9/2017 10/6/2017, 82 FR 46674
NOX Ozone Season
Group 2
Allowance
Allocations and
Auction Results.
Section 335-3-8-.57............ Submission of TR 6/9/2017 10/6/2017, 82 FR 46674
NOX Ozone Season
Group 2
Allowance
Transfers.
Section 335-3-8-.58............ Recordation of TR 6/9/2017 10/6/2017, 82 FR 46674
NOX Ozone Season
Group 2
Allowance
Transfers.
Section 335-3-8-.59............ Compliance with 6/9/2017 10/6/2017, 82 FR 46674
TR NOX Ozone
Season Group 2
Emissions
Limitation.
Section 335-3-8-.60............ Compliance with 6/9/2017 10/6/2017, 82 FR 46674
TR NOX Ozone
Season Group 2
Assurance
Provisions.
Section 335-3-8-.61............ Banking.......... 6/9/2017 10/6/2017, 82 FR 46674
Section 335-3-8-.62............ TR NOX Ozone 6/9/2017 10/6/2017, 82 FR 46674
Season Group 2
Trading Program--
Account Error.
Section 335-3-8-.63............ TR NOX Ozone 6/9/2017 10/6/2017, 82 FR 46674
Season Group 2
Trading Program--
Administrator's
Action on
Submissions.
Section 335-3-8-.65............ General 6/9/2017 10/6/2017, 82 FR 46674
Monitoring,
Recordkeeping,
and Reporting
Requirements.
Section 335-3-8-.66............ Initial 6/9/2017 10/6/2017, 82 FR 46674
Monitoring
System
Certification
and
Recertification
Procedures.
Section 335-3-8-.67............ Monitoring System 6/9/2017 10/6/2017, 82 FR 46674
Out-of-Control
Periods.
Section 335-3-8-.68............ Notifications 6/9/2017 10/6/2017, 82 FR 46674
Concerning
Monitoring.
Section 335-3-8-.69............ Recordkeeping and 6/9/2017 10/6/2017, 82 FR 46674
Reporting.
Section 335-3-8-.70............ Petitions for 6/9/2017 10/6/2017, 82 FR 46674
Alternatives to
Monitoring,
Recordkeeping,
or Reporting
Requirements.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-9 Control of Emissions from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Section 335-3-9-.01............ Visible Emission 10/15/1996 6/6/1997, 62 FR 30991
Restriction for
Motor Vehicles.
Section 335-3-9-.02............ Ignition System 8/10/2000 12/8/2000, 65 FR 76938
and Engine Speed.
Section 335-3-9-.03............ Crankcase 8/10/2000 12/8/2000, 65 FR 76938
Ventilation
Systems.
Section 335-3-9-.04............ Exhaust Emission 6/22/1989 3/19/1990, 55 FR 10062
Control Systems.
Section 335-3-9-.05............ Evaporative Loss 6/22/1989 3/19/1990, 55 FR 10062
Control Systems.
Section 335-3-9-.06............ Other Prohibited 8/10/2000 12/8/2000, 65 FR 76938
Acts.
Section 335-3-9-.07............ Effective Date... 10/15/1996 6/6/1997, 62 FR 30991
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-12 Continuous Monitoring Requirements for Existing Sources
----------------------------------------------------------------------------------------------------------------
Section 335-3-12-.01........... General.......... 6/22/1989 3/19/1990, 55 FR 10062
Section 335-3-12-.02........... Emission 2/17/1998 9/14/1998, 63 FR 49005
Monitoring and
Reporting
Requirements.
Section 335-3-12-.03........... Monitoring System 6/22/1989 3/19/1990, 55 FR 10062
Malfunction.
Section 335-3-12-.04........... Alternate 6/22/1989 3/19/1990, 55 FR 10062
Monitoring and
Reporting
Requirements.
[[Page 101]]
Section 335-3-12-.05........... Exemptions and 6/22/1989 3/19/1990; 55 FR 10062
Extensions.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-13 Control of Fluoride Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-13-.01........... General.......... 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-13-.02........... Superphosphoric 10/15/1996 6/6/1997, 62 FR 30991
Acid Plants.
Section 335-3-13-.03........... Diammonium 10/15/1996 6/6/1997, 62 FR 30991
Phosphate Plants.
Section 335-3-13-.04........... Triple 10/15/1996 6/6/1997, 62 FR 30991
Superphosphoric
Plants.
Section 335-3-13-.05........... Granular Triple 10/15/1996 6/6/1997, 62 FR 30991
Superphosphoric
Storage
Facilities.
Section 335-3-13-.06........... Wet Process 10/15/1996 6/6/1997, 62 FR 30991
Phosphoric Acid
Plants.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-14 Air Permits
----------------------------------------------------------------------------------------------------------------
Section 335-3-14-.01........... General 6/9/2017 12/14/2018, 83 FR 64285
Provisions.
Section 335-3-14-.02........... Permit Procedures 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-14-.03........... Standards for 5/23/2011 9/26/2012, 77 FR 59100.
Granting Permits.
Section 335-3-14-.04........... Air Permits 6/9/2017 12/14/2018, 83 FR 64285 Except for
Authorizing changes to 335-3-
Construction in 14-.04(2)(g)2.
Clean Air Areas and the addition
(Prevention of of 335-3-14-
Significant .04(2)(bbb),
Deterioration state effective
Permitting May 29, 2012,
(PSD)). which EPA
proposed to
approve on
August 24, 2017.
Except for
changes to 335-3-
14-.04(2)(w)1.,
state effective
July 11, 2006,
which lists a
100 ton per year
significant net
emissions
increase for
regulated NSR
pollutants not
otherwise
specified at 335-
3-14-.04(2)(w).
Except for the
significant
impact levels at
335-3-14-.04(10)
(b) which were
withdrawn from
EPA
consideration on
October 9, 2014.
[[Page 102]]
Section 335-3-14-.05........... Air Permits 6/9/2017 12/14/2018, 83 FR 64285 With the
Authorizing exception of:
Construction in The portion of
or Near 335-3-14-.05(1)(
Nonattainment k) stating
Areas. ``excluding
ethanol
production
facilities that
produce ethanol
by natural
fermentation'';
and 335-3-14-
.05(2)(c)3
(addressing
fugitive
emission
increases and
decreases). Also
with the
exception of the
state-withdrawn
elements: 335-3-
14-.05(1)(h)
(the actual-to-
potential test
for projects
that only
involve existing
emissions
units); the last
sentence at 335-
3-14-.05(3)(g),
stating
``Interpollutant
offsets shall be
determined based
upon the
following
ratios''; and
the NNSR
interpollutant
ratios at 335-3-
14-.05(3)(g)1-4.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-15 Synthetic Minor Operating Permits
----------------------------------------------------------------------------------------------------------------
Section 335-3-15-.01........... Definitions...... 10/15/1996 6/6/1997, 62 FR 30991
Section 335-3-15-.02........... General 8/10/2000 12/8/2000, 65 FR 76938
Provisions.
Section 335-3-15-.03........... Applicability.... 11/23/1993 10/20/1994, 59 FR 52916
Section 335-3-15-.04........... Synthetic Minor 10/15/1996 6/6/1997, 62 FR 30991
Operating Permit
Requirements.
Section 335-3-15-.05........... Public 6/9/2017 12/14/2018, 83 FR 64285
Participation.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-17 Conformity of Federal Actions to State Implementation Plans
----------------------------------------------------------------------------------------------------------------
Section 335-3-17-.01........... Transportation 5/28/2013 10/12/2017, 82 FR 47383
Conformity.
Section 335-3-17-.02........... General 5/23/2011 9/26/2012, 77 FR 59100
Conformity.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved Alabama source specific requirements.
EPA Approved Alabama Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Permit No. date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Lafarge Cement Kiln.......... AB70004_1_01.... 2/6/2008 7/30/2009, 74 FR 37945 Certain provisions
of the permit.
Lehigh Cement Kiln........... 4-07-0290-03.... 2/6/2008 7/30/2009, 74 FR 37945 Certain provisions
of the permit.
----------------------------------------------------------------------------------------------------------------
(e) EPA Approved Alabama Non-Regulatory Provisions.
[[Page 103]]
EPA Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
Attainment Plan for the Alabama A portion of 10/07/2009 10/5/2012, 77 FR
Portion of the Chattanooga 1997 Jackson County, 60904.
Annual PM2.5 Nonattainment Area. Alabama.
Birmingham 1990 Baseline Birmingham Ozone 11/13/1992 6/4/1999, 64 FR
Emissions Inventory. Nonattainment Area. 29961.
Alabama Interagency 1/20/2000 5/11/2000, 65 FR
Transportation Conformity 30362.
Memorandum of Agreement.
Alabama Fuel Waiver Request-- Birmingham Ozone 12/1/2000 11/7/2001, 66 FR
Appendix II of Attainment Nonattainment Area. 56220.
Demonstration of the 1-hour
NAAQS for Ozone for the
Birmingham Nonattainment Area.
Attainment Demonstration of the Birmingham Ozone 12/1/2000 11/7/2001, 66 FR
1-hour NAAQS for Ozone for the Nonattainment Area. 56224.
Birmingham Nonattainment Area.
Maintenance Plan for the Jefferson County 1/30/2004 3/12/2004, 69 FR
Birmingham area. and Shelby County. 11800.
8-Hour Ozone Maintenance plan Jefferson County 1/26/2006 5/12/2006, 71 FR
for the Birmingham area. and Shelby County. 27631.
Conformity SIP for Birmingham Jefferson County, 12/12/2008 3/26/2009, 74 FR
and Jackson County. Shelby County, 13118.
Jackson County.
110(a)(1) and (2) Infrastructure Alabama............ 12/10/2007 7/13/2011, 76 FR For the 1997 8-
Requirements for the 1997 8- 41088. hour ozone NAAQS.
Hour Ozone National Ambient Air
Quality Standards.
Chattanooga; Fine Particulate Jackson County..... 7/31/2009 2/8/2012, 77 FR
Matter 2002 Base Year Emissions 6467.
Inventory.
Regional haze plan.............. Statewide.......... 7/15/2008 6/28/2012, 77 FR
38515..
110(a)(1) and (2) Infrastructure Alabama............ 7/25/2008 10/1/2012, 77 FR With the exception
Requirements for 1997 Fine 59755. of sections
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. and
110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Alabama............ 9/23/2009 10/1/2012, 77 FR With the exception
Requirements for 2006 Fine 59755. of sections
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. and
110(a)(2)(E)(ii).
1997 Annual PM2.5 Maintenance Birmingham PM2.5 5/2/2011 1/22/2013, 78 FR
Plan for the Birmingham Area. Nonattainment Area. 4341.
2006 24-hour PM2.5 Maintenance Birmingham PM2.5 6/17/2010 1/25/2013, 78 FR
Plan for the Birmingham Area. Nonattainment Area. 5306.
110(a)(1) and (2) Infrastructure Alabama............ 7/25/2008 4/12/2013, 78 FR Addressing element
Requirements for 1997 Fine 21841. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Alabama............ 9/23/2009 4/12/2013, 78 FR Addressing element
Requirements for 2006 Fine 21841. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
2008 Lead Attainment Troy Area.......... 11/9/2012 1/28/2014, 79 FR
Demonstration for Troy Area. 4407.
110(a)(1) and (2) Infrastructure Alabama............ 7/25/2008 5/7/2014, 79 FR Addressing prong 4
Requirements for 1997 Fine 26143. of section
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. only.
[[Page 104]]
110(a)(1) and (2) Infrastructure Alabama............ 9/23/2009 5/7/2014, 79 FR Addressing prong 4
Requirements for 2006 Fine 26143. of section
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. only.
1997 Annual PM2.5 Maintenance Portion of Jackson 4/23/2013 12/22/2014, 79 FR
Plan for the Alabama portion of County in the 76235.
the Chattanooga TN-GA-AL Area. Chattanooga TN-GA-
AL Area.
110(a)(1) and (2) Infrastructure Alabama............ 11/4/2011 3/18/2015, 80 FR Addressing the PSD
Requirements for the 2008 Lead 14019. 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 Alabama............ 8/20/2012 3/18/2015, 80 FR Addressing the PSD
Requirements for the 2008 Ozone 14019. 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 Alabama............ 4/23/2013 3/18/2015, 80 FR Addressing the PSD
Requirements for the 2010 NO2 14019. permitting
NAAQS. requirements of
sections
110(a)(2)(C),
110(a)(2)(D)(i)(I
I) (prong 3) and
110(a)(2)(J)
only.
Non-interference Demonstration Jefferson and 11/14/2014 4/17/2015, 80 FR ..................
for Federal Low-Reid Vapor Shelby Counties. 21170.
Pressure Requirement for the
Birmingham Area.
110(a)(1) and (2) Infrastructure 7/17/2012.......... 4/2/2015 4/2/2015, 80 FR With the exception
Requirements for the 2008 8- 17689. of PSD permitting
Hour Ozone National Ambient Air requirements for
Quality Standards. major sources of
sections
110(a)(2)(C) and
(J); interstate
transport
requirements of
section
110(a)(2)(D)(i)(I
) and (II),
110(a)(2)(E)(ii),
and the
visibility
requirements of
section
110(a)(2)(J).
Cross State Air Pollution Rule-- Alabama............ 3/27/2014 9/22/2015......... ..................
State-Determined Allowance
Allocations for the 2016
control periods.
110(a)(1) and (2) Infrastructure Alabama............ 8/20/2012 8/12/2015, 80 FR Addressing the
Requirements for the 2008 Ozone 48258. visibility
NAAQS. requirements of
110(a)(2)(J)
only.
[[Page 105]]
110(a)(1) and (2) Infrastructure Alabama............ 11/4/2011 10/9/2015, 80 FR With the exception
Requirements for the 2008 Lead 61111. of provisions
National Ambient Air Quality pertaining to PSD
Standards. permitting
requirements in
sections
110(a)(2)(C),
110(a)(2)(D)(i)(I
I) (prong 3),
110(a)(2)(J); and
section
110(a)(2)(E)(ii).
110(a)(1) and 110(a)(2) Alabama............ 12/9/2015 9/22/2016, 81 FR Addressing Prongs
Infrastructure Requirements for 65286. 1 and 2 of
the 2010 NO2 NAAQS--Update. Section
110(a)(2)(D)(i)(I
) only.
110(a)(1) and (2) Infrastructure Alabama............ 4/23/2013 11/21/2016, 81 FR With the exception
Requirements for the 2010 1- 83142. of sections:
hour NO2 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 boards
of section
110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Alabama............ 4/23/2013 1/12/2017, 82 FR With the exception
Requirements for the 2010 1- 3637. of interstate
hour SO2 NAAQS. transport
requirements of
section
110(a)(2)(D)(i)(I
I) (prong 4), and
the state board
requirements of
section
110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Alabama............ 12/9/2015 9/18/2017, 82 FR With the exception
Requirements for the 2012 43487. of section
Annual PM2.5 NAAQS. 110(a)(2)(D)(i)(I
) and (II)
(prongs 1, 2 and
4) and the state
board
requirements of
section
110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Alabama............ 12/9/2015 10/12/2017, 82 FR Addressing Prong 4
Requirements for the 2010 1- 47393. of Section
hour NO2 NAAQS. 110(a)(2)(D)(i)(I
) only.
110(a)(1) and (2) Infrastructure Alabama............ 4/23/2013 10/12/2017, 82 FR Addressing Prong 4
Requirements for the 2010 1- 47393. of Section
hour SO2 NAAQS. 110(a)(2)(D)(i)(I
) only.
110(a)(1) and (2) Infrastructure Alabama............ 12/9/2015 10/12/2017, 82 FR Addressing Prong 4
Requirements for the 2012 47393. of Section
Annual PM2.5 NAAQS. 110(a)(2)(D)(i)(I
) only.
Regional Haze Plan Revision..... Alabama............ 10/26/2015 10/12/2017, 82 FR
47393.
2008 Lead Maintenance Plan for Troy Area.......... 1/3/2018 6/20/2018, 83 FR
the Troy Area. 28543.
[[Page 106]]
110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, 83 FR Addressing the
Requirements for the 1997 31454. state board
Annual PM2.5 NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, 83 FR Addressing the
Requirements for the 2006 24- 31454. state board
hour PM2.5 NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, 83 FR Addressing the
Requirements for the 2012 24- 31454. state board
hour PM2.5 NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, 83 FR Addressing the
Requirements for the 2008 Lead 31454. state board
NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, 83 FR Addressing the
Requirements for the 2008 8- 31454. state board
hour Ozone NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, 83 FR Addressing the
Requirements for the 2010 NO2 31454. state board
NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Alabama............ 12/8/2017 7/6/2018, 83 FR Addressing the
Requirements for the 2010 SO2 31454. state board
NAAQS. requirements of
sections 128 and
110(a)(2)(E)(ii)
only.
110(a)(1) and (2) Infrastructure Alabama............ 12/9/2015 9/25/2018, 83 FR Addressing Prongs
Requirements for the 2012 48387. 1 and 2 of
Annual PM2.5 NAAQS. section
110(a)(2)(D)(i)(I
) only.
June 2018 Regional Haze Progress Alabama............ 6/26/2018 3/5/2019, 84 FR
Report. 7823.
----------------------------------------------------------------------------------------------------------------
[63 FR 70672, Dec. 22, 1998]
Editorial Note: For Federal Register citations affecting Sec.
52.50, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.51 Classification of regions.
The Alabama plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Alabama & Tombigbee Rivers Intrastate................ II III III III III
Columbus (Georgia)-Phenix City (Alabama) Interstate.. I III III III III
East Alabama Intrastate.............................. I III III III III
[[Page 107]]
Metropolitan Birmingham Intrastate................... I II III I I
Mobile (Alabama)-Pensacola-Panama City (Florida)- I I III III I
Southern Mississippi Interstate.....................
Southeast Alabama Intrastate......................... II III III III III
Tennessee River Valley (Alabama)-Cumberland Mountains I I III III III
(Tennessee) Interstate..............................
----------------------------------------------------------------------------------------------------------------
[37 FR 10847, May 31, 1972]
Sec. 52.53 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Alabama's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisfies all requirements of part
D, title 1, of the Clean Air Act as amended in 1977.
[79 FR 30050, May 27, 2014, as amended at 80 FR 17691, Apr. 2, 2015; 80
FR 61112, Oct. 9, 2015; 81 FR 83144, Nov. 21, 2016; 82 FR 3639, Jan. 12,
2017; 82 FR 9515, Feb. 7, 2017; 82 FR 47396, Oct. 12, 2017; 83 FR 31458,
July 6, 2018]
Sec. 52.54 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located
in the State of Alabama and 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 Alabama'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 Alabama's SIP.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Alabama's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of 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 Alabama 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 Alabama 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
[[Page 108]]
regard to sources and units in the State will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Alabama's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the 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. 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 Alabama's SIP.
(3) Notwithstanding the provisions of paragraph (b)(2) of this
section, if, at the time of the approval of Alabama'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 48361, Aug. 8, 2011, as amended at 80 FR 57275, Sept. 22, 2015;
81 FR 74586 and 74593, Oct. 26, 2016; 83 FR 65924, Dec. 21, 2018]
Sec. 52.55 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each source and each unit located in
the State of Alabama and 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 Alabama'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 Alabama's SIP.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Alabama's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of 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 48361, Aug. 8, 2011, as amended at 80 FR 57275, Sept. 22, 2015;
81 FR 74586 and 74593, Oct. 26, 2016]
Sec. 52.56 [Reserved]
Sec. 52.57 Control strategy: Sulfur oxides.
(a) The requirements of Subpart G of this chapter are not met since
the Alabama plan does not provide for attainment and maintenance of the
national standards for sulfur oxides in the vicinity of the Widows Creek
Power Plant in Jackson County, Alabama. Therefore, Part 5.1, Fuel
Combustion, of Chapter 5, Control of Sulfur Compound Emissions, of the
rules and regulations of the State of Alabama, as adopted by the Alabama
Air Pollution Control Commission on May 29, 1973, and amended on March
25, 1975, which is part of the revised sulfur oxide control strategy, is
disapproved as it applies to the Widows Creek Plant. Part 5.1 of the
Alabama rules and regulations as adopted on January 18, 1972, remains
[[Page 109]]
the implementation plan regulation applicable to that source.
(b) [Reserved]
[41 FR 42674, Sept. 28, 1976, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.58 Control strategy: Lead.
The lead plan submitted by the State on March 24, 1982, is
disapproved because it fails to provide for the attainment of the lead
standard throughout Alabama. The lead plan submitted by the State on
October 7, 1985, and November 13, 1986, for Jefferson County is
conditionally approved on the condition that the State by October 1,
1987, determine what additional control measures may be necessary, if
any, to assure attainment and maintenance as expeditiously as
practicable but no later than the applicable attainment deadline and
submit those measures to EPA for approval, together with an appropriate
demonstration of attainment. The provisions in the regulation submitted
on October 7, 1985, that give the Jefferson County Health Officer
discretion to vary the requirements of the regulation are approved as
limits on that discretion, but any variances that may result from those
provisions are not approved in advance and hence change the applicable
implementation plan only when approved by EPA on a case-by-case basis.
[49 FR 18738, May 2, 1984, as amended at 52 FR 4291, Feb. 11, 1987]
Sec. 52.60 Significant deterioration of air quality.
(a) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of Alabama shall be
submitted to the State agency, Alabama Department of Environmental
Management, P.O. Box 301463, Montgomery, Alabama 36130-1463, rather than
to EPA's Region 4 office.(b) On March 24, 1987, the Alabama Department
of Environmental Management submitted a letter committing the State of
Alabama to require that modeling for PSD permits be done only in
accordance with the ``Guideline on Air Quality Models (Revised)'' or
other models approved by EPA.
[42 FR 22869, May 5, 1977, as amended at 46 FR 55518, Nov. 10, 1981; 52
FR 48812, Dec. 28, 1987; 74 FR 55143, Oct. 27, 2009]
Sec. 52.61 [Reserved]
Sec. 52.62 Control strategy: Sulfur oxides and particulate matter.
In a letter dated May 29, 1987, the Alabama Department of Health and
Environmental Control certified that no emission limits in the State's
plan are based on dispersion techniques not permitted by EPA's stack
height rules. The certification does not apply to: Alabama Electric
Cooperative--Lowman Steam Plant; Alabama Power Company-Gorgas Steam
Plant, Gaston Steam Plant, Greene County Steam Plant, Gadsden Steam
Plant, Miller Steam Plant, and Barry Steam Plant; Alabama River Pulp;
Champion International Corporation; Container Corporation of America;
Exxon Company's Big Escambia Creek Treating Facility; General Electric's
Burkville Plant; International Paper; Scott Paper Company; Tennessee
Valley Authority's Colbert, and Widows Creek Steam Plant; Union Camp
Corporation; and U.S. Steel.
(a) Determination of Attaining Data. EPA has determined, as of
September 20, 2010, the Birmingham, Alabama, nonattainment area has
attaining data for the 2006 24-hour PM2.5 NAAQS. This clean
data determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 2006 24-hour PM2.5 NAAQS.
(b) Determination of Attaining Data. EPA has determined, as of May
31, 2011, the Chattanooga, Tennessee, nonattainment area has attaining
data for the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures,
[[Page 110]]
a reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standard for as long as this
area continues to meet the 1997 annual PM2.5 NAAQS.
(c) Determination of attaining data. EPA has determined, as of June
29, 2011, the Birmingham, Alabama, nonattainment area has attaining data
for the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 1997 annual
PM2.5 NAAQS.
(d) Disapproval. EPA is disapproving portions of Alabama's
Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS
addressing interstate transport, specifically with respect to section
110(a)(2)(D)(i)(I).
(e) Disapproval. EPA is disapproving portions of Alabama's
Infrastructure SIP for the 1997 annual and 2006 24-hour PM2.5
NAAQS addressing section 110(a)(2)(E)(ii) that requires the State to
comply with section 128 of the CAA.
[55 FR 5846, Feb. 20, 1990, as amended at 75 FR 57187, Sept. 20, 2010;
76 FR 31241, May 31, 2011; 76 FR 38024, June 29, 2011; 76 FR 43136, July
20, 2011; 77 FR 62452, Oct. 15, 2012]
Sec. 52.63 PM [bdi1][bdi0] State Implementation Plan development
in group II areas.
On March 15, 1989, the State submitted a committal SIP for the
cities of Leeds and North Birmingham in Jefferson County. The committal
SIP contains all the requirements identified in the July 1, 1987,
promulgation of the SIP requirements for PM10 at 52 FR 24681.
The SIP commits the State to submit an emissions inventory, continue to
monitor for PM10, report data and to submit a full SIP if a
violation of the PM10 and National Ambient Air Quality
Standards is detected.
[56 FR 32514, July 17, 1991]
Sec. 52.64 Determination of attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Chattanooga, Alabama-Georgia-
Tennessee PM2.5 nonattainment area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Chattanooga, Alabama-Georgia-Tennessee
PM2.5 nonattainment area is not subject to the consequences
of failing to attain pursuant to section 179(d).
[76 FR 55575, Sept. 8, 2011]
Sec. 52.65 Control Strategy: Nitrogen oxides.
On October 22, 1990, the Alabama Department of Environmental
Management submitted a revision to Chapter 2, Control Strategy, by
adding subsection 4.2.3. This revision addressed the strategy Alabama is
using to implement provisions of the Prevention of Significant
Deterioration regulations for nitrogen oxides.
[57 FR 24370, June 9, 1992]
Sec. 52.66 [Reserved]
Sec. 52.69 Original identification of plan section.
(a) This section identified the original ``Air Implementation Plan
for the State of Alabama'' and all revisions submitted by Alabama that
were federally approved prior to December 1, 1998. The information in
this section is available in the 40 CFR, part 52 edition revised as of
July 1, 1999, the 40 CFR, part 52, Volume 1 of 2 (Sec. Sec. 52.01 to
52.1018) editions revised as of July 1, 2000 through July 1, 2011, and
the 40 CFR, part 52, Volume 1 of 3 (Sec. Sec. 52.01 to 52.1018)
editions revised as of July 1, 2012.
(b)-(c) [Reserved]
[79 FR 30050, May 27, 2014]
Subpart C_Alaska
Sec. 52.70 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for the State of Alaska under section 110 of the
Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51
[[Page 111]]
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
8, 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. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after September 8, 2017, will be incorporated by
reference in the next update to the SIP compilation.
(2) The EPA Region 10 certifies that the rules and 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 8, 2017.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Avenue, Seattle WA,
98101; 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: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.
(c) EPA approved regulations.
EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50--Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 1. Ambient Air Quality Management
----------------------------------------------------------------------------------------------------------------
18 AAC 50.005.................. Purpose and 10/1/2004 8/14/2007, 72 FR
Applicability of 45378.
Chapter.
18 AAC 50.007.................. Local Government Powers 2/28/2015 9/8/2017, 82 FR
or Obligations Under a 42457.
Local Air Quality
Control Program.
18 AAC 50.010.................. Ambient Air Quality 8/20/2016 8/28/2017, 82 FR Except (8).
Standards. 40712.
18 AAC 50.015.................. Air Quality 4/17/2015 5/19/2016, 81 FR
Designations, 31511.
Classifications, and
Control Regions.
18 AAC 50.020.................. Baseline Dates and 8/20/2016 8/28/2017, 82 FR
Maximum Allowable 40712.
Increases.
18 AAC 50.025.................. Visibility and Other 11/26/2016 9/8/2017, 82 FR
Special Protection 42457.
Areas.
18 AAC 50.035.................. Documents, Procedures 8/20/2016 8/28/2017, 82 FR Except (a)(6) and
and Methods Adopted by 40712. (b)(4).
Reference.
18 AAC 50.040.................. Federal Standards 8/20/2016; 11/ 8/28/2017, 82 FR Except (a), (b),
Adopted by Reference. 9/2014 40712; 1/7/2015, (c), (d), (e),
80 FR 832. (g), (j) and (k).
18 AAC 50.045.................. Prohibitions........... 10/1/2004 8/14/2007, 72 FR
45378.
18 AAC 50.050.................. Incinerator Emission 7/25/2008 9/19/2014, 79 FR
Standards. 56268.
18 AAC 50.055.................. Industrial Processes 8/20/2016 8/28/2017, 82 FR Except (d)(2)(B).
and Fuel-Burning 40712.
Equipment.
18 AAC 50.065.................. Open Burning........... 3/2/2016 9/8/2017, 82 FR
42457.
18 AAC 50.070.................. Marine Vessel Visible 6/21/1998 8/14/2007, 72 FR
Emission Standards. 45378.
18 AAC 50.075.................. Solid Fuel-Fired 11/26/2016 9/8/2017, 82 FR Except (d)(2).
Heating Device Visible 42457.
Emission Standards.
18 AAC 50.076.................. Solid Fuel-Fired 11/26/2016 9/8/2017, 82 FR Except (g)(11).
Heating Device Fuel 42457.
Requirements;
Registration of
Commercial Wood
Sellers.
18 AAC 50.077.................. Standards for Wood- 11/26/2016 9/8/2017, 82 FR Except (h).
Fired Heating Devices. 42457.
18 AAC 50.080.................. Ice Fog Standards...... 1/18/1997 8/14/2007, 72 FR
45378.
18 AAC 50.100.................. Nonroad Engines........ 10/1/2004 8/14/2007, 72 FR
45378.
18 AAC 50.110.................. Air Pollution 5/26/1972 5/31/1972, 37 FR
Prohibited. 10842.
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 2. Program Administration
----------------------------------------------------------------------------------------------------------------
18 AAC 50.200.................. Information Requests... 10/1/2004 8/14/2007, 72 FR
45378.
18 AAC 50.201.................. Ambient Air Quality 10/1/2004 8/14/2007, 72 FR
Investigation. 45378.
[[Page 112]]
18 AAC 50.205.................. Certification.......... 10/1/2004 8/14/2007, 72 FR
45378.
18 AAC 50.215.................. Ambient Air Quality 8/20/2016 8/28/2017, 82 FR Except (a)(4).
Analysis Methods. 40712.
18 AAC 50.220.................. Enforceable Test 9/14/2012 9/19/2014, 79 FR Except (c)(1)(A),
Methods. 56268. (B), (C), and
(c)(2).
18 AAC 50.225.................. Owner-Requested Limits. 10/6/2013 5/27/2015, 80 FR
30161.
18 AAC 50.230.................. Preapproved Emission 9/26/2015; 11/25/2016, 81 FR Except (d).
Limits. 1/29/2005 85160; 8/14/2007,
72 FR 45378.
18 AAC 50.240.................. Excess Emissions....... 1/18/1997 11/18/1998, 63 FR
63983.
18 AAC 50.245.................. Air Quality Episodes 2/28/2015 9/8/2017, 82 FR
and Advisories for Air 42457.
Pollutants Other than
PM2.5.
18 AAC 50.246.................. Air Quality Episodes 2/28/2015 9/8/2017, 82 FR
and Advisories for 42457.
PM2.5.
18 AAC 50.250.................. Procedures and Criteria 10/1/2004 8/14/2007, 72 FR
for Revising Air 45378.
Quality
Classifications.
18 AAC 50.260.................. Guidelines for Best 9/26/2015; 10/ 11/25/2016, 81 FR
Available Retrofit 6/2013 85160; 5/27/2015,
Technology under the 80 FR 30161.
Regional Haze Rule.
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 3. Major Stationary Source Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.301.................. Permit Continuity...... 10/1/2004 8/14/2007, 72 FR
45378.
18 AAC 50.302.................. Construction Permits... 9/14/2012 9/19/2014, 79 FR Except (a)(3).
56268.
18 AAC 50.306.................. Prevention of 1/4/2013 9/19/2014, 79 FR
Significant 56268.
Deterioration (PSD)
Permits.
18 AAC 50.311.................. Nonattainment Area 10/1/2004 8/14/2007, 72 FR
Major Stationary 45378.
Source Permits.
18 AAC 50.345.................. Construction, Minor and 8/20/2016 8/28/2017, 82 FR Except (b),
Operating Permits: 40712. (c)(3), and (l).
Standard Permit
Conditions.
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 4. User Fees
----------------------------------------------------------------------------------------------------------------
18 AAC 50.400.................. Permit Administration 9/26/2015 11/25/2016, 81 FR Except (a), (b),
Fees. 85160. (c), and (i).
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 5. Minor Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.502.................. Minor Permits for Air 8/20/2016 8/28/2017, 82 FR
Quality Protection. 40712.
18 AAC 50.508.................. Minor Permits Requested 12/9/2010 9/19/2014, 79 FR
by the Owner or 56268.
Operator.
18 AAC 50.510.................. Minor Permit--Title V 12/9/2010 9/19/2014, 79 FR
Permit Interface. 56268.
18 AAC 50.540.................. Minor Permit: 8/20/2016 8/28/2017, 82 FR
Application. 40712.
18 AAC 50.542.................. Minor Permit: Review 8/20/2016 8/28/2017, 82 FR Except (b)(2).
and Issuance. 40712.
18 AAC 50.544.................. Minor Permits: Content. 12/9/2010 9/19/2014, 79 FR
56268.
18 AAC 50.546.................. Minor Permits: 7/15/2008 9/19/2014, 79 FR Except (b).
Revisions. 56268.
18 AAC 50.560.................. General Minor Permits.. 10/1/2004 8/14/2007, 72 FR
45378.
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 7. Transportation Conformity
----------------------------------------------------------------------------------------------------------------
18 AAC 50.700.................. Purpose................ 4/17/2015 9/8/2015; 80 FR
53735.
18 AAC 50.705.................. Applicability.......... 4/17/2015 9/8/2015; 80 FR
53735.
18 AAC 50.712.................. Agency Responsibilities 4/17/2015 9/8/2015; 80 FR
53735.
18 AAC 50.715.................. Interagency 3/2/2016 8/28/2017, 82 FR
Consultation 40712.
Procedures.
18 AAC 50.720.................. Public Involvement..... 3/2/2016 8/28/2017, 82 FR
40712.
18 AAC 50.740.................. Written Comments....... 4/17/2015 9/8/2015, 80 FR
53735.
18 AAC 50.745.................. Resolving Conflicts.... 4/17/2015 9/8/2015, 80 FR
53735.
18 AAC 50.750.................. Exempt Projects........ 4/17/2015 9/8/2015, 80 FR
53735.
----------------------------------------------------------------------------------------------------------------
18 AAC 50--Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
18 AAC 50.900.................. Small Business 10/1/2004 8/14/2007, 72 FR
Assistance Program. 45378.
18 AAC 50.990.................. Definitions............ 3/2/2016 9/8/2017, 82 FR
42457.
----------------------------------------------------------------------------------------------------------------
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 52--Emissions Inspection and Maintenance
Requirements (18 AAC 52)
----------------------------------------------------------------------------------------------------------------
18 AAC 52--Article 1. Emissions Inspection and Maintenance Requirements
----------------------------------------------------------------------------------------------------------------
18 AAC 52.005.................. Applicability and 5/17/2008 3/22/2010, 75 FR
General Requirements. 13436.
18 AAC 52.007.................. Suspension and 5/17/2008 3/22/2010, 75 FR
Reestablishment of I/M 13436.
Requirements.
18 AAC 52.010.................. I/M Program 2/18/2006 3/22/2010, 75 FR
Administration Office. 13436.
[[Page 113]]
18 AAC 52.015.................. Motor Vehicle 2/18/2006 3/22/2010, 75 FR
Maintenance 13436.
Requirements.
18 AAC 52.020.................. Certificate of 2/18/2006 3/22/2010, 75 FR
Inspection 13436.
Requirements.
18 AAC 52.025.................. Visual Identification 2/18/2006 3/22/2010, 75 FR
of Certificate of 13436.
Inspection, Waivers,
and Exempt Vehicles.
18 AAC 52.030.................. Department-Administered 2/1/1994 4/5/1995, 60 FR
I/M Program. 17232.
18 AAC 52.035.................. I/M Program 3/27/2002 3/22/2010, 75 FR
Administered by an 13436.
Implementing Agency.
18 AAC 52.037.................. Reporting Requirements 2/18/2006 3/22/2010, 75 FR
for an I/M Program 13436.
Administered by an
Implementing Agency.
18 AAC 52.040.................. Centralized Inspection 2/1/1994 4/5/1995, 60 FR
Program. 17232.
18 AAC 52.045.................. Decentralized 2/1/1994 4/5/1995, 60 FR
Inspection Program. 17232.
18 AAC 52.050.................. Emissions Standards.... 3/27/2002 3/22/2010, 75 FR
13436.
18 AAC 52.055.................. Alternative 1/1/2000 1/8/2002, 67 FR
Requirements, 822.
Standards and Test
Procedures.
18 AAC 52.060.................. Waivers................ 5/17/2008 3/22/2010, 75 FR
13436.
18 AAC 52.065.................. Emissions-Related 1/1/2000 1/8/2002, 67 FR
Repair Cost Minimum. 822.
18 AAC 52.070.................. Referee Facility....... 3/27/2002 3/22/2010, 75 FR
13436.
18 AAC 52.075.................. Kit Cars and Custom- 2/1/1994 4/5/1995, 60 FR
Manufactured Vehicles. 17232.
18 AAC 52.080.................. Grey Market Vehicles... 3/27/2002 3/22/2010, 75 FR
13436.
18 AAC 52.085.................. Vehicle Modifications.. 2/18/2006 3/22/2010, 75 FR
13436.
18 AAC 52.090.................. Repair of Nonconforming 1/1/1998 12/29/1999, 64 FR
Vehicles. 72940.
18 AAC 52.095.................. Minimum Certification 1/1/1998 12/29/1999, 64 FR
Requirements. 72940.
18 AAC 52.100.................. Enforcement Procedures 12/14/2006 3/22/2010, 75 FR
for Violations by 13436.
Motorists.
18 AAC 52.105.................. Enforcement Procedures 1/1/2000 1/8/2002, 67 FR
for Violations by 822.
Certified Mechanics or
Stations.
----------------------------------------------------------------------------------------------------------------
18 AAC 52--Article 4. Certification Requirements
----------------------------------------------------------------------------------------------------------------
18 AAC 52.400.................. Mechanic Certification. 1/1/1998 12/29/1999, 64 FR
72940.
18 AAC 52.405.................. Certified Mechanic 3/27/2002 3/22/2010, 75 FR
Examinations. 13436.
18 AAC 52.410.................. Training Course 2/18/2006 3/22/2010, 75 FR
Certification. 13436.
18 AAC 52.415.................. I/M Station 1/1/2000 1/8/2002, 67 FR
Certification. 822.
18 AAC 52.420.................. Equipment Certification 1/1/2000 1/8/2002, 67 FR
822.
18 AAC 52.425.................. Renewal of 1/1/1998 12/29/1999, 64 FR
Certification. 72940.
18 AAC 52.430.................. Duty to Report Change 2/1/1994 4/5/1995, 60 FR
in Status. 17232.
18 AAC 52.440.................. Monitoring of Certified 1/1/2000 1/8/2002, 67 FR
Mechanics and Stations. 822.
18 AAC 52.445.................. Suspension or 2/1/1994 4/5/1995, 60 FR
Revocation of 17232.
Certification.
----------------------------------------------------------------------------------------------------------------
18 AAC 52--Article 5. Certified Station Requirements
----------------------------------------------------------------------------------------------------------------
18 AAC 52.500.................. General Operating 1/1/2000 1/8/2002, 67 FR
Requirements. 822.
18 AAC 52.505.................. Display of Certified 2/1/1994 4/5/1995, 60 FR
Station Sign. 17232.
18 AAC 52.510.................. Display of Certificates 2/18/2006 3/22/2010, 75 FR
13436.
18 AAC 52.515.................. Inspection Charges..... 2/18/2006 3/22/2010, 75 FR
13436.
18 AAC 52.520.................. Required Tools and 2/18/2006 3/22/2010, 75 FR
Equipment. 13436.
18 AAC 52.525.................. Remote Station 1/1/2000 1/8/2002, 67 FR
Operation. 822.
18 AAC 52.527.................. Prescreening Prohibited 1/1/2000 1/8/2002, 67 FR
822.
18 AAC 52.530.................. Preliminary Inspection. 1/1/2000 1/8/2002, 67 FR
822.
18 AAC 52.535.................. Test Abort Conditions.. 3/27/2002 3/22/2010, 75 FR
13436.
18 AAC 52.540.................. Official I/M Testing... 3/27/2002 3/22/2010, 75 FR
13436.
18 AAC 52.545.................. Parts on Order......... 1/1/1998 12/29/1999, 64 FR
72940.
18 AAC 52.546.................. Unavailable Parts...... 1/1/1998 12/29/1999, 64 FR
72940.
18 AAC 52.550.................. Recordkeeping 2/1/1994 4/5/1995, 60 FR
Requirements. 17232.
----------------------------------------------------------------------------------------------------------------
18 AAC 52--Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
18 AAC 52.990.................. Definitions............ 2/18/2006 3/22/2010, 75 FR
13436.
----------------------------------------------------------------------------------------------------------------
[[Page 114]]
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 53--Fuel Requirements for Motor Vehicles
(18 AAC 53)
----------------------------------------------------------------------------------------------------------------
18 AAC 53--Article 1. Oxygenated Gasoline Requirements
----------------------------------------------------------------------------------------------------------------
18 AAC 53.005.................. Purpose and 10/31/1997 12/29/1999, 64 FR
Applicability; General 72940.
Requirements.
18 AAC 53.007.................. Dispenser Labeling..... 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.010.................. Control Periods and 2/20/2004 6/23/2004, 69 FR
Control Areas. 34935.
18 AAC 53.020.................. Required Oxygen Content 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.030.................. Sampling, Testing and 10/31/1997 12/29/1999, 64 FR
Oxygen Content 72940.
Calculations.
18 AAC 53.035.................. Per Gallon Method of 10/31/1997 12/29/1999, 64 FR
Compliance. 72940.
18 AAC 53.040.................. Averaging Oxygen 10/31/1997 12/29/1999, 64 FR
Content Method of 72940.
Compliance.
18 AAC 53.045.................. Oxygen Credits and 10/31/1997 12/29/1999, 64 FR
Debits. 72940.
18 AAC 53.060.................. Oxygenated Gasoline 10/31/1997 12/29/1999, 64 FR
Blending. 72940.
18 AAC 53.070.................. Registration and Permit 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.080.................. Car Fees............... 12/30/2000 1/08/2002, 67 FR
822.
18 AAC 53.090.................. Recordkeeping.......... 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.100.................. Reporting.............. 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.105.................. Product Transfer 10/31/1997 12/29/1999, 64 FR
Document. 72940.
18 AAC 53.120.................. Inspection and Sampling 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.130.................. Liability for Violation 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.140.................. Defenses for Violation. 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.150.................. Temporary Variances.... 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.160.................. Quality Assurance 10/31/1997 12/29/1999, 64 FR
Program. 72940.
18 AAC 53.170.................. Attest Engagements..... 10/31/1997 12/29/1999, 64 FR
72940.
18 AAC 53.190.................. Suspension and 2/20/2004 6/23/2004, 69 FR
Reestablishment of 34935.
Control Period.
----------------------------------------------------------------------------------------------------------------
18 AAC 53--Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
18 AAC 53.990.................. Definitions............ 10/31/1997 12/29/1999, 64 FR
72940.
----------------------------------------------------------------------------------------------------------------
Alaska Statutes
----------------------------------------------------------------------------------------------------------------
Title 45 Trade and Commerce, Chapter 45.45. Trade Practices
----------------------------------------------------------------------------------------------------------------
Sec. 45.45.400................. Prohibited Transfer of 6/25/1993 11/18/1998, 63 FR Except (b).
Used Cars. 63983.
----------------------------------------------------------------------------------------------------------------
Title 46 Water, Air, Energy, and Environmental Conservation, Chapter 46.14--Air Quality Control
----------------------------------------------------------------------------------------------------------------
Sec. 46.14.550................. Responsibilities of 1/4/2013 9/19/2014, 79 FR
Owner and Operator; 56268.
Agent for Service.
Sec. 46.14.560................. Unavoidable 6/25/1993 11/18/1998, 63 FR
Malfunctions and 63983.
Emergencies.
Sec. 46.14.990................. Definitions............ 1/4/2013 9/19/2014, 79 FR Except (1) through
56268. (3), (6), (7),
(9) through (14),
(19) through
(26), and (28).
----------------------------------------------------------------------------------------------------------------
City and Borough Codes and Ordinances
----------------------------------------------------------------------------------------------------------------
Anchorage Municipal Code Improvement 1/16/1987 8/13/1993, 58 FR Eagle River PM
21.85.030. Requirements by (city 43084. Plan--Contingency
Improvement Area. effective Plan.
date)
Anchorage Municipal Code Paving................. 9/24/1991 8/13/1993, 58 FR Section W.7. Eagle
21.45.080.W.7. (city 43084. River PM Plan--
effective Contingency Plan.
date)
Fairbanks North Star Borough Mandating a Fairbanks 4/12/2001 2/4/2002, 67 FR Fairbanks
Ordinance No. 2001-17. North Star Borough (borough 5064. Transportation
Motor Vehicle Plug-in adoption date) Control Program--
Program. Carbon Monoxide.
Fairbanks North Star Borough An Ordinance amending 10/30/2003 7/27/2004, 69 FR Fairbanks Carbon
Ordinance No. 2003-71. the Carbon Monoxide (borough 44601. Monoxide
Emergency Episode adoption date) Maintenance Plan.
Prevention Plan
including implementing
a Woodstove Control
Ordinance.
[[Page 115]]
Ordinance of the City and An Ordinance amending 1/6/1992 (city 3/24/1994, 59 FR Mendenhall Valley
Borough of Juneau, No. 91-52. the Wood smoke control adoption date) 13884. PM Plan.
code to lower the
particulate count
threshold, and to
prohibit the burning
in woodstoves of
substances other than
paper, cardboard and
untreated wood.
Ordinance of the City and An Ordinance amending 1/6/1992 (city 3/24/1994, 59 FR Mendenhall Valley
Borough of Juneau, No. 91-53. the wood smoke control adoption date) 13884. PM Plan.
fine schedule to
increase the fines for
violations of the wood
smoke control code.
Ordinance of the City and Setting boundaries for 2/8/1993 (city 3/24/1994, 59 FR Mendenhall Valley
Borough of Juneau No. 93-01. regrading and adoption date) 13884. PM Plan.
surfacing.
Ordinance of the City and Setting boundaries for 4/5/1993 (city 3/24/1994, 59 FR Mendenhall Valley
Borough of Juneau, No. 93-06. regrading and adoption date) 13884. PM Plan.
surfacing.
Ordinance of the City and An Ordinance creating 11/17/1993 3/24/1994, 59 FR Mendenhall Valley
Borough of Juneau, No. 93-39am. Local Improvement (city adoption 13884. PM Plan.
District No. 77 of the date)
City and Borough,
setting boundaries for
drainage and paving of
streets in the
Mendenhall Valley.
Anchorage Ordinance 2006-13.... An ordinance amending 2/14/2006 3/22/2010, 75 FR Anchorage
the Anchorage (city approval 13436. Transportation
Municipal Code, date) Control Program--
Chapters 15.80 and Carbon Monoxide.
15.85 to comply with
State I/M regulations
and to comply with DMV
Electronic Procedures.
Ordinance of the City and An Ordinance Amending 9/8/2008 (city 5/9/2013, 78 FR Mendenhall Valley
Borough of Juneau, Serial No. the Woodsmoke Control adoption date) 27071. PM Limited
2008-28. Program Regarding Maintenance Plan.
Solid Fuel-Fired
Burning Devices.
----------------------------------------------------------------------------------------------------------------
Fairbanks North Star Borough Code
----------------------------------------------------------------------------------------------------------------
Chapter 21.28--PM 2.5 Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
21.28.010...................... Definitions............ 3/2/2015 9/8/2017, 82 FR
(borough 42457.
effective
date)
21.28.020...................... Borough listed 1/15/2016 9/8/2017, 82 FR
appliances. (borough 42457.
effective
date)
21.28.030...................... Prohibited acts........ 10/1/2016 9/8/2017, 82 FR except H and J.
(borough 42457.
effective
date)
21.28.050...................... Forecasting exceedances 6/26/2015 9/8/2017, 82 FR
and restrictions in (borough 42457.
the air quality effective
control zone during an date)
alert.
21.28.060...................... No other adequate 8/12/2016 9/8/2017, 82 FR ..................
source of heat (borough 42457.
determination. effective
date)
----------------------------------------------------------------------------------------------------------------
(d) EPA approved state source-specific requirements.
EPA-Approved Alaska Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Order/permit number date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
None...........................
----------------------------------------------------------------------------------------------------------------
(e) EPA approved nonregulatory provisions and quasi-regulatory
measures.
[[Page 116]]
EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Explanations
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions
----------------------------------------------------------------------------------------------------------------
Section I. Background
----------------------------------------------------------------------------------------------------------------
II.I.A. Introduction............. Statewide.......... 1/8/1997 12/29/1999, 64 FR
72940.
II.I.B. Air Quality Control Statewide.......... 1/8/1997 12/29/1999, 64 FR
Regions. 72940.
II.I.C. Attainment/nonattainment Statewide.......... 1/8/1997 12/29/1999, 64 FR
Designations. 72940.
II.I.D. Prevention of Significant Statewide.......... 1/8/1997 12/29/1999, 64 FR
Deterioration Designations. 72940.
II.I.E. New Source Review........ Statewide.......... 1/8/1997 12/29/1999, 64 FR
72940.
----------------------------------------------------------------------------------------------------------------
Section II. State Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
II.II. State Air Quality Control Statewide.......... 7/9/2012 10/22/2012, 77 FR
Program. 64425.
----------------------------------------------------------------------------------------------------------------
Section III. Areawide Pollutant Control Program
----------------------------------------------------------------------------------------------------------------
II.III.A. Statewide Carbon Statewide.......... 6/5/2008 3/22/2010, 75 FR
Monoxide Control Program. 13436.
II.III.B. Anchorage Anchorage.......... 1/4/2002 9/18/2002, 67 FR
Transportation Control Program. 58711.
II.III.B.11. Anchorage Carbon Anchorage.......... 9/20/2011 3/3/2014, 79 FR
Monoxide Maintenance Plan. 11707.
II.III.B.12. Anchorage Second 10- Anchorage.......... 4/22/2013 3/3/2014, 79 FR
year Carbon Monoxide Limited 11707.
Maintenance Plan.
II.III.C. Fairbanks Fairbanks.......... 8/30/2001 2/4/2002, 67 FR
Transportation Control Program. 5064.
II.III.C.11. Fairbanks Carbon Fairbanks.......... 9/15/2009 3/22/2010, 75 FR
Monoxide Redesignation and 13436.
Maintenance Plan.
II.III.C.12. Fairbanks Second 10- Fairbanks.......... 4/22/2013 8/9/2013, 78 FR
year Carbon Monoxide Limited 48611.
Maintenance Plan.
II.III.D. Particulate Matter..... Statewide.......... 10/15/1991 8/13/1993, 58 FR
43084.
II.III.D.2. Eagle River PM10 Eagle River........ 10/15/1991 8/13/1993, 58 FR
Control Plan. 43084.
II.III.D.2.a. Eagle River PM10 Eagle River........ 9/29/2010 1/7/2013, 78 FR 900
Limited Maintenance Plan.
II.III.D.3. Mendenhall Valley Mendenhall Valley.. 6/22/1993 3/24/1994, 59 FR
PM10 Control Plan. 13884.
II.III.D.3.a. Mendenhall Valley Mendenhall Valley.. 5/14/2009 5/9/2013, 78 FR
PM10 Limited Maintenance Plan. 27071.
II.III.D.4. Interstate Transport Statewide.......... 2/7/2008 10/15/2008, 73 FR
of Particulate Matter. 60957.
II.III.D.5. Fairbanks North Star Fairbanks North 11/23/2016 9/8/2017, 82 FR Fairbanks North
Borough PM2.5 Control Plan. Star Borough. 42457. Star Borough PM2.5
Moderate Area
Plan.
II.III.E. Ice Fog................ Statewide.......... 1/18/1980 7/5/1983, 48 FR
30623.
II.III.F. Open Burning........... Statewide.......... 4/4/2011 2/14/2013, 78 FR
10546.
II.III.F.1. In Situ Burning Statewide.......... 4/4/2011 2/14/2013, 78 FR Revision 1, August
Guidelines for Alaska. 10546. 2008.
II.III.G. Wood Smoke Pollution Statewide.......... 11/15/1983 4/24/1984, 49 FR
Control. 17497.
II.III.H. Lead Pollution Control. Statewide.......... 11/15/1983 1/3/1984, 49 FR 67.
II.III.I. Transportation Statewide.......... 4/17/2015 9/8/2015, 80 FR
Conformity. 53735.
II.III.I.1. Transportation Statewide.......... 7/29/2015 9/8/2015, 80 FR Clarification re:
Conformity Supplement. 53735. access to public
records: AS
40.25.110, AS
40.25.115, and 2
AAC 96.
II.III.J. General Conformity..... Statewide.......... 12/05/1994 9/27/1995, 60 FR
49765.
II.III.K. Area Wide Pollutant Statewide.......... 3/10/2016 4/12/2018, 83 FR
Control Program for Regional 15746.
Haze.
----------------------------------------------------------------------------------------------------------------
Section IV. Point Source Control Program
----------------------------------------------------------------------------------------------------------------
II.IV.A. Summary................. Statewide.......... 11/15/1983 4/24/1984, 49 FR
17497.
[[Page 117]]
II.IV.B. State Air Quality Statewide.......... 11/15/1983 4/24/1984, 49 FR
Regulations. 17497.
II.IV.C. Local Programs.......... Statewide.......... 11/15/1983 4/24/1984, 49 FR
17497.
II.IV.D. Description of Source Statewide.......... 11/15/1983 4/24/1984, 49 FR
Categories and Pollutants. 17497.
II.IV.E. Point Source Control.... Statewide.......... 11/15/1983 4/24/1984, 49 FR
17497.
II.IV.F. Facility Review Statewide.......... 9/12/1988 7/31/1989, 54 FR
Procedures. 31522.
II.IV.G. Application Review and Statewide.......... 11/15/1983 4/24/1984, 49 FR
Permit Development. 17497.
II.IV.H. Permit Issuance Statewide.......... 11/15/1983 4/24/1984, 49 FR
Requirements. 17497.
----------------------------------------------------------------------------------------------------------------
Section V. Ambient Air Monitoring
----------------------------------------------------------------------------------------------------------------
II.V.A. Purpose.................. Statewide.......... 1/18/1980 4/15/1981, 46 FR
21994.
II.V.B. Completed Air Monitoring Statewide.......... 1/18/1980 4/15/1981, 46 FR
Projects. 21994.
II.V.C. Air Monitoring Network... Statewide.......... 1/18/1980; 4/15/1981, 46 FR
7/11/1994 21994; 4/5/1995,
60 FR 17237.
II.V.E. Annual Review............ Statewide.......... 1/18/1980 4/15/1981, 46 FR
21994.
----------------------------------------------------------------------------------------------------------------
State of Alaska Air Quality Control Plan: Volume III. Appendices
----------------------------------------------------------------------------------------------------------------
Section II. State Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
III.II.A. State Air Statutes..... Statewide.......... 12/11/2006 3/22/2010, 75 FR Except 46.03.170.
13436.
III.II.A.1. State Attorney Statewide.......... 12/11/2006 3/22/2010, 75 FR
General Opinions on Legal 13436.
Authority.
III.II.B. Municipality of Anchorage.......... 4/22/2013 3/3/2014, 79 FR
Anchorage and ADEC Agreements. 11707.
III.II.C. Fairbanks North Star Fairbanks.......... 12/11/2006 3/22/2010, 75 FR
Borough and ADEC Agreements. 13436.
III.II.D. CAA Section 110 Statewide.......... 3/10/2016 11/27/2018, 83 FR
Infrastructure Certification 60769.
Documentation and Supporting
Documents.
III.II.D.1. Attachment 1--Public Statewide.......... 7/9/2012 10/22/2012, 77 FR Approves for
Official Financial Disclosure (2 64425. purposes of CAA
AAC 50.010 through 2 AAC 50.200). section 128.
III.II.D.2. Attachment 2-- Statewide.......... 7/9/2012 10/22/2012, 77 FR Approves for
Executive Branch Code of Ethics 64425. purposes of CAA
(9 AAC 52.010 through 9 AAC section 128.
52.990).
----------------------------------------------------------------------------------------------------------------
Section III. Areawide Pollutant Control Program
----------------------------------------------------------------------------------------------------------------
III.III.A. I/M Program Manual.... Statewide.......... 6/5/2008 3/22/2010, 75 FR
13436.
III.III.B. Municipality of Anchorage.......... 4/22/2013 3/3/2014, 79 FR
Anchorage. 11707.
III.III.C. Fairbanks............. Fairbanks.......... 4/22/2013 8/9/2013, 78 FR
48611.
III.III.D. Particulate Matter.... Statewide.......... 10/15/1991 8/13/1993, 58 FR
43084.
III.III.D.2. Eagle River PM10 Eagle River........ 9/29/2010 1/7/2013, 78 FR 900
Control Plan.
III.III.D.3. Control Plan for the Mendenhall Valley.. 5/14/2009 5/9/2013, 78 FR
Mendenhall Valley of Juneau. 27071.
III.III.D.5. Fairbanks North Star Fairbanks North 11/23/2016 9/8/2017, 82 FR Only with respect
Borough PM2.5 Control Plan. Star Borough. 42457. to the Fairbanks
North Star Borough
PM2.5 Moderate
Area Plan.
III.III.G. Ordinance of the City Juneau............. 11/15/1983 4/24/1984, 49 FR
and Borough of Juneau. 17497.
III.III.H. Support Documents for Statewide.......... 11/15/1983 1/3/1984, 49 FR 67.
Lead Plan.
II.III.K. Area Wide Pollutant Statewide.......... 3/10/2016 4/12/2018, 83 FR
Control Program for Regional 15746.
Haze.
----------------------------------------------------------------------------------------------------------------
Section IV. Point Source Control Program
----------------------------------------------------------------------------------------------------------------
III.IV. Point Source Control Statewide.......... 11/15/1983 4/24/1984, 49 FR
Program. 17497.
III.IV.1. PSD Area Classification Statewide.......... 11/15/1983 4/24/1984, 49 FR
and Reclassification. 17497.
III.IV.2. Compliance Assurance... Statewide.......... 11/15/1983 4/24/1984, 49 FR
17497.
[[Page 118]]
III.IV.3. Testing Procedures..... Statewide.......... 11/15/1983 4/24/1984, 49 FR
17497.
----------------------------------------------------------------------------------------------------------------
Section V. Ambient Air Monitoring
----------------------------------------------------------------------------------------------------------------
III.V. Ambient Air Monitoring.... Statewide.......... 11/15/1983 4/24/1984, 49 FR
17497.
----------------------------------------------------------------------------------------------------------------
Section VI. Small Business Assistance Program
----------------------------------------------------------------------------------------------------------------
III.VI. Small Business Assistance Statewide.......... 4/18/1994 9/5/1995, 60 FR
Program. 46024.
----------------------------------------------------------------------------------------------------------------
Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
Interstate Transport Statewide.......... 2/7/2008 10/15/2008, 73 FR Approves SIP for
Requirements--1997 Ozone and 60957. purposes of CAA
1997 PM2.5 NAAQS. section
110(a)(2)(D)(i)
for the 1997 Ozone
and 1997 PM2.5
NAAQS.
Infrastructure Requirements--1997 Statewide.......... 7/9/2012 10/22/2012, 77 FR Approves SIP for
Ozone NAAQS. 64425. purposes of CAA
sections
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H),
(J), (K), (L), and
(M) for the 1997
Ozone NAAQS.
Interstate Transport Statewide.......... 3/29/2011 8/4/2014, 79 FR Approves SIP for
Requirements--2008 Ozone and 45103. purposes of CAA
2006 PM2.5 NAAQS. section
110(a)(2)(D)(i)(I)
for the 2008 Ozone
and 2006 PM2.5
NAAQS.
Interstate Transport Statewide.......... 7/9/2012 8/4/2014, 79 FR Approves SIP for
Requirements--2008 Lead NAAQS. 45103. purposes of CAA
section
110(a)(2)(D)(i)(I)
for the 2008 Lead
NAAQS.
Infrastructure Requirements--1997 Statewide.......... 7/9/2012 11/10/2014, 79 FR Approves SIP for
PM2.5 NAAQS. 66651. purposes of CAA
section
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (H), (J),
(K), (L), and (M)
for the 1997 PM2.5
NAAQS.
Infrastructure Requirements--2006 Statewide.......... 7/9/2012, 11/10/2014, 79 FR Approves SIP for
PM2.5 NAAQS. 3/29/2011 66651. purposes of CAA
section
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(H), (J), (K),
(L), and (M) for
the 2006 PM2.5
NAAQS.
Infrastructure Requirements--2008 Statewide.......... 7/9/2012, 11/10/2014, 79 FR Approves SIP for
Ozone NAAQS. 3/29/2011 66651. purposes of CAA
section
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J),
(K), (L), and (M)
for the 2008 Ozone
NAAQS.
Infrastructure Requirements--2010 Statewide.......... 5/12/2015 5/12/2017, 82 FR Approves SIP for
NO2 NAAQS. 22081. purposes of CAA
section
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J),
(K), (L), and (M)
for the 2010 NO2
NAAQS.
Infrastructure Requirements--2010 Statewide.......... 5/12/2015 5/12/2017, 82 FR Approves SIP for
SO2 NAAQS. 22081. purposes of CAA
section
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J),
(K), (L), and (M)
for the 2010 SO2
NAAQS.
[[Page 119]]
Infrastructure Requirements--2012 Statewide.......... 3/10/2016 11/27/2018, 83 FR Approves SIP for
PM2.5 NAAQS. 60769. purposes of CAA
sections
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(H), (J), (K),
(L), and (M) for
the 2012 PM2.5
NAAQS.
Infrastructure Requirements-- Statewide.......... 3/10/2016 11/27/2018, 83 FR Approves SIP for
1997, 2006, and 2012 PM2.5 NAAQS. 60769. purposes of CAA
sections
110(a)(2)(G) for
the 1997, 2006,
and 2012 PM2.5
NAAQS.
Interstate Transport Statewide.......... 3/10/2016 6/27/2018, 83 FR Approves SIP for
Requirements--2012 PM2.5 NAAQS. 30048. purposes of CAA
section
110(a)(2)(D)(i)(I)
for the 2012 PM2.5
NAAQS.
Interstate Transport Statewide.......... 3/10/2016 6/25/2018, 83 FR Approves SIP for
Requirements--2010 NO2 and 2010 29449. purposes of CAA
SO2 NAAQS. section
110(a)(2)(D)(i)(I)
for the 2010 NO2
and 2010 SO2
NAAQS.
----------------------------------------------------------------------------------------------------------------
Regulations Approved but not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
18 AAC 50.076(g)(11) Solid Fuel- Statewide.......... 11/26/2016 9/8/2017, 82 FR
fired Heating Device Fuel 42457.
Requirements; Registration of
Commercial Wood Sellers.
21.28.030.J Prohibited Acts. Fairbanks North 10/1/2016 9/8/2017, 82 FR FNSB Code Chapter
Penalties. Star Borough. (borough 42457. 21.28 PM2.5 Air
effective Quality Control
date) Program.
21.28.040 Enhanced voluntary Fairbanks North 1/15/2016 9/8/2017, 82 FR FNSB Code Chapter
removal, replacement and repair Star Borough. (borough 42457. 21.28 PM2.5 Air
program. effective Quality Control
date) Program.
21.28.070 Voluntary burn Fairbanks North 4/24/2015 9/8/2017, 82 FR FNSB Code Chapter
cessation program. Star Borough. (borough 42457. 21.28 PM2.5 Air
effective Quality Control
date) Program.
----------------------------------------------------------------------------------------------------------------
[79 FR 19822, Apr. 10, 2014, as amended at 79 FR 56272, Sept. 19, 2014;
79 FR 45104, Aug. 4, 2014; 79 FR 66653, Nov. 10, 2014; 80 FR 833, Jan.
7, 2015; 80 FR 30162, May 27, 2015; 80 FR 53738, Sept. 8, 2015; 81 FR
31512, May 19, 2016; 81 FR 85162, Nov. 25, 2016; 82 FR 22083, May 12,
2017; 82 FR 37308, Aug. 10, 2017; 82 FR 40713, Aug. 28, 2017; 82 FR
42471, Sept. 8, 2017; 82 FR 57838, Dec. 8, 2017; 83 FR 15747, Apr. 12,
2018; 83 FR 29450, June 25, 2018; 83 FR 30049, June 27, 2018; 83 FR
60773, Nov. 27, 2018]
Effective Date Note: At 84 FR 26021, June 5, 2019, Sec. 52.70 was
amended in paragraph (c) by revising entry 18 AAC 50.075 and in
paragraph (e) by adding, at the end of the table, an undesignated
heading entitled ``Recently-Approved Plans'' and entries
``II.III.D.5.11'' and ``III.III.D.5.12'', effective July 5, 2019. For
the convenience of the user, the added and revised text is set forth as
follows:
Sec. 52.70 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50--Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------
[[Page 120]]
* * * * * * *
18 AAC 50.075.................... Solid Fuel-fired 1/12/2018 6/5/2019, 84 FR Except (d)(2) and
Heating Device 26019. (f).
Visible Emission
Standards.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Explanations
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Recently--Approved Plans
----------------------------------------------------------------------------------------------------------------
II.III.D.5.11 Fairbanks Emergency Fairbanks North 11/28/2018 6/5/2019, 84 FR Revision to
Episode Plan. Star Borough. 26019. II.III.D.5.
----------------------------------------------------------------------------------------------------------------
III.III.D.5.12 Appendix to Volume Fairbanks North 11/28/2018 6/5/2019, 84 FR Revision to pages
II. Section III.D.5. Star Borough. 26019. 68 through 84 of
III.III.D.5.
----------------------------------------------------------------------------------------------------------------
Sec. 52.71 Classification of regions.
The Alaska plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control Region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Cook Inlet Intrastate..................................... I III III I III.
Northern Alaska Intrastate................................ I III III I III.
South Central Alaska Intrastate........................... III III III III III.
Southeastern Alaska Intrastate............................ III III III III III.
----------------------------------------------------------------------------------------------------------------
[37 FR 10848, May 31, 1972, as amended at 48 FR 30625, July 5, 1983]
Sec. 52.72 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Alaska's plan for the attainment and maintenance of the
national standards. The State included in the plan a regulation
prohibiting idling of unattended motor vehicles. However, the plan
stated that this regulation was included for informational purposes
only, and was not to be considered part of the control strategy to
implement the national standards for carbon monoxide. Accordingly, this
regulation is not considered a part of the applicable plan.
[37 FR 15080, July 27, 1972]
Sec. 52.73 Approval of plans.
(a) Carbon monoxide.
(1) Anchorage.
(i) EPA approves as a revision to the Alaska State Implementation
Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Section
III.B of the State Air Quality Control Plan,
[[Page 121]]
adopted January 2, 2004, effective February 20, 2004 and Volume III of
the Appendices adopted January 2, 2004, effective February 20, 2004)
submitted by the Alaska Department of Environmental Conservation on
February 18, 2004.
(ii) EPA approves as a revision to the Alaska State Implementation
Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Sections
II, III.A and III.B of the State Air Quality Control Plan adopted August
20, 2010, effective October 29, 2010, and Volume III of the Appendices
adopted August 20, 2010, effective October 29, 2010) submitted by the
Alaska Department of Environmental Conservation on September 29, 2010.
(iii) The EPA approves the following revised sections of the
Anchorage Transportation Control Program, Anchorage CO Maintenance Plan
(Volume II, Section III.B) of the Alaska SIP Submittal adopted July 13,
2011, and submitted on September 20, 2011: Planning Process (Section
III.B.1), Maintenance Area Boundary (Section III.B.2), Nature of the CO
Problem--Causes and Trends (Section III.B.3), Transportation Control
Strategies (Section III.B.5), Modeling and Projections (Section
III.B.6), Contingency Plan (Section III.B.7), Anchorage Emergency
Episode Plan (Section III.B.8), Assurance of Adequacy (Section III.B.9)
and Redesignation Request (Section III.B.11). The EPA also approves the
following revised sections of the Appendices (Volume III): Anchorage
Assembly Resolution No. 2011-133 (Appendix III.B.1), Anchorage 2007
Carbon Monoxide Emission Inventory and 2007-2023 Emission Projections
(Appendix III.B.3), Analysis of Probability of Complying with the
National Ambient Air Quality Standard for Carbon Monoxide in Anchorage
between 2007 and 2023 (Appendix III.B.6) and Affidavit of Oral Hearing
(Appendix III.B.10).
(iv) The EPA approves the following revised sections of the
Anchorage Transportation Control Program, Anchorage CO Limited
Maintenance Plan (Volume II, Section III.B), of the Alaska SIP Submittal
adopted February 22, 2013, and submitted on April 22, 2013: Carbon
Monoxide Monitoring Program (Section III.B.4) Air Quality Conformity
Procedures (Section III.B.10), Limited Maintenance Plan for 2014-2024
(Section III.B.12). In this action, the EPA also approves the following
revised sections of the Appendices (Volume III): Anchorage Assembly
Resolution No. 2013-20 (Appendix III.B.1) and Affidavit of Oral Hearing
(Appendix III.B.10).
(2) Fairbanks.
(i) EPA approves as a revision to the Alaska State Implementation
Plan, the Fairbanks Carbon Monoxide Maintenance Plan (Volume II.C of the
State Air Quality Control Plan, adopted April 27, 2004 and Volume III.C
of the Appendices adopted April 27, 2004, effective June 24, 2004)
submitted by the Alaska Department of Environmental Conservation on June
21, 2004.
(ii) The EPA approves as a revision to the Alaska State
Implementation Plan, the Fairbanks Carbon Monoxide Limited Maintenance
Plan (Volume II, Section III.C.12 of the State Air Quality Control Plan,
adopted February 22, 2013) submitted by the Alaska Department of
Environmental Conservation on April 22, 2013. In this action, the EPA is
also approving the following revised sections of the Fairbanks
Transportation Control Program (Volume II, Section III.C): Air Quality
Emissions Data (Section III.C.3), Carbon Monoxide Network Monitoring
Program (Section III.C.4), Modeling and Projections (Section III.C.6),
and Air Quality Conformity Procedures (Section III.C.10); and the
following revised sections of the Appendices to Volume II of the
Fairbanks Transportation Control Program (Volume III): Section III.C.1
and Section III.C.10, all of which were included in the April 22, 2013
SIP submittal.
(b) Lead. [Reserved]
(c) Nitrogen dioxide. [Reserved]
(d) Ozone. [Reserved]
(e) Particulate matter. (1) Mendenhall Valley. (i) The EPA approves
as a revision to the Alaska State Implementation Plan, the Mendenhall
Valley PM10 Limited Maintenance Plan (Volume II, Section
III.D.3 of the State Air Quality Control Plan, and Volume III.D.3.5,
Volume III.D.3.8, and Volume III.D.3.9 of the Appendices (to Volume II,
section III.D.3)) adopted February 20, 2009,
[[Page 122]]
and submitted by the Alaska Department of Environmental Conservation to
the EPA on May 14, 2009.
(ii) [Reserved]
(f) Sulfur dioxide. [Reserved]
(g) Visibility protection. (1) EPA approves the Regional Haze SIP
revision submitted by the Alaska Department of Environmental
Conservation on April 4, 2011, as meeting the requirements of Clean Air
Act sections 169A and 169B, and Federal Regulations 40 CFR 51.308 to
implement a regional haze program in the State of Alaska for the first
planning period through July 31, 2018.
(2) [Reserved]
[67 FR 58712, Sept. 18, 2002, as amended at 69 FR 24936, June 23, 2004;
69 FR 44605, July 27, 2004; 77 FR 1417, Jan. 10, 2012; 78 FR 907, Jan.
7, 2013; 78 FR 10554, Feb. 14, 2013; 78 FR 27077, May 9, 2013; 78 FR
48615, Aug. 9, 2013; 79 FR 1171, Mar. 3, 2014]
Sec. 52.74 Original identification of plan section.
(a) This section identified the original ``Air Quality
Implementation Plan for the State of Alaska'' and all revisions
submitted by Alaska that were Federally-approved prior to March 4, 2014.
(b) The plan was officially submitted on April 25, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Modifications to the implementation plan including a revision to
Title 18, Chapter 50, section 160 and other nonregulatory provisions
submitted on June 22, 1972, by the Governor.
(2) Compliance schedules submitted on August 2, 1973, by the State
of Alaska Department of Environmental Conservation.
(3) Compliance schedules submitted on August 23, 1973, by the State
of Alaska Department of Environmental Conservation.
(4) Compliance schedules submitted on September 30, 1975, by the
State of Alaska Department of Environmental Conservation.
(5) Compliance schedules submitted on January 6, 1976, by the State
of Alaska Department of Environmental Conservation.
(6) Compliance schedules submitted on September 30, 1975, by the
State of Alaska Department of Environmental Conservation.
(7) Part D attainment plans for the Anchorage and Fairbanks carbon
monoxide nonattainment areas submitted by the Governor of Alaska on
January 18, 1980 as follows:
Volume II. Analysis of Problems, Control Actions
Section III. Areawide Pollutant Control Efforts, Subsection A.
Carbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks
Emergency Avoidance Plan)
Volume III. Appendices
III-1 A Review of Carbon Monoxide Emissions from Motor Vehicles during
Cold Temperature Operation
III-2 Cold Weather Related Strategy Support Development
III-3 Preliminary Assessment of Meteorological Conditions during Days of
Ambient Air Quality Violations in Anchorage
III-4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions
Inspection Program
III-5 Approach of Evaluating an Alaska I/M Program
III-6 Appendices to the Anchorage Air Quality Plan
III-7 Appendices to the Fairbanks Air Quality Plan
(8) On January 18, 1980, the State of Alaska Department of
Environmental Conservation submitted a plan revision to meet the
requirements of Air Quality Monitoring, 40 CFR part 58, subpart C, Sec.
58.20, as follows:
Volume II. Analysis of Problems, Control Actions
Section V. Ambient Air Monitoring
A. Purpose
C. Air Monitoring Network
E. Annual Review
(9) Provisions of a State Air Quality Control Plan submitted by the
Governor of Alaska on January 18, 1980, as follows:
Volume II. Analysis of Problems, Control Actions
Section I. Introduction
A. Summary
B. Air Quality Control Regions
C. Attainment/Nonattainment Designations
Section II. Alaskan Air Quality Control Programs
A. State Program
B. Local Programs
[[Page 123]]
C. Resource Needs
Section III. Areawide Pollutant Control Efforts
A. Carbon Monoxide, Subpart 1.c (Other areas)
B. Total Suspended Particulate Matter
C. Ice Fog
D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
A. Summary
B. Description of Source Categories and Pollutants
C. Summary of Major Emitting Sources
D. History of Alaskan Point Source Program
F. Local Program Enforcement
G. New Source Review and Approval
H. Compliance Assurance
I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
B. Description of Previous Air Monitoring Network
Volume III. Appendices
I-1 Summary of Public Hearings, Written Testimony, etc.
I-2 Recommendations for attainment/Nonattainment designations
II-1 Alaska Statutes, except section 46.03.170
II-2 Regulations of the Fairbanks North Star Borough, except section
8.04.070
II-3 Fairbanks North Star Borough/Alaska Department of Environmental
Conservation Agreement
II-4 Municipality of Anchorage/Alaska Department of Environmental
Conservation Agreement
II-5 Alaska State Department of Law Legal Opinion
IV-1 Summaries of Emission Inventories
IV-2 D. Permit to Operate for the Fairbanks Municipal Utilities System
IV-3 Testing Procedures
V-1 Air Quality Data
An amended Appendix II-5, ``Alaska State Department of Law Legal
Opinion'' submitted by the State of Alaska Department of Environmental
Conservation on February 29, 1980. Amendments to the January 18, 1980
submittal, submitted by the State of Alaska Department of Environmental
Conservation on September 29, 1982 as follows:
Volume II. Analysis of Problems, Control Actions
Section I. Introduction
C. Attainment/Nonattainment Designations
Section III. Areawide Pollutant Control Efforts
D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
C. Summary of Major Emitting Sources
D. History of Alaskan Point Source Program
F. Local Program Enforcement
G. New Source Review and Approval
H. Compliance Assurance
I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
C. Air Monitoring Network
E. Annual Review
Volume III. Appendices
IV-4 ADEC Ambient Analysis Procedures
(10) On November 15, 1983 the State of Alaska Department of
Environmental Conservation submitted a revision to add a lead strategy
to the Alaska Implementation Plan.
(11) Provisions of a State Air Quality Control Plan submitted by the
Alaska Department of Environmental Conservation on November 15, 1983, as
follows:
Volume II. Analysis of Problems, Control Actions
Section I. Background
A. Introduction
B. Air Quality Control Regions
C. Attainment/Nonattainment Designations
D. Prevention of Significant Deterioration Designations
Section II. State Air Quality Control Program
Section III. Areawide Pollutant Control Program
D. Total Suspended Particulate Matter
E. Ice Fog
F. Open Burning
G. Wood Smoke Pollution Control
Section IV. Point Source Control Program
A. Summary
1. Annual Review Report
B. State Air Quality Regulations
C. Local Programs
D. Description of Source Categories and Pollutants
1. Typical Point Sources
2. Summary of Major Emitting Facilities
E. Point Source Control
1. Introduction
F. Facility Review Procedures
1. Who needs a permit?
2. Standard Application Procedures
3. PSD Application Procedures, Preliminary report and meeting, Pre-
construction monitoring, PSD application format
4. Nonattainment Application Procedures
G. Application Review and Permit Development
1. Application Review
2. Permit Development Requirement, Monitoring and Testing
Requirements, Ambient Monitoring, Continuous Emissions Monitoring,
Source Testing
3. Prevention of Significant Deterioration Review, Basis of Program,
PSD Regulations, PSD Analysis Procedure
[[Page 124]]
4. Nonattainment Area Review
5. New Source Performance Standards Source Review
6. Visibility Review
7. Sources under EPA Review
H. Permit Issuance Requirements
Section V. Ambient Air Monitoring
A. Purpose
B. Completed Air Monitoring Projects
1. Carbon Monoxide
2. Nitrogen Oxides
3. Sulfur Dioxide
4. Ozone
5. Total Suspended Particulates (TSP)
6. Lead
C. Air Monitoring Network
1. Network Description
2. Station Designations
3. Air Quality Monitoring Procedures
4. Ambient Sampling for Specific Pollutants
E. Annual Review
Volume III. Appendices
Section II. State Air Quality Control Program
II.A. State Air Statutes, except section 46.03.170, State Attorney
General Opinions on Legal Authority
II.B. Municipality of Anchorage/Cook Inlet/ADEC Agreements
II.C. Fairbanks North Star Borough Ordinances/FNSB & ADEC Agreements
Section III. Areawide Pollutant Control Program
III.G. Ordinance of the City and Borough of Juneau
Section IV. Point Source Control Program
IV.1. PSD Area Classification and Reclassifications
A. Class I Area Boundaries
B. Areas Protected from Visibility Degradation
C. Reclassification
1. Limitations on PSD Reclassification
2. PSD Reclassification Procedures
IV.2. Compliance Assurance
IV.3. Testing Procedures
Section V. Ambient Air Monitoring
ADEC Ambient Analysis Procedures
Title 18. Environmental Conservation, Chapter 50. Air Quality Control,
Sections 021(d), 030(g), 040(a)(2), 040(c), 050(a)(2), 050(b)(4), 085,
300(a)(1), 300(a)(7), 400(d)(6), 500(d), 500(e), 510 (Editor's Note),
520(a), 520(b), 610(a), 620, 900(15), 900(39), 900(47), and 900(48).
(12) On September 29, 1982, the Commissioner of the Alaska
Department of Environmental Conservation submitted a carbon monoxide
attainment plan for the cities of Anchorage (section III.B) and
Fairbanks (section III.C) as a revision to the Alaska State
Implementation Plan. On November 15, 1983, a revision to this plan was
submitted for the city of Anchorage. Supplement to the Anchorage and
Fairbanks plans revisions to section III.A (Areawide Pollutant Control
Program, Statewide Transportation Control Program) and a new State
Regulation 18 AAC Chapter 52 (Emissions Inspection and Maintenance
Requirements for Motor Vehicles) were submitted on May 31, 1985.
(i) Incorporation by reference. (A) May 31, 1985 letter from the
State of Alaska to EPA, and State Regulation 18 AAC 52 (Emissions
Inspection and Maintenance Requirements for Motor Vehicles) as filed by
the Commissioner for the State of Alaska on May 19, 1985.
(B) Page section III.B.8-3 of the Anchorage Transportation Control
Program, Alaska Air Quality Control Plan, revised June 1, 1985
(emissions and air quality projections for Anchorage with vehicle
inspection and maintenance program).
(C) Table C.6.a of the Fairbanks Transportation Control Program,
Alaska Air Quality Control Plan [reasonable further progress required
reductions for Fairbanks] (page section III.C.6-2) revised November 20,
1982.
(ii) Other material. (A) Section III.A Statewide Transportation
Control Program.
(B) Section III.B Anchorage Transportation Control Program.
(C) Section III.C Fairbanks Transportation Control Program.
(D) The I/M Program Design for the Fairbanks North Star Borough
dated October 25, 1984.
(E) The I/M Program Design for the Municipality of Anchorage dated
1984.
(13) On June 26, 1987, the State of Alaska Department of
Environmental Conservation submitted Section III.B.10-1 through
III.B.10-6 (Anchorage Air Pollution Episode Curtailment Actions);
Section III.C.10-1 through III.C.10-9 (Fairbanks Emergency Episode
Prevention Plan); and minor modifications to Section III.C.5-7
(Fairbanks Inspection and Maintenance Program Design).
(i) Incorporation by reference. (A) June 26, 1987 letter from the
State of Alaska
[[Page 125]]
Department of Environmental Conservation to EPA Region 10.
(B) Section III.B.10-1 through III.B.10-6 of Volume II (Anchorage
Air Pollution Episode Curtailment Actions) as adopted as an ordinance by
the Anchorage Assembly on September 9, 1986.
(C) Section III.C.10-1 through III.C.10-9 of Volume II (Fairbanks
Emergency Episode Prevention Plan) as adopted as an ordinance by the
Assembly of the Fairbanks North Star Borough on December 19, 1985.
(D) Page number Section III.C.5-7 of Volume II (Fairbanks Inspection
and Maintenance Design). This new page supercedes the current page
number Section III.C.5-7 of the Alaska Air Quality Control Plan as
adopted by the Alaska Department of Environmental Conservation on June
26, 1987.
(14) On June 26, 1987, the Commissioner of the Alaska Department of
Environmental Conservation submitted revised rules regulating the height
of stacks and the use of dispersion techniques, specifically revisions
to 18 AAC 50.400(a), 18 AAC 50.530(c), 18 AAC 50.900(16), 18 AAC
50.900(20), 18 AAC 50.900(23), and 18 AAC 50.900.(29), and the deletion
of 18 AAC 50.900(17).
(i) Incorporation by reference. (A) June 26, 1987 letter from the
State of Alaska Department of Environmental Conservation to EPA, Region
10.
(B) August 11, 1987 letter from the State of Alaska Department of
Environmental Conservation to EPA, Region 10.
(C) 18 AAC 50.400(a) and 18 AAC 50.900 (16), (20), (23), and (29) as
adopted by the State of Alaska Department of Environmental Conservation
on December 31, 1986.
(15) On September 12, 1988, the State of Alaska Department of
Environmental Conservation submitted revisions to AAC 18 Chapter 52
(Emission Inspection and Maintenance Requirements for Motor Vehicles).
Those sections amended through June 2, 1988, are: 18 AAC 51.010 [Purpose
and General Requirements] (a)(3), (b), (d), (e), and (g); 18 AAC 52.020
[Vehicles Subject to this Chapter] (1); 18 AAC 52.070 [Waivers] (5)(A)
through (C); and 18 AAC 52.900 [Definitions] (14).
(i) Incorporation by reference. (A) September 12, 1988 letter from
the State of Alaska Department of Environmental Conservation to EPA
Region 10.
(B) Chapter 52 [Emissions Inspection and Maintenance Requirements
for Motor Vehicles] section 52.010 [Purpose and General Requirements
(a)(3), (b), (d), (e), and (g); section 52.020 [Vehicles Subject to This
Chapter] (1); section 52.070 [Waivers] (5)(A) through (C); and section
52.900 [Definitions] (14) as adopted by the State of Alaska Department
of Environmental Conservation on March 10, 1988.
(16) On September 12, 1988, the State of Alaska Department of
Environmental Conservation submitted revisions to the State of Alaska
state implementation plan. Specifically pages IV.F.1-1 through IV.F.1-8
of section IV.F ``Project Review Procedures'' and amendments to title
18, chapter 50, sections 050(a)(4), 050(b), 050(d)(1), 300(a)(5)(C),
300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500(d), 510(a), 520(a), 520(b),
and 620 of the Alaska Administrative Code.
(i) Incorporation by reference. (A) September 12, 1988, letter from
the State of Alaska Department of Environmental Conservation to EPA
Region 10 submitting a revision to the Alaska state implementation plan.
(B) Vol. II, Analysis of Problems, Control Actions, Pages IV.F.1-1
through IV.F.1-8 of section IV.F, ``Project Review Procedures,'' revised
June 2, 1988.
(C) Title 18, chapter 50, (Air Quality Control) section 050
(Industrial Processes and Fuel Burning Equipment) (a)(4), 050(b),
050(d)(1), 300 (Permit to Operate) (a)(5)(C), 300(a)(6)(C), 300(a)(7),
300(c), 300(g), 500 (Source Testing) (d), 510 (Ambient Analysis Methods)
(a), 520 (Emission and Ambient Monitoring) 520(a), 520(b), and 620 (Air
Quality Control Plan) of the Alaska Administrative Code as adopted by
the State of Alaska Department of Environmental Conservation on March
10, 1988 and effective on June 2, 1988.
(17) On October 17, 1991, the State of Alaska Department of
Environmental Conservation submitted a PM10 nonattainment
area state implementation plan for Eagle River, Alaska.
[[Page 126]]
(i) Incorporation by reference. (A) October 15, 1991 letter from
Alaska Department of Environmental Conservation to EPA Region 10
submitting the PM10 nonattainment area state implementation
plan for Eagle River, Alaska.
(B) The PM10 nonattainment area state implementation plan
for Eagle River, Alaska, as adopted by the Anchorage Assembly on
February 6, 1990 and effective on September 24, 1991.
(18) On June 22, 1993, the Governor of the State of Alaska submitted
revised rules to satisfy certain Federal Clean Air Act requirements for
an approvable moderate PM10 nonattainment area SIP for
Mendenhall Valley, Alaska. Also included in this SIP were
PM10 contingency measures for the Mendenhall Valley. On
January 21, 1992, a supplement to the existing Eagle River
PM10 control plan was submitted by ADEC to EPA and certified
on March 8, 1993, by the Lieutenant Governor of Alaska.
(i) Incorporation by reference. (A) June 22, 1993, letter from the
Governor of the State of Alaska to EPA, Region 10, submitting the
moderate PM10 nonattainment area SIP for Mendenhall Valley,
Alaska.
(B) The Control Plan for Mendenhall Valley of Juneau, effective July
8, 1993.
(C) August 25, 1993, letter from ADEC showing, through enclosures,
the permanent filing record for the supplement to the existing Eagle
River PM10 control plan. The Lieutenant Governor certified
the supplement on March 8, 1993.
(D) The January 21, 1992, supplement to the existing Eagle River
PM10 control plan, effective April 7, 1993. Also included is
an August 27, 1991 Municipality of Anchorage memorandum listing the 1991
capital improvement project priorities and an October 11, 1991,
Municipality of Anchorage memorandum summarizing the supplement to the
existing PM10 control plan.
(19) The Environmental Protection Agency (EPA) takes action on and/
or approves regulations from three submittals received from the ADEC on
July 17, 1990, October 15, 1991 and on March 24, 1994, which pertain to
correcting SIP deficiencies in the CFR; amendments to regulations
dealing with Air Quality Control, 18 AAC 50, for inclusion into Alaska's
SIP; and additional amendments to 18 AAC 50, Air Quality Control, for
inclusion into Alaska's SIP to assure compliance with new source review
permitting requirements for sources located in nonattainment areas for
either carbon monoxide or particulate matter.
(i) Incorporation by reference. (A) July 17, 1990 letter from ADEC
to EPA requesting correction for findings of SIP deficiency in 40 CFR
Part 52, and including the version of Alaska Statutes, ``Title 46.
Water, Air, Energy, and Environmental Conservation,'' in effect at the
time of the July 17, 1990 letter, of which Sections 46.03.020,
46.03.030, 46.03.032, and 46.03.715, amended in 1987, were the most
recently amended of the enclosed statutes.
(B) October 15, 1991 letter from ADEC to EPA, and including
amendments to regulations and the State Air Quality Control Plan to
assure compliance with national ambient air quality standards for
particulate matter; the Order Amending Regulations of the Department of
Environmental Conservation, effective July 21, 1991; and the following
Alaska Administrative Code, 18 AAC 50, Air Quality Control Regulations:
(50.020; 50.085; 50.100; 50.300; 50.400; 50.510, 50.520, 50.610, and
50.900), effective July 21, 1991, Register 119.
(C) March 24, 1994 letter from Walter J. Hickel, Governor of Alaska,
to Chuck Clarke, Regional Administrator of EPA, and including amendments
to 18 AAC 50, State Air Quality Control Plan; the Order Adopting and
Amending Regulations of the Department of Environmental Conservation,
effective April 23, 1994, Register 130; and the amendments to 18 AAC 50
(50.021, 50.300(a)(7) and (a)(8), 50.300 (d), (e), and (g),
50.400(a)(1)(A), 50.400(c)(3)(B)(ii), 50.400(c)(4), 50.400(d)(4), and
50.620), State Air Quality Control Plan, found in Volume III:
Appendices, Modifications to Section III.A, effective April 23, 1994,
Register 130.
(20) On April 18, 1994, the Commissioner of the Alaska Department of
Environmental Conservation (ADEC) submitted ``The Alaska Air Quality
Small Business Assistance Program State Air Quality Control Plan
Amendment,''
[[Page 127]]
adopted April 8, 1994, as a revision to the Alaska SIP.
(i) Incorporation by reference. (A) Letter dated April 8, 1994, from
the Commissioner of ADEC to the Regional Administrator of EPA,
submitting ``The Alaska Air Quality Small Business Assistance Program
State Air Quality Control Plan Amendment'' to EPA; the Alaska Air
Quality Small Business Assistance Program State Air Quality Control Plan
Amendment (which includes Appendix A the Alaska Statutes Title 46,
Chapter 14, Article 3), dated April 1994, and adopted April 8, 1994.
(ii) Additional information. (A) Letter dated July 24, 1995, from
Alaska Department of Environmental Conservation, submitting information
necessary for approval of the SBAP revision to EPA; the July 1995 SBAP
Update, Responses to EPA Comments, and the Air Quality/Small Business
Assistance Compliance Advisory Panel Board Information.
(21) On July 11, 1994 ADEC submitted a SIP revision for a basic
motor vehicle inspection and maintenance (I/M) program in the
Municipality of Anchorage (MOA) and the Fairbanks North Star Borough
(FNSB).
(i) Incorporation by reference. (A) July 11, 1994 letter from the
Governor of Alaska to the Regional Administrator of EPA submitting
Alaska's amendments to the Air Quality Control Plan and to 18 AAC 52,
Emissions Inspection and Maintenance Requirements for Motor Vehicles;
the amendments to 18 AAC 52 (52.005, .015, .020, .030, .035, .040, .045,
.050, .055, .060, .065, .070, .075, .080, .085, .090, .095, .100, .105,
.400, .405, .410, .415, .420, .425, .430, .440, .445, .500, .505, .510,
.515, .520, .525, .527, .530, .535, .540, .545, .550, and .990),
effective February 1, 1994; and the State Air Quality Control Plan, Vol.
II: Analysis of Problems, Control Actions, Modifications to Section I,
June 9, 1994; Vol. II: Analysis of Problems, Control Actions,
Modifications to Section I, II, III and V, adopted January 10, 1994;
Vol. III: Appendices, Modifications to Section III.A, June 9, 1994; Vol.
III: Appendices, Modifications to Section III.B, June 9, 1994; and Vol.
III: Appendices, Modifications to Section III.C, June 9, 1994.
(22) On March 24, 1994, ADEC submitted a revision to its SIP for the
State of Alaska addressing the attainment and maintenance of the
National Ambient Air Quality Standards for carbon monoxide in the
Anchorage carbon monoxide nonattainment area.
(i) Incorporation by reference. (A) March 24, 1994 letter from
Alaska Governor Walter Hickel to EPA Regional Administrator Chuck Clarke
including as a revision to the SIP the State of Alaska, Department of
Environmental Conservation, 18 AAC 53, ``Fuel Requirements for Motor
Vehicles,'' (Article 1, 18 AAC 53.005-18 AAC 53.190 and Article 9, 18
AAC 53.990) with amendments adopted through March 19, 1994.
(23) On March 24, 1994, ADEC submitted a SIP revision to EPA to
satisfy the requirements of sections 187(a)(2)(A) and 187(a)(3) of the
CAA, forecasting and tracking VMT in the Anchorage area.
(i) Incorporation by reference. (A) March 24, 1994 letter from the
Alaska Governor to the EPA Regional Administrator including as a
revision to the SIP the VMT requirement in the Anchorage area, contained
in ADEC's State Air Quality Control Plan, Volume III: Appendices,
Modifications to Section III.B.6, III.B.8, III.B.10 and III.B.11,
adopted January 10, 1994; and further description on pages 10-14, 57-60
and 69-75 contained in ADEC's State Air Quality Control Plan, Volume
III: Appendices, Modifications to Section III.B, III.B.1, and III.B.3,
adopted January 10, 1994.
(24) On December 5, 1994 the Alaska Department of Environmental
Conservation sent EPA revisions for inclusion into Alaska's SIP that
address transportation and general conformity regulations as required by
EPA under the CAA.
(i) Incorporation by reference. (A) December 5, 1994 letter from the
Governor of Alaska to EPA, Region 10, submitting amendments addressing
transportation and general conformity revisions to the SIP:
(1) Regulations to 18 AAC 50, Air Quality Control, including Article
5, Procedure and Administration, 18 AAC 620; Article 6, Reserved;
Article 7, Conformity, 18 AAC 50.700-18 AAC 50.735; Article 8, Reserved;
and Article 9, General Provisions, 18 AAC 50.900, all of which contain
final edits (23 pages
[[Page 128]]
total) by the Alaska Department of Law, were filed by the Lieutenant
Governor on December 5, 1994 and effective on January 4, 1995.
(2) Amendments to the Alaska State Air Quality Control Plan,
``Volume II: Analysis of Problems, Control Actions,'' as revised on
December 1, 1994, adopted by reference in 18 AAC 50.620, containing
final edits by the Alaska Department of Law, all of which were certified
by the Commissioner of Alaska to be the correct plan amendments, filed
by the Alaska Lieutenant Governor on December 5, 1994 and effective on
January 4, 1995.
(25) On March 24, 1994, ADEC submitted a revision to its SIP for the
State of Alaska addressing the attainment and maintenance of the NAAQS
for CO in the Anchorage CO nonattainment area.
(i) Incorporation by reference. (A) March 24, 1994 letter from the
Alaska Governor to the EPA Regional Administrator including as a
revision to the SIP the State of Alaska, Department of Environmental
Conservation, 18 AAC 53, ``Fuel Requirements for Motor Vehicles,''
(Article 1, 18 AAC 53.005-18 AAC 53.190 and Article 9, 18 AAC 53.990,
with the exception of 18 AAC 53.010(c)(2)), filed March 24, 1994 and
effective on April 23, 1994.
(26) Submittal to EPA from the ADEC of CO contingency measure for
Fairbanks, AK.
(i) Incorporation by reference. (A) Letter dated July 12, 1995 from
the Commissioner of the ADEC to the EPA Regional Administrator
submitting its repair technician and certification program element found
in State regulation 18 AAC 52.400-410, effective June 24, 1994.
(27) On October 31, 1997, ADEC submitted revisions to Fuel
Requirements for Motor Vehicles, title 18, chapter 53 of the Alaska
Administrative Code (18 AAC 53) regarding the use of oxygenated fuels.
(i) Incorporation by reference. (A) Title 18, Chapter 53, Alaska
Administrative Code (AAC), Fuel Requirements for Motor Vehicles, adopted
October 31, 1997 (Article 1, 18 AAC 53 .005, .007, .010, .015, .020,
.030, .035, .040, .045, .060, .070, .080, .090, .100, .105, .120, .130,
.140, .150, .160, .170, .190; Article 9, 18 AAC 53.990).
(28) On January 8, 1997, the Director of the Alaska Department of
Environmental Conservation submitted the Alaska air quality regulations,
18 Alaska Administrative Code (AAC) 50 (with the exception of 18 AAC
50.055(a)(9), 50.085, 50.090, 50.110, 50.300(g), and 50.310(l) which
were not submitted), as effective on January 18, 1997. On March 17,
1998, the Director of the Alaska Department of Environmental
Conservation resubmitted 18 AAC 50.055(a)(3) and (b)(6). EPA has
approved the following provisions of 18 AAC 50, as effective on January
18, 1997: Section 005; Section 010, except for subsections (7) and (8);
Section 025; Section 030; Section 035; Section 045; Section 050; Section
055, except for paragraph (d)(2)(B) and (a)(9); Section 060; Section
065; Section 070; Section 075; Section 200; Section 201; Section 205;
Section 220; Section 240; Section 245; Section 400, paragraphs (a),
(b)(1), and (c); Section 420; Section 430; Section 900; and Section 990,
subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15),
(16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33),
(34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51),
(53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70),
(71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86),
(89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100).
On January 8, 1997, the Director of the Alaska Department of
Environmental Conservation submitted the current Alaska Statutes for air
pollution control, specifically the 1993 Alaska Act (Chapter 74 State
Legislative Act 1993). EPA has approved as federally enforceable
provisions of the SIP, the following provisions of the Alaska Statutes,
as effective June 25, 1993: AS 46.14.510(b); AS 46.14.550; AS 46.14.560;
AS 46.14.990(1), (2), (3), (6), (7), (8), (10), (13), (15), (16), (17),
(18), (22), (24), and (25); and AS 45.45.400(a). On January 8, 1997, the
Director of the Alaska Department of Conservation submitted the ``In
Situ Burning Guidelines for Alaska (revised 5/94).''
(i) Incorporation by reference. (A) 18 AAC 50.005; 18 AAC 50.010,
except for subsections (7) and (8); 18 AAC 50.025; 18 AAC 50.030; 18 AAC
50.035; 18 AAC 50.045; 18 AAC 50.050; 18 AAC 50.055, except for
paragraphs (d)(2)(B) and (a)(9); 18 AAC 50.060; 18 AAC 50.065; 18 AAC
50.070; 18
[[Page 129]]
AAC 50.075; 18 AAC 50.200; 18 AAC 50.201; 18 AAC 50.205; 18 AAC 50.220;
18 AAC 50.240; 18 AAC 50.245; 18 AAC 50.400, paragraphs (a), (b)(1), and
(c); 18 AAC 50.420; 18 AAC 50.430; 18 AAC 50.900; and 18 AAC 50.990,
subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15),
(16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33),
(34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51),
(53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70),
(71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86),
(89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100);
as effective on January 18, 1997.
(B) AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1),
(2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24),
and (25); and AS 45.45.400(a); as effective on June 25, 1993.
(C) Remove the following provisions of 18 AAC 50, as effective on
June 2, 1988, from the current incorporation by reference: 18 AAC
50.010; 18 AAC 50.070; 18 AAC 50.900, subsections (19), (27), (30),
(45), (46), and (48).
(29) The Environmental Protection Agency (EPA) approves various
amendments to the Alaska State Air Quality Control Plan which are
contained in three separate submittals to EPA, dated February 6, 1997,
June 1, 1998, and September 10, 1998, and which include the inspection
and maintenance program.
(i) Incorporation by reference. (A) Air Quality Control Regulations,
18 AAC 50.
Effective September 4, 1998: Section 700; Section 705; Section 710
(except for the incorporation by reference of sections 93.102(c), 93.102
(d), 93.104(d), 93.104(e)(2), 93.109(c)-(f), 93.118(e), 93.119(f)(3),
93.120(a)(2), 93.121(a)(1) and (b), and 93.124(b) of 40 CFR); Section
715; and Section 720.
(B) Emissions Inspection and Maintenance Requirements for Motor
Vehicles 18 AAC 52.
(1) Effective January 1, 1998: Section 005; Section 010; 015; 020;
025; 035; 037; 050; 060, except for subsections (8)(c), (8)(d)(2) and
(8)(e); 065; 070; 080; 085; 095; 100; 105; 400; 405; 415, except
subsection (f)(1); 420, except subsection (a)(11); 425; 440; 500; 515;
520, except subsection (c)(9); 525; 527; 530, except subsections (b)(3),
(c)(4)(C) and (d)(9); 535; 540; 545; 546; 990.
(2) Effective January 1, 1997: Section 055; 090.
(3) Remove the following provisions of 18 AAC 52, effective January
1, 1997: Section 060, subsection 8 (c) and 8 (e); Section 520,
subsection (c)(9).
(4) Remove the following provisions of 18 AAC 52, effective January
1, 1998: Section 060, subsection 8 (d)(2); Section 415, subsection
(f)(1); Section 420, subsection (a) (11); Section 530, subsection (b)(3)
and (d)(9).
(5) Remove the following provisions of 18 AAC 52, effective January
4, 1995: Section 530, subsection (c) (4)(c).
(C) Fuel Requirements for Motor Vehicles 18 AAC 53.
(1) Effective October 31, 1997: Section 05; 07; 10; 20; 30; 35; 40;
45; 60; 70; 80; 90; 200; 105; 120; 130; 140; 150; 160; 170; 190 and
effective September 4, 1998, Section 990.
(2) Remove the following provision of 18 AAC 53.015, Expansion of
Control Area, effective October 31, 1997.
(ii) Additional material. (A) Revisions to Alaska's State Air
Quality Control Plan, Volume II: Section I, ``Background,'' I.A; I.B.,
I.C., I.D., and I.E., adopted 11/26/96; Part B--Anchorage Contingency
Measures, adopted 5/18/98; Section II, ``State Air Quality Control
Program,'' pages II-1 through II-4, adopted 5/18/98; Section III.A.
``Statewide Carbon Monoxide Control Program,'' pages III.A.1-1 through
III.A.3-4, adopted 5/18/98; III.B. ``Anchorage Transportation Control
Program,'' pages III.B.1-1 through III.B.6-7, adopted 5/18/98; III.B.8.
``Modeling and Projections,'' pages III.B.8-1 through III.B.9-2, adopted
5/18/98; III.B.10, ``Anchorage Air Pollution Episode Curtailment Plan,''
pages III.B.10-1 and III.B.10-2, revised 12/19/93; III.B.11. ``Assurance
of Adequacy,'' pages III.B.11-1 through III.B.11-3, revised 5/18/98;
III.B.12. ``Emissions Budget,'' page III.B.12-1, adopted 11/26/96; and
various CO SIP streamlining edits throughout Volume II and Volume III of
the State Air Quality Control Plan which make the document easier to
read and better organized, adopted 5/18/98.
[[Page 130]]
(30) On November 1, 1999, the Alaska Department of Environmental
Conservation (ADEC) submitted a SIP revision to revise the visible
emission limit for coal burning boilers, during startup; shutdown; soot-
blowing; grate cleaning; or other routine maintenance activities, that
began operation before August 17, 1971, and submitted the required
demonstration. This SIP revision is approved for the following
facilities that submitted the required demonstration: Golden Valley
Electric Association (GVEA), Healy (Unit 1); Eielson Air Force Base,
Fairbanks (6 units); Aurora Energy, Fairbanks (4 units); and Clear Air
Force Base, Clear (3 units). Additionally, we are approving a revision
to the definitions section that will add definitions of grate cleaning
and soot-blowing.
(i) Incorporation by reference. (A) 18 Alaska Administrative Code
(AAC) 50.055(a)(9), Industrial Processes and Fuel-Burning Equipment; as
State effective on November 4, 1999. 18 AAC 50.990, subsections (106)
and (107), Definitions; as State effective on January 1, 2000.
(31) The Environmental Protection Agency (EPA) approves various
amendments to the Alaska State Air Quality Control Plan which are
contained in two separate submittals to EPA, dated February 24, 2000 and
February 2, 2001, and which include the inspection and maintenance and
fuels program.
(i) Incorporation by reference. (A) Air Quality Control Regulations,
18 AAC 50. Effective December 30, 2000: Section 030.
(B) Emissions Inspection and Maintenance Requirements for Motor
Vehicles 18 AAC 52.
(1) Effective January 1, 2000: Sections 005; 015; 020; 025; 035;
037; 055; 060; 065; 070; 085; 100; 105; 410; 415; 420; 440; 500; 510;
515; 520; 525; 527; 530; 535; and 540.
(2) Effective December 30, 2000: Sections 050 and 990.
(C) Fuel Requirements for Motor Vehicles 18 AAC 53. Effective
December 30, 2000: Section 080.
(32) On August 30, 2001 the Alaska Department of Environmental
Conservation submitted revisions to the Carbon Monoxide State
Implementation Plan for Fairbanks, Alaska.
(i) Incorporation by reference. (A) Air Quality Control Regulations,
18 AAC 50.030, as adopted 7/27/01, effective 9/21/01.
(B) Assembly Ordinance 2001-17 mandating a Fairbanks North Star
Borough motor vehicle plug-in program, as adopted 4/12/2001, effective
4/13/01.
(ii) Additional material. Volume II, Section III.C of the State Air
Quality Control Plan adopted 7/27/01, effective 9/21/01; Volume III.C3,
III.C.5, C.11, and C.12 of the Appendices; adopted 7/27/01, effective 9/
21/01.
(33) [Reserved]
(34) On February 18, 2004, the Alaska Department of Environmental
Quality submitted a CO maintenance plan and requested the redesignation
of Anchorage to attainment for CO. The State's maintenance plan,
attainment year emissions inventory, and the redesignation request meet
the requirements of the Clean Air Act.
(i) Incorporation by reference. (A) 18AAC50.010, Ambient air quality
standards, as effective June 21, 1998, except for subsections (7) and
(8).
(B) 18AAC50.015, Air quality designations, classifications, and
control regions, as in effect February 20, 2004.
(C) 18AAC53.010, Control periods and control areas, as in effect
February 20, 2004.
(D) 18AAC53.190, Suspension and reestablishment of control period,
as in effect February 20, 2004.
(E) 18AAC50.021, of the State Air Quality Control Plan, as
referenced in (c)(19)(i)(C) of this section, effective April 23, 1994,
is removed.
(35) On June 21, 2004, the Alaska Department of Environmental
Conservation submitted a carbon monoxide maintenance plan and requested
the redesignation of Fairbanks to attainment for carbon monoxide. The
State's maintenance plan and the redesignation request meet the
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) 18AAC50.015, Air quality
designations, classifications, and control regions, as in effect June
24, 2004.
(B) Assembly Ordinance No. 2003-71--An Ordinance amending the Carbon
Monoxide Emergency Episode Prevention Plan including implementing a
[[Page 131]]
Woodstove Control Ordinance, adopted October 30, 2003.
(36) On May 6, 2005 and June 30, 2006, the Alaska Department of
Environmental Conservation (ADEC) submitted amendments to ADEC's air
quality regulations, as revision to the State of Alaska Implementation
Plan.
(i) Incorporation by reference.
(A) The following new and revised sections of ADEC's air quality
regulations:
(1) 18 AAC 50.080 Ice Fog Standards; State effective January 18,
1997.
(2) 18 AAC 50.025 Visibility and Other Special Protection Areas; 18
AAC 50.070 Marine Vessel Visible Emission Standards. All provisions in
this paragraph are State effective June 21, 1998.
(3) 18 AAC 50.050 Incinerator Emission Standards; State effective
May 3, 2002.
(4) 18 AAC 50.005 Purpose of Chapter; 18 AAC 50.010 Ambient Air
Quality Standards [except (7) and (8)]; 18 AAC 50.015 Air Quality
Designations, Classifications, and Control Regions; 18 AAC 50.020
Baseline Dates and Maximum Allowable Increases, 18 AAC 50.045
Prohibitions; 18 AAC 50.055 Industrial Processes and Fuel-Burning
Equipment [except (d)(2)(B)]; 18 AAC 50.100 Nonroad Engines; 18 AAC
50.200 Information Requests; 18 AAC 50.201 Ambient Air Quality
Investigation; 18 AAC 50.205 Certification; 18 AAC 50.215 Ambient Air
Quality Analysis Methods [except (a)(3)]; 18 AAC 50.220 Enforceable Test
Methods [except (c)(2)]; 18 AAC 50.245 Air Episodes and Advisories; 18
AAC 50.250 Procedures and Criteria for Revising Air Quality
Classifications; 18 AAC 50.301 Permit Continuity; 18 AAC 50.302
Construction Permits; 18 AAC 50.306 Prevention of Significant
Deterioration (PSD) Permits [except (b)(2) and (b)(3)]; 18 AAC 50.311
Nonattainment Area Major Stationary Source Permits; 18 AAC 50.345
Construction and Operating Permits: Standard Permit Conditions [except
(b), (c)(3), and (l)]; 18 AAC 50.508 Minor Permits Requested by the
Owner or Operator [except (1) and (2)]; 18 AAC 50.546 Minor Permits:
Revisions [except (b)]; 18 AAC 50.560 General Minor Permits; 18 AAC
50.900 Small Business. All provisions in this paragraph are State
effective October 1, 2004.
(5) 18 AAC 50.542 Minor Permit: Review and Issuance [except (b)(2),
(f)(4), (f)(5), and (g)(1) but only with respect to clean units and
pollution control projects]; State effective December 1, 2004.
(6) 18 AAC 50.225 Owner-Requested Limits; 18 AAC 50.230 Preapproved
Emission Limits [except (d)]; 18 AAC 50.544 Minor Permits: Content
[except (e)]. All provisions in this paragraph are State effective
January 29, 2005.
(7) 18 AAC 50.035 Documents, Procedures, and Methods Adopted By
Reference [except (b)(4)]; 18 AAC 50.040 Federal Standards Adopted by
Reference [except (a), (b), (c), (d), (e), (g), (h)(17), (h)(18),
(h)(19), (i)(7), (i)(8), (i)(9), and (j)]; 18 AAC 50.502 Minor Permits
for Air Quality Protection [except (g)(1) and (g)(2)]; 18 AAC 50.540
Minor Permit: Application [except (f) and (g)];18 AAC 50.990 Definitions
[except (21), and (77)]. All provisions in this paragraph are State
effective December 3, 2005.
(B) Remove the following provisions from the current incorporation
by reference:
(1) 18 AAC 50.030 State Air Quality Control Plan; State effective
September 21, 2001.
(2) 18 AAC 50.035 (b)(4) Documents, Procedures and Methods Adopted
by Reference; State Effective January 18, 1997.
(3) 18 AAC 50.090 Ice Fog Limitations; State effective May 26, 1972.
(4) 18 AAC 50.220(c)(2) Enforceable Test Methods; State effective
January 18, 1997.
(5) 18 AAC 50.300 Permit to Operate and 18 AAC 50.400 Application
Review & Issuance of Permit to Operate. The provisions in this paragraph
were State effective July 21, 1991 and April 23, 1994.
(6) 18 AAC 50.520 Emissions and Ambient Monitoring; State effective
July 21, 1991.
(7) 18 AAC 50.530 Circumvention; State effective June 7, 1987.
(8) 18 AAC 50.310 Revocation or Suspension of Permit; State
effective May 4, 1980.
(9) 18 AAC 50.400 Permit Administration Fees; 18 AAC 50.420 Billing
Procedures; and 18 AAC 50.430 Appeal Procedures. The provisions of this
paragraph were State effective January 18, 1997.
[[Page 132]]
(10) 18 AAC 50.600 Reclassification Procedures & Criteria; State
effective November 1, 1982.
(11) 18 AAC 50.620 State Air Quality Control Plan; State effective
January 4, 1995.
(12) 18 AAC 50.900 Definitions; State effective July 21, 1991 and
January 4, 1995.
(ii) Additional Material.
(A) The following section of ADEC's air quality regulations: 18 AAC
50.030 State Air Quality Control Plan, State effective October 1, 2004.
(37) On March 29, 2002, December 11, 2006 and June 5, 2008 the
Alaska Department of Environmental Conservation submitted revisions to
the SIP approved inspection and maintenance program for Carbon Monoxide.
The SIP revisions meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) The following new and revised sections of ADEC's air quality
regulations:
(1) 18 AAC 50.030 Air Quality Control as in effect May 17, 2008.
(2) 18 AAC 52 Emissions Inspection and Maintenance Requirements for
Motor Vehicles as in effect May 17, 2008.
(3) AO 2006-13 an ordinance amending Anchorage Municipal Code
chapters 15.80 and 15.85 to comply with State I/M regulations and to
comply with DMV Electronic Procedures January 24, 2006 and Chapters
15.80 and 15.85 of the Anchorage Municipal Code as approved February 14,
2006.
(ii) Additional material
(A) The following revised sections of Alaska's air quality
regulations:
(1) State Air Quality Control Plan--Vol. II Analysis of Problems,
Control Actions, Section II: Air Quality Program, April 4, 2008
(2) State Air Quality Control Plan--Vol. II Analysis of Problems,
Control Actions, Section III.A. Statewide Carbon Monoxide Control
Program, April 4, 2008
(3) State Air Quality Control Plan--Vol. II Analysis of Problems,
Control Actions, Section III.C. Fairbanks Transportation Control
Program, April 4, 2008
(4) Amendments to State Air Quality Control Plan, Vol. III
Appendices (Appendix III.A.2 and Appendix to III.C.3), April 4, 2008
(5) State Air Quality Control Plan--Vol. II Analysis of Problems,
Control Actions, Section III.B. Anchorage Transportation Control
Program, September 19, 2006
(6) Vol. III. Appendix to Vol. II, Sec II, September 19, 2006
(7) Vol. III. Appendix to Vol. II, Sec III.A, September 19, 2006
(8) Vol. III. Appendix to Vol. II, Sec III.B, September 19, 2006
(9) Vol. III. Appendix to Vol. II, Sec III.C, September 19, 2006
(38) On November 19, 2010, the Alaska Department of Environmental
Conservation (ADEC) submitted a revision to the State of Alaska
Implementation Plan that adds a definition of ``Subject to regulation''
as it applies to greenhouse gases in Alaska's Prevention of Significant
Deterioration (PSD) permit rule.
(i) Incorporation by reference. (A) The following section of ADEC's
air quality regulations: The incorporation by reference date for 40 CFR
52.21 in 18 AAC 50.040(h), introductory paragraph, but only with respect
to its incorporation by reference of the definition of ``Subject to
regulation'' in 40 CFR 52.21(b)(49) for the purpose of greenhouse gases
only; State effective December 9, 2010.
(39) On April 9, 2010, the Alaska Department of Environmental
Conservation (ADEC) submitted a revision to the Alaska State
Implementation Plan (SIP) to update the SIP to include the 2008 ozone
standard at an 8-hour averaging period, the associated federal method
for measuring and monitoring ozone in ambient air, and a general
definition of ozone.
(i) Incorporation by reference. (A) The following revised sections
of Alaska Administrative Code Title 18: Chapter 50, effective April 1,
2010:
(1) Article 1, Ambient Air Quality Management: Rule 010 Ambient Air
Quality Standards, the undesignated introductory text, and (4); Rule 035
Documents, procedures, and methods adopted by reference, (b) the
undesignated introductory text, and (b)(1), but only with respect to the
incorporation by reference of 40 CFR part 50, Appendix P;
[[Page 133]]
(2) Article 2, Program Administration: Rule 215 Ambient Air Quality
Analysis Methods, (a) introductory text, and (a)(2);
(3) Article 9, General Provisions, Rule 990 Definitions, (129).
(40) On November 19, 2010, and July 9, 2012, the Alaska Department
of Environmental Conservation (ADEC) submitted revisions to the Alaska
State Implementation Plan (SIP) to update the SIP to include federal
Prevention of Significant Deterioration (PSD) program changes to
regulate NOX as a precursor to ozone, and provisions to
satisfy CAA section 128 conflict of interest disclosure requirements.
(i) Incorporation by reference. (A) The following revised sections
of Alaska Administrative Code Title 18, Chapter 50, effective December
9, 2010:
(1) Article 1, Ambient Air Quality Management: Rule 040 Federal
standards adopted by reference, (h) the undesignated introductory text,
only with respect to 40 CFR Part 52 and (h)(4), only with respect to the
incorporation by reference date for ``significant'' at 40 CFR
52.21(b)(23)(i);
(2) Article 9, General Provisions, Rule 990 Definitions, (52)(A),
``major stationary source,'' (53)(A), ``major modification,'' and (92),
``regulated NSR pollutant.''
(ii) Additional material. (A) The following sections of Alaska
Administrative Code Title 2 and Title 9, effective February 20, 2005:
(1) Title 2, Administration: Chapter 50, Alaska Public Offices
Commission: Conflict of Interest, Campaign Disclosure, Legislative
Financial Disclosure, and Regulations of Lobbying; Article 1, Public
Official Financial Disclosure (2 AAC 50.010-2 AAC 50.200);
(2) Title 9, Law: Chapter 52, Executive Branch Code of Ethics (9 AAC
52.010-9 AAC 52.990).
(41) On April 4, 2011, the Alaska Department of Environmental
Conservation submitted a SIP revision to meet the regional haze
requirements of Clean Air Act sections 169A and 169B, and Federal
Regulations 40 CFR 51.308, to implement a regional haze program in the
State of Alaska for the first planning period through July 31, 2018.
(i) Incorporation by reference.
(A) The following revised section of the Alaska Administrative
Rules: Alaska Department of Environmental Conservation, 18 AAC 50.260,
``Guidelines for Best Available Retrofit Technology under the Regional
Haze Rule'', state effective date December 30, 2007.
(ii) Additional material.
(A) The following section of ADEC's air quality control regulations:
18 AAC 50.030 State Air Quality Control Plan; state effective date
February 11, 2011; Volume II, Section III. F. Open Burning; and Volume
II, Section III. K. Area Wide Pollution Control Program for Regional
Haze.
(42) On May 14, 2009, the Alaska Department of Environmental
Conservation submitted a PM10 limited maintenance plan and
requested the redesignation of the Mendenhall Valley to attainment for
PM10. The state's limited maintenance plan and redesignation
request meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Alaska Administrative Code, Title 18, Chapter 50 Air Quality
Control, Section 075 ``Wood-fired heating devise visible emission
standards,'' effective May 6, 2009.
(B) Alaska Department of Environmental Conservation State Air
Quality Control Plan, Volume III, Appendix III.D.3.5, Ordinance of the
City and Borough of Juneau, Alaska, Serial No. 2008-28, adopted February
20, 2009
[37 FR 10848, May 31, 1972. Redesignated at 79 FR 19822, Apr. 10, 2014]
Editorial Note: For Federal Register citations affecting Sec.
52.74, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.75 [Reserved]
Sec. 52.76 1990 Base Year Emission Inventory.
(a) EPA approves as a revision to the Alaska State Implementation
Plan the 1990 Base Year Carbon Monoxide Emission Inventory for the
Anchorage and Fairbanks areas designated as nonattainment for CO,
submitted by the Alaska Department of Environmental Conservation on
December 29, 1993. This submittal consists of the 1990 base year
stationary, area, non-road mobile,
[[Page 134]]
and on-road mobile sources for the pollutant carbon monoxide.
(b) EPA approves a revision to the Alaska State Implementation Plan,
submitted on December 5, 1994, of the on-road mobile source portion of
the 1990 Base Year Emission Inventory for Carbon Monoxide in Anchorage
and Fairbanks.
[62 FR 6132, Feb. 11, 1997, as amended at 63 FR 50764, Sept. 23, 1998]
Sec. Sec. 52.77-52.81 [Reserved]
Sec. 52.82 Extensions.
The Administrator, by authority delegated under section 186(a)(4) of
the Clean Air Act, as amended in 1990, hereby extends for one year
(until December 31, 1996) the attainment date for the MOA, Alaska CO
nonattainment area.
[61 FR 33678, June 28, 1996]
Sec. Sec. 52.83-52.95 [Reserved]
Sec. 52.96 Significant deterioration of air quality.
(a) The State of Alaska Department of Environmental Conservation Air
Quality Control Regulations are approved as meeting the requirements of
40 CFR 51.166 and part C for preventing significant deterioration of air
quality. The specific provisions approved are: 18 AAC 50.010 except (7)
and (8); 18 AAC 50.015; 18 AAC 50.020; 18 AAC 50.035(a)(4), (a)(5), and
(b)(1); 18 AAC 50.040(h); and 18 AAC 50.215 except (a)(4) as in effect
on April 17, 2015; 18 AAC 50.990 as in effect on November 9, 2014; 18
AAC 50.306 as in effect on January 4, 2013; 18 AAC 50.345 except (b),
(c)(3), and (l) as in effect on September 14, 2012; and 18 AAC 50.250 as
in effect on October 1, 2004.
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable provisions for preventing the significant deterioration of
air quality on Indian reservations and, therefore, the provisions of
Sec. 52.21 except paragraph (a)(1) are hereby incorporated and made
part of the applicable plan for Indian reservations in the State of
Alaska.
[72 FR 45380, Aug. 14, 2007, as amended at 76 FR 7117, Feb. 9, 2011; 77
FR 64427, Oct. 22, 2012; 79 FR 56274, Sept. 19, 2014; 81 FR 31513, May
19, 2016]
Sec. Sec. 52.97-52.98 [Reserved]
Subpart D_Arizona
Sec. 52.119 Identification of plan--conditional approvals.
This section identifies plan revisions that are conditionally
approved based upon commitments received from the State.
(a) A plan revision for the Arizona Department of Environmental
Quality (ADEQ) submitted April 28, 2017, by the Governor's designee,
updating ADEQ's Clean Air Act (CAA) new source review (NSR) program only
with respect to the CAA requirements related to ammonia as a precursor
to PM2.5 under the nonattainment NSR program requirements in
CAA section 189(e). This plan revision is conditionally approved as
follows:
(1) The conditional approval is based upon the December 6, 2017
commitment from the State to submit a SIP revision to the EPA by March
31, 2019 consisting of rule revisions and/or demonstrations that will
correct the deficiencies identified with this submittal, as specified in
ADEQ's December 6, 2017 commitment letter. If the State fails to meet
its commitment by March 31, 2019, the conditional approval will be
treated as a disapproval only with respect to the CAA requirements
related to ammonia as a precursor to PM2.5 under the
nonattainment NSR program requirements in CAA section 189(e).
(2) [Reserved]
(b) A plan revision for the Maricopa County Air Quality Department
(MCAQD) submitted May 18, 2016, by the Arizona Department of
Environmental Quality (ADEQ), the Governor's designee, updating the
MCAQD's Clean Air Act (CAA) new source review (NSR) program with respect
to deficiencies identified by the EPA in Regulation I, Rule 100 and
Regulation II, Rule 200. This plan revision is conditionally approved as
follows:
[[Page 135]]
(1) The conditional approval is based on the April 6, 2018 and
October 5, 2018 commitments from the ADEQ, and on the April 2, 2018
letter from the MCAQD to the ADEQ requesting submittal of a letter of
commitment for conditional approval, to submit a SIP revision consisting
of rule revisions and/or demonstrations to the ADEQ within eleven (11)
months after the EPA's approval, to allow the ADEQ to make the final
submission to the EPA not later than twelve (12) months after the EPA's
approval that will correct the deficiencies identified in this final
notice. If the State fails to meet its commitment by that date that is
twelve (12) months after the EPA's approval, the conditional approval
will be treated as a disapproval to deficiencies identified by the EPA
in Regulation I, Rule 100; and Regulation II, Rule 200.
(2) [Reserved]
[83 FR 19635, May 4, 2018, as amended at 84 FR 13548, Apr. 5, 2019]
Sec. 52.120 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for the State of Arizona 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 in paragraphs (c) and (d) of this section
with an EPA approval date prior to June 30, 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 June 30,
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 IX 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).
(3) Copies of the materials incorporated by reference into the state
implementation plan may be inspected at the Region IX EPA Office at 75
Hawthorne Street, San Francisco, CA 94105; or the National Archives and
Records Administration (NARA). To obtain the material, please call the
Regional Office. You may also inspect the material with an EPA approval
date prior to June 30, 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.
Table 1--EPA-Approved Arizona Statutes
----------------------------------------------------------------------------------------------------------------
State effective Additional
State citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
ARIZONA REVISED STATUTES \1\
Title 9 (Cities and Towns)
Chapter 4 (General Powers)
Article 8 (Miscellaneous)
----------------------------------------------------------------------------------------------------------------
9-500.03........................ Air quality May 22, 1987...... August 10, 1988, Approval only
control. 53 FR 30224; included
vacated; restored subsection A,
on January 29, paragraphs 1 and
1991, 56 FR 3219. 2, subsection B.
Submitted on
March 23, 1988.
Senate Bill 1360,
section
2.[dagger]
[[Page 136]]
9-500.04, excluding paragraphs Air quality September 19, 2007 December 3, 2013, Arizona Revised
A.1, A.2, A.4, and A.10; control; 78 FR 72579. Statutes (Thomson/
paragraphs B through G; and definitions. West, 2008).
paragraph I.. Submitted on May
25, 2012. ADEQ
clarified and
revised the May
25, 2012
submittal by
letter dated
September 26,
2013.
9-500.27, excluding paragraphs D Off-road vehicle September 19, 2007 March 31, 2014, 79 Arizona Revised
and E. =. ordinance; FR 17878. Statutes (Thomson/
applicability; West, 2008).
violation; Submitted on May
classification. 25, 2012. ADEQ
clarified and
revised the May
25, 2012
submittal by
letter dated
September 26,
2013.
----------------------------------------------------------------------------------------------------------------
Title 11 (Counties)
Chapter 6 (County Planning and Zoning)
Article 6 (Air Quality)
----------------------------------------------------------------------------------------------------------------
11-871, excluding paragraphs C Emissions control; September 19, 2007 March 31, 2014, 79 Arizona Revised
through E.. no burn; FR 17878. Statutes (West,
exemptions; 2012). Submitted
penalty. on May 25, 2012.
ADEQ clarified
and revised the
May 25, 2012
submittal by
letter dated
September 26,
2013.
11-877.......................... Air quality September 19, 2007 December 3, 2013, Arizona Revised
control measures. 78 FR 72579. Statutes (West,
2012). Submitted
on May 25, 2012.
ADEQ clarified
and revised the
May 25, 2012
submittal by
letter dated
September 26,
2013.
----------------------------------------------------------------------------------------------------------------
[[Page 137]]
Title 28 (Transportation)
Chapter 3 (Traffic and Vehicle Regulation)
Article 18 (Vehicle Size, Weight and Load)
----------------------------------------------------------------------------------------------------------------
28-1098, excluding paragraphs B Vehicle loads; September 19, 2007 March 31, 2014, 79 Arizona Revised
and C. restrictions; FR 17878. Statutes (West,
civil penalties. 2012). Submitted
on May 25, 2012.
ADEQ clarified
and revised the
May 25, 2012
submittal by
letter dated
September 26,
2013.
----------------------------------------------------------------------------------------------------------------
Title 36 (Public Health and Safety)
Chapter 14 (Air Pollution)
Article 3 (Annual Emissions Inspection of Motor Vehicles)
----------------------------------------------------------------------------------------------------------------
36-1776......................... Fleet Emissions January 1, 1981... June 18, 1982, 47 Submitted on
Inspection FR 26382. August 5, 1981.
Stations;
Certificates of
Inspection;
Dealer's
Inventory;
Investigations;
Revocation of
Permit..
36-1777......................... Authority of January 1, 1981... June 18, 1982, 47 Submitted on
Director to FR 26382. August 5, 1981.
Acquire
Enforcement
Equipment; Random
Vehicle Tests..
36-1778......................... Improper January 1, 1981... June 18, 1982, 47 Submitted on
Representation.. FR 26382. August 5, 1981.
36-1779......................... False Certificates January 1, 1981... June 18, 1982, 47 Submitted on
FR 26382. August 5, 1981.
----------------------------------------------------------------------------------------------------------------
Title 41 (State Government)
Chapter 15 (Department of Weights and Measures)
Article 1 (General Provisions)
----------------------------------------------------------------------------------------------------------------
41-2051 (6), (10), (11), (12), Definitions--``Cer September 26, 2008 June 13, 2012, 77 Laws 2008, Ch.
and (13). tification,'' FR 35279. 254, Sec. 2.
``Department,'' Submitted on
``Diesel fuel,'' September 21,
``Director,'' and 2009.
``E85''.
----------------------------------------------------------------------------------------------------------------
[[Page 138]]
Article 3 (Method of Sale of Commodities and Services)
----------------------------------------------------------------------------------------------------------------
41-2083......................... Standards for July 18, 1996..... June 8, 2000, 65 Senate Bill 1002,
liquid fuels; FR 36353; section 26. In
exceptions. corrected March connection with
18, 2004, 69 FR approval of 1996
12802. Carbon Monoxide
Limited
Maintenance Plan
for the Tucson
Air Planning Area
(as updated
August 1997).
Previous versions
approved in
connection with
the Maricopa
County Ozone
Plan.
----------------------------------------------------------------------------------------------------------------
Article 5 (Regulation)
----------------------------------------------------------------------------------------------------------------
41-2113(B)(4)................... Violation; August 21, 1998... March 4, 2004, 69 Last amended Laws
classification; FR 10161.. 1998, Ch. 146,
jurisdiction. Sec. 16.
Submitted on
January 22, 2004.
41-2115......................... Civil Penalties... July 18, 2000..... March 4, 2004, 69 Last amended Laws
FR 10161.. 2000, Ch. 193,
Sec. 463.
Submitted on
January 22, 2004.
----------------------------------------------------------------------------------------------------------------
Article 6 (Motor Fuel)
----------------------------------------------------------------------------------------------------------------
41-2121......................... Definitions....... May 18, 1999...... June 8, 2000, 65 Submitted on
FR 36353.. September 1,
1999. House Bill
2189, section 9.
The definition of
``gasoline'' was
superseded at 77
FR 35279
(September 19,
2007)
41-2121(5)...................... Definitions September 19, 2007 June 13, 2012, 77 Laws 2007, Ch.
[``Gasoline'']. FR 35279. 292, Sec. 11.
Submitted on
September 21,
2009.
41-2122......................... Standards for July 18, 1996..... June 8, 2000, 65 Senate Bill 1002,
oxygenated fuel; FR 36353; section 27. In
volatility corrected March connection with
exceptions. 18, 2004, 69 FR approval of 1996
12802. Carbon Monoxide
Limited
Maintenance Plan
for the Tucson
Air Planning Area
(as updated
August 1997).
[[Page 139]]
41-2123......................... Area A; sale of August 6, 1999.... March 4, 2004, 69 Last amended Laws
gasoline; oxygen FR 10161. 1999, Ch. 295,
content. Sec. 11.
Submitted on
January 22, 2004.
41-2124......................... Area A; fuel July 18, 2000..... March 4, 2004, 69 Last amended Laws
formulation; FR 10161. 2000, Ch. 405,
rules. Sec. 21.
Submitted on
January 22, 2004.
41-2125......................... Area B; sale of July 18, 1996..... June 8, 2000, 65 Senate Bill 1002,
gasoline; oxygen FR 36353; section 28. In
content. corrected March connection with
18, 2004, 69 FR approval of 1996
12802. Carbon Monoxide
Limited
Maintenance Plan
for the Tucson
Air Planning Area
(as updated
August 1997).
----------------------------------------------------------------------------------------------------------------
Article 7 (Gasoline Vapor Control)
----------------------------------------------------------------------------------------------------------------
41-2131......................... Definitions....... April 22, 2014.... November 16, 2015, House Bill 2128,
80 FR 70689. section 5,
effective through
September 29,
2018. Includes
the text that
appears in all
capital letters
and excludes the
text that appears
in strikethrough.
Submitted on
September 2,
2014.
41-2131......................... Definitions....... April 22, 2014.... November 16, 2015, House Bill 2128,
80 FR 70689. section 6,
effective from
and after
September 30,
2018. Includes
the text that
appears in all
capital letters
and excludes the
text that appears
in strikethrough.
Submitted on
September 2,
2014.
[[Page 140]]
41-2132......................... Stage I vapor April 22, 2014.... November 16, 2015, House Bill 2128,
recovery systems. 80 FR 70689. section 7.
Includes the text
that appears in
all capital
letters and
excludes the text
that appears in
strikethrough.
Submitted on
September 2,
2014.
41-2133......................... Compliance April 22, 2014.... November 16, 2015, House Bill 2128,
schedules. 80 FR 70689. section 8.
Includes the text
that appears in
all capital
letters and
excludes the text
that appears in
strikethrough.
Submitted on
September 2,
2014.
41-2135......................... Stage II vapor April 22, 2014.... November 16, 2015, House Bill 2128,
recovery systems. 80 FR 70689. section 10.
Includes the text
that appears in
all capital
letters and
excludes the text
that appears in
strikethrough.
Submitted on
September 2,
2014. ARS 41-2135
is repealed from
and after
September 30,
2018 pursuant to
section 11 of
House Bill 2128.
----------------------------------------------------------------------------------------------------------------
Title 49 (The Environment)
Chapter 1 (General Provisions)
----------------------------------------------------------------------------------------------------------------
49-107.......................... Local delegation July 1, 1987...... November 2, 2015, Submitted on
of state 80 FR 67319. October 29, and
authority. supplemented on
September 6, 2013
and July 2, 2014.
----------------------------------------------------------------------------------------------------------------
Chapter 3 (Air Quality)
Article 1 (General Provisions)
----------------------------------------------------------------------------------------------------------------
49-401.01....................... Definitions....... May 18, 1999...... June 8, 2000, 65 Submitted on
FR 36353. September 1,
1999. House Bill
2189, section 40.
----------------------------------------------------------------------------------------------------------------
[[Page 141]]
Article 2 (State Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
49-454.......................... Adjusted work May 18, 1999...... June 8, 2000, 65 Submitted on
hours. FR 36353. September 1,
1999. House Bill
2189, section 43.
49-457.......................... Agricultural best May 29, 1998...... June 29, 1999, 64 Submitted on
management FR 34726. September 4,
practices 1998.
committee;
members; powers;
permits;
enforcement;
preemption;
definitions.
49-457.01....................... Leaf blower use September 19, 2007 December 3, 2013, Arizona Revised
restrictions and 78 FR 72579. Statutes (Thomson/
training; leaf West, 2005 mail
blowers equipment volume, 2012
sellers; cumulative pocket
informational part). Submitted
material; on May 25, 2012.
outreach; ADEQ clarified
applicability. and revised the
May 25, 2012
submittal by
letter dated
September 26,
2013.
49-457.03, excluding paragraphs Off-road vehicles; September 19, 2007 March 31, 2014, 79 Arizona Revised
C and D. pollution FR 17878. Statutes (West,
advisory days; 2012 Cumulative
applicability; Pocket Part).
penalties. Submitted on May
25, 2012. ADEQ
clarified and
revised the May
25, 2012
submittal by
letter dated
September 26,
2013.
49-457.04....................... Off-highway September 19, 2007 March 31, 2014, 79 Arizona Revised
vehicle and all- FR 17878. Statutes (West,
terrain vehicle 2012 Cumulative
dealers; Pocket Part).
informational Submitted on May
material; 25, 2012. ADEQ
outreach; clarified and
applicability. revised the May
25, 2012
submittal by
letter dated
September 26,
2013.
[[Page 142]]
49-457.05, excluding paragraph C Dust action July 20, 2011..... March 31, 2014, 79 Arizona Revised
and paragraphs E, F, G, and H. general permit; FR 17879. Statutes (West,
best management 2012 Cumulative
practices; Pocket Part).
applicability; Submitted on May
definitions. 25, 2012. ADEQ
clarified and
revised the May
25, 2012
submittal by
letter dated
September 26,
2013.
----------------------------------------------------------------------------------------------------------------
Article 3 (County Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
49-474.01....................... Additional board May 22, 1987...... August 10, 1988, Submitted on March
duties in 53 FR 30224; 23, 1988. Senate
nonattainment vacated; restored Bill 1360,
areas. on January 29, section
1991, 56 FR 3219. 18.[dagger]
49-474.01, excluding paragraphs Additional board September 19, 2007 December 3, 2013, Arizona Revised
A.1 through A.3, A.9, A.10; duties in vehicle 78 FR 72579. Statutes (Thomson/
paragraphs C through G, and emissions control West, 2005 mail
paragraph I. areas; volume, 2012
definitions. cumulative pocket
part). Submitted
on May 25, 2012.
ADEQ clarified
and revised the
May 25, 2012
submittal by
letter dated
September 26,
2013.
49-474.05....................... Dust control; September 19, 2007 December 3, 2013, Arizona Revised
training; site 78 FR 72579. Statutes (Thomson/
coordinators. West, 2005 mail
volume, 2012
cumulative pocket
part). Submitted
on May 25, 2012.
ADEQ clarified
and revised the
May 25, 2012
submittal by
letter dated
September 26,
2013.
49-474.06....................... Dust control; September 19, 2007 December 3, 2013, Arizona Revised
subcontractor 78 FR 72579. Statutes (Thomson/
registration; fee. West, 2005 mail
volume, 2012
cumulative pocket
part). Submitted
on May 25, 2012.
ADEQ clarified
and revised the
May 25, 2012
submittal by
letter dated
September 26,
2013.
[[Page 143]]
49-501, excluding paragraph A.1, Unlawful open September 19, 2007 March 31, 2014, 79 Arizona Revised
paragraphs B.2 through B.6, and burning; FR 17878. Statutes (West,
paragraphs D, E, G, and H. exceptions; civil 2012 Cumulative
penalty; Pocket Part).
definition. Submitted on May
25, 2012. ADEQ
clarified and
revised the May
25, 2012
submittal by
letter dated
September 26,
2013.
49-506.......................... Voluntary No-drive June 28, 1988..... August 10, 1988, Submitted on July
Days. 53 FR 30224; 18, 1988. House
vacated; restored Bill 2206,
on January 29, section
1991, 56 FR 3219. 17.[dagger]
----------------------------------------------------------------------------------------------------------------
Article 5 (Annual Emissions Inspection of Motor Vehicles)
----------------------------------------------------------------------------------------------------------------
49-541.......................... Definitions....... May 18, 1999...... June 8, 2000, 65 Submitted on
FR 36353 and also September 1,
January 22, 2003, 1999. House Bill
68 FR 2912. 2189, 44th
Legislature, 1st
Regular Session
(1999), section
44. Approved in
rulemakings
related to the
Tucson carbon
monoxide plan and
Arizona VEI
Program.
49-541, subsection (1).......... Definitions August 9, 2001.... May 22, 2013, 78 Submitted on May
[``Area A'']. FR 30209. 25, 2012. Arizona
Revised Statutes
(West Group, 2001
Cumulative Pocket
Part). Supported
by an affidavit
signed by Barbara
Howe, Law
Reference
Librarian,
Arizona State
Library, Archives
and Public
Records on May 3,
2012, certifying
authenticity of
reproduction of
A.R.S. Sec. 49-
451
(sic)(corrected
to Sec. 49-541
(2001 pocket
part).
[[Page 144]]
49-541.01, paragraphs D and E... Vehicle emissions May 18, 1999...... March 9, 2005, 70 Submitted on April
inspection FR 11553. 18, 2001 as part
program; constant of the Revised
four wheel drive MAG 1999 Serious
vehicles; Area Carbon
requirements; Monoxide Plan for
location; the Maricopa
violation; County
classification; Nonattainment
penalties; new Area, dated March
program 2001. Submitted
termination. as section 2 of
H.B. 2254 (1999).
49-542.......................... Emissions June 21, 2013..... May 22, 2013, 78 Submitted on
inspection FR 30209. November 6, 2009.
program; powers Arizona Revised
and duties of Statutes (Thomson
director; West, 2008
administration; Cumulative Pocket
periodic Part). Supported
inspection; by an affidavit
minimum standards signed by Efrem
and rules; K. Sepulveda, Law
exceptions; Librarian,
definition. Arizona State
Library, Archives
and Public
Records on
January 11, 2013,
certifying
authenticity of
reproduction of
A.R.S. Sec. 49-
542 (2008
edition) plus
title page to
pocket part of
Title 49 (2008
edition).
49-542.05....................... Alternative fuel December 14, 2000. January 22, 2003, Submitted on July
vehicles. 68 FR 2912. 6, 2001. Senate
Bill 1004, 44th
Legislature, 7th
Special Session
(2000), section
23. Related to
VEI Program.
49-543.......................... Emissions May 7, 2001....... January 22, 2003, Submitted on April
inspection costs; 68 FR 2912. 10, 2002. House
disposition; Bill 2538, 45th
fleet inspection; Legislature, 1st
certificates. Regular Session
(2001), section
11. Related to
VEI Program.
49-544.......................... Emissions May 20, 1998...... January 22, 2003, Submitted on July
inspection fund; 68 FR 2912. 6, 2001. Senate
composition; Bill 1007, 43rd
authorized Legislature, 4th
expenditures; Special Session
exemptions; (1998), section
investment. 15. Related to
VEI Program.
[[Page 145]]
49-545.......................... Agreement with April 28, 2000.... January 22, 2003, Submitted on July
independent 68 FR 2912. 6, 2001. House
contractor; Bill 2104, 44th
qualifications of Legislature, 2nd
contractor; Regular session
agreement (2000), section
provisions. 5. Related to VEI
Program.
49-550.......................... Violation; June 28, 1988..... August 10, 1988, Submitted on July
Classification; 53 FR 30224; 18, 1988. House
Civil Penalty. vacated; restored Bill 2206,
on January 29, section
1991, 56 FR 3219. 19.[dagger]
49-551.......................... Air quality fee; May 29, 1998...... January 22, 2003, Submitted on July
air quality fund; 68 FR 2912. 6, 2001. Senate
purpose. Bill 1427, 43rd
Legislature, 2nd
Regular Session
(1998), section
27. Related to
VEI Program.
49-552.......................... Enforcement on June 1, 1998...... March 9, 2005, 70 Submitted on April
city, town, FR 11553. 18, 2001 as part
county, school of the Revised
district or MAG 1999 Serious
special district Area Carbon
property. Monoxide Plan for
the Maricopa
County
Nonattainment
Area, dated March
2001. Submitted
as amended in
section 28 of
S.B. 1427 (1998).
49-553.......................... Reports to the June 28, 1988..... August 10, 1988, Submitted on July
Legislature by 53 FR 30224; 18, 1988. House
Department of vacated; restored Bill 2206,
Environmental on January 29, section
Quality. 1991, 56 FR 3219. 21.[dagger]
49-557.......................... Government January 1, 2002... June 8, 2000, 65 Submitted on
vehicles; FR 36353. September 1,
emissions 1999. House Bill
inspections; 2254, section 5.
noncompliance; Effective date
vehicle operation set in section 8
privilege of House Bill
suspension. 2254.
----------------------------------------------------------------------------------------------------------------
Article 7 (Emissions Control)
----------------------------------------------------------------------------------------------------------------
49-571.......................... Clean burning May 18, 1999...... June 8, 2000, 65 Submitted on
alternative fuel FR 36353. September 1,
requirements for 1999. House Bill
new buses; 2189, section 46.
definition.
[[Page 146]]
49-573.......................... Emissions January 1, 2002... June 8, 2000, 65 Submitted on
controls; federal FR 36353. September 1,
vehicles; 1999. House Bill
definition. 2254, section 6.
Effective date
set in section 8
of House Bill
2254.
----------------------------------------------------------------------------------------------------------------
Article 8 (Travel Reduction Programs)
----------------------------------------------------------------------------------------------------------------
49-581.......................... Definitions....... December 31, 1988. August 10, 1988, Submitted on July
53 FR 30224; 18, 1988. House
vacated; restored Bill 2206,
on January 29, section 23. House
1991, 56 FR 3219. Bill section 25
lowered the
threshold
defining ``major
employer'' from
500 or more
employers between
December 31, 1988-
September 30,
1989, to 200 or
more from
September 30,
1989-December 31,
1989, to 100 or
more thereafter.
Delayed effective
date per section
29 of HB
2206.[dagger]
49-582.......................... Travel Reduction December 31, 1988. August 10, 1988, Submitted on July
Program Regional 53 FR 30224; 18, 1988. House
Task Force; vacated; restored Bill 2206,
Composition. on January 29, section 23.
1991, 56 FR 3219. Delayed effective
date per section
29 of HB
2206.[dagger]
49-583.......................... Duties and Powers December 31, 1988. August 10, 1988, Submitted on July
of the Task Force. 53 FR 30224; 18, 1988. House
vacated; restored Bill 2206,
on January 29, section 23.
1991, 56 FR 3219. Delayed effective
date per section
29 of HB
2206.[dagger]
49-584.......................... Staff Duties...... December 31, 1988. August 10, 1988, Submitted on July
53 FR 30224; 18, 1988. House
vacated; restored Bill 2206,
on January 29, section 23.
1991, 56 FR 3219. Delayed effective
date per section
29 of HB
2206.[dagger]
49-585.......................... Powers and Duties December 31, 1988. August 10, 1988, Submitted on July
of the Board. 53 FR 30224; 18, 1988. House
vacated; restored Bill 2206,
on January 29, section 23.
1991, 56 FR 3219. Delayed effective
date per section
29 of HB
2206.[dagger]
[[Page 147]]
49-586.......................... Enforcement by December 31, 1988. August 10, 1988, Submitted on July
Cities or Towns. 53 FR 30224; 18, 1988. House
vacated; restored Bill 2206,
on January 29, section 23.
1991, 56 FR 3219. Delayed effective
date per section
29 of HB
2206.[dagger]
49-588.......................... Requirements for December 31, 1988. August 10, 1988, Submitted on July
Major Employers. 53 FR 30224; 18, 1988. House
vacated; restored Bill 2206,
on January 29, section 23.
1991, 56 FR 3219. Delayed effective
date per section
29 of HB
2206.[dagger]
49-590.......................... Requirements for December 31, 1988. August 10, 1988, Submitted on July
High Schools. 53 FR 30224; 18, 1988. House
vacated; restored Bill 2206,
on January 29, section
1991, 56 FR 3219. 23.[dagger]
49-593.......................... Violations; Civil December 31, 1988. August 10, 1988, Submitted on July
Penalties. 53 FR 30224; 18, 1988. House
vacated; restored Bill 2206,
on January 29, section 23.
1991, 56 FR 3219. Delayed effective
date per section
29 of HB
2206.[dagger]
----------------------------------------------------------------------------------------------------------------
\1\ The statutory provisions listed in table 1 of paragraph (c) are considered regulatory. Other statutory
provisions are considered nonregulatory and are listed in table 3 of paragraph (e).
[dagger] Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir.
1990). Restored on January 29, 1991, 56 FR 3219.
Table 2--EPA-Approved Arizona Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
State citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
ARIZONA ADMINISTRATIVE CODE
Title 9 (Health Services)
Chapter 3
----------------------------------------------------------------------------------------------------------------
Article 1
----------------------------------------------------------------------------------------------------------------
R9-3-101........................ Definitions May 28, 1982...... May 3, 1983, 48 FR Included 36
[``Begin actual 19878. defined terms.
construction'']. All but one
(``Begin actual
construction'')
have been
superseded by
subsequent
approvals of R18-
2-101, R18-2-217,
R18-2-218, R18-2-
301, R18-2-401,
and R18-2-701.
Submitted on June
3, 1982.
7-1-1.1 (R9-3-101).............. Policy and Legal August 20, 1973... July 31, 1978, 43 Submitted on
Authority. FR 33245. August 20, 1973.
[[Page 148]]
7-1-1.3 (R9-3-103, excluding Air Pollution August 20, 1973... July 31, 1978, 43 Submitted on
paragraph E). Prohibited. FR 33245. August 20, 1973.
EPA disapproved
Paragraph E--see
40 CFR 52.133(b).
7-1-1.5 (R9-3-105).............. Enforcement....... August 20, 1973... July 31, 1978, 43 Submitted on
FR 33245. August 20, 1973.
----------------------------------------------------------------------------------------------------------------
Article 2
----------------------------------------------------------------------------------------------------------------
R9-3-217, paragraph A........... Attainment Areas; May 14, 1979...... April 23, 1982, 47 Submitted on
Classification FR 17483. January 4, 1979.
and Standards. Paragraph B was
deleted at 80 FR
67319 (November
2, 2015).
----------------------------------------------------------------------------------------------------------------
Article 4
----------------------------------------------------------------------------------------------------------------
7-1-4.5 (R9-3-405).............. Sulfur Emissions: August 20, 1973... July 31, 1978, 43 Submitted on
Other Industries. FR 33245. August 20, 1973.
R9-3-409........................ Agricultural May 14, 1979...... April 23, 1982, 47 Submitted on
Practices. FR 17483. January 4, 1979.
----------------------------------------------------------------------------------------------------------------
Article 5
----------------------------------------------------------------------------------------------------------------
R9-3-505, paragraphs B to B.1, Standards of May 28, 1982...... September 28, Submitted on June
B.2, B.3 and B.4. Performance for 1982, 47 FR 42572. 3, 1982.
Existing Portland
Cement Plants.
R9-3-505, paragraphs B.1.a and Standards of July 25, 1979..... April 23, 1982, 47 Submitted on July
B.2.a. Performance for FR 17483. 17, 1980.
Existing Portland
Cement Plants.
R9-3-505, paragraphs A, B.1.b, Standards of May 14, 1979...... April 23, 1982, 47 Submitted on
B.2.b, and B.3 to D. Performance for FR 17483. January 4, 1979.
Existing Portland
Cement Plants.
R9-3-508, paragraphs B to B.1, Standards of May 28, 1982...... September 28, Submitted on June
B.2, and B.5. Performance for 1982, 47 FR 42572. 3, 1982.
Existing Asphalt
Concrete Plants.
R9-3-508, paragraphs B.1 to B.6. Standards of July 25, 1979..... April 23, 1982, 47 Submitted on April
Performance for FR 17483. 1, 1980.
Existing Asphalt
Concrete Plants.
R9-3-508, paragraphs A and C.... Standards of May 14, 1979...... April 23, 1982, 47 Submitted on
Performance for FR 17483. January 4, 1979.
Existing Asphalt
Concrete Plants.
R9-3-516, paragraphs A to A.1 Standards of May 28, 1982...... September 28, Submitted on June
and A.2. Performance for 1982, 47 FR 42572. 3, 1982.
Existing Coal
Preparation
Plants.
R9-3-516, paragraphs A.1 to A.6. Standards of July 25, 1979..... April 23, 1982, 47 Submitted on April
Performance for FR 17483. 1, 1980.
Existing Coal
Preparation
Plants.
[[Page 149]]
R9-3-516, paragraph B........... Standards of May 14, 1979...... April 23, 1982, 47 Submitted on
Performance for FR 17483. January 4, 1979.
Existing Coal
Preparation
Plants.
R9-3-521, paragraphs A to A.1 Standards of May 28, 1982...... September 28, Submitted on June
and A.2. Performance for 1982, 47 FR 42572. 3, 1982.
Existing
Nonferrous Metals
Industry Sources.
R9-3-521, paragraphs A.1 to A.5. Standards of July 25, 1979..... April 23, 1982, 47 Submitted on April
Performance for FR 17483. 1, 1980.
Existing
Nonferrous Metals
Industry Sources.
R9-3-521, paragraphs B to D..... Standards of May 14, 1979...... April 23, 1982, 47 Submitted on
Performance for FR 17483. January 4, 1979.
Existing
Nonferrous Metals
Industry Sources.
R9-3-522, paragraphs A to A.1 Standards of May 28, 1982...... September 28, Submitted on June
and A.2. Performance for 1982, 47 FR 42572. 3, 1982.
Existing Gravel
or Crushed Stone
Processing Plants.
R9-3-522, paragraphs A.1 to A.5, Standards of May 14, 1979...... April 23, 1982, 47 Submitted on
B, and C. Performance for FR 17483. January 4, 1979.
Existing Gravel
or Crushed Stone
Processing Plants.
----------------------------------------------------------------------------------------------------------------
Title 18 (Environmental Quality)
Chapter 2 (Department of Environmental Quality Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
Article 1 (General)
----------------------------------------------------------------------------------------------------------------
R18-2-101 (except 20)........... Definitions....... March 21, 2017.... 83 FR 19631, May Submitted on April
4, 2018. 28, 2017.
R18-2-102....................... Incorporated August 7, 2012.... September 23, Submitted on
materials. 2014, 79 FR 56655. October 29, 2012,
and supplemented
on September 6,
2013. AAC, title
18, chapter 2,
supp. 12-2, June
30, 2012.
----------------------------------------------------------------------------------------------------------------
Article 2 (Ambient Air Quality Standards; Area Designations; Classifications)
----------------------------------------------------------------------------------------------------------------
R18-2-201....................... Particulate March 21, 2017.... 83 FR 19631, May Submitted on April
Matter: PM10 and 4, 2018. 28, 2017.
PM2.5.
R18-2-202....................... Sulfur Oxides August 7, 2012.... September 23, Submitted on
(Sulfur Dioxide). 2014, 79 FR 56655. October 29, 2012,
and supplemented
on September 6,
2013. AAC, title
18, chapter 2,
supp. 12-2, June
30, 2012.
R18-2-203....................... Ozone............. March 21, 2017.... 83 FR 19631, May Submitted on April
4, 2018. 28, 2017.
[[Page 150]]
R18-2-204....................... Carbon monoxide... September 26, 1990 September 23, Submitted on July
2014, 79 FR 56655. 28, 2011, and
supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-205....................... Nitrogen Oxides August 7, 2012.... September 23, Submitted on
(Nitrogen 2014, 79 FR 56655. October 29, 2012,
Dioxide). and supplemented
on September 6,
2013. AAC, title
18, chapter 2,
supp. 12-2, June
30, 2012.
R18-2-206....................... Lead.............. August 7, 2012.... September 23, Submitted on
2014, 79 FR 56655. October 29, 2012,
and supplemented
on September 6,
2013. AAC, title
18, chapter 2,
supp. 12-2, June
30, 2012.
R18-2-210....................... Attainment, July 2, 2015...... May 1, 2017, 82 FR Submitted on
Nonattainment, 20267. December 21,
and 2015.
Unclassifiable
Area Designations.
R18-2-215....................... Ambient air September 26, 1990 September 23, Submitted on
quality 2014, 79 FR 56655. October 29, 2012,
monitoring and supplemented
methods and on September 6,
procedures. 2013. AAC, title
18, chapter 2,
supp. 12-2, June
30, 2012.
R18-2-216....................... Interpretation of March 7, 2009..... September 23, Submitted on
Ambient Air 2014, 79 FR 56655. October 29, 2012,
Quality Standards and supplemented
and Evaluation of on September 6,
Air Quality Data. 2013. AAC, title
18, chapter 2,
supp. 12-2, June
30, 2012.
R18-2-217....................... Designation and March 21, 2017.... 83 FR 19631, May Submitted on April
Classification of 4, 2018. 28, 2017.
Attainment Areas.
R18-2-218....................... Limitation of March 21, 2017.... 83 FR 19631, May Submitted on April
Pollutants in 4, 2018. 28, 2017.
Classified
Attainment Areas.
R18-2-220....................... Air pollution September 26, 1990 October 15, 2012, Submitted on
emergency 77 FR 62452. August 15, 1994.
episodes,
Department of
Environmental
Quality-Air
Pollution Control.
----------------------------------------------------------------------------------------------------------------
[[Page 151]]
Article 3 (Permits and Permit Revisions)
----------------------------------------------------------------------------------------------------------------
R18-2-301....................... Definitions....... August 7, 2012.... November 2, 2015, Submitted on
80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-302....................... Applicability; August 7, 2012.... November 2, 2015, Submitted on
Registration; 80 FR 67319. October 29, 2012,
Classes of and supplemented
Permits. on September 6,
2013 and July 2,
2014.
R18-2-302.01.................... Source August 7, 2012.... November 2, 2015, Submitted on
Registration 80 FR 67319. October 29, 2012,
Requirements. and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-303....................... Transition from August 7, 2012.... November 2, 2015, Submitted on
Installation and 80 FR 67319. October 29, 2012,
Operating Permit and supplemented
Program to on September 6,
Unitary Permit 2013 and July 2,
Program; 2014.
Registration
Transition; Minor
NSR Transition.
R18-2-304....................... Permit Application August 7, 2012.... November 2, 2015, Submitted on
Processing 80 FR 67319. October 29, 2012,
Procedures. and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-306....................... Permit Contents... December 20, 1999. November 2, 2015, Submitted on
80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-306.01.................... Permits Containing January 1, 2007... November 2, 2015, Submitted on
Voluntarily 80 FR 67319. October 29, 2012,
Accepted Emission and supplemented
Limitations and on September 6,
Standards. 2013 and July 2,
2014.
R18-2-306.02.................... Establishment of September 22, 1999 November 2, 2015, Submitted on
an Emissions Cap. 80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-310....................... Affirmative February 15, 2001. September 18, Submitted on March
Defenses for 2001, 66 FR 48087. 26, 2001.
Excess Emissions
Due to
Malfunctions,
Startup, and
Shutdown.
[[Page 152]]
R18-2-310.01.................... Reporting February 15, 2001. September 18, Submitted on March
Requirements. 2001, 66 FR 48087. 26, 2001.
R18-2-311....................... Test Methods and November 15, 1993. November 2, 2015, Submitted on July
Procedures. 80 FR 67319. 28, 2011.
R18-2-312....................... Performance Tests. November 15, 1993. November 2, 2015, Submitted on July
80 FR 67319. 28, 2011.
R18-2-313....................... Existing Source February 15, 2001. November 5, 2012, Submitted on
Emission 77 FR 66405. August 24, 2012.
Monitoring.
R18-2-315....................... Posting of Permit. November 15, 1993. November 2, 2015, Submitted on
80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-316....................... Notice by Building May 14, 1979...... November 2, 2015, Submitted on
Permit Agencies. 80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-319....................... Minor Permit August 7, 2012.... November 2, 2015, Submitted on
Revisions. 80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-320....................... Significant Permit August 7, 2012.... November 2, 2015, Submitted on
Revisions. 80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-321....................... Permit Reopenings; August 7, 2012.... November 2, 2015, Submitted on
Revocation and 80 FR 67319. October 29, 2012,
Reissuance; and supplemented
Termination. on September 6,
2013 and July 2,
2014.
R18-2-323....................... Permit Transfers.. February 3, 2007.. November 2, 2015, Submitted on
80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-327....................... Annual Emissions December 7, 1995.. November 5, 2012, Submitted on
inventory 77 FR 66405. August 24, 2012.
Questionnaire.
R18-2-330....................... Public March 21, 2017.... 83 FR 19631, May Submitted on April
Participation. 4, 2018. 28, 2017.
R18-2-332....................... Stack Height March 21, 2017.... 83 FR 19631, May Submitted on April
Limitation. 4, 2018. 28, 2017.
R18-2-334....................... Minor New Source August 7, 2012.... November 2, 2015, Submitted on
Review. 80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
----------------------------------------------------------------------------------------------------------------
[[Page 153]]
Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources)
----------------------------------------------------------------------------------------------------------------
R18-2-401....................... Definitions....... March 21, 2017.... 83 FR 19631, May Submitted on April
4, 2018. 28, 2017.
R18-2-402....................... General........... March 21, 2017.... 83 FR 19631, May Submitted on April
4, 2018. 28, 2017.
R18-2-403....................... Permits for R18-2-403......... 83 FR 19631, May Submitted on April
Sources Located 4, 2018. 28, 2017.
in Nonattainment
Areas.
R18-2-404....................... Offset Standards.. March 21, 2017.... 83 FR 19631, May Submitted on April
4, 2018. 28, 2017.
R18-2-405....................... Special Rule for March 21, 2017.... 83 FR 19631, May Submitted on April
Major Sources of 4, 2018. 28, 2017.
VOC or Nitrogen
Oxides in Ozone
Nonattainment
Areas Classified
as Serious or
Severe.
R18-2-406....................... Permit March 21, 2017.... 83 FR 19631, May Submitted on April
Requirements for 4, 2018. 28, 2017.
Sources Located
in Attainment and
Unclassifiable
Areas.
R18-2-407....................... Air Quality Impact March 21, 2017.... 83 FR 19631, May Submitted on April
Analysis and 4, 2018. 28, 2017.
Monitoring
Requirements.
R18-2-408....................... Innovative Control March 21, 2017.... 83 FR 19631, May Submitted on April
Technology. 4, 2018. 28, 2017.
R18-2-409....................... Air Quality Models November 15, 1993. November 2, 2015, Submitted on
80 FR 67319. October 29, 2012,
and supplemented
on September 6,
2013 and July 2,
2014.
R18-2-410....................... Visibility and Air March 21, 2017.... 83 FR 19631, May Submitted on April
Quality Related 4, 2018. 28, 2017.
Value Protection.
R18-2-411....................... Permit March 21, 2017.... 83 FR 19631, May Submitted on April
Requirements for 4, 2018. 28, 2017.
Sources that
Locate in
Attainment or
Unclassifiable
Areas and Cause
or Contribute to
a Violation of
Any National
Ambient Air
Quality Standard.
R18-2-412....................... PALs.............. March 21, 2017.... 83 FR 19631, May Submitted on April
4, 2018. 28, 2017.
----------------------------------------------------------------------------------------------------------------
[[Page 154]]
Article 6 (Emissions from Existing and New Nonpoint Sources)
----------------------------------------------------------------------------------------------------------------
R18-2-601....................... General........... November 15, 1993. September 23, Submitted on July
2014, 79 FR 56655. 15, 1998, and
supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-602....................... Unlawful Open March 16, 2004.... May 16, 2006, 71 Submitted on
Burning. FR 28270. December 30,
2004.
R18-2-604....................... Open Areas, Dry November 15, 1993. September 23, Submitted on July
Washes or 2014, 79 FR 56655. 15, 1998, and
Riverbeds. supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-605....................... Roadways and November 15, 1993. September 23, Submitted on July
Streets. 2014, 79 FR 56655. 15, 1998, and
supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-606....................... Material Handling. November 15, 1993. September 23, Submitted on July
2014, 79 FR 56655. 15, 1998, and
supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-607....................... Storage Piles..... November 15, 1993. September 23, Submitted on July
2014, 79 FR 56655. 15, 1998, and
supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-608....................... Mineral Tailings.. March 7, 2009..... September 23, Submitted on July
2014, 79 FR 56655. 28, 2011, and
supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
09-1, March 31,
2009.
R18-2-610....................... [Definitions for May 12, 2000...... October 11, 2001, Submitted on July
R18-2-611]. 66 FR 51869. 11, 2000.
R18-2-610....................... Definitions for July 2, 2015...... May 1, 2017, 82 FR Submitted on
R18-2-610.01, R18- 20267. December 21,
2-610.02, and R18- 2015.
2-610.03.
[[Page 155]]
R18-2-610.03.................... Agricultural PM July 2, 2015...... May 1, 2017, 82 FR Submitted on
General Permit 20267. December 21,
for Crop 2015.
Operations; Pinal
County PM
Nonattainment
Area.
R18-2-611....................... Agricultural PM10 May 12, 2000...... October 11, 2001, Submitted on July
General Permit; 66 FR 51869. 11, 2000.
Maricopa PM10
Nonattainment
Area.
R18-2-612....................... Definitions for July 2, 2015...... May 1, 2017, 82 FR Submitted on
R18-2-612.01. 20267. December 21,
2015.
R18-2-612.01.................... Agricultural PM July 2, 2015...... May 1, 2017, 82 FR Submitted on
General Permit 20267. December 21,
for Irrigation 2015.
Districts; PM
Nonattainment
Areas Designated
After June 1,
2009.
R18-2-614....................... Evaluation of August 7, 2012.... September 23, Submitted on July
nonpoint source 2014, 79 FR 56655. 15, 1998, and
emissions. supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
----------------------------------------------------------------------------------------------------------------
Article 7 (Existing Stationary Source Performance Standards)
----------------------------------------------------------------------------------------------------------------
R18-2-701....................... Definitions....... August 7, 2012.... September 23, Submitted on
2014, 79 FR 56655. October 29, 2012,
and supplemented
on September 6,
2013. AAC, title
18, chapter 2,
supp. 12-2, June
30, 2012.
R18-2-702....................... General Provisions February 3, 2004.. August 24, 2004, Establishes
69 FR 51952. opacity
standards.
Submitted on
January 16, 2004.
R18-2-703....................... Standards of March 7, 2009..... September 23, Submitted on July
Performance for 2014, 79 FR 56655. 28, 2011, and
Existing Fossil- supplemented on
Fuel Fired Steam May 16, 2014.
Generators and AAC, title 18,
General Fuel chapter 2, supp.
Burning Equipment. 09-1, March 31,
2009.
R18-2-704....................... Standards of August 4, 2007.... September 23, Submitted on July
Performance for 2014, 79 FR 56655. 28, 2011, and
Incineration. supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
09-1, March 31,
2009.
[[Page 156]]
R18-2-706....................... Standards of November 15, 1993. September 23, Submitted on July
Performance for 2014, 79 FR 56655. 15, 1998, and
Existing Nitric supplemented on
Acid Plants. May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-707....................... Standards of November 15, 1993. September 23, Submitted on July
Performance for 2014, 79 FR 56655. 15, 1998, and
Existing Sulfuric supplemented on
Acid Plants. May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-710....................... Standards of November 15, 1993. March 24, 2003, 68 Submitted on July
Performance for FR 14151. 15, 1998.
Existing Vessels
for Petroleum
Liquids.
R18-2-714....................... Standards of November 15, 1993. September 23, Submitted on July
Performance for 2014, 79 FR 56655. 15, 1998, and
Existing Sewage supplemented on
Treatment Plants. May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-715, sections F, G, and H. Standards of March 7, 2009..... September 23, Submitted on July
Performance for 2014, 79 FR 56655. 28, 2011, and
Existing Primary supplemented on
Copper Smelters: May 16, 2014.
Site-Specific AAC, title 18,
Requirements. chapter 2, supp.
09-1, March 31,
2009.
R18-2-715.01.................... Standards of July 18, 2002..... November 1, 2004, Submitted on
Performance for 69 FR 63321. September 12,
Existing Primary 2003.
Copper Smelters,
Compliance and
Monitoring.
R18-2-715.02.................... Standards of 5/7/2017.......... 11/14/2018, 83 FR Submitted by the
Performance for 56736. Governor's
Existing Primary designee on April
Copper Smelters; 6, 2017.
Fugitive
Emissions.
R18-2-719....................... Standards of March 7, 2009..... September 23, Submitted on July
Performance for 2014, 79 FR 56655. 28, 2011, and
Existing supplemented on
Stationary May 16, 2014.
Rotating AAC, title 18,
Machinery. chapter 2, supp.
12-2, June 30,
2012.
[[Page 157]]
R18-2-720....................... Standards of March 7, 2009..... September 23, Submitted on July
Performance for 2014, 79 FR 56655. 28, 2011, and
Existing Lime supplemented on
Manufacturing May 16, 2014.
Plants. AAC, title 18,
chapter 2, supp.
09-1, March 31,
2009.
R18-2-723....................... Standards of November 15, 1993. September 23, Submitted on July
Performance for 2014, 79 FR 56655. 15, 1998, and
Existing Concrete supplemented on
Batch Plants. May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-724....................... Standards of March 7, 2009..... September 23, Submitted on July
Performance for 2014, 79 FR 56655. 28, 2011, and
Existing Fossil- supplemented on
Fuel Fired May 16, 2014.
Industrial and AAC, title 18,
Commercial chapter 2, supp.
Equipment. 09-1, March 31,
2009.
R18-2-725....................... Standards of November 15, 1993. March 24, 2003, 68 Submitted on July
Performance for FR 14151. 15, 1998.
Existing Dry
Cleaning Plants.
R18-2-726....................... Sandblasting November 15, 1993. September 23, Submitted on July
Operations. 2014, 79 FR 56655. 15, 1998, and
supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
12-2, June 30,
2012.
R18-2-727....................... Standards of November 15, 1993. March 24, 2003, 68 Submitted on July
Performance for FR 14151. 15, 1998.
Spray Painting
Operations.
R18-2-728....................... Standards of November 15, 1993. September 23, Submitted on July
Performance for 2014, 79 FR 56655. 15, 1998, and
Existing Ammonium supplemented on
Sulfide May 16, 2014.
Manufacturing AAC, title 18,
Plants. chapter 2, supp.
12-2, June 30,
2012.
R18-2-729....................... Standards of August 4, 2007.... September 23, Submitted on July
Performance for 2014, 79 FR 56655. 28, 2011, and
Cotton Gins. supplemented on
May 16, 2014.
AAC, title 18,
chapter 2, supp.
09-1, March 31,
2009.
[[Page 158]]
R18-2-730....................... Standards of March 7, 2009..... September 23, Submitted on July
Performance for 2014, 79 FR 56655. 28, 2011, and
Unclassified supplemented on
Sources. May 16, 2014.
AAC, title 18,
chapter 2, supp.
09-1, March 31,
2009.
R18-2-732....................... Standards of August 4, 2007.... September 23, Submitted on July
Performance for 2014, 79 FR 56655. 28, 2011, and
Existing Hospital/ supplemented on
Medical/ May 16, 2014.
Infectious Waste AAC, title 18,
Incinerators. chapter 2, supp.
09-2, June 30,
2009.
----------------------------------------------------------------------------------------------------------------
Article 8 (Emissions from Mobile Sources (New and Existing))
----------------------------------------------------------------------------------------------------------------
R18-2-801....................... Classification of November 15, 1993. March 24, 2003, 68 Submitted on July
Mobile Sources. FR 14151. 15, 1998.
R18-2-802....................... Off-Road Machinery November 15, 1993. March 24, 2003, 68 Submitted on July
FR 14151. 15, 1998.
R18-2-803....................... Heater-Planer November 15, 1993. March 24, 2003, 68 Submitted on July
Units. FR 14151. 15, 1998.
R18-2-804....................... Roadway and Site November 15, 1993. March 24, 2003, 68 Submitted on July
Cleaning FR 14151. 15, 1998.
Machinery.
R18-2-805....................... Asphalt and Tar November 15, 1993. March 24, 2003, 68 Submitted on July
Kettles. FR 14151. 15, 1998.
----------------------------------------------------------------------------------------------------------------
Article 10 (Motor Vehicles; Inspections and Maintenance)
----------------------------------------------------------------------------------------------------------------
R18-2-1001...................... Definitions....... December 20, 1999. January 22, 2003, Submitted on July
68 FR 2912. 6, 2001.
R18-2-1003...................... Vehicles to be June 28, 2000..... January 22, 2003, Submitted on July
Inspected by the 68 FR 2912. 6, 2001.
Mandatory Vehicle
Emissions
Inspection
Program.
R18-2-1005...................... Time of Inspection December 20, 1999. January 22, 2003, Submitted on July
68 FR 2912. 6, 2001.
R18-2-1006...................... Emissions Test January 1, 2002... January 22, 2003, Submitted on April
Procedures. 68 FR 2912. 10, 2002.
R18-2-1007...................... Evidence of December 20, 1999. January 22, 2003, Submitted on July
Meeting State 68 FR 2912. 6, 2001.
Inspection
Requirements.
R18-2-1008...................... Procedure for December 20, 1999. January 22, 2003, Submitted on July
Issuing 68 FR 2912. 6, 2001.
Certificates of
Waiver.
R18-2-1009...................... Tampering Repair December 20, 1999. January 22, 2003, Submitted on July
Requirements. 68 FR 2912. 6, 2001.
R18-2-1010...................... Low Emissions Tune- December 20, 1999. January 22, 2003, Submitted on July
up, Emissions and 68 FR 2912. 6, 2001.
Evaporative
System Repair.
R18-2-1011...................... Vehicle Inspection December 20, 1999. January 22, 2003, Submitted on July
Report. 68 FR 2912. 6, 2001.
R18-2-1012...................... Inspection December 20, 1999. January 22, 2003, Submitted on July
Procedures and 68 FR 2912. 6, 2001.
Fee.
[[Page 159]]
R18-2-1013...................... Reinspections..... December 20, 1999. January 22, 2003, Submitted on July
68 FR 2912. 6, 2001.
R18-2-1016...................... Licensing of January 14, 2000.. January 22, 2003, Submitted on July
Inspectors. 68 FR 2912. 6, 2001.
R18-2-1017...................... Inspection of January 14, 2000.. January 22, 2003, Submitted on July
Government 68 FR 2912. 6, 2001.
Vehicles.
R18-2-1018...................... Certificate of January 14, 2000.. January 22, 2003, Submitted on July
Inspection. 68 FR 2912. 6, 2001.
R18-2-1019...................... Fleet Station January 1, 2002... January 22, 2003, Submitted on April
Procedures and 68 FR 2912. 10, 2002.
Permits.
R18-2-1022...................... Procedure for January 14, 2000.. January 22, 2003, Submitted on July
Waiving 68 FR 2912. 6, 2001.
Inspections Due
to Technical
Difficulties.
R18-2-1023...................... Certificate of January 14, 2000.. January 22, 2003, Submitted on July
Exemption for Out- 68 FR 2912. 6, 2001.
of-State Vehicles.
R18-2-1025...................... Inspection of January 14, 2000.. January 22, 2003, Submitted on July
Contractor's 68 FR 2912. 6, 2001.
Equipment and
Personnel.
R18-2-1026...................... Inspection of January 14, 2000.. January 22, 2003, Submitted on July
Fleet Stations. 68 FR 2912. 6, 2001.
R18-2-1027...................... Registration and January 14, 2000.. January 22, 2003, Submitted on July
Inspection of 68 FR 2912. 6, 2001.
Emission
Analyzers and
Opacity Meters.
R18-2-1028...................... Certification of January 14, 2000.. January 22, 2003, Submitted on July
Users of 68 FR 2912. 6, 2001.
Registered
Analyzers and
Analyzer Repair
Persons.
R18-2-1029...................... Vehicle Emission January 14, 2000.. January 22, 2003, Submitted on July
Control Devices. 68 FR 2912. 6, 2001.
R18-2-1030...................... Visible Emissions; January 14, 2000.. January 22, 2003, Submitted on July
Mobile Sources. 68 FR 2912. 6, 2001.
R18-2-1031...................... Standards for December 20, 1999. January 22, 2003, Submitted on July
Evaluating the 68 FR 2912. 6, 2001.
Oxidation
Efficiency of a
Catalytic
Converter.
Table 1......................... Dynamometer November 14, 1994. January 22, 2003, Table 1 is cited
Loading Table-- 68 FR 2912. in R18-2-1006.
Annual Tests. Submitted on July
6, 2001.
Table 2......................... Emissions June 21, 1995..... January 22, 2003, Table 2 is cited
Standards--Annual 68 FR 2912. in R18-2-1006 and
Tests, Maximum R18-2-1019.
Allowable. Submitted on July
6, 2001.
Table 3......................... Emissions December 20, 1999. January 22, 2003, Table 3 is cited
Standards--Bienni 68 FR 2912. in R18-2-1006.
al Tests. Submitted on July
6, 2001.
[[Page 160]]
Table 4......................... Transient Driving December 20, 1999. January 22, 2003, Table 4 is cited
Cycle. 68 FR 2912. in R18-2-1006 and
R18-2-1016.
Submitted on July
6, 2001.
Table 5......................... Tolerances........ November 14, 1994. January 22, 2003, Table 5 is cited
68 FR 2912. in R18-2-1006.
Submitted on July
6, 2001.
Table 6......................... Emissions December 20, 1999. January 22, 2003, Table 6 is cited
Standards--Remote 68 FR 2912. in the VEI
Sensing regulations.
Identification. Submitted on July
6, 2001.
----------------------------------------------------------------------------------------------------------------
Article 13 (State Implementation Plan Rules For Specific Locations)
----------------------------------------------------------------------------------------------------------------
R18-2-B1301..................... Limits on Lead 7/1/2018.......... 11/14/2018, 83 FR Submitted by the
Emissions from 56736. Governor's
the Hayden designee on April
Smelter. 6, 2017.
R18-2-B1301.01.................. Limits on Lead- December 1, 2018.. February 22, 2018, Submitted on April
Bearing Fugitive 83 FR 7614. 6, 2017.
Dust from the
Hayden Smelter.
R18-2-C1302, excluding Limits on SO2 12/14/2018........ 11/14/2018, 83 FR Submitted by the
subsection (E)(6). Emissions from 56736. Governor's
the Miami Smelter. designee on April
6, 2017.
Subsection (E)(6)
was withdrawn by
the Arizona
Department of
Environmental
Quality.
Appendix 14..................... Procedures for 5/7/2017.......... 11/14/2018, 83 FR Submitted by the
Sulfur Dioxide 56736. Governor's
and Lead Fugitive designee on April
Emissions Studies 6, 2017.
for the Hayden
Smelter.
Appendix 15..................... Test Methods for May 7, 2017....... February 22, 2018, Submitted on April
Determining 83 FR 7614. 6, 2017.
Opacity and
Stabilization of
Unpaved Roads.
----------------------------------------------------------------------------------------------------------------
Article 14 (Conformity Determinations)
----------------------------------------------------------------------------------------------------------------
R18-2-1438...................... General Conformity January 31, 1995.. April 23, 1999, 64 Submitted on March
for Federal FR 19916. 3, 1995.
Actions.
----------------------------------------------------------------------------------------------------------------
Article 15 (Forest and Range Management Burns)
----------------------------------------------------------------------------------------------------------------
R18-2-1501...................... Definitions....... March 16, 2004.... May 16, 2006, 71 Submitted on
FR 28270. December 30,
2004.
R18-2-1502...................... Applicability..... March 16, 2004.... May 16, 2006, 71 Submitted on
FR 28270. December 30,
2004.
R18-2-1503...................... Annual March 16, 2004.... May 16, 2006, 71 Submitted on
Registration. FR 28270. December 30,
2004.
R18-2-1504...................... Prescribed Burn March 16, 2004.... May 16, 2006, 71 Submitted on
Plan. FR 28270. December 30,
2004.
[[Page 161]]
R18-2-1505...................... Prescribed Burn March 16, 2004.... May 16, 2006, 71 Submitted on
Requests and FR 28270. December 30,
Authorization. 2004.
R18-2-1506...................... Smoke Dispersion March 16, 2004.... May 16, 2006, 71 Submitted on
and Evaluation. FR 28270. December 30,
2004.
R18-2-1507...................... Prescribed Burn March 16, 2004.... May 16, 2006, 71 Submitted on
Accomplishment; FR 28270. December 30,
Wildlife 2004.
Reporting.
R18-2-1508...................... Wildland Fire Use: March 16, 2004.... May 16, 2006, 71 Submitted on
Plan, FR 28270. December 30,
Authorization, 2004.
Monitoring; Inter-
Agency
Consultation;
Status Reporting.
R18-2-1509...................... Emission Reduction March 16, 2004.... May 16, 2006, 71 Submitted on
Techniques. FR 28270. December 30,
2004.
R18-2-1510...................... Smoke Management March 16, 2004.... May 16, 2006, 71 Submitted on
Techniques. FR 28270. December 30,
2004.
R18-2-1511...................... Monitoring........ March 16, 2004.... May 16, 2006, 71 Submitted on
FR 28270. December 30,
2004.
R18-2-1512...................... Burner March 16, 2004.... May 16, 2006, 71 Submitted on
Qualifications. FR 28270. December 30,
2004.
R18-2-1513...................... Public March 16, 2004.... May 16, 2006, 71 Submitted on
Notification FR 28270. December 30,
Program; Regional 2004.
Coordination.
----------------------------------------------------------------------------------------------------------------
Appendices to Title 18 (Environmental Quality), Chapter 2 (Department of Environmental Quality Air Pollution
Control)
----------------------------------------------------------------------------------------------------------------
Appendix 1...................... Filing July 25, 1979..... April 23, 1982, 47 Submitted on April
Instructions for FR 17483. 1, 1980. Appendix
Installation 1 in its entirety
Permit was approved at
Application. 47 FR 17483
(April 23, 1982).
Certain
subsections of
appendix 1 were
superseded by
approval of
revisions at 48
FR 19878 (May 3,
1983) and at 49
FR 41026 (October
19, 1984. The
latter rule was
corrected 69 FR
2509 (January 16,
2004).
[[Page 162]]
Appendix 1, subsections A1.4, Filing May 28, 1982...... May 3, 1983, 48 FR Relates to State
A1.4.1, A1.4.3 (added), A1.4.3 Instructions for 19878. PSD regulations.
(renumbered only), A1.5, A1.6.1 Installation Submitted on June
(deleted), A1.6.2 and A1.6.3 Permit 3, 1982.
(renumbered only), A1.6.4 and Application.
A1.6.5 (deleted), A1.6.6
(renumbered only), A1.6.6.1,
A1.6.6.2 and A1.6.6.3
(renumbered only), A1.6.6.4
(deleted), A1.6.6.5 (renumbered
only) A1.6.6.6, A1.6.6.7
(Renumbered), A1.6.7.1,
A1.6.7.2, A1.6.7.3 and Form
ADHS/EHS Air Quality 100A (rev
12-80).
Appendix 1, subsections A1.5.6, Filing September 22, 1983 October 19, 1984, Submitted on
and A1.9 (added). Instructions for 49 FR 41026; February 3, 1984.
Installation corrected on
Permit January 16, 2004,
Application. 69 FR 2509.
Appendix 2...................... Test Methods and July 2, 2015...... May 1, 2017, 82 FR Submitted on
Protocols. 20267. December 21,
2015.
Appendix 2...................... Filing July 25, 1979..... April 23, 1982, 47 Submitted on April
Instructions for FR 17483. 1, 1980. Appendix
Operating Permit 2 in its entirety
Application. was approved at
47 FR 17483
(April 23, 1982).
Certain
subsections of
appendix 2 were
superseded by
approval of
revisions at 48
FR 19878 (May 3,
1983).
Appendix 2, subsections A2.2.5, Filing May 28, 1982...... May 3, 1983, 48 FR Relates to State
A2.3, A2.3.8. Instructions for 19878. PSD regulations.
Operating Permit Submitted on June
Application. 3, 1982.
Appendix 8...................... Procedures for July 18, 2005..... April 12, 2006, 71 Cited in Arizona
Utilizing the FR 18624. Administrative
Sulfur Balance Code rule R18-2-
Method for 715.01. Submitted
Determining on March 1, 2006.
Sulfur Emissions.
----------------------------------------------------------------------------------------------------------------
[[Page 163]]
Materials Incorporated By Reference in Title 18 (Environmental Quality)
Chapter 2 (Department of Environmental Quality Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
[Incorporated by reference Arizona Testing March 1992........ September 23, Approval includes
through R18-2-102]. Manual for Air 2014, 79 FR 56655. section 1 only.
Pollutant Submitted on July
Emissions, 28, 2011, and
Revision F, supplemented on
excluding May 16, 2014.
sections 2 Relates to
through 7. various
provisions in
Arizona
Administrative
Code, title 18,
chapter 2,
articles 4, 6,
and 7.
[Incorporated by reference Procedures for 1988 Edition...... October 15, 2012, Submitted on
through R18-2-220]. Prevention of 77 FR 62452. August 15, 1994.
Emergency
Episodes.
----------------------------------------------------------------------------------------------------------------
Title 20 (Commerce, Financial Institutions, and Insurance)
Chapter 2 (Department of Weights and Measures)
----------------------------------------------------------------------------------------------------------------
Article 1 (Administration and Procedures)
----------------------------------------------------------------------------------------------------------------
R20-2-101....................... Definitions....... June 5, 2004...... June 13, 2012, 77 Submitted on
FR 35279. September 21,
2009.
----------------------------------------------------------------------------------------------------------------
Article 7 (Motor Fuels and Petroleum Products)
----------------------------------------------------------------------------------------------------------------
R20-2-701....................... Definitions....... February 9, 2001.. March 4, 2004, 69 Submitted on
FR 10161. August 15, 2001.
Relates to the
Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-716....................... Sampling and October 18, 1999.. March 4, 2004, 69 Submitted on
Access to Records. FR 10161. August 15, 2001.
Relates to the
Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-750....................... Registration September 22, 1999 March 4, 2004, 69 Submitted on
Relating to FR 10161. August 15, 2001.
Arizona CBG or Relates to the
AZR-BOB. Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-751....................... Arizona CBG February 9, 2001.. March 4, 2004, 69 Submitted on
Requirements. FR 10161. August 15, 2001.
Relates to the
Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-752....................... General September 22, 1999 March 4, 2004, 69 Submitted on
Requirements for FR 10161. August 15, 2001.
Registered Relates to the
Suppliers. Arizona Cleaner
Burning Gasoline
(CBG) program.
[[Page 164]]
R20-2-753....................... General September 22, 1999 March 4, 2004, 69 Submitted on
Requirements for FR 10161. August 15, 2001.
Pipelines and 3rd- Relates to the
party Terminals. Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-754....................... Downstream September 22, 1999 March 4, 2004, 69 Submitted on
Blending FR 10161. August 15, 2001.
Exceptions for Relates to the
Transmix. Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-755....................... Additional September 22, 1999 March 4, 2004, 69 Submitted on
Requirements for FR 10161. August 15, 2001.
AZRBOB and Relates to the
Downstream Arizona Cleaner
Oxygenate Burning Gasoline
Blending. (CBG) program.
R20-2-756....................... Downstream September 22, 1999 March 4, 2004, 69 Submitted on
Blending of FR 10161. August 15, 2001.
Arizona CBG with Relates to the
Nonoxygenate Arizona Cleaner
Blendstocks. Burning Gasoline
(CBG) program.
R20-2-757....................... Product Transfer September 22, 1999 March 4, 2004, 69 Submitted on
Documentation; FR 10161. August 15, 2001.
Records; Relates to the
Retention. Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-758....................... Adoption of Fuel September 22, 1999 March 4, 2004, 69 Submitted on
Certification FR 10161. August 15, 2001.
Models. Relates to the
Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-759....................... Testing February 9, 2001.. March 4, 2004, 69 Submitted on
Methodologies. FR 10161. August 15, 2001.
Relates to the
Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-760....................... Compliance Surveys February 9, 2001.. March 4, 2004, 69 Submitted on
FR 10161.. August 15, 2001.
Relates to the
Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-761....................... Liability for September 22, 1999 March 4, 2004, 69 Submitted on
Noncompliant FR 10161. August 15, 2001.
Arizona CBG or Relates to the
AZRBOB. Arizona Cleaner
Burning Gasoline
(CBG) program.
R20-2-762....................... Penalties......... September 22, 1999 March 4, 2004, 69 Submitted on
FR 10161. August 15, 2001.
Relates to the
Arizona Cleaner
Burning Gasoline
(CBG) program.
[[Page 165]]
Table 1......................... Type 1 Gasoline February 9, 2001.. March 4, 2004, 69 Table 1 is cited
Standards. FR 10161. in R20-2-751
(``Arizona CBG
Requirements'').
Submitted on
August 15, 2001.
Relates to the
Arizona Cleaner
Burning Gasoline
(CBG) program.
Table 2......................... Type 2 Gasoline February 9, 2001.. March 4, 2004, 69 Table 2 is cited
Standards. FR 10161. in R20-2-751
(``Arizona CBG
Requirements'').
Submitted on
August 15, 2001.
Relates to the
Arizona Cleaner
Burning Gasoline
(CBG) program.
----------------------------------------------------------------------------------------------------------------
Article 9 (Gasoline Vapor Control)
----------------------------------------------------------------------------------------------------------------
R20-2-901....................... Material June 5, 2004...... June 13, 2012, 77 Submitted on
Incorporated by FR 35279. September 21,
Reference. 2009.
R20-2-902....................... Exemptions........ June 5, 2004...... June 13, 2012, 77 Submitted on
FR 35279. September 21,
2009.
R20-2-903....................... Equipment and June 5, 2004...... June 13, 2012, 77 Submitted on
Installation. FR 35279. September 21,
2009.
R20-2-904....................... Application June 5, 2004...... June 13, 2012, 77 Submitted on
Requirements and FR 35279. September 21,
Process for 2009.
Authority to
Construct Plan
Approval.
R20-2-905....................... Initial Inspection June 5, 2004...... June 13, 2012, 77 Submitted on
and Testing. FR 35279. September 21,
2009.
R20-2-907....................... Operation......... October 8, 1998... June 13, 2012, 77 Submitted on
FR 35279. September 21,
2009.
R20-2-908....................... Training and October 8, 1998... June 13, 2012, 77 Submitted on
Public Education. FR 35279. September 21,
2009.
R20-2-909....................... Recordkeeping and October 8, 1998... June 13, 2012, 77 Submitted on
Reporting. FR 35279. September 21,
2009.
R20-2-910....................... Annual Inspection June 5, 2004...... June 13, 2012, 77 Submitted on
and Testing. FR 35279. September 21,
2009.
R20-2-911....................... Compliance June 5, 2004...... June 13, 2012, 77 Submitted on
Inspections. FR 35279. September 21,
2009.
R20-2-912....................... Enforcement....... June 5, 2004...... June 13, 2012, 77 Submitted on
FR 35279. September 21,
2009.
----------------------------------------------------------------------------------------------------------------
[[Page 166]]
Table 3--EPA-Approved Arizona General Permits
----------------------------------------------------------------------------------------------------------------
Title State effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
Dust Action General Permit, including December 30, 2011...... March 31, 2014, 79 FR Issued by Arizona
the general permit itself, and 17881. Department of
attachments A, B, and C. Environmental Quality
pursuant to ARS 49-
457.05. Applies to
certain types of dust
sources in a county
with a population of
two million or more
persons or any portion
of a county within an
area designated by EPA
as a serious PM-10
nonattainment area or
a maintenance area
that was designated as
a serious PM-10
nonattainment area.
Submitted on May 25,
2012.
----------------------------------------------------------------------------------------------------------------
Table 4--EPA-Approved Maricopa County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Pre-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 2, No. 11 ``Alteration or Definitions....... June 23, 1980..... June 18, 1982, 47 Submitted on March
Modification''. FR 26382. 8, 1982.
Revised on April
5, 2019, to
remove the
definition for
No. 33 ``Existing
Source'' which
was superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 27 ``Dust''......... Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 29 ``Emission''..... Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 34 ``Existing Source Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
Performance Standards''. FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 37 ``Fly Ash''...... Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
[[Page 167]]
Rule 2, No. 39 ``Fuel''......... Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 42 ``Fume''......... Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 55 ``Motor Vehicle'' Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 59 ``Non-Point Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
Source''. FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 60 ``Odors''........ Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 64 ``Organic Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
Solvent''. FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 70 ``Plume'',....... Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 2, No. 80 ``Smoke'',....... Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
[[Page 168]]
Rule 2, No. 91 ``Vapor''........ Definitions....... June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Revised on April
5, 2019. Removed
71 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
----------------------------------------------------------------------------------------------------------------
Regulation II--Permits
----------------------------------------------------------------------------------------------------------------
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 52 ``Dust''). obtaining an 53 FR 30224; 4, 1983. [dagger]
installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 56 ``Emission''). obtaining an 53 FR 30224; 4, 1983. [dagger]
installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 63 ``Existing obtaining an 53 FR 30224; 4, 1983. [dagger]
Source Performance Standards''). installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 70 ``Fuel''). obtaining an 53 FR 30224; 4, 1983. [dagger]
installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 71 ``Fuel obtaining an 53 FR 30224; 4, 1983. [dagger]
Burning Equipment''). installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 74 ``Fume''). obtaining an 53 FR 30224; 4, 1983. [dagger]
installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 103 ``Motor obtaining an 53 FR 30224; 4, 1983. [dagger]
Vehicle''). installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
[[Page 169]]
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 114 ``Non-Point obtaining an 53 FR 30224; 4, 1983. [dagger]
Source''). installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 122 obtaining an 53 FR 30224; 4, 1983. [dagger]
``Photochemically Reactive installation vacated; restored Revised on April
Solvent''). permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 123 ``Plume''). obtaining an 53 FR 30224; 4, 1983. [dagger]
installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 128 ``Process''). obtaining an 53 FR 30224; 4, 1983. [dagger]
installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 129 ``Process obtaining an 53 FR 30224; 4, 1983. [dagger]
Source''). installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 150 ``Smoke''). obtaining an 53 FR 30224; 4, 1983. [dagger]
installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 152 ``Soot''). obtaining an 53 FR 30224; 4, 1983. [dagger]
installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 160 obtaining an 53 FR 30224; 4, 1983. [dagger]
``Supplementary Control System installation vacated; restored Revised on April
(SCS)''). permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
[[Page 170]]
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 166 ``Vapor''). obtaining an 53 FR 30224; 4, 1983. [dagger]
installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 167 ``Vapor obtaining an 53 FR 30224; 4, 1983. [dagger]
Pressure''). installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 21, Section D.1 (AZ R9-3- Procedures for October 25, 1982.. August 10, 1988, Submitted on March
101, Paragraph 168 ``Visible obtaining an 53 FR 30224; 4, 1983. [dagger]
Emissions''). installation vacated; restored Revised on April
permit. on January 29, 5, 2019. Removed
1991, 56 FR 3219. 152 defined terms
which were
superseded by
Rule 100
submitted on May
18, 2016.
Rule 22 (paragraphs A, C, D, F, Permit Denial- August 12, 1971... July 27, 1972, 37 Paragraphs B and E
G, and H). Action-Transfer- FR 15080. have been
Expiration- superseded.
Posting-
Revocation-
Compliance.
Rule 27......................... Performance tests. June 23, 1980..... April 12, 1982, 47 Submitted on June
FR 15579. 23, 1980.
Rule 28......................... Permit Fees....... March 8, 1982..... June 18, 1982, 47 Submitted on March
FR 26382. 8, 1982.
----------------------------------------------------------------------------------------------------------------
Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Rule 32, Paragraph G............ Other Industries.. October 1, 1975... April 12, 1982, 47 Paragraph G of
FR 15579. Rule 32 (``Odors
and Gaseous
Emissions'') is
titled ``Other
Industries.''
Submitted on June
23, 1980.
Rule 32, Paragraph H............ Fuel Burning October 1, 1975... April 12, 1982, 47 Paragraph H of
Equipment for FR 15579. Rule 32 (``Odors
Producing and Gaseous
Electric Power Emissions'') is
(Sulfur Dioxide). titled ``Fuel
Burning Equipment
for Producing
Electric Power
(Sulfur
Dioxide).''
Submitted on June
23, 1980.
Rule 32, Paragraph J............ Operating June 23, 1980..... April 12, 1982, 47 Paragraph J of
Requirements for FR 15579. Rule 32 (``Odors
an Asphalt Kettle. and Gaseous
Emissions'') is
titled
``Operating
Requirements for
an Asphalt
Kettle.''
Submitted on June
23, 1980.
Rule 32, Paragraph K............ Emissions of June 23, 1980..... April 12, 1982, 47 Paragraph K of
Carbon Monoxide. FR 15579. Rule 32 (``Odors
and Gaseous
Emissions'') is
titled
``Emissions of
Carbon
Monoxide.''
Submitted on June
23, 1980.
Rule 32 (Paragraphs A through F Odors and Gaseous August 12, 1971... July 27, 1972, 37 Paragraph G was
only). Emissions. FR 15080. superseded by
approval of
paragraph J of
amended Rule 32.
Submitted on May
26, 1972.
[[Page 171]]
Rule 35......................... Incinerators...... August 12, 1971... July 27, 1972, 37 Superseded by
FR 15080. approval of
Maricopa Rule 313
published on
September 25,
2014, except for
Hospital/Medical/
Infectious Waste
Incinerators.
Submitted on May
26, 1972.
----------------------------------------------------------------------------------------------------------------
Regulation IV--Production of Records; Monitoring; Testing and Sampling Facilities
----------------------------------------------------------------------------------------------------------------
Rule 41, paragraph A............ Monitoring........ August 12, 1971... July 27, 1972, 37 Submitted on May
FR 15080. 26, 1972.
Rule 41, paragraph B............ Monitoring........ October 2, 1978... April 12, 1982, 47 Submitted on
FR 15579. January 18, 1979.
Rule 42......................... Testing and August 12, 1971... July 27, 1972, 37 Submitted on May
Sampling. FR 15080. 26, 1972.
----------------------------------------------------------------------------------------------------------------
Regulation VII--Emergency Procedures
----------------------------------------------------------------------------------------------------------------
Rule 74, paragraph C............ Public June 23, 1980..... April 12, 1982, 47 Submitted on June
Notification. FR 15579. 23, 1980.
Paragraphs A, B,
and D superseded
by approval of
Rule 510
published on
November 9, 2009.
----------------------------------------------------------------------------------------------------------------
Regulation VIII--Validity and Operation
----------------------------------------------------------------------------------------------------------------
Rule 81......................... Operation......... August 12, 1971... July 27, 1972, 37 Submitted on May
FR 15080. 26, 1972.
----------------------------------------------------------------------------------------------------------------
Post-July 1988 Rule Codification
----------------------------------------------------------------------------------------------------------------
Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 100 (except Sections General Provisions February 3, 2016.. April 5, 2019, (84 Submitted on May
200.24, 200.73, 200.104(c)). and Definitions. FR 13543). 18, 2016.
Rule 140........................ Excess Emissions.. Revised September August 27, 2002, Submitted on
5, 2001. 67 FR 54957. February 22,
2002.
----------------------------------------------------------------------------------------------------------------
Regulation II--Permits and Fees
----------------------------------------------------------------------------------------------------------------
Rule 200........................ Permit February 3, 2016.. April 5, 2019, (84 Submitted on May
Requirements. FR 13543). 18, 2016.
Rule 210........................ Title V Permit February 3, 2016.. April 5, 2019, (84 Submitted on May
Provisions. FR 13543). 18, 2016.
Rule 220........................ Non-Title V Permit February 3, 2016.. April 5, 2019, (84 Submitted on May
Provisions. FR 13543). 18, 2016.
Rule 240 (except Section 305)... Federal Major New February 3, 2016.. April 5, 2019, (84 Submitted on May
Source Review FR 13543). 18, 2016.
(NSR).
Rule 241........................ Minor New Source February 3, 2016.. April 5, 2019, (84 Submitted on
Review (NSR). FR 13543). November 25,
2016.
Rule 242........................ Emissions Offsets June 20, 2007..... August 6, 2007, 72 Submitted on July
Generated by the FR 43538. 5, 2007.
Voluntary Paving
of Unpaved Roads.
----------------------------------------------------------------------------------------------------------------
Regulation III--Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Rule 300........................ Visible Emissions. March 12, 2008.... July 28, 2010, 75 Submitted on July
FR 44141. 10, 2008.
Rule 310........................ Fugitive Dust From January 27, 2010.. December 15, 2010, Submitted on April
Dust-Generating 75 FR 78167. 12, 2010. Cites
Operations. appendices C and
F, which are
listed separately
in this table.
[[Page 172]]
Rule 310.01..................... Fugitive Dust From January 27, 2010.. December 15, 2010, Submitted on April
Non-Traditional 75 FR 78167. 12, 2010. Cites
Sources of appendix C, which
Fugitive Dust. is listed
separately in
this table.
Rule 311........................ Particulate matter August 2, 1993.... April 10, 1995, 60 Submitted on March
from process FR 18010. Vacated 3, 1994.
industries. by Ober decision.
Restored August
4, 1997, 62 FR
41856.
Rule 312........................ Abrasive Blasting. July 13, 1988..... January 4, 2001, Submitted on
66 FR 730. January 4, 1990.
Rule 313........................ Incinerators, Burn- May 9, 2012....... September 25, Submitted on
Off Ovens and 2014, 79 FR 57445. August 27, 2012.
Crematories.
Rule 314........................ Open Outdoor Fires March 12, 2008.... November 9, 2009, Submitted on July
and Indoor 74 FR 57612. 10, 2008.
Fireplaces at
Commercial and
Institutional
Establishments.
Rule 316........................ Nonmetallic March 12, 2008.... November 13, 2009, Submitted on July
Mineral 74 FR 58553. 10, 2008.
Processing.
Rule 318........................ Approval of April 21, 1999.... November 8, 1999, Submitted on
Residential 64 FR 60678. August 4, 1999.
Woodburning
Devices.
Rule 322........................ Power Plant October 17, 2007.. October 14, 2009, Submitted on
Operations. 74 FR 52693. January 9, 2008.
Rule 323........................ Fuel Burning October 17, 2007.. October 14, 2009, Submitted on
Equipment from 74 FR 52693. January 9, 2008.
Industrial/
Commercial/
Institutional
(ICI) Sources.
Rule 324........................ Stationary October 17, 2007.. October 14, 2009, Submitted on
Internal 74 FR 52693. January 9, 2008.
Combustion (IC)
Engines.
Rule 325........................ Brick and August 10, 2005... August 21, 2007, Element of the
Structural Clay 72 FR 46564. Revised PM-10
Products (BSCP) State
Manufacturing. Implementation
Plan for the Salt
River Area,
September 2005.
Submitted on
October 7, 2005.
Rule 331........................ Solvent Cleaning.. April 21, 2004.... December 21, 2004, Submitted on July
69 FR 76417. 28, 2004.
Rule 333........................ Petroleum Solvent June 19, 1996..... February 9, 1998, Submitted on
Dry Cleaning. 63 FR 6489. February 26,
1997.
Rule 334........................ Rubber Sports Ball June 19, 1996..... February 9, 1998, Submitted on
Manufacturing. 63 FR 6489. February 26,
1997.
Rule 335........................ Architectural July 13, 1988..... January 6, 1992, Submitted on
Coatings. 57 FR 354. January 4, 1990.
Rule 336........................ Surface Coating April 7, 1999..... September 20, Submitted on
Operations. 1999, 64 FR 50759. August 4, 1999.
Rule 337........................ Graphic Arts...... November 20, 1996. February 9, 1998, Submitted on March
63 FR 6489. 4, 1997.
Rule 338........................ Semiconductor June 19, 1996..... February 9, 1998, Submitted on
Manufacturing. 63 FR 6489. February 26,
1997.
Rule 339........................ Vegetable Oil November 16, 1992. February 9, 1998, Submitted on
Extract Processes. 63 FR 6489. February 4, 1993.
Rule 340........................ Cutback and September 21, 1992 February 1, 1996, Submitted on
Emulsified 61 FR 3578. November 13,
Asphalt. 1992.
Rule 341........................ Metal Casting..... August 5, 1994.... February 12, 1996, Submitted on
61 FR 5287. August 16, 1994.
Rule 342........................ Coating Wood November 20, 1996. February 9, 1998, Submitted on March
Furniture and 63 FR 6489. 4, 1997.
Fixtures.
Rule 343........................ Commercial Bread February 15, 1995. March 17, 1997, 62 Submitted on
Bakeries. FR 12544. August 31, 1995.
Rule 344........................ Automobile April 7, 1999..... November 30, 2001, Submitted on
Windshield Washer 66 FR 59699. August 4, 1999.
Fluid.
Rule 346........................ Coating Wood November 20, 1996. February 9, 1998, Submitted on March
Millwork. 63 FR 6489. 4, 1997.
Rule 347........................ Ferrous Sand March 4, 1998..... June 12, 2000, 65 Submitted on
Casting. FR 36788. August 4, 1999.
[[Page 173]]
Rule 348........................ Aerospace April 7, 1999..... September 20, Submitted on
Manufacturing and 1999, 64 FR 50759. August 4, 1999.
Rework Operations.
Rule 349........................ Pharmaceutical, April 7, 1999..... June 8, 2001, 66 Submitted on
Cosmetic, and FR 30815. August 4, 1999.
Vitamin
Manufacturing
Operations.
Rule 350........................ Storage of Organic April 6, 1992..... September 5, 1995, Submitted on June
Liquids at Bulk 60 FR 46024. 29, 1992.
Plants and
Terminals.
Rule 351........................ Loading of Organic February 15, 1995. February 9, 1998, Submitted on
Liquids. 63 FR 6489. August 31, 1995.
Rule 352........................ Gasoline Delivery November 16, 1992. September 5, 1995, Submitted on
Vessels. 60 FR 46024. February 4, 1993.
Rule 353........................ Transfer of April 6, 1992..... February 1, 1996, Submitted on June
Gasoline into 61 FR 3578. 29, 1992.
Stationary
Dispensing Tanks.
Rule 358........................ Polystyrene Foam April 20, 2005.... May 26, 2005, 70 Submitted on April
Operations. FR 30370. 25, 2005.
----------------------------------------------------------------------------------------------------------------
Regulation V--Air Quality Standards and Area Classification
----------------------------------------------------------------------------------------------------------------
Rule 510, excluding Appendix G Air Quality November 1, 2006.. November 9, 2009, Submitted on June
to the Maricopa County Air Standards. 74 FR 57612. 7, 2007.
Pollution Control Regulations.
----------------------------------------------------------------------------------------------------------------
Regulation VI--Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Rule 600........................ Emergency Episodes July 13, 1988..... March 18, 1999, 64 Submitted on
FR 13351. January 4, 1990.
----------------------------------------------------------------------------------------------------------------
Appendices to Maricopa County Air Pollution Control Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Appendix C...................... Fugitive Dust Test March 26, 2008.... December 15, 2010, Cited in Rules 310
Methods. 75 FR 78167. and 310.01.
Submitted on July
10, 2008.
Appendix F...................... Soil Designations. April 7, 2004..... August 21, 2007, Cited in Rule 310.
72 FR 46564. Submitted on
October 7, 2005.
----------------------------------------------------------------------------------------------------------------
[dagger] Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir.
1990). Restored by document published January 29, 1991.
Table 5--EPA-Approved Maricopa County Documents Related to Applications for Dust Control Permits
----------------------------------------------------------------------------------------------------------------
Title State effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
Application for Dust Control Permit.. June 22, 2005.......... August 21, 2007, 72 FR Relates to Rule 310
46564. (``Fugitive Dust from
Dust-Generating
Operations''). Element
of the Revised PM-10
State Implementation
Plan for the Salt
River Area, Additional
Materials, September
2005. Submitted on
November 29, 2005.
Guidance for Application for Dust June 22, 2005.......... August 21, 2007, 72 FR Relates to Rule 310
Control Permit. 46564. (``Fugitive Dust from
Dust-Generating
Operations''). Element
of the Revised PM-10
State Implementation
Plan for the Salt
River Area, Additional
Materials, September
2005. Submitted on
November 29, 2005.
----------------------------------------------------------------------------------------------------------------
[[Page 174]]
Table 6--EPA-Approved Ordinances Adopted by Maricopa County and Other Local Jurisdictions Within Maricopa County
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Maricopa County Ordinance P-26.. Residential March 26, 2008.... November 9, 2009, Submitted on July
Woodburning 74 FR 57612. 10, 2008.
Restriction
Ordinance.
Maricopa County, Ordinance P-7.. Trip Reduction Adopted May 26, May 4, 1998, 63 FR Submitted on
Ordinance. 1994. 24434. August 31, 1995.
Town of Carefree Ordinance No. An Ordinance of Adopted September July 25, 2002, 67 Submitted on
98-14. the Town of 1, 1998. FR 48718. February 16,
Carefree, 2000.
Maricopa County,
Arizona, Adding
Section 10-4 to
the Town Code
Relating to Clean-
Burning
Fireplaces,
Providing
Penalties for
Violations (3
pages).
Town of Gilbert Ordinance 1066.. An Ordinance of January 1, 1999... July 25, 2002, 67 Adopted by the
the Common FR 48718. Town of Gilbert
Council of the on November 25,
Town of Gilbert, 1997. Submitted
Arizona Amending on February 16,
the Code of 2000.
Gilbert by
Amending Chapter
30 Environment,
by adding New
Article II
Fireplace
Restrictions
Prescribing
Standards for
Fireplaces,
Woodstoves, and
Other Solid-Fuel
Burning Devices
in New
Construction;
Providing for an
Effective Date of
January 1, 1999;
Providing for
Repeal of
Conflicting
Ordinances;
Providing for
Severability (3
pages).
City of Mesa Ordinance No. 3434. An Ordinance of December 31, 1998. July 25, 2002, 67 Adopted by the
the City Council FR 48718. City of Mesa on
of the City of February 2, 1998.
Mesa, Maricopa Submitted on
County, Arizona, February 16,
Relating to 2000.
Fireplace
Restrictions
Amending Title 4,
Chapter 1,
Section 2
Establishing a
Delayed Effective
Date; and
Providing
Penalties for
Violations (3
pages).
Town of Paradise Valley An Ordinance of January 22, 1998.. July 25, 2002, 67 Adopted by the
Ordinance Number 454. the Town of FR 48718. Town of Paradise
Paradise Valley, Valley on January
Arizona, Relating 22, 1998.
to Grading and Submitted on
Dust Control, February 16,
Amending Article 2000.
5-13 of the Town [Incorporation
Code and Sections Note: There is an
5-13-1 Through 5- error in the
13-5, Providing ordinance's
Penalties for title, ordinance
Violations and amended only
Severability (5 sections 5-13-1
pages). to 5-13-4; see
section 1 of the
ordinance.]
[[Page 175]]
Town of Paradise Valley An Ordinance of December 18, 1997. July 25, 2002, 67 Adopted by the
Ordinance Number 450. the Town of FR 48718. Town of Paradise
Paradise Valley, Valley on
Arizona, Adding December 18,
Section 5-1-7 to 1997. Submitted
the Town Code on February 16,
Relating to Clean- 2000.
Burning
Fireplaces,
Providing
Penalties for
Violations (3
pages).
City of Phoenix Ordinance No. An Ordinance December 31, 1998. July 25, 2002, 67 Adopted by the
G4062. Amending the FR 48718. City of Phoenix
Phoenix City Code on December 10,
By Adding A New 1997. Submitted
Chapter 40 on February 16,
``Environmental 2000.
Protections,'' By
Regulating
Fireplaces, Wood
Stoves and Other
Solid-Fuel
Burning Devices
and Providing
that the
Provisions of
this Ordinance
Shall Take Effect
on December 31,
1998 (5 pages).
City of Phoenix Ordinance No. An Ordinance Adopted July 2, July 25, 2002, 67 Adopted by the
G4037. Amending Chapter 1997. FR 48718. City of Phoenix
39, Article 2, on July 2, 1997.
Section 39-7 of Submitted on
the Phoenix City February 16,
Code by Adding 2000.
Subsection G
Relating to Dust
Free Parking
Areas; and
Amending Chapter
36, Article XI,
Division I,
Section 36-145 of
the Phoenix City
Code Relating to
Parking on Non-
Dust Free Lots (5
pages).
City of Tolleson Ordinance No. An Ordinance of Adopted December July 25, 2002, 67 Adopted by the
376, N.S.. the City of 8, 1998. FR 48718. City of Tolleson
Tolleson, on December 8,
Maricopa County, 1998. Submitted
Arizona, Amending on February 16,
Chapter 7 of the 2000.
Tolleson City
Code by Adding a
New Section 7-9,
Prohibiting the
Installation or
Construction of a
Fireplace or Wood
Stove Unless It
Meets the
Standards Set
Forth Herein
(including
Exhibit A, 4
pages).
----------------------------------------------------------------------------------------------------------------
Table 7--EPA-Approved Pima County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Pre-1976 Rule Codification
Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 2.......................... Definitions....... February 20, 1975. May 11, 1977, 42 Submitted on
FR 23802. February 20,
1975.
Rule 3.......................... Standard December 20, 1971. July 27, 1972, 37 Submitted on May
Conditions. FR 15080. 26, 1972.
[[Page 176]]
Rule 19......................... Decisions of December 20, 1971. July 27, 1972, 37 Submitted on May
Hearing Board; FR 15080. 26, 1972.
Subpoenas;
Effective Date.
Rule 20......................... Judicial Review; December 20, 1971. July 27, 1972, 37 Submitted on May
Grounds; FR 15080. 26, 1972.
Procedures.
Rule 21......................... Notice of Hearing; December 20, 1971. July 27, 1972, 37 Submitted on May
Publication; FR 15080. 26, 1972.
Service.
Rule 22......................... Hearing Board Fees December 20, 1971. July 27, 1972, 37 Submitted on May
FR 15080. 26, 1972.
----------------------------------------------------------------------------------------------------------------
Regulation II--Emissions Prohibited
----------------------------------------------------------------------------------------------------------------
Rule 2B......................... Emissions of March 19, 1974.... September 19, Submitted on March
Particulate 1977, 42 FR 46926. 19, 1974.
Matter.
Rule 3.......................... Emissions of December 20, 1971. July 27, 1972, 37 Submitted on May
Gases, Vapors, FR 15080. 26, 1972.
Fumes or Odors.
Rule 5.......................... Organic Solvents.. December 20, 1971. July 27, 1972, 37 Submitted on May
FR 15080. 26, 1972.
Rule 7.......................... Emissions of December 20, 1971. July 27, 1972, 37 Submitted on May
Certain Sulfur FR 15080. 26, 1972.
Compounds.
----------------------------------------------------------------------------------------------------------------
1976-1978 Rule Codification
Regulation I--General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 2, paragraphs uu-yy........ Definitions....... June 21, 1976..... July 19, 1977, 42 Submitted on
FR 36998. September 30,
1976.
----------------------------------------------------------------------------------------------------------------
Regulation II--Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
Rule 2G (Paragraphs 1-4c)....... Particulate June 21, 1976..... July 19, 1977, 42 Submitted on
Emissions. FR 36998. September 30,
1976.
Rule 7A (Paragraph 1)........... Sulfur Dioxide June 21, 1976..... July 19, 1977, 42 Submitted on
Emissions. FR 36998. September 30,
1976. Paragraphs
2 to 5 were
disapproved. See
42 FR 36998 (July
19, 1977).
Rule 7B (Paragraph 1)........... Nitrogen Oxide June 21, 1976..... July 19, 1977, 42 Submitted on
Emissions. FR 36998. September 30,
1976.
----------------------------------------------------------------------------------------------------------------
Regulation VII--New Source Performance Standards
----------------------------------------------------------------------------------------------------------------
Regulation VII (Paragraphs A-D). Standards of June 21, 1976..... July 19, 1977, 42 Submitted on
Performance for FR 36998. September 30,
New Stationary 1976.
Sources.
----------------------------------------------------------------------------------------------------------------
Regulation VIII--National Emission Standards for Hazardous Air Pollutants
----------------------------------------------------------------------------------------------------------------
Regulation VIII (Paragraphs A-C) Emissions June 21, 1976..... July 19, 1977, 42 Submitted on
Standards for FR 36998. September 30,
Hazardous Air 1976.
Pollutants.
----------------------------------------------------------------------------------------------------------------
[[Page 177]]
1979-1993 Rule Codification
Chapter I: General Provisions
----------------------------------------------------------------------------------------------------------------
Rule 101........................ Declaration of August 17, 1979... April 16, 1982, 47 Submitted on
Policy. FR 16326. October 9, 1979.
Rule 102........................ Purpose........... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 103........................ Authority......... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 111........................ General August 17, 1979... April 16, 1982, 47 Submitted on
Applicability. FR 16326. October 9, 1979.
Rule 112........................ State and/or August 17, 1979... April 16, 1982, 47 Submitted on
County. FR 16326. October 9, 1979.
Rule 113........................ Limitations....... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 121........................ Air Quality August 17, 1979... April 16, 1982, 47 Submitted on
Control District. FR 16326. October 9, 1979.
Rule 122........................ Executive Head.... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 123........................ Governing Body.... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 151........................ Severability August 17, 1979... April 16, 1982, 47 Submitted on
Clause. FR 16326. October 9, 1979.
Rule 161........................ Format............ August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 162........................ Headings and August 17, 1979... April 16, 1982, 47 Submitted on
Special Type. FR 16326. October 9, 1979.
Rule 163........................ Use of Number and August 17, 1979... April 16, 1982, 47 Submitted on
Gender. FR 16326. October 9, 1979.
Rule 165........................ Effective Date.... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 166........................ Adoption by December 6, 1983.. August 10, 1988, Submitted on
Reference. 53 FR 30220; October 18,
vacated; restored 1985.[dagger]
on January 29,
1991, 56 FR 3219.
Rule 171........................ Words, Phrases, December 6, 1983.. August 10, 1988, Submitted on
and Terms. 53 FR 30220; October 18,
vacated; restored 1985.[dagger]
on January 29,
1991, 56 FR 3219.
[[Page 178]]
Rule 171 [paragraphs B.1 (``Air Words, Phrases, August 17, 1979... July 7, 1982, 47 Submitted on
Contaminant or Air Pollutant'', and Terms. FR 29532. October 9, 1979.
B.1.a (``Common Air
Pollutant''), B.7 (``Emission
or Emissions''), B.8 (``Source
or Existing Source''), C.1.a
(``Existing Source''), C.1.b
(``New Source''), C.2.a
(``Major Source''), C.2.c
(``New Major Source''), C.2.d
(``Modification or
Alteration''), C.3.a
(``Stationary Source''), E.1.b
(``Lowest Achievable Emission
Rate'' )].
Rule 172........................ Meanings of August 17, 1979... April 16, 1982, 47 Submitted on
Mathematical FR 16326. October 9, 1979.
Symbols.
Rule 173........................ Chemical Symbols August 17, 1979... April 16, 1982, 47 Submitted on
and Abbreviations. FR 16326. October 9, 1979.
Rule 174........................ Scientific Units.. August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 175........................ Acronyms.......... December 6, 1983.. August 10, 1988, Submitted on
53 FR 30220; October 18,
vacated; restored 1985.[dagger]
on January 29,
1991, 56 FR 3219.
----------------------------------------------------------------------------------------------------------------
Chapter II: Permits
----------------------------------------------------------------------------------------------------------------
Rule 201........................ Statutory August 17, 1979... April 16, 1982, 47 Submitted on
Authority. FR 16326. October 9, 1979.
Rule 202, paragraph D only...... Installation December 6, 1983.. August 10, 1988, Submitted on
Permits. 53 FR 30220; October 18,
vacated; restored 1985.[dagger]
on January 29,
1991, 56 FR 3219.
Rule 202........................ Installation August 17, 1979... April 16, 1982, 47 Submitted on
Permits. FR 16326. October 9, 1979.
Rule 203........................ Operating Permits. August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 211........................ Permit Application August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 212........................ Sampling, Testing, August 17, 1979... April 16, 1982, 47 Submitted on
and Analysis FR 16326. October 9, 1979.
Requirements.
Rule 213........................ Public August 17, 1979... April 16, 1982, 47 Submitted on
Notification/ FR 16326. October 9, 1979.
Public Comments.
Rule 215........................ Permit Revocation. August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
[[Page 179]]
Rule 221........................ General Control... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 222........................ Permit Display or August 17, 1979... April 16, 1982, 47 Submitted on
Posting. FR 16326. October 9, 1979.
Rule 223........................ Permit August 17, 1979... April 16, 1982, 47 Submitted on
Transferability. FR 16326. October 9, 1979.
Rule 224........................ Fugitive Dust August 17, 1979... April 16, 1982, 47 Submitted on
Producing FR 16326. October 9, 1979.
Activities.
Rule 225........................ Open Burning August 17, 1979... April 16, 1982, 47 Submitted on
Permit Conditions. FR 16326. October 9, 1979.
Rule 226........................ Permits for State- August 17, 1979... April 16, 1982, 47 Submitted on
Delegated FR 16326. October 9, 1979.
Emission Sources.
Rule 231........................ Non-Compliance.... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 232........................ Notification of August 17, 1979... April 16, 1982, 47 Submitted on
Denial. FR 16326. October 9, 1979.
Rule 241........................ General Provisions August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 242........................ Installation June 1, 1981...... April 16, 1982, 47 Submitted on June
Permit Fees/Non- FR 16326. 1, 1981.
Fee Requirements.
Rule 243........................ Open Burning August 17, 1979... April 16, 1982, 47 Submitted on
Permit Fees. FR 16326. October 9, 1979.
Rule 244........................ Operating Permit August 17, 1979... April 16, 1982, 47 Submitted on
Fees. FR 16326. October 9, 1979.
Rule 251........................ Permit Fee Studies August 17, 1979... April 16, 1982, 47 Submitted on
Related to FR 16326. October 9, 1979.
Inflation.
Rule 252........................ Periodic Review of August 17, 1979... April 16, 1982, 47 Submitted on
Individual Fee FR 16326. October 9, 1979.
Schedules.
Rule 261........................ Compliance June 1, 1981...... April 16, 1982, 47 Submitted on June
Inspections. FR 16326. 1, 1981.
----------------------------------------------------------------------------------------------------------------
Tables Cited by Rules in Chapter II
----------------------------------------------------------------------------------------------------------------
Table 242....................... Activity August 17, 1979... April 16, 1982, 47 Submitted on
Installation FR 16326. October 9, 1979.
Permit
Requirements for
Construction/
Destruction
Activities.
Table 243....................... Open Burning June 1, 1981...... April 16, 1982, 47 Submitted on June
Permit Fee FR 16326. 1, 1981.
Schedules.
Table 244-A..................... Equipment June 1, 1981...... April 16, 1982, 47 Submitted on June
Operating Permit FR 16326. 1, 1981.
Fee Schedules for
Categorical
Sources.
Table 244-B..................... Equipment June 1, 1981...... April 16, 1982, 47 Submitted on June
Operating Permit FR 16326. 1, 1981.
Fee Schedules for
Non-Categorical
Sources.
Table 244-C..................... Activity Operating August 17, 1979... April 16, 1982, 47 Submitted on
Permit Fee FR 16326. October 9, 1979.
Requirements.
----------------------------------------------------------------------------------------------------------------
[[Page 180]]
Chapter III: Universal Control Standards
----------------------------------------------------------------------------------------------------------------
Rule 301........................ Planning, August 17, 1979... April 16, 1982, 47 Submitted on
Constructing, or FR 16326. October 9, 1979.
Operating Without
a Permit.
Rule 302........................ Non-Compliance August 17, 1979... April 16, 1982, 47 Submitted on
with Applicable FR 16326. October 9, 1979.
Standards.
Rule 312........................ Asphalt Kettles... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 313........................ Incinerators...... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 314........................ Petroleum Liquids. August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 315........................ Roads and Streets. August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 316........................ Particulate August 17, 1979... April 16, 1982, 47 Submitted on
Materials. FR 16326. October 9, 1979.
Rule 318........................ Vacant Lots and August 17, 1979... April 16, 1982, 47 Submitted on
Open Spaces. FR 16326. October 9, 1979.
Rule 321........................ Standards and August 17, 1979... April 16, 1982, 47 Submitted on
Applicability. FR 16326. October 9, 1979.
Rule 331........................ Applicability..... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 332........................ Compilation of August 17, 1979... April 16, 1982, 47 Submitted on
Mass Rates and FR 16326. October 9, 1979.
Concentrations.
Rule 341........................ Applicability..... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 342........................ Mass--Concentratio August 17, 1979... April 16, 1982, 47 Submitted on
n Ceilings. FR 16326. October 9, 1979.
Rule 343........................ Visibility August 17, 1979... April 16, 1982, 47 Submitted on
Limiting FR 16326. October 9, 1979.
Standards.
Rule 344........................ Odor Limiting August 17, 1979... April 16, 1982, 47 Submitted on
Standards. FR 16326. October 9, 1979.
Rule 371........................ Tucson December 6, 1983.. August 10, 1988, Submitted on
Nonattainment 53 FR 30220; October 18,
Areas. vacated; restored 1985.[dagger]
on January 29,
1991, 56 FR 3219.
Rule 372........................ Ajo Area.......... December 6, 1983.. August 10, 1988, Submitted on
53 FR 30220; October 18,
vacated; restored 1985.[dagger]
on January 29,
1991, 56 FR 3219.
Rule 373........................ General County December 6, 1983.. August 10, 1988, Submitted on
Areas. 53 FR 30220; October 18,
vacated; restored 1985.[dagger]
on January 29,
1991, 56 FR 3219.
Figure 371-A.................... Tucson December 6, 1983.. August 10, 1988, Submitted on
Nonattainment 53 FR 30220; October 18,
Area for Total vacated; restored 1985.[dagger]
Suspended on January 29,
Particulates. 1991, 56 FR 3219.
[[Page 181]]
Figure 371-C.................... Tucson December 6, 1983.. August 10, 1988, Submitted on
Nonattainment 53 FR 30220; October 18,
Area for Carbon vacated; restored 1985.[dagger]
Monoxide. on January 29,
1991, 56 FR 3219.
Figure 372...................... Approximate December 6, 1983.. August 10, 1988, Submitted on
Boundaries of Ajo 53 FR 30220; October 18,
Area. vacated; restored 1985.[dagger]
on January 29,
1991, 56 FR 3219.
Rule 381, paragraph A, ADHS Nonattainment- December 6, 1983.. August 10, 1988, Submitted on
subparagraphs 1, 2, 3, 4, and Area Standards. 53 FR 30220; October 18,
5, and paragraph B only. vacated; restored 1985.[dagger]
on January 29,
1991, 56 FR 3219.
----------------------------------------------------------------------------------------------------------------
Tables Cited by Rules in Chapter III
----------------------------------------------------------------------------------------------------------------
Table 321, excluding the Emissions- August 17, 1979... April 16, 1982, 47 Approval excludes
``Asbestos-Containing Discharge Opacity FR 16326. the ``Asbestos-
Operation'' standards. Limiting Containing
Standards. Operation''
standards.
Submitted on
October 9, 1979.
Table 332, excluding lines (h)- Emissions- August 17, 1979... April 16, 1982, 47 Approval excludes
(m). Discharge Mass FR 16326. lines (h)-(m).
Limiting Submitted on
Standards. October 9, 1979.
Table 341, excluding the Maximum Allowable August 17, 1979... April 16, 1982, 47 Approval excludes
Beryllium ceilings. Pollutant- FR 16326. the beryllium
Concentration ceilings.
Ceilings in Submitted on
Ambient Air. October 9, 1979.
----------------------------------------------------------------------------------------------------------------
Chapter IV: Performance Standards for New Major Sources
----------------------------------------------------------------------------------------------------------------
Rule 402........................ Stack and Shop August 17, 1979... April 16, 1982, 47 Submitted on
Emissions. FR 16326. October 9, 1979.
Rule 403........................ Applicability of August 17, 1979... April 16, 1982, 47 Submitted on
More Than One FR 16326. October 9, 1979.
Standard.
Rule 411........................ Tucson Area....... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 412........................ Ajo Area.......... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 413........................ General County August 17, 1979... April 16, 1982, 47 Submitted on
Areas. FR 16326. October 9, 1979.
Rule 421........................ Applicability..... August 17, 1979... July 7, 1982, 47 Submitted on
FR 29532. October 9, 1979.
Rule 422........................ TSP Clean Air Plan August 17, 1979... July 7, 1982, 47 Submitted on
FR 29532. October 9, 1979.
Rule 423........................ TSP Emission Data August 17, 1979... July 7, 1982, 47 Submitted on
Bank. FR 29532. October 9, 1979.
Rule 424........................ Emission Offset August 17, 1979... July 7, 1982, 47 Submitted on
Requirement. FR 29532. October 9, 1979.
Rule 425........................ Lowest Achievable August 17, 1979... July 7, 1982, 47 Submitted on
Emission Rate. FR 29532. October 9, 1979.
[[Page 182]]
Rule 426........................ Existing Sources August 17, 1979... July 7, 1982, 47 Submitted on
in Compliance. FR 29532. October 9, 1979.
----------------------------------------------------------------------------------------------------------------
Chapter V: Testing and Monitoring
----------------------------------------------------------------------------------------------------------------
Rule 501........................ Applicability of August 17, 1979... April 16, 1982, 47 Submitted on
Methodology. FR 16326. October 9, 1979.
Rule 502........................ Testing August 17, 1979... April 16, 1982, 47 Submitted on
Frequencies. FR 16326. October 9, 1979.
Rule 503........................ Notification; Fees August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 504, part E, paragraph 2... Pre-Installation August 17, 1979... July 7, 1982, 47 Submitted on June
Testing or FR 29532. 1, 1981.
Modeling
Requirements.
Rule 504........................ Pre-Installation August 17, 1979... July 7, 1982, 47 Submitted on
Testing or FR 29532. October 9, 1979.
Modeling
Requirements.
Rule 505........................ Sampling and August 17, 1979... April 16, 1982, 47 Submitted on
Testing FR 16326. October 9, 1979.
Facilities.
Rule 506........................ Stack Sampling.... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 507........................ Waiver of Test August 17, 1979... April 16, 1982, 47 Submitted on
Requirements. FR 16326. October 9, 1979.
Rule 511........................ General August 17, 1979... April 16, 1982, 47 Submitted on
Requirements. FR 16326. October 9, 1979.
Rule 512........................ In-Stack August 17, 1979... April 16, 1982, 47 Submitted on
Monitoring. FR 16326. October 9, 1979.
----------------------------------------------------------------------------------------------------------------
Chapter VI: Recordkeeping and Reporting
----------------------------------------------------------------------------------------------------------------
Regulation 60 (``Classification Classification of August 17, 1979... April 16, 1982, 47 Submitted on
of Pollutants''), Rule 601. Common and FR 16326. October 9, 1979.
Hazardous Air
Pollutants.
Rule 611, paragraph A only...... Recordkeeping for June 1, 1981...... April 16, 1982, 47 Approval included
Compliance FR 16326. paragraph A only.
Determinations. Submitted on June
1, 1981.
Rule 611, paragraphs A.1 to A.3 Recordkeeping for August 17, 1979... April 16, 1982, 47 Approval included
only. Compliance FR 16326. paragraphs A.1 to
Determinations. A.3 only.
Submitted on
October 9, 1979.
Rule 612........................ Recordkeeping for August 17, 1979... April 16, 1982, 47 Submitted on
Emissions FR 16326. October 9, 1979.
Inventories.
Rule 621........................ Reporting for August 17, 1979... April 16, 1982, 47 Submitted on
Compliance FR 16326. October 9, 1979.
Evaluations.
Rule 622........................ Reporting as a August 17, 1979... April 16, 1982, 47 Submitted on
Permit FR 16326. October 9, 1979.
Requirement.
Rule 623........................ Reporting for August 17, 1979... April 16, 1982, 47 Submitted on
Emissions FR 16326. October 9, 1979.
Inventories.
Rule 624........................ Reporting for TSP August 17, 1979... April 16, 1982, 47 Submitted on
Emission Data FR 16326. October 9, 1979.
Bank.
[[Page 183]]
Rule 631........................ Confidentiality of August 17, 1979... April 16, 1982, 47 Submitted on
Trade Secrets, FR 16326. October 9, 1979.
Sales Data, and
Proprietary
Information.
Rule 641........................ Suppression; False August 17, 1979... April 16, 1982, 47 Submitted on
Information. FR 16326. October 9, 1979.
----------------------------------------------------------------------------------------------------------------
Tables Cited by Rules in Chapter VI
----------------------------------------------------------------------------------------------------------------
Table 603....................... Methodology for August 17, 1979... April 16, 1982, 47 Submitted on
Entering Records FR 16326. October 9, 1979.
of Emissions into
TSP Data Bank.
----------------------------------------------------------------------------------------------------------------
Chapter VII: Violations and Judicial Procedures
----------------------------------------------------------------------------------------------------------------
Rule 701........................ Criminal Complaint August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 703........................ Injunction........ August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 704........................ Precedence of August 17, 1979... April 16, 1982, 47 Submitted on
Actions. FR 16326. October 9, 1979.
Rule 705........................ Penalties......... August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 706, paragraphs D.1 and D.2 Reviews for August 17, 1979... April 16, 1982, 47 Approval included
only. Startup, FR 16326. paragraphs D.1
Shutdown, or and D.2 only.
Malfunctions. Submitted on June
1, 1981.
Rule 706, paragraphs A to C, Reviews for August 17, 1979... April 16, 1982, 47 Approval included
D.3, D.4, and E only. Startup, FR 16326. paragraphs A to
Shutdown, or C, D.3, D.4, and
Malfunctions. E only. Submitted
on October 9,
1979.
Rule 721........................ Evasion of Basic August 17, 1979... April 16, 1982, 47 Submitted on
Requirements. FR 16326. October 9, 1979.
Rule 722........................ Concealment of August 17, 1979... April 16, 1982, 47 Submitted on
Emissions. FR 16326. October 9, 1979.
----------------------------------------------------------------------------------------------------------------
Chapter VIII: Emergency Episodes and Public Awareness
----------------------------------------------------------------------------------------------------------------
Rule 801........................ State Jurisdiction August 17, 1979... April 16, 1982, 47 Submitted on
FR 16326. October 9, 1979.
Rule 802........................ Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Emergency FR 16326. October 9, 1979.
Conditions.
Rule 803........................ Emergency Episode August 17, 1979... April 16, 1982, 47 Submitted on
Reporting. FR 16326. October 9, 1979.
Rule 804........................ Enforcement August 17, 1979... April 16, 1982, 47 Submitted on
Actions. FR 16326. October 9, 1979.
Rule 811........................ Continuous August 17, 1979... April 16, 1982, 47 Submitted on
Monitoring of FR 16326. October 9, 1979.
Ambient Air
Pollution.
Rule 821........................ Reports to the August 17, 1979... April 16, 1982, 47 Submitted on
Public. FR 16326. October 9, 1979.
Rule 822........................ General August 17, 1979... April 16, 1982, 47 Submitted on
Information. FR 16326. October 9, 1979.
Rule 823........................ Public August 17, 1979... April 16, 1982, 47 Submitted on
Participation in FR 16326. October 9, 1979.
Rulemaking.
----------------------------------------------------------------------------------------------------------------
[[Page 184]]
Tables Cited by Rules in Chapter VIII
----------------------------------------------------------------------------------------------------------------
Table 802....................... Air Pollution August 17, 1979... April 16, 1982, 47 Submitted on
Episode Criteria. FR 16326. October 9, 1979.
Table 804....................... Possible Control August 17, 1979... April 16, 1982, 47 Submitted on
Actions During FR 16326. October 9, 1979.
Various Stages of
an Air Pollution
Episode.
----------------------------------------------------------------------------------------------------------------
Chapter IX: Appendix
----------------------------------------------------------------------------------------------------------------
Rule 901........................ General Affidavit August 17, 1979... April 16, 1982, 47 Submitted on
of Delegation. FR 16326. October 9, 1979.
Rule 902........................ Political Sub- August 17, 1979... April 16, 1982, 47 Submitted on
Divisions FR 16326. October 9, 1979.
Delegation.
Rule 903........................ Large Power Plants August 17, 1979... April 16, 1982, 47 Submitted on
Delegation. FR 16326. October 9, 1979.
Rule 904........................ Unpaved Roads August 17, 1979... April 16, 1982, 47 Submitted on
Delegation. FR 16326. October 9, 1979.
Rule 911 (``Emissions Discharge Sample and August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Velocity FR 16326. October 9, 1979.
Pollutants''), Method 1. Traverses for
Stationary
Sources.
Rule 911 (``Emissions Discharge Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Stack Gas FR 16326. October 9, 1979.
Pollutants''), Method 2. Velocity and
Volumetric Flow
Rate (Type S
Pitot Tube).
Rule 911 (``Emissions Discharge Gas Analysis for August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Carbon Dioxide, FR 16326. October 9, 1979.
Pollutants''), Method 3. Excess Air, and
Dry Molecular
Weight.
Rule 911 (``Emissions Discharge Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Moisture in Stack FR 16326. October 9, 1979.
Pollutants''), Method 4. Gases.
Rule 911 (``Emissions Discharge Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Particulate FR 16326. October 9, 1979.
Pollutants''), Method 5. Emissions from
Stationary
Sources.
Rule 911 (``Emissions Discharge Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Sulfur Dioxide FR 16326. October 9, 1979.
Pollutants''), Method 6. Emissions from
Stationary
Sources.
Rule 911 (``Emissions Discharge Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Nitrogen Oxide FR 16326. October 9, 1979.
Pollutants''), Method 7. Emissions from
Stationary
Sources.
Rule 911 (``Emissions Discharge Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Sulfuric Acid FR 16326. October 9, 1979.
Pollutants''), Method 8. Mist and Sulfur
Dioxide Emissions
from Stationary
Sources.
[[Page 185]]
Rule 911 (``Emissions Discharge Visual August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Determination of FR 16326. October 9, 1979.
Pollutants''), Method 9. the Opacity of
Emissions from
Stationary
Sources.
Rule 911 (``Emissions Discharge Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Carbon Monoxide FR 16326. October 9, 1979.
Pollutants''), Method 10. Emissions from
Stationary
Sources.
Rule 911 (``Emissions Discharge Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Hydrogen Sulfide FR 16326. October 9, 1979.
Pollutants''), Method 11. Emissions from
Stationary
Sources.
Rule 911 (``Emissions Discharge Semi-Continuous August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Determination of FR 16326. October 9, 1979.
Pollutants''), Method 16. Sulfur Emissions
from Stationary
Sources.
Rule 911 (``Emissions Discharge Determination of August 17, 1979... April 16, 1982, 47 Submitted on
Testing for Common Air Particulate FR 16326. October 9, 1979.
Pollutants''), Method 17. Emissions from
Stationary
Sources (In-Stack
Filtration
Method).
Rule 911 (``Emissions Discharge Determination of June 1, 1981...... April 16, 1982, 47 Submitted on June
Testing for Common Air Sulfur Dioxide FR 16326. 1, 1981.
Pollutants''), Method 19. Removal
Efficiency and
Particulate,
Sulfur Dioxide
and Nitrogen
Oxides Emission
Rates from
Electric Utility
Steam Generators.
Rule 911 (``Emissions Discharge Determination of June 1, 1981...... April 16, 1982, 47 Submitted on June
Testing for Common Air Nitrogen Oxides, FR 16326. 1, 1981.
Pollutants''), Method 20. Sulfur Dioxide
and Oxygen
Emissions from
Stationary Gas
Turbines.
Rule 913 (``Ambient Air Testing Reference Method August 17, 1979... April 16, 1982, 47 Submitted on
for Common Air Pollutants''), for the FR 16326. October 9, 1979.
Method A. Determination of
Sulfur Dioxide in
the Atmosphere
(Pararosaniline
Method).
Rule 913 (``Ambient Air Testing Reference Method August 17, 1979... April 16, 1982, 47 Submitted on
for Common Air Pollutants''), for the FR 16326. October 9, 1979.
Method B. Determination of
Suspended
Particulates in
the Atmosphere
(High Volume
Method).
[[Page 186]]
Rule 913 (``Ambient Air Testing Measurement August 17, 1979... April 16, 1982, 47 Submitted on
for Common Air Pollutants''), Principle and FR 16326. October 9, 1979.
Method C. Calibration
Procedure for the
Continuous
Measurement of
Carbon Monoxide
in the Atmosphere
(Non-Dispersive
Infrared
Spectrometry).
Rule 913 (``Ambient Air Testing Measurement August 17, 1979... April 16, 1982, 47 Submitted on
for Common Air Pollutants''), Principle and FR 16326. October 9, 1979.
Method D. Calibration
Procedure for the
Measurement of
Ozone in the
Atmosphere.
Rule 913 (``Ambient Air Testing Reference Method August 17, 1979... April 16, 1982, 47 Submitted on
for Common Air Pollutants''), for Determination FR 16326. October 9, 1979.
Method E. of Hydrocarbons
Corrected for
Methane.
Rule 913 (``Ambient Air Testing Measurement August 17, 1979... April 16, 1982, 47 Submitted on
for Common Air Pollutants''), Principle and FR 16326. October 9, 1979.
Method F. Calibration
Procedure for the
Measurement of
Nitrogen Dioxide
in the Atmosphere
(Gas Phase
Chemiluminescence
).
Rule 913 (``Ambient Air Testing Reference Method August 17, 1979... April 16, 1982, 47 Submitted on
for Common Air Pollutants''), for the FR 16326. October 9, 1979.
Method G. Determination of
Lead in Suspended
Particulate
Matter collected
from Ambient Air.
Rule 913 (``Ambient Air Testing Interpretation of August 17, 1979... April 16, 1982, 47 Submitted on
for Common Air Pollutants''), the National FR 16326. October 9, 1979.
Method H. Ambient Air
Quality Standards
for Ozone.
Rule 921........................ General August 17, 1979... April 16, 1982, 47 Submitted on
Specifications. FR 16326. October 9, 1979.
Rule 922........................ Performance August 17, 1979... April 16, 1982, 47 Submitted on
Specification 1 FR 16326. October 9, 1979.
(Opacity).
Rule 923........................ Performance August 17, 1979... April 16, 1982, 47 Submitted on
Specification 2 FR 16326. October 9, 1979.
(SO2 and NOX).
Rule 924........................ Performance August 17, 1979... April 16, 1982, 47 Submitted on
Specification 3 FR 16326. October 9, 1979.
(CO2 and O2).
Rule 931........................ Guideline on Air August 17, 1979... April 16, 1982, 47 Submitted on
Quality Models. FR 16326. October 9, 1979.
Rule 932........................ Workbook for August 17, 1979... April 16, 1982, 47 Submitted on
Comparison of Air FR 16326. October 9, 1979.
Quality Models.
----------------------------------------------------------------------------------------------------------------
[[Page 187]]
Post-1993 Rule Codification
Pima County Code
Title 17. Air Quality Control
Chapter 12. Permits and Permit Revisions
Article V. Open Burning Permits
----------------------------------------------------------------------------------------------------------------
17.12.480....................... Open burning October 19, 2004.. May 16, 2006, 71 Submitted on
permits. FR 28270. December 30,
2004.
----------------------------------------------------------------------------------------------------------------
[dagger] Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir.
1990). Restored on January 29, 1991, 56 FR 3219.
Table 8--EPA-Approved Ordinances Adopted by Pima County and Other Local Jurisdictions Within Pima County
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Pima County Ordinance No. 1988- Travel Reduction April 18, 1988.... January 29, 1991, Submitted on May
72. Ordinance. 56 FR 3219. 26, 1988.
City of Tucson Ordinance No. Travel Reduction April 18, 1988.... January 29, 1991, Submitted on May
6914. Ordinance. 56 FR 3219. 26, 1988.
City of South Tucson Ordinance Travel Reduction April 18, 1988.... January 29, 1991, Adopted through
88-01. Code. 56 FR 3219. Resolutions No.
88-01 and 88-05.
Town of Marana Ordinance No. 88- Travel Reduction April 18, 1988.... January 29, 1991, Adopted through
06. Code. 56 FR 3219. Resolutions No.
88-06 and 88-07.
Submitted on May
26, 1988.
Town of Oro Valley Ordinance No. Travel Reduction April 18, 1988.... January 29, 1991, Adopted through
162. Code. 56 FR 3219. Resolutions No.
162, 326 and 327.
----------------------------------------------------------------------------------------------------------------
Table 9--EPA-Approved Pinal County Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
County citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Pinal-Gila Counties Air Pollution Control District Regulations
----------------------------------------------------------------------------------------------------------------
7-3-1.4(C)...................... Incineration...... August 7, 1980.... April 12, 1982, 47 Adopted by Pinal-
FR 15579. Gila Counties Air
Quality Control
District.
Submitted on
August 7, 1980.
Deleted with
respect to Gila
County only July
25, 2001, 66 FR
38565.
7-3-1.4 (Excluding Paragraph C). Particulate March 19, 1974.... November 15, 1978, Adopted by Pinal-
Emissions--Incine 43 FR 53031. Gila Counties Air
ration. Quality Control
District. EPA
disapproved
paragraph C.
Submitted on July
1, 1975. Deleted
with respect to
Gila County only
July 25, 2001, 66
FR 38565.
[[Page 188]]
7-3-1.5......................... Particulate March 19, 1974.... November 15, 1978, Adopted by Pinal-
Emissions--Wood 43 FR 53031. Gila Counties Air
Waste Burners. Quality Control
District.
Submitted on July
1, 1975. Deleted
with respect to
Gila County only
July 25, 2001, 66
FR 38565.
7-3-1.7(F)...................... Fuel burning August 7, 1980.... April 12, 1982, 47 Adopted by Pinal-
equipment. FR 15579. Gila Counties Air
Quality Control
District.
Submitted on
August 7, 1980.
Deleted with
respect to Gila
County only July
25, 2001, 66 FR
38565.
7-3-1.7 (Excluding Paragraph F). Particulate March 19, 1974.... November 15, 1978, Adopted by Pinal-
Emissions--Fuel 43 FR 53031. Gila Counties Air
Burning Equipment. Quality Control
District. EPA
disapproved
paragraph F.
Submitted on July
1, 1975. Deleted
with respect to
Gila County only
July 25, 2001, 66
FR 38565.
7-3-2.4......................... SO2 Emissions-- March 19, 1974.... November 15, 1978, Adopted by Pinal-
Sulfuric Acid 43 FR 53031. Gila Counties Air
Plants. Quality Control
District.
Submitted on July
1, 1975. Deleted
with respect to
Gila County only
July 25, 2001, 66
FR 38565.
7-3-5.1......................... NO2 Emissions-- March 19, 1974.... November 15, 1978, Adopted by Pinal-
Fuel Burning 43 FR 53031. Gila Counties Air
Equipment. Quality Control
District.
Submitted on July
1, 1975. Deleted
with respect to
Gila County only
July 25, 2001, 66
FR 38565.
[[Page 189]]
7-3-5.2......................... NO2 Emissions-- March 19, 1974.... November 15, 1978, Adopted by Pinal-
Nitric Acid 43 FR 53031. Gila Counties Air
Plants. Quality Control
District.
Submitted on July
1, 1975. Deleted
with respect to
Gila County only
July 25, 2001, 66
FR 38565.
----------------------------------------------------------------------------------------------------------------
Pinal County Air Quality Control District Regulations
Chapter 1. General Provisions and Definitions
----------------------------------------------------------------------------------------------------------------
1-1-010......................... Declaration of February 22, 1995. April 9, 1996, 61 Submitted on
policy. FR 15717. November 27,
1995.
1-1-020......................... Air Quality June 29, 1993..... April 9, 1996, 61 Submitted on
Control District. FR 15717. November 27,
1995.
1-1-030......................... Executive head.... June 29, 1993..... April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
1-1-040......................... Investigative June 29, 1993..... April 9, 1996, 61 Submitted on
authority. FR 15717. November 27,
1995.
1-1-060......................... Authority to June 29, 1993..... April 9, 1996, 61 Submitted on
study, cooperate FR 15717. November 27,
and hold public 1995.
hearings.
1-1-070......................... Severability June 29, 1993..... April 9, 1996, 61 Submitted on
clause. FR 15717. November 27,
1995.
1-1-080......................... Preservation of June 29, 1993..... April 9, 1996, 61 Submitted on
rights. FR 15717. November 27,
1995.
1-1-090......................... Copies and November 3, 1993.. April 9, 1996, 61 Submitted on
effective date. FR 15717. November 27,
1995.
1-1-100......................... Selecting June 29, 1993..... April 9, 1996, 61 Submitted on
interpretations. FR 15717. November 27,
1995.
1-1-106......................... Jurisdictional February 22, 1995. April 9, 1996, 61 Submitted on
Statement. FR 15717. November 27,
1995.
1-2-110......................... Adopted June 29, 1993..... April 9, 1996, 61 Submitted on
document(s). FR 15717. November 27,
1995.
1-2-120......................... Adoptions by November 3, 1993.. April 9, 1996, 61 Submitted on
reference. FR 15717. November 27,
1995.
1-3-140......................... Definitions, 74, July 23, 2014..... August 10, 2015, Adopted by the
Hearing Board. 80 FR 47859. Pinal County
Board of
Supervisors
through
Resolution No.
072314-AQ1.
Includes new text
that is
underlined and
excludes removed
text which was
struck by the
board. Submitted
by ADEQ on
September 4,
2014.
1-3-140......................... Definitions....... July 29, 1998..... November 13, 2002, Submitted on
67 FR 68764. October 7, 1998.
----------------------------------------------------------------------------------------------------------------
[[Page 190]]
Chapter 2. Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
2-1-010......................... Purpose........... June 29, 1993..... April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
2-1-020......................... Particulate matter June 29, 1993..... April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
2-1-030......................... Sulfur oxide June 29, 1993..... April 9, 1996, 61 Submitted on
(sulfur dioxide). FR 15717. November 27,
1995.
2-1-040......................... Ozone............. June 29, 1993..... April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
2-1-050......................... Carbon monoxide... June 29, 1993..... April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
2-1-060......................... Nitrogen dioxide.. June 29, 1993..... April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
2-1-070......................... Lead.............. June 29, 1993..... April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
2-2-080......................... Air quality June 29, 1993..... April 9, 1996, 61 Submitted on
monitoring FR 15717. November 27,
methods. 1995.
2-2-090......................... Air quality June 29, 1993..... April 9, 1996, 61 Submitted on
monitoring FR 15717. November 27,
procedures. 1995.
2-3-100......................... Interpretation of June 29, 1993..... April 9, 1996, 61 Submitted on
ambient air FR 15717. November 27,
quality standards. 1995.
2-3-110......................... Evaluation of air June 29, 1993..... April 9, 1996, 61 Submitted on
quality data. FR 15717. November 27,
1995.
2-4-120......................... Purpose........... June 29, 1993..... April 9, 1996, 61 Relates to
FR 15717. attainment area
classifications.
Submitted on
November 27,
1995.
2-4-130......................... Adopted June 29, 1993..... April 9, 1996, 61 Submitted on
document(s). FR 15717. November 27,
1995.
2-4-140......................... Area June 29, 1993..... April 9, 1996, 61 Submitted on
classifications FR 15717. November 27,
within Pinal 1995.
County.
2-4-150......................... Attainment status June 29, 1993..... April 9, 1996, 61 Submitted on
in Pinal County. FR 15717. November 27,
1995.
2-5-160......................... Ambient air October 12, 1995.. April 9, 1996, 61 Submitted on
increment FR 15717. November 27,
ceilings. 1995.
2-5-170......................... Baseline June 29, 1993..... April 9, 1996, 61 Submitted on
concentration. FR 15717. November 27,
1995.
2-5-180......................... Baseline date..... October 12, 1995.. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
2-5-190......................... Baseline area..... February 22, 1995. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
2-5-200......................... Exemptions........ February 22, 1995. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
2-5-210......................... Violations of June 29, 1993..... April 9, 1996, 61 Submitted on
maximum allowable FR 15717. November 27,
increases. 1995.
2-6-220......................... Violations of June 29, 1993..... April 9, 1996, 61 Submitted on
national ambient FR 15717. November 27,
air quality 1995.
standards.
2-7-230......................... Purpose........... June 29, 1993..... April 9, 1996, 61 Relates to air
FR 15717. pollution
emergency
episodes.
Submitted on
November 27,
1995.
2-7-240......................... Episode procedures June 29, 1993..... April 9, 1996, 61 Submitted on
guidelines. FR 15717. November 27,
1995.
[[Page 191]]
2-7-250......................... Definitions....... June 29, 1993..... April 9, 1996, 61 Relates to air
FR 15717. pollution
emergency
episodes.
Submitted on
November 27,
1995.
2-7-260......................... Standards......... June 29, 1993..... April 9, 1996, 61 Relates to air
FR 15717. pollution
emergency
episodes.
Submitted on
November 27,
1995.
2-7-270......................... Administrative June 29, 1993..... April 9, 1996, 61 Relates to air
requirements. FR 15717. pollution
emergency
episodes.
Submitted on
November 27,
1995.
2-8-280......................... General........... June 29, 1993..... April 28, 2004, 69 Relates to limits
FR 23103. on visible
emissions.
Submitted on
November 27,
1995.
2-8-290......................... Definitions....... June 29, 1993..... April 28, 2004, 69 Relates to limits
FR 23103. on visible
emissions.
Submitted on
November 27,
1995.
2-8-300......................... Performance May 18, 2005...... March 27, 2006, 71 Relates to limits
Standards. FR 15043. on visible
emissions.
Submitted on
September 12,
2005.
2-8-302......................... Performance January 7, 2009... April 6, 2010, 75 Submitted on June
Standards--Hayden FR 17307. 12, 2009.
PM10
Nonattainment
Area.
2-8-310......................... Exemptions........ June 29, 1993..... April 28, 2004, 69 Relates to limits
FR 23103. on visible
emissions.
Submitted on
November 27,
1995.
2-8-320......................... Monitoring and June 29, 1993..... April 28, 2004, 69 Relates to limits
records. FR 23103. on visible
emissions.
Submitted on
November 27,
1995.
----------------------------------------------------------------------------------------------------------------
Chapter 3. Permits and Permit Revisions
----------------------------------------------------------------------------------------------------------------
3-1-010......................... Purpose........... November 3, 1993.. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
3-1-030......................... Definitions....... November 3, 1993.. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
3-1-040......................... Applicability and October 12, 1995.. April 9, 1996, 61 Submitted on
classes of FR 15717. November 27,
permits. 1995.
3-1-042......................... Operating February 22, 1995. April 9, 1996, 61 Submitted on
authority and FR 15717. November 27,
obligations for a 1995.
source subject to
permit reopening.
3-1-050......................... Permit application October 12, 1995.. April 9, 1996, 61 Submitted on
requirements. FR 15717. November 27,
1995.
3-1-055......................... Completeness November 3, 1993.. April 9, 1996, 61 Submitted on
determination. FR 15717. November 27,
1995.
3-1-060......................... Permit application February 22, 1995. April 9, 1996, 61 Submitted on
review process. FR 15717. November 27,
1995.
[[Page 192]]
3-1-065......................... Permit review by November 3, 1993.. April 9, 1996, 61 Submitted on
the EPA and FR 15717. November 27,
affected states. 1995.
3-1-070......................... Permit application November 3, 1993.. April 9, 1996, 61 Submitted on
grant or denial. FR 15717. November 27,
1995.
3-1-081......................... Permit conditions. February 22, 1995. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
3-1-082......................... Emission standards November 3, 1993.. April 9, 1996, 61 Submitted on
and limitations. FR 15717. November 27,
1995.
3-1-083......................... Compliance February 22, 1995. April 9, 1996, 61 Submitted on
provisions. FR 15717. November 27,
1995.
3-1-084......................... Voluntarily February 22, 1995. December 20, 2000, Submitted on
Accepted Federal 65 FR 79742. November 27,
Enforceable 1995.
Emission
Limitations:
Applicability;
Reopening;
Effective Date.
3-1-085......................... Notice by building November 3, 1993.. April 9, 1996, 61 Submitted on
permit agencies. FR 15717. November 27,
1995.
3-1-087......................... Permit reopening, November 3, 1993.. April 9, 1996, 61 Submitted on
reissuance and FR 15717. November 27,
termination. 1995.
3-1-089......................... Permit term, February 22, 1995. April 9, 1996, 61 Submitted on
renewal and FR 15717. November 27,
expiration. 1995.
3-1-090......................... Permit transfer... November 3, 1993.. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
3-1-102......................... Permit shields.... November 3, 1993.. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
3-1-103......................... Annual emissions February 22, 1995. April 9, 1996, 61 Submitted on
inventory FR 15717. November 27,
questionnaire. 1995.
3-1-105......................... Permits containing November 3, 1993.. April 9, 1996, 61 Submitted on
the terms and FR 15717. November 27,
conditions of 1995.
federal delayed
compliance orders
(DCO) or consent
decree.
3-1-107......................... Public notice and February 22, 1995. December 20, 2000, Submitted on
participation. 65 FR 79742. November 27,
1995.
3-1-109......................... Material permit February 22, 1995. April 9, 1996, 61 Submitted on
condition. FR 15717. November 27,
1995.
3-1-110......................... Investigative November 3, 1993.. April 9, 1996, 61 Submitted on
authority. FR 15717. November 27,
1995.
3-1-120......................... Confidentiality of November 3, 1993.. April 9, 1996, 61 Submitted on
records. FR 15717. November 27,
1995.
3-1-132......................... Permit imposed June 29, 1993..... April 9, 1996, 61 Submitted on
right of entry. FR 15717. November 27,
1995.
3-1-140......................... Permit revocation. November 3, 1993.. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
3-1-150......................... Monitoring........ November 3, 1993.. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
3-1-160......................... Test methods and November 3, 1993.. April 9, 1996, 61 Submitted on
procedures. FR 15717. November 27,
1995.
3-1-170......................... Performance tests. November 3, 1993.. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
3-1-173......................... Quality assurance. November 3, 1993.. April 9, 1996, 61 Submitted on
FR 15717. November 27,
1995.
[[Page 193]]
3-1-175......................... Certification of November 3, 1993.. April 9, 1996, 61 Submitted on
truth, accuracy FR 15717. November 27,
and completeness. 1995.
3-1-177......................... Stack height November 3, 1993.. April 9, 1996, 61 Submitted on
limitation. FR 15717. November 27,
1995.
3-2-180......................... Facility changes November 3, 1993.. April 9, 1996, 61 Submitted on
allowed without FR 15717. November 27,
permit revisions. 1995.
3-2-185......................... Administrative November 3, 1993.. April 9, 1996, 61 Submitted on
permit amendments. FR 15717. November 27,
1995.
3-2-190......................... Minor permit November 3, 1993.. April 9, 1996, 61 Submitted on
revisions. FR 15717. November 27,
1995.
3-2-195......................... Significant permit November 3, 1993.. April 9, 1996, 61 Submitted on
revisions. FR 15717. November 27,
1995.
3-3-200......................... Purpose........... November 3, 1993.. April 9, 1996, 61 Relates to permit
FR 15717. requirements for
new major sources
and major
modifications to
existing major
sources.
Submitted on
November 27,
1995.
3-3-203......................... Definitions....... November 3, 1993.. April 9, 1996, 61 Relates to permit
FR 15717. requirements for
new major sources
and major
modifications to
existing major
sources.
Submitted on
November 27,
1995.
3-3-205......................... Application November 3, 1993.. April 9, 1996, 61 Relates to permit
requirements. FR 15717. requirements for
new major sources
and major
modifications to
existing major
sources.
Submitted on
November 27,
1995.
3-3-210......................... Application review February 22, 1995. April 9, 1996, 61 Relates to permit
process. FR 15717. requirements for
new major sources
and major
modifications to
existing major
sources.
Submitted on
November 27,
1995.
3-3-250......................... Permit and permit February 22, 1995. April 9, 1996, 61 Relates to permit
revision FR 15717. requirements for
requirements for new major sources
sources located and major
in attainment and modifications to
unclassifiable existing major
areas. sources.
Submitted on
November 27,
1995.
[[Page 194]]
3-3-260......................... Air quality impact November 3, 1993.. April 9, 1996, 61 Relates to permit
analysis and FR 15717. requirements for
monitoring new major sources
requirements. and major
modifications to
existing major
sources.
Submitted on
November 27,
1995.
3-3-270......................... Innovative control November 3, 1993.. April 9, 1996, 61 Relates to permit
technology. FR 15717. requirements for
new major sources
and major
modifications to
existing major
sources.
Submitted on
November 27,
1995.
3-3-275......................... Air quality models November 3, 1993.. April 9, 1996, 61 Relates to permit
FR 15717. requirements for
new major sources
and major
modifications to
existing major
sources.
Submitted on
November 27,
1995.
3-3-280......................... Visibility November 3, 1993.. April 9, 1996, 61 Relates to permit
protection. FR 15717. requirements for
new major sources
and major
modifications to
existing major
sources.
Submitted on
November 27,
1995.
3-8-700......................... General Provisions October 27, 2004.. May 16, 2006, 71 Relates to open
FR 28270. burning.
Submitted on
December 30,
2004.
3-8-710......................... Permit Provisions October 27, 2004.. May 16, 2006, 71 Relates to open
and FR 28270. burning.
Administration. Submitted on
December 30,
2004.
----------------------------------------------------------------------------------------------------------------
Chapter 4. Emissions from Existing and New Non-Point Sources
----------------------------------------------------------------------------------------------------------------
4-1-010......................... General January 1, 2016... May 1, 2017, 82 FR Submitted on
Applicability. 20267. December 21, 2015
as ``Chapter 4,
Article 1''.
4-1-015......................... Exemptions........ January 1, 2016... May 1, 2017, 82 FR Submitted on
20267. December 21, 2015
as ``Chapter 4,
Article 1''.
4-1-020......................... Definitions....... January 1, 2016... May 1, 2017, 82 FR Submitted on
20267. December 21, 2015
as ``Chapter 4,
Article 1''.
[[Page 195]]
4-1-030......................... Standards......... January 1, 2016... May 1, 2017, 82 FR Submitted on
20267. December 21, 2015
as ``Chapter 4,
Article 1''.
4-1-040......................... Recordkeeping..... January 1, 2016... May 1, 2017, 82 FR Submitted on
20267. December 21, 2015
as ``Chapter 4,
Article 1''.
4-1-045......................... Reporting January 1, 2016... May 1, 2017, 82 FR Submitted on
Requirements. 20267. December 21, 2015
as ``Chapter 4,
Article 1''.
4-1-050......................... Records Retention. January 1, 2016... May 1, 2017, 82 FR Submitted on
20267. December 21, 2015
as ``Chapter 4,
Article 1''.
4-1-060......................... Violations........ January 1, 2016... May 1, 2017, 82 FR Submitted on
20267. December 21, 2015
as ``Chapter 4,
Article 1''.
4-2-020......................... Fugitive Dust-- December 4, 2002.. April 6, 2010, 75 Submitted on June
General. FR 17307. 12, 2009.
4-2-030......................... Fugitive Dust-- December 4, 2002.. April 6, 2010, 75 Submitted on June
Definitions. FR 17307. 12, 2009.
4-2-040......................... Standards......... June 29, 1993..... August 1, 2007, 72 Relates to
FR 41896. fugitive dust.
Submitted on
November 27,
1995.
4-2-050......................... Monitoring and May 14, 1997...... August 1, 2007, 72 Relates to
Records. FR 41896. fugitive dust.
Submitted on
October 7, 1998.
4-3-160......................... General January 1, 2016... May 1, 2017, 82 FR Submitted on
Provisions--West 20267. December 21, 2015
Pinal PM10 as ``Chapter 4,
Nonattainment Article 3''.
Area.
4-3-170......................... Definitions....... January 1, 2016... May 1, 2017, 82 FR Submitted on
20267. December 21, 2015
as ``Chapter 4,
Article 3''.
4-3-180......................... Dust Generating January 1, 2016... May 1, 2017, 82 FR Submitted on
Operations 20267. December 21, 2015
Standards, as ``Chapter 4,
Application, Article 3''.
Permit and
Recordkeeping
Requirements.
4-3-190......................... Violations........ January 1, 2016... May 1, 2017, 82 FR Submitted on
20267. December 21, 2015
as ``Chapter 4,
Article 3''.
[[Page 196]]
4-4-100......................... General Provisions October 1, 2009... April 6, 2010, 75 Relates to PM-10
FR 17307. Non-attainment
Area Rules;
Dustproofing and
Stabilization for
Commercial
Unpaved Parking,
Drive and Working
Yards. Submitted
on June 12, 2009.
4-4-110......................... Definitions....... October 1, 2009... April 6, 2010, 75 Relates to PM-10
FR 17307. Non-attainment
Area Rules;
Dustproofing and
Stabilization for
Commercial
Unpaved Parking,
Drive and Working
Yards. Submitted
on June 12, 2009.
4-4-120......................... Objective October 1, 2009... April 6, 2010, 75 Relates to PM-10
Standards. FR 17307. Non-attainment
Area Rules;
Dustproofing and
Stabilization for
Commercial
Unpaved Parking,
Drive and Working
Yards. Submitted
on June 12, 2009.
4-4-130......................... Work Practice October 1, 2009... April 6, 2010, 75 Relates to PM-10
Standards. FR 17307. Non-attainment
Area Rules;
Dustproofing and
Stabilization for
Commercial
Unpaved Parking,
Drive and Working
Yards. Submitted
on June 12, 2009.
4-4-140......................... Recordkeeping and October 1, 2009... April 6, 2010, 75 Relates to PM-10
Records Retention. FR 17307. Non-attainment
Area Rules;
Dustproofing and
Stabilization for
Commercial
Unpaved Parking,
Drive and Working
Yards. Submitted
on June 12, 2009.
[[Page 197]]
4-5-150......................... Stabilization for October 1, 2009... April 6, 2010, 75 Relates to PM-10
Residential FR 17307. Non-attainment
Parking and Area Rules;
Drives; Stabilization for
Applicability. Residential
Parking and
Drives. Submitted
on June 12, 2009.
4-5-160......................... Residential October 1, 2009... April 6, 2010, 75 Relates to PM-10
Parking Control FR 17307. Non-attainment
Requirement. Area Rules;
Stabilization for
Residential
Parking and
Drives. Submitted
on June 12, 2009.
4-5-170......................... Deferred October 1, 2009... April 6, 2010, 75 Relates to PM-10
enforcement date. FR 17307. Non-attainment
Area Rules;
Stabilization for
Residential
Parking and
Drives. Submitted
on June 12, 2009.
4-7-210......................... Definitions....... June 3, 2009...... April 6, 2010, 75 Relates to
FR 17307. Construction
Sites in Non-
Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
4-7-214......................... General Provisions June 3, 2009...... April 6, 2010, 75 Relates to
FR 17307. Construction
Sites in Non-
Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
4-7-218......................... Applicability; June 3, 2009...... April 6, 2010, 75 Relates to
Development FR 17307. Construction
Activity. Sites in Non-
Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
4-7-222......................... Owner and/or June 3, 2009...... April 6, 2010, 75 Relates to
Operator FR 17307. Construction
Liability. Sites in Non-
Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
4-7-226......................... Objective June 3, 2009...... April 6, 2010, 75 Relates to
Standards; Sites. FR 17307. Construction
Sites in Non-
Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
[[Page 198]]
4-7-230......................... Obligatory Work June 3, 2009...... April 6, 2010, 75 Relates to
Practice FR 17307. Construction
Standards; Sites. Sites in Non-
Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
4-7-234......................... Nonattainment-Area June 3, 2009...... April 6, 2010, 75 Relates to
Dust Permit FR 17307. Construction
Program; General Sites in Non-
Provisions. Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
4-7-238......................... Nonattainment Area June 3, 2009...... April 6, 2010, 75 Relates to
Site Permits. FR 17307. Construction
Sites in Non-
Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
4-7-242......................... Nonattainment Area June 3, 2009...... April 6, 2010, 75 Relates to
Block Permits. FR 17307. Construction
Sites in Non-
Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
4-7-246......................... Recordkeeping and June 3, 2009...... April 6, 2010, 75 Relates to
Records Retention. FR 17307. Construction
Sites in Non-
Attainment Areas--
Fugitive Dust.
Submitted on June
12, 2009.
4-9-320......................... Test Methods for June 3, 2009...... April 6, 2010, 75 Submitted on June
Stabilization for FR 17307. 12, 2009.
Unpaved Roads and
Unpaved Parking
Lots.
4-9-340......................... Visual Opacity June 3, 2009...... April 6, 2010, 75 Submitted on June
Test Methods. FR 17307. 12, 2009.
----------------------------------------------------------------------------------------------------------------
Chapter 5. Stationary Source Performance Standards
----------------------------------------------------------------------------------------------------------------
5-18-740........................ Storage of February 22, 1995. December 26, 2000, Submitted on
Volatile Organic 65 FR 81371. November 27,
Compounds--Organi 1995.
c Compound
Emissions.
5-19-800........................ General........... February 22, 1995. December 26, 2000, Relates to loading
65 FR 81371. of organic
liquids.
Submitted on
November 27,
1995.
5-22-950........................ Fossil Fuel Fired February 22, 1995. September 29, Submitted on
Steam Generator 2000, 65 FR 58359. November 27,
Standard 1995.
Applicability.
[[Page 199]]
5-22-960........................ Fossil Fuel Fired February 22, 1995. September 29, Submitted on
Steam Generator 2000, 65 FR 58359. November 27,
Sulfur Dioxide 1995.
Emission
Limitation.
5-24-1032....................... Federally February 22, 1995. April 17, 2012, 77 Submitted on
Enforceable FR 22676. November 27,
Minimum Standard 1995.
of Performance--
Process
Particulate
Emissions.
5-24-1040....................... Carbon Monoxide February 22, 1995. April 28, 2004, 69 Submitted on
Emissions--Indust FR 23103. November 27,
rial Processes. 1995.
5-24-1045....................... Sulfite Pulp February 22, 1995. September 29, Submitted on
Mills--Sulfur 2000, 65 FR 58359. November 27,
Compound 1995.
Emissions.
5-24-1055....................... Pumps and February 22, 1995. December 26, 2000, Submitted on
Compressors--Orga 65 FR 81371. November 27,
nic Compound 1995.
Emissions.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved source-specific requirements.
EPA-Approved Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
Name of source Order/permit No. Effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Arizona Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
Arizona Electric Power Significant May 13, 2014...... April 10, 2015, 80 Permit issued by
Cooperative's Apache Generating Revision No. FR 19220. the Arizona
Station. 59195 to Air Department of
Quality Control Environmental
Permit No. 55412, Quality.
excluding section Submitted on May
V.D. 13, 2014.
Cholla Power Plant.............. Significant Permit October 16, 2015.. March 27, 2017, 82 Permit issued by
Revision No. FR 15139. Arizona
61713 to Department of
Operating Permit Environmental
No. 53399. Quality.
Submitted on
October 22, 2015.
Coronado Generating Station..... Permit 64169 (as November 9, 2017.. October 10, 2017, Permit issued by
amended by 82 FR 46903. Arizona
Significant Department of
Revision 63088) Environmental
Cover Page and Quality.
Attachment ``E'': Submitted on
BART Alternatives. December 15,
2016.
----------------------------------------------------------------------------------------------------------------
Maricopa County Air Quality Department
----------------------------------------------------------------------------------------------------------------
W.R. Meadows of Arizona, Inc., V98-0004, February 17, 2005. June 14, 2005, 70 Permit issued by
Goodyear, Arizona. condition 23. FR 34357. the Maricopa
County Air
Quality
Department.
Submitted on
April 20, 2005.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved Arizona nonregulatory provisions and quasi-
regulatory measures.
[[Page 200]]
Table 1--EPA-Approved Non-Regulatory and Quasi-Regulatory Measures
[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \1\
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State submittal
Name of SIP provision nonattainment area date EPA approval date Explanation
or title/subject
----------------------------------------------------------------------------------------------------------------
The State of Arizona Air Pollution Control Implementation Plan
Clean Air Act Section 110(a)(2) State Implementation Plan Elements (Excluding Part D Elements and Plans)
----------------------------------------------------------------------------------------------------------------
Chapter 1--Introduction......... State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Appendix G--Policy Statement on State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
Air Pollution Control. FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Chapter 2--Legal Authority, State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
excluding section 2.9 FR 15080. is dated May 26,
(``Jurisdiction over Indian 1972; received by
Lands''). EPA on May 30,
1972. See table 1
of subsection (c)
and table 3 of
subsection (e).
Section 2.9 was
deleted without
replacement at 81
FR 7209 (February
11, 2016).
Assertion of State Jurisdiction Apache, Navajo, February 3, 1975.. July 31, 1978, 43
over Apache, Navajo, Santa Santa Cruz, FR 33245.
Cruz, and Yavapai Counties; Yavapai, Cochise,
Assertion of State Jurisdiction and Mohave
over Cochise County; and Counties.
Assertion of State Jurisdiction
over specific sources in Mohave
County.
Chapter 3--Air Quality Data..... State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Chapter 4--Emission Data........ State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Chapter 5--Air Quality State-wide........ February 15, 1980. August 10, 1981,
Surveillance Network (February 46 FR 40512.
1980).
[[Page 201]]
Chapter 6--Control Strategy..... State-wide........ May 26, 1972...... July 27, 1972, 37 SIP elements
FR 15080. developed to
address CAA
requirements in
designated
nonattainment
areas as well as
maintenance plans
are listed at the
end of this
table.
Chapter 7--Compliance Schedules. State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Chapter 8--Emergency Episode State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
Prevention. FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Appendix E--Emergency Episode State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
Communications Manual. FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Chapter 9--Review of New Sources State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
and Modifications. FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Setting Applicability State-wide........ Submitted on November 2, 2015,
Thresholds, pages 1547-1549 in October 29, 2012, 80 FR 67319.
Appendix A to ``State and supplemented
Implementation Plan Revision: on September 6,
New Source Review'' adopted on 2013 and July 2,
October 29, 2012. 2014.
Memorandum, ``Proposed Final State-wide........ Submitted on November 2, 2015,
Permits to be Treated as October 29, 2012, 80 FR 67319.
Appealable Agency Actions,'' and supplemented
dated February 10, 2015, from on September 6,
Eric Massey, Air Quality 2013 and July 2,
Division Director to Balaji 2014.
Vaidyanathan, Permit Section
Manager, submitted on February
23, 2015..
[[Page 202]]
``State Implementation Plan State-wide........ Submitted on November 2, 2015,
Revision: New Source Review-- October 29, 2012, 80 FR 67319.
Supplement,'' relating to the and supplemented
division of jurisdiction for on September 6,
New Source Review in Arizona, 2013 and July 2,
adopted on July 2, 2014. 2014.
Letter from the Arizona State-wide........ June 1, 1988...... August 10, 1988, The commitments
Department of Environmental 53 FR 30220; apply to the
Quality, dated June 1, 1988, vacated; restored issuance of, or
committing to administer the on January 29, revision to,
provisions of the Federal New 1991, 56 FR 3219. permits for any
Source Review regulations source which is a
consistent with EPA's major stationary
requirements. source or major
modification as
defined in 40
CFR, part 51,
subpart
I.[dagger]
Letter from Maricopa County Maricopa County... July 25, 1988..... August 10, 1988, The commitments
Department of Health Services, 53 FR 30224; apply to the
Division of Public Health, vacated; restored issuance of, or
dated April 28, 1988, on January 29, revision to,
committing to administer the 1991, 56 FR 3219. permits for any
New Source Review provisions of source which is a
their regulations consistent major stationary
with EPA's requirements. source or major
modification as
defined in 40
CFR, part 51,
subpart
I.[dagger]
Letter from the Pima County Pima County....... July 22, 1988..... August 10, 1988, The commitments
Health Department, Office of 53 FR 30220; apply to the
Environmental Quality, dated vacated; restored issuance of, or
April 24, 1988 committing to on January 29, revision to,
administer the New Source 1991, 56 FR 3219. permits for any
Review provisions of their source which is a
regulations consistent with major stationary
EPA's requirements. source or major
modification as
defined in 40
CFR, part 51,
subpart
I.[dagger]
State Implementation Plan Gila County September 20, 1979 January 14, 1983, Issued by Arizona
Determination of ``Good (Hayden Copper 48 FR 1717. Department of
Engineering Practice'' Stack Smelter). Health Services.
Height.
[[Page 203]]
Technical Basis of New Source Pima County....... February 28, 1980. July 7, 1982, 47
Review Regulations, Pima FR 29532.
County, Arizona, February 6,
1980 (AQ-125-a).
Chapter 10--Source Surveillance. State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Chapter 11--Rules and State-wide........ May 26, 1972...... July 27, 1972, 37 Also, see tables 1
Regulations. FR 15080. through 6 in
section 40 CFR
52.120(c).
Chapter 12--Intergovernmental State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
Cooperation. FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Chapter 13--Resources........... State-wide........ May 26, 1972...... July 27, 1972, 37 Submittal letter
FR 15080. is dated May 26,
1972; received by
EPA on May 30,
1972.
Small Business Stationary Source State-wide........ February 1, 1995.. June 15, 1995, 60 Adopted by the
Technical and Environmental FR 31411. Arizona
Compliance Assistance Program. Department of
Environmental
Quality on
February 1, 1995.
Small Business Stationary Source State-wide........ November 13, 1992. June 15, 1995, 60 Adopted by the
Technical and Environmental FR 31411. Arizona
Compliance Assistance Program. Department of
Environmental
Quality on
November 13,
1992.
A Revised Analysis of Lead Pima County....... September 26, 1980 June 30, 1982, 47
Emissions and Ambient-Air FR 28374.
Concentrations in Pima County,
Arizona.
Arizona Lead SIP Revision....... State-wide........ April 1, 1980..... June 30, 1982, 47
FR 28374.
Arizona State Implementation Source-Specific... October 22, 2015.. March 27, 2017, 82 Revised source-
Plan Revision to the Arizona FR 15139. specific BART
Regional Haze Plan for Arizona limits for NOX
Public Service Cholla for Cholla Power
Generating Station. Plant adopted
October 22, 2015.
[[Page 204]]
Arizona State Implementation Source-Specific... December 15, 2016. October 10, 2017, BART Alternative
Plan Revision to the Arizona 82 FR 46903. for Coronado
Regional Haze Plan for the Salt Generating
River Project Coronado Station adopted
Generating Station, excluding December 14,
Appendix B. 2016.
Arizona State Implementation Source-Specific... May 13, 2014...... April 10, 2015, 80 Submitted on May
Plan, Revision to the Arizona FR 19220. 13, 2014.
Regional Haze Plan for Arizona
Electric Power Cooperative,
Incorporated, Apache Generating
Station, excluding the
appendices.
Arizona State Implementation Source-Specific... May 3, 2013....... July 30, 2013, 78
Plan Revision, Regional Haze FR 46142.
Under Section 308 of the
Federal Regional Haze Rule (May
2013), excluding:.
(i) Chapter 10, section 10.7
(regarding ASARCO Hayden
Smelter (PM10 emissions)
and Chemical Lime Company--
Nelson Lime Plant);
(ii) Chapter 11, except
subsection 11.3.1(3)
(``Focus on SO2 and NOX
pollutants'');
[[Page 205]]
(iii) Appendix D: chapter I,
except for the footnotes in
tables 1.1, 1.2 and 1.3 to
the entries for AEPCO
[Apache], and the entry in
table 1.2 for Freeport-
McMoRan Miami Smelter;
chapter VI, section C
(regarding PM10 emissions
from ASARCO Hayden
smelter); chapter XII,
section C, and chapter
XIII, subsection D; and
(iv) Appendix E.
Arizona State Implementation Source-Specific... February 28, 2011. July 30, 2013, 78
Plan, Regional Haze Under FR 46142.
Section 308 of the Federal
Regional Haze Rule (January
2011), excluding:.
[[Page 206]]
(i) Chapter 6: table 6.1;
chapter 10: sections 10.4,
10.6 (regarding Unit I4 at
the Irvington (Sundt)
Generating Station), 10.7,
and 10.8; chapter 11;
chapter 12: sections 12.7.3
(``Emission Limitation and
Schedules of Compliance'')
and 12.7.6
(``Enforceability of
Arizona's Measures''); and
chapter 13: section 13.2.3
(``Arizona and Other State
Emission Reductions
Obligations'');
[[Page 207]]
(ii) Appendix D: chapter I;
chapter V (regarding Unit
I4 at the Irvington (Sundt)
Generating Station);
chapter VI, sections C and
D; chapter VII; chapter IX;
chapter X, section E.1;
chapter XI, section D;
chapter XII, sections B and
C; chapter XIII, sections
B, C, and D; and chapter
XIV, section D; and
(iii) Appendix E.
Arizona State Implementation Source-Specific... February 28, 2011. December 5, 2012, Certain source-
Plan, Regional Haze Under 77 FR 72512. specific Best
Section 308 of the Federal Available
Regional Haze Rule: Appendix D, Retrofit
Arizona BART--Supplemental Technology (BART)
Information:. limits at three
electric
generating
stations.
(i) Table 1.1--NOX BART,
entry for AEPCO [Apache],
ST1 [Unit 1] only.
(ii) Table 1.2--PM10 BART,
entries for AEPCO [Apache],
APS Cholla Power Plant and
SRP Coronado Generating
Station.
[[Page 208]]
(iii) Table 1.3--SO2 BART,
entries for AEPCO, APS
Cholla Power Plant and SRP
Coronado Generating
Station.
Arizona State Implementation State-wide........ October 14, 2011.. August 10, 2015, Adopted by the
Plan Revision under Clean Air 80 FR 47859. Arizona
Act Section 110(a)(1) and (2); Department of
Implementation of the 2008 Lead Environmental
National Ambient Air Quality Quality on
Standards, excluding the October 14, 2011.
appendices.
SIP Revision: Clean Air Act State-wide........ December 3, 2015.. May 19, 2016, 81 Adopted by the
Section 110(a)(2)(D), 2008 FR 31513; Arizona
Ozone National Ambient Air correcting Department of
Quality Standards (December 3, amendment on June Environmental
2015). 6, 2016, 81 FR Quality on
31679. December 3, 2015.
Arizona State Implementation State-wide........ December 27, 2012. August 10, 2015, Adopted by the
Plan Revision under Clean Air 80 FR 47859. Arizona
Act Section 110(a)(1) and (2); Department of
2008 8-hour Ozone NAAQS, Environmental
excluding the appendices. Quality on
December 27,
2012.
Arizona State Implementation State-wide........ January 18, 2013.. August 21, 2018, Adopted by the
Plan Revision under Clean Air 83 FR 42214. Arizona
Act Section 110(a)(1) and (2); Department of
Implementation of the 2010 NO2 Environmental
National Ambient Air Quality Quality on
Standards, excluding the January 18, 2013.
appendices.
[[Page 209]]
Arizona State Implementation State-wide........ July 23, 2013..... August 21, 2018, Adopted by the
Plan Revision under Clean Air 83 FR 42214. Arizona
Act Section 110(a)(1) and (2); Department of
Implementation of the 2010 SO2 Environmental
National Ambient Air Quality Quality on July
Standards, excluding the 23, 2013.
appendices.
Arizona State Implementation State-wide........ December 3, 2015.. August 21, 2018, Adopted by the
Plan Revision under Clean Air 83 FR 42214. Arizona
Act Section 110(a)(1) and (2); Department of
Implementation of the 2008 Environmental
ozone and 2010 NO2 National Quality on
Ambient Air Quality Standards, December 3, 2015.
excluding:
(i) The submission in
Enclosure 1 titled ``SIP
Revision: Clean Air Act
Section 110(a)(2)(D) 2008
Ozone National Ambient Air
Quality Standards Air
Quality Division'' dated
December 3, 2015;
(ii) All appendices in
Enclosure 1; and Enclosure
2.
Ordinance No. 1993-128, Section Pima County....... December 19, 2013. August 10, 2015, Adopted by the
1, 17.040.190 ``Composition'' 80 FR 47859. Board of
Section 6, 17.24.040 Supervisors of
``Reporting for compliance Pima County,
evaluations''. Arizona on
September 28,
1993.
[[Page 210]]
Ordinance 2005-43, Chapter Pima County....... December 19, 2013. August 10, 2015, Adopted by the
17.12, Permits and Permit 80 FR 47859. Board of
Revisions, section 2, 17.12.040 Supervisors of
``Reporting Requirements''. Pima County,
Arizona on April
19, 2005.
Arizona State Implementation State-wide........ October 14, 2009.. November 5, 2012, Adopted by the
Plan Revision under Clean Air 77 FR 66398. Arizona
Act Section 110(a)(1) and (2): Department of
Implementation of 2006 PM2.5 Environmental
National Ambient Air Quality Quality on
Standards, 1997 PM2.5 National October 14, 2009.
Ambient Air Quality Standards,
and 1997 8-Hour Ozone National
Ambient Air Quality Standards,
September 2009, excluding the
appendices.
Final Supplement to the Arizona State-wide........ August 24, 2012... November 5, 2012, Adopted by the
State Implementation Plan under 77 FR 66398. Arizona
Clean Air Act Section 110(a)(1) Department of
and (2): Implementation of 2006 Environmental
PM2.5 National Ambient Air Quality on August
Quality Standards, 1997 PM2.5 24, 2012.
National Ambient Air Quality
Standards, and 1997 8-Hour
Ozone National Ambient Air
Quality Standards, August 2012,
excluding the appendices.
Revision to the Arizona State Statewide......... May 24, 2007...... July 31, 2007, 72 Interstate
Implementation Plan Under Clean FR 41629. Transport SIP
Air Act Section adopted by the
110(a)(2)(D)(i)--Regional Arizona
Transport (May 2007). Department of
Environmental
Quality on May
24, 2007.
----------------------------------------------------------------------------------------------------------------
[[Page 211]]
Part D Elements and Plans (Other than for the Metropolitan Phoenix or Tucson Areas)
----------------------------------------------------------------------------------------------------------------
SIP Revision: Hayden Lead Hayden, AZ Lead March 3, 2017..... November 14, 2018, Adopted by the
Nonattainment Area, excluding Nonattainment 83 FR 56734. Arizona
Appendix C. Area. Department of
Environmental
Quality on March
3, 2017.
Arizona State Implementation Miami, AZ Sulfur March 9, 2017..... March 12, 2019, 84 Adopted by the
Plan Revision: Miami Sulfur Dioxide FR 8813. Arizona
Dioxide Nonattainment Area for Nonattainment Department of
the 2010 SO2 NAAQS, excluding Area. Environmental
Appendix D. Quality on March
8, 2017.
Arizona State Implementation Ajo Sulfur Dioxide February 22, 2013. January 9, 2017, Adopted by the
Plan Revision, Maintenance Plan Air Quality 82 FR 2239. Arizona
for the Ajo Sulfur Dioxide Area Planning Area. Department of
(1971 NAAQS), (February 2013), Environmental
excluding Appendix C, Quality on
``Overview of Point Source February 22,
Emissions Limits and Potential 2013. Fulfills
to Emit''. requirements for
second ten-year
maintenance
plans. The SIP
includes a
request to
correct the
maintenance area
boundary.
Ajo Sulfur Dioxide State Ajo Sulfur Dioxide June 18, 2002..... November 3, 2003, Adopted by the
Implementation and Maintenance Air Quality 68 FR 62239. Arizona
Plan. Planning Area. Department of
Environmental
Quality on June
18, 2002.
Bullhead City Moderate Area PM10 Bullhead City PM10 February 7, 2002.. June 26, 2002, 67 Adopted by the
Maintenance Plan and Request Air Quality FR 43020. Arizona
for Redesignation to Attainment. Planning Area. Department of
Environmental
Quality on
February 7, 2002.
Douglas Sulfur Dioxide Douglas Sulfur December 14, 2001. February 28, 2006, Adopted by the
Nonattainment Area State Dioxide Air 71 FR 9941. Arizona
Implementation and Maintenance Quality Planning Department of
Plan, dated November 29, 2001. Area. Environmental
Quality on
December 14,
2001.
Modeling Supplement-Douglas Douglas Sulfur April 2, 2004..... February 28, 2006, Adopted by the
Sulfur Dioxide (SO2) State Dioxide Air 71 FR 9941. Arizona
Implementation and Maintenance Quality Planning Department of
Plan. Area. Environmental
Quality on April
2, 2004.
[[Page 212]]
Modeling and Emissions Inventory Douglas Sulfur September 16, 2005 February 28, 2006, Adopted by the
Supplement for the Douglas Dioxide Air 71 FR 9941. Arizona
Sulfur Dioxide Nonattainment Quality Planning Department of
Area State Implementation and Area. Environmental
Maintenance Plan and Quality on
Redesignation Request, dated September 16,
September 2005. 2005.
Maintenance Plan Renewal, 1971 Douglas Sulfur December 14, 2016. June 8, 2018, 83 Adopted by the
Sulfur Dioxide National Ambient Dioxide Air FR 26596. Arizona
Air Quality Standards, Douglas Quality Planning Department of
Maintenance Area. Area. Environmental
Quality on
December 14,
2016. Fulfills
requirements for
second 10-year
maintenance plan.
Final Miami Sulfur Dioxide Miami Sulfur June 26, 2002..... January 24, 2007, Adopted by ADEQ on
Nonattainment Area State Dioxide Air 72 FR 3061. June 26, 2002.
Implementation and Maintenance Quality Planning Incorporates
Plan (June 2002) (revised May Area. replacement pages
26, 2004), excluding appendix A for the cover
(``SIP Support Information''), page and pages
sections A.1 (``Pertinent iii, 2, 3, 4 and
Sections of the Arizona 49 enclosed with
Administrative Code'') and A.2 letter from ADEQ
(``Information Regarding dated June 30,
Revisions to AAC R18-2-715 and 2004. Includes a
R18-2-715.01, `Standards of letter from
Performance for Primary Copper Stephen A. Owens,
Smelters: Site Specific Director, Arizona
Requirements; Compliance and Department of
Monitoring' ''); and appendix D Environmental
(``SIP Public Hearing Quality, dated
Documentation''). June 20, 2006,
withdrawing a
section
107(d)(3)(D)
boundary
redesignation
request included
in the Miami
Sulfur Dioxide
Nonattainment
Area State
Implementation
and Maintenance
Plan and
requesting a
section 110(k)(6)
error correction.
[[Page 213]]
Arizona State Implementation Morenci Sulfur December 18, 2014. January 9, 2017, Adopted by the
Plan Revision, Maintenance Plan Dioxide Air 82 FR 2239. Arizona
for the Morenci Sulfur Dioxide Quality Planning Department of
Area (1971 NAAQS), (December Area. Environmental
2014). Quality on
December 18,
2014. Fulfills
requirements for
second ten-year
maintenance
plans.
Morenci Sulfur Dioxide Morenci Sulfur June 21, 2002..... April 26, 2004, 69 Adopted by the
Nonattainment Area State Dioxide Air FR 22447. Arizona
Implementation and Maintenance Quality Planning Department of
Plan. Area. Environmental
Quality on June
21, 2002.
Final Update of the Limited Payson PM10 Air January 23, 2012.. March 19, 2014, 79 Adopted by the
Maintenance Plan for the Payson Quality Planning FR 15227. Arizona
PM10 Maintenance Area (December Area. Department of
2011). Environmental
Quality on
January 23, 2012.
Payson Moderate Area PM10 Payson PM10 Air March 29, 2002.... June 26, 2002, 67 Adopted by the
Maintenance Plan and Request Quality Planning FR 43013. Arizona
for Redesignation to Attainment. Area. Department of
Environmental
Quality on March
29, 2002.
Arizona State Implementation Nogales PM2.5 September 6, 2013. February 9, 2015, Adopted by the
Plan Revision for the Nogales Nonattainment 80 FR 6907. Arizona
PM2.5 Nonattainment Area Area. Department of
(September 2013), including Environmental
appendices A and B. Quality on
September 6.
2013.
Final 2012 State Implementation Nogales PM10 August 24, 2012... September 25,
Plan Nogales PM10 Nonattainment Nonattainment 2012, 77 FR 58962.
Area. Area.
Final Arizona State San Manuel Sulfur June 7, 2007...... January 18, 2008,
Implementation Plan Revision, Dioxide 73 FR 3396.
San Manuel Sulfur Dioxide Nonattainment
Nonattainment Area, March 2007. Area.
San Manuel Sulfur Dioxide San Manuel Sulfur April 21, 2017.... December 15, 2017, Adopted by the
Maintenance Plan Renewal, 1971 Dioxide Air 82 FR 59520. Arizona
Sulfur Dioxide National Ambient Quality Planning Department of
Air Quality Standards (April Area. Environmental
2017). Quality on April
21, 2017.
Fulfills
requirements for
second 10-year
maintenance plan.
----------------------------------------------------------------------------------------------------------------
[[Page 214]]
Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas
----------------------------------------------------------------------------------------------------------------
MAG 2014 State Implementation Maricopa Eight- September 2, 2014. November 16, 2015, Adopted by the
Plan Revision for the Removal Hour Ozone 80 FR 70689. Regional Council
of Stage II Vapor Recovery Nonattainment of the Maricopa
Controls in the Maricopa Eight- Area. Association of
Hour Ozone Nonattainment Area Governments on
(August 2014), excluding August 27, 2014.
appendix A, exhibit 2
(``Arizona Revised Statutes
Listed in Table 1-1'').
Final Addendum to the Arizona Area A--i.e., January 11, 2011.. May 22, 2013, 78 Adopted by the
State Implementation Plan Phoenix FR 30209. Arizona
Revision, Exemption of metropolitan area. Department of
Motorcycles from Vehicle Environmental
Emissions Inspections and Quality on
Maintenance Program January 11, 2011.
Requirements in Area A, October
2009 (December 2010).
Final Arizona State Area A--i.e., November 6, 2009.. May 22, 2013, 78 Adopted by the
Implementation Plan Revision, Phoenix FR 30209. Arizona
Exemption of Motorcycles from metropolitan area. Department of
Vehicle Emissions Inspections Environmental
and Maintenance Program Quality on
Requirements in Area A (October November 6, 2009.
2009), excluding appendices A
and C.
September 2006 Supplement to Areas A and B-- October 3, 2006... March 30, 2007, 72 Adopted by the
Final Arizona State i.e., Phoenix and FR 15046. Arizona
Implementation Plan Revision, Tucson Department of
Basic and Enhanced Vehicle metropolitan Environmental
Emissions Inspection/ areas. Quality on
Maintenance Programs, December October 3, 2006.
2005, excluding appendices.
[[Page 215]]
Final Arizona State Areas A and B-- December 23, 2005. March 30, 2007, 72 Adopted by the
Implementation Plan Revision, i.e., Phoenix and FR 15046. Arizona
Basic and Enhanced Vehicle Tucson Department of
Emissions Inspection/ metropolitan Environmental
Maintenance Programs (December areas. Quality on
2005), excluding appendices. December 23,
2005.
MAG 2013 Carbon Monoxide Maricopa County April 2, 2013..... March 3, 2016, 81 Adopted by the
Maintenance Plan for the Carbon Monoxide FR 11120. Arizona
Maricopa County Area, March Air Quality Department of
2013. Planning Area. Environmental
Quality on April
2, 2013.
MAG Carbon Monoxide Maricopa County June 16, 2003..... March 9, 2005, 70 Adopted by the
Redesignation Request and Carbon Monoxide FR 11553. Arizona
Maintenance Plan for the Air Quality Department of
Maricopa County Nonattainment Planning Area. Environmental
Area and Appendices, dated May Quality on June
2003. 16, 2003.
Revised MAG 1999 Serious Area Maricopa County April 18, 2001.... March 9, 2005, 70 Adopted by the
Carbon Monoxide Plan for the Carbon Monoxide FR 11553. Maricopa
Maricopa County Nonattainment Air Quality Association of
Area, dated March 2001. Planning Area. Governments on
March 28, 2001
and by the
Arizona
Department of
Environmental
Quality on April
18, 2001. March
9, 2005 final
rule was
corrected at
September 6,
2005, 70 FR
52928.
[[Page 216]]
Addendum to MAG 1987 Carbon Maricopa County... July 22, 1988..... August 10, 1988, Supplemental
Monoxide Plan for the Maricopa 53 FR 30224; information
County Nonattainment Area, July vacated; restored related to the
21, 1988. on January 29, SIP revision of
1991, 56 FR 3219. July 18, 1988.
Vacated by the
U.S. Court of
Appeals for the
Ninth Circuit in
Delaney v. EPA.
Control and
committal
measures were
restored on
January 29, 1991,
56 FR 3219. EPA
disapproved the
attainment
demonstration,
conformity and
contingency
portions of the
1988 Addendum at
40 CFR
52.124(a)(1). See
56 FR 5458
(February 11,
1991).
Maricopa Association of Maricopa County October 5, 1987... August 10, 1988, Adopted on July
Governments (MAG) 1987 Carbon Carbon Monoxide 53 FR 30224; 10, 1987. Vacated
Monoxide (CO) Plan for the Air Quality vacated; restored by the U.S. Court
Maricopa County Area, MAG CO Planning Area. on January 29, of Appeals for
Plan Commitments for 1991, 56 FR 3219. the Ninth Circuit
Implementation, and Appendix A in Delaney v.
through E, Exhibit 4, Exhibit D. EPA. Control and
committal
measures were
restored on
January 29, 1991,
56 FR 3219. EPA
disapproved the
attainment
demonstration,
conformity and
contingency
portions of the
1987 MAG CO Plan
at 40 CFR
52.124(a)(1). See
56 FR 5458
(February 11,
1991).
MAG 2014 Eight-Hour Ozone Plan-- Phoenix-Mesa 2008 July 2, 2014...... October 16, 2015,
Submittal of Marginal Area 8-hour ozone 80 FR 62457.
Requirements for the Maricopa nonattainment
Nonattainment Area (June 2014), area.
excluding:
[[Page 217]]
(i) Sections titled ``A
Nonattainment Area
Preconstruction Permit
Program--CAA section 182
(a)(2)(C),'' ``New Source
Review--CAA, Title I, Part
D,'' and ``Offset
Requirements: 1:1 to 1
(Ratio of Total Emission
Reductions of Volatile
Organic Compounds to Total
Increased Emissions)--CAA
Section 182(a)(4)'' on
pages 8 and 9 and section
titled ``Meet
Transportation Conformity
Requirements--CAA Section
176(c)'' on pages 10 and 11.
(ii) Appendices A and B.....
MAG Eight-Hour Ozone Phoenix-Mesa 1997 March 23, 2009.... September 17, Adopted by the
Redesignation Request and 8-hour ozone 2014, 79 FR 55645. Arizona
Maintenance Plan for the maintenance area. Department of
Maricopa Nonattainment Area Environmental
(February 2009), excluding the Quality on March
appendices. 23, 2009.
[[Page 218]]
Letter dated June 13, 2007 from Phoenix-Mesa 1997 June 13, 2007..... June 13, 2012, 77 Transmittal letter
Stephen A. Owens, Director, 8-hour ozone FR 35285. for Eight-Hour
ADEQ to Wayne Nastri, Regional nonattainment Ozone Plan for
Administrator, United States area. the Maricopa
Environmental Protection Nonattainment
Agency, Region IX. Area (June 2007).
Eight-Hour Ozone Plan for the Phoenix-Mesa 1997 June 13, 2007..... June 13, 2012, 77
Maricopa Nonattainment Area 8-hour ozone FR 35285.
(June 2007), including nonattainment
Appendices, Volumes One and Two. area.
One-Hour Ozone Redesignation Maricopa County 1- April 21, 2004.... June 14, 2005, 70 Adopted by the
Request and Maintenance Plan Hour Ozone Air FR 34362. Maricopa
for the Maricopa County Quality Planning Association of
Nonattainment Area, dated March Area. Governments
2004. Regional Council
on March 26, 2004
and adopted by
the Arizona
Department of
Environmental
Quality on April
21, 2004.
Final Serious Area Ozone State Maricopa County 1- December 14, 2000. June 14, 2005, 70 Adopted by the
Implementation Plan for Hour Ozone Air FR 34362. Arizona
Maricopa County, dated December Quality Planning Department of
2000. Area. Environmental
Quality on
December 14,
2000.
Letter and enclosures regarding Maricopa County 1- December 7, 1998.. June 14, 2005, 70 Adopted by the
Arizona's Intent to ``Opt-out'' Hour Ozone Air FR 34362. Arizona
of the Clean Fuel Fleet Program. Quality Planning Department of
Area. Environmental
Quality on
December 7, 1998.
2012 Five Percent Plan for PM-10 Maricopa County PM- May 25, 2012...... June 10, 2014, 79 Adopted May 23,
for the Maricopa County 10 Nonattainment FR 33107. 2012.
Nonattainment Area, and Area.
Appendices Volume One and
Volume Two.
2012 Five Percent Plan for PM-10 Pinal County May 25, 2012...... June 10, 2014, 79 Adopted May 25,
for the Pinal County Township 1 Township 1 North, FR 33107. 2012.
North, Range 8 East Range 8 East
Nonattainment Area. Nonattainment
Area.
[[Page 219]]
Nonattainment Area Plan for Maricopa County November 8, 1979.. May 5, 1982, 47 FR
Total Suspended Particulates, Urban Planning 19326.
Maricopa County Urban Planning Area.
Area.
Revision to the Nonattainment Maricopa County July 3, 1979...... May 5, 1982, 47 FR
Area Plan for Carbon Monoxide Urban Planning 19326.
and Photochemical Oxidants, Area.
Maricopa County Urban Planning
Area.
Nonattainment Area Plan for Maricopa County February 23, 1979. May 5, 1982, 47 FR
Carbon Monoxide and Urban Planning 19326.
Photochemical Oxidants, Area.
Maricopa County Urban Planning
Area.
Letter supplementing the revised Phoenix-Tucson October 2, 1973... December 3, 1973,
transportation control plan. Intrastate Air 38 FR 33368.
quality Control
Region.
Letter supplementing the revised Phoenix-Tucson September 21, 1973 December 3, 1973,
transportation control plan. Intrastate Air 38 FR 33368.
quality Control
Region.
Revised transportation control Phoenix-Tucson September 11, 1973 December 3, 1973, EPA approved
plan. Intrastate Air 38 FR 33368. various
quality Control transportation
Region. control
strategies,
including certain
elements of an
inspection
program, but
disapproved other
elements, and
approved certain
strategies with
exception.
2008 Revision to the Carbon Tucson Air July 10, 2008..... December 21, 2009, Adopted by the
Monoxide Limited Maintenance Planning Area. 74 FR 67819. Pima Association
Plan for the Tucson Air of Governments on
Planning Area (for 2010), June 26, 2008.
excluding appendix D.
[[Page 220]]
Appendix D (Revised)--Supplement Tucson Air June 22, 2009..... December 21, 2009, Letter from
to the Carbon Monoxide Limited Planning Area. 74 FR 67819. Arizona
Maintenance Plan for the Tucson Department of
Air Planning Area (for 2010). Environmental
Quality re:
Vehicle Emissions
Inspection
Program (VEIP),
Revised to
include
supporting
documents
authorizing the
VEIP from 2009 to
2017. Adopted by
the Pima
Association of
Governments on
May 28, 2009.
1996 Carbon Monoxide Limited Tucson Air October 6, 1997... June 8, 2000, 65 Approval includes
Maintenance Plan for the Tucson Planning Area. FR 36353; base year (1994)
Air Planning Area (as updated corrected March emissions
August, 1997). 18, 2004, 69 FR inventory;
12802. contingency plan,
including
commitments to
follow
maintenance plan
contingency
procedures by the
Pima Association
of Governments
and by the member
jurisdictions:
the town of Oro
Valley, Arizona
(Resolution No.
(R) 96-38,
adopted June 5,
1996), the City
of South Tucson
(Resolution No.
96-16, adopted on
June 10, 1996),
Pima County
(Resolution and
Order No. 1996-
120, adopted June
18, 1996), the
City of Tucson
(Resolution No.
17319, adopted
June 24, 1996),
and the town of
Marana, Arizona
(Resolution No.
96-55, adopted
June 18, 1996).
[[Page 221]]
Commitment in the July 22, 1988 Pima County....... July 22, 1988..... January 29, 1991,
submittal letter to apply the 56 FR 3219.
oxygenated fuels program of the
July 18, 1988 submittal to Pima
County.
1987 Carbon Monoxide State Tucson Air January 6, 1988... August 10, 1988, Adopted on October
Implementation Plan Revision Planning Area. 53 FR 30220; 21, 1987. Vacated
for the Tucson Air Planning vacated; restored by the U.S. Court
Area. on January 29, of Appeals for
1991, 56 FR 3219. the Ninth Circuit
in Delaney v.
EPA. Control and
committal
measures were
restored on
January 29, 1991,
56 FR 3219.
Improvement Schedules for Metropolitan Pima March 8, 1982..... July 7, 1982, 47 Adopted on October
Transit System and Rideshare County. FR 29532. 21, 1987.
Program in Metropolitan Pima
County.
Metropolitan Pima County Metropolitan Pima March 27, 1979.... July 7, 1982, 47
Nonattainment Area Plan for TSP. County. FR 29532.
Metropolitan Pima County Metropolitan Pima March 20, 1979.... July 7, 1982, 47
Nonattainment Area Plan for CO. County. FR 29532.
Intergovernmental Agreement Pima County....... May 26, 1988...... January 29, 1991.. Related to motor
(IGA) between Pima County, City vehicle trip
of Tucson, City of South reduction.
Tucson, Town of Oro Valley and
Town of Marana, April 18, 1988.
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements
(excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or
Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.
[dagger] Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir.
1990). Restored on January 29, 1991, 56 FR 3219.
[[Page 222]]
Table 2--EPA-Approved Resolutions Adopted by Jurisdictions in Maricopa and Pinal Counties To Implement Measures
in PM-10 and Carbon Monoxide State Implementation Plans
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State submittal EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
Resolution to Implement Measures Maricopa County... October 7, 2005... August 21, 2007, Adopted by the
to Reduce Reentrained Dust 72 FR 46564. Arizona
Emissions from Targeted Paved Department of
Roads in the Revised PM-10 Transportation on
State Implementation Plan for September 17,
the Salt River Area (including 2004.
Exhibit A and Arizona
Department of Transportation
Plan to Reduce Reentrained Dust
Emissions from Targeted Paved
Roads).
Resolution to Implement Measures Maricopa County... February 16, 2000. July 25, 2002, 67 Adopted by the
in the MAG 1998 Serious Area FR 48718. Arizona
Particulate Plan for PM-10 for Department of
the Maricopa County Area Transportation on
(including Exhibit A, 8 pages). July 17, 1998.
Resolution to Implement Measures Maricopa County... February 16, 2000. July 25, 2002, 67 Adopted by the
in the MAG 1997 Serious Area FR 48718. Arizona
Particulate Plan for PM-10 and Department of
MAG 1998 Serious Area Carbon Transportation on
Monoxide Plan for the Maricopa June 20, 1997.
County Area (including Exhibit
A, 24 pages plus index page).
Resolution No. C-85-05-005-0-00: Maricopa County... October 7, 2005... August 21, 2007, Adopted on January
Resolution to Implement 72 FR 46564. 19, 2005.
Additional Measures for the
Maricopa County, Arizona
Serious PM-10 Nonattainment
Area (including Exhibit A).
[[Page 223]]
Resolution to Adopt the Revised Maricopa County... February 16, 2000. July 25, 2002, 67 Adopted by the
MAG 1999 Serious Area FR 48718. Maricopa
Particulate Plan for PM-10 for Association of
the Maricopa County Governments on
Nonattainment Area (including February 14,
Exhibit A, 2 pages). 2000.
Resolution 9701: Resolution to Maricopa County... February 16, 2000. July 25, 2002, 67 Adopted by the
Implement Measures in the MAG FR 48718. Regional Public
1997 Serious Area Particulate Transportation
Plan for PM-10 and MAG 1998 Authority on June
Serious Area Carbon Monoxide 12, 1997.
Plan for the Maricopa County
Area (including Exhibit A, 23
pages).
Resolution to Update Control Maricopa County... January 8, 2002... July 25, 2002, 67 Adopted by
Measure 6 in the Revised MAG FR 48718. Maricopa County
1999 Serious Area Particulate on December 19,
Plan for PM-10 for the Maricopa 2001.
County Area (including Exhibit
A, 2 pages).
Resolution to Implement Measures Maricopa County... February 16, 2000. July 25, 2002, 67 Adopted by
in the MAG 1999 Serious Area FR 48718. Maricopa County
Particulate Plan for PM-10 for on December 15,
the Maricopa County Area 1999.
(including Exhibit A, 10 pages).
Resolution to Implement Measures Maricopa County... February 16, 2000. July 25, 2002, 67 Adopted by
in the MAG 1998 Serious Area FR 48718. Maricopa County
Particulate Plan for PM-10 for on February 17,
the Maricopa County Area 1999.
(including Exhibit A, 10 pages).
[[Page 224]]
Resolution to Implement Measures Maricopa County... February 16, 2000. July 25, 2002, 67 Adopted by
in the MAG 1997 Serious Area FR 48718. Maricopa County
Particulate Plan for PM-10 for on November 19,
the Maricopa County Area 1997.
(including Exhibit A, 9 pages).
Resolution to Implement Measures Maricopa County... February 16, 2000. July 25, 2002, 67 Adopted by
in the MAG 1997 Serious Area FR 48718. Maricopa County
Particulate Plan for PM-10 and on June 25, 1997.
MAG 1998 Serious Area Carbon Transcription
Monoxide Plan for the Maricopa error ``1A998''
County Area (including Exhibit in the original.
A, 16 pages).
Resolution To Improve the Maricopa County... May 7, 1997....... August 4, 1997, 62 Adopted by
Administration of Maricopa FR 41856. Maricopa County
County's Fugitive Dust Program on May 14, 1997.
and to Foster Interagency
Cooperation.
Resolution No. 04-24: A City of Apache October 7, 2005... August 21, 2007, Adopted on
Resolution of the Mayor and Junction. 72 FR 46564. September 21,
City Council of the City of 2004.
Apache Junction, Arizona,
Implementing Measures to Reduce
Reentrained Dust Emissions from
Targeted Paved Roads in the
Revised PM-10 State
Implementation Plan for the
Salt River Area (including
Exhibit A).
[[Page 225]]
Resolution No. 2448-04: A City of Avondale.. October 7, 2005... August 21, 2007, Adopted on
Resolution of the Council of 72 FR 46564. September 20,
the City of Avondale, Arizona, 2004.
Implementing Measures to Reduce
Reentrained Dust Emissions from
Targeted Paved Roads in the
Revised PM-10 State
Implementation Plan for the
Salt River Area (including
Exhibit A).
Resolution No. 1949-99; A City of Avondale.. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Council of FR 48718. City of Avondale
the City of Avondale, Maricopa on February 16,
County, Arizona, Implementing 1999.
Measures in the MAG 1998
Serious Area Particulate Plan
for PM-10 for the Maricopa
County Area (including Exhibit
A, 7 pages).
Resolution No. 1711-97; A City of Avondale.. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the City Council FR 48718. City of Avondale
of the City of Avondale, on September 15,
Maricopa County, Arizona, To 1997.
Implement Measures in the MAG
1997 Serious Area Particulate
Plan for PM-10 and MAG 1998
Serious Area Carbon Monoxide
Plan for the Maricopa County
Area (including Exhibit A, 14
pages).
[[Page 226]]
Resolution No. 58-04: A Town of Buckeye... October 7, 2005... August 21, 2007, Adopted on
Resolution of the Mayor and 72 FR 46564. November 16,
Town Council of the Town of 2004.
Buckeye, Arizona, Implementing
Measures to Reduce Reentrained
Dust Emission from Targeted
Paved Roads in the Revised PM-
10 State Implementation Plan
for the Salt River Area
(including Exhibit A).
Resolution No. 15-97; A Town of Buckeye... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Town Council FR 48718. Town of Buckeye
of the Town of Buckeye, on October 7,
Maricopa County, Arizona, To 1997.
Implement Measures in the MAG
1997 Serious Area Carbon
Monoxide Plan for the Maricopa
County Area (including Exhibit
A, 5 pages).
Town of Carefree Resolution No. Town of Carefree.. February 16, 2000. July 25, 2002, 67 Adopted by the
98-24; A Resolution of the FR 48718. Town of Carefree
Mayor and Common Council of the on September 1,
Town of Carefree, Arizona, To 1998.
Implement Measures in the MAG
1998 Serious Area Particulate
Plan for PM-10 for the Maricopa
County Area (including Exhibit
A, 4 pages).
[[Page 227]]
Town of Carefree Resolution No. Town of Carefree.. February 16, 2000. July 25, 2002, 67 Adopted by the
97-16; A Resolution of the FR 48718. Town of Carefree
Mayor and Common Council of the on September 2,
Town of Carefree, Arizona, To 1997.
Implement Measures in the MAG
1997 Serious Area Particulate
Plan for PM-10 and MAG 1998
Serious Area Carbon Monoxide
Plan for the Maricopa County
Area (including Exhibit A, 3
pages).
Resolution R98-14; A Resolution Town of Cave Creek February 16, 2000. July 25, 2002, 67 Adopted by the
of the Mayor and Town Council FR 48718. Town of Cave
of the Town of Cave Creek, Creek on December
Maricopa County, Arizona, To 8, 1998.
Implement Measures in the MAG
1998 Serious Area Particulate
Plan for PM-10 for the Maricopa
County Area (including Exhibit
A, 1 page).
Resolution R97-28; A Resolution Town of Cave Creek February 16, 2000. July 25, 2002, 67 Adopted by the
of the Mayor and Town Council FR 48718. Town of Cave
of the Town of Cave Creek, Creek on
Maricopa County, Arizona, September 2,
Implementing Measures in the 1997.
MAG 1997 Serious Area
Particulate Plan for PM-10 and
MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa
County Area (including Exhibit
A, 4 pages).
[[Page 228]]
Resolution No. 3782: Resolution City of Chandler.. October 7, 2005... August 21, 2007, Adopted on October
to Implement Measures to Reduce 72 FR 46564. 14, 2004.
Re-entrained Dust Emissions
from Identified Paved Roads in
Chandler As Part of the Revised
PM-10 State Implementation Plan
for Air Quality (including
Exhibit A and Exhibit B).
Resolution No. 2929; A City of Chandler.. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the City Council FR 48718. City of Chandler
of the City of Chandler, on October 8,
Arizona, To Implement Measures 1998.
in the MAG 1998 Serious Area
Particulate Plan for PM-10 for
the Maricopa County Area
(including Exhibit A, 9 pages).
Resolution No. 2672; A City of Chandler.. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the City Council FR 48718. City of Chandler
of the City of Chandler, on August 14,
Arizona To Implement Measures 1997.
in the MAG 1997 Serious Area
Particulate Plan for PM-10 and
MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa
County Area (including Exhibit
A, 16 pages).
[[Page 229]]
A Resolution of the City Council City of Chandler.. May 7, 1997....... August 4, 1997, 62 Adopted by the
of the City of Chandler, FR 41856. City of Chandler
Arizona, Stating the City's on March 27,
Intent to Work Cooperatively 1997.
with Maricopa County to Control
the Generation of Fugitive Dust
Pollution.
Resolution No. R04-10-54: A City of El Mirage. October 7, 2005... August 21, 2007, Adopted on October
Resolution of the Mayor and 72 FR 46564. 28, 2004.
City Council of the City of El
Mirage, Maricopa County,
Arizona, Implementing Measures
to Reduce Re-entrained Dust
Emissions from Targeted Paved
Roads in the Revised PM-10
State Implementation Plan for
the Salt River Area (including
Exhibit A).
Resolution No. R98-08-22; A City of El Mirage. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Mayor and FR 48718. City of El Mirage
Common Council of the City of on August 27,
El Mirage, Arizona, Amending 1998.
Resolution No. R98-02-04 To
Implement Measures in the MAG
1997 Serious Area Particulate
Plan for PM-10 for the Maricopa
County Area (including Exhibit
A, 5 pages).
[[Page 230]]
Resolution No. R98-02-04; A City of El Mirage. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution To Implement FR 48718. City of El Mirage
Measures in the MAG 1997 on February 12,
Serious Area Particulate Plan 1998.
for PM-10 for the Maricopa
County Area (including Exhibit
A, 5 pages).
Resolution No. R97-08-20; City of El Mirage. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution To Implement FR 48718. City of El Mirage
Measures in the MAG 1997 on August 28,
Serious Area Particulate Plan 1997.
for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for
the Maricopa County Area
(including Exhibit A, 8 pages).
Resolution No. 2004-63: A Town of Fountain October 7, 2005... August 21, 2007, Adopted on
Resolution of the Mayor and Hills. 72 FR 46564. November 18,
Council of the Town of Fountain 2004.
Hills, Arizona, Implementing
Measures to Reduce Reentrained
Dust Emissions from Targeted
Paved Roads in the Revised PM-
10 State Implementation Plan
for the Salt River Area
(including Exhibit A and
Protocol to Reduce Reentrained
Dust Emissions from Targeted
Paved Roads).
[[Page 231]]
Resolution No. 1998-49; Town of Fountain February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution To Implement Hills. FR 48718. Town of Fountain
Measures in the MAG 1998 Hills on October
Serious Area Particulate Plan 1, 1998.
for PM-10 for the Maricopa Incorporated
County Area (including Exhibit materials are
A, 7 pages), adopted on October pages 4 to 10 of
1, 1998. the 11-page
resolution
package; pages 1
and 2 are cover
sheets with no
substantive
content and page
11 is a summary
of measures
previously
adopted by the
Town of Fountain
Hills.
Resolution No. 1997-49; A Town of Fountain February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Common Hills. FR 48718. Town of Fountain
Council of the Town of Fountain Hills on October
Hills, Arizona, Adopting the 2, 1997.
MAG 1997 Particulate Plan for
PM-10 and MAG 1998 Serious Area
Carbon Monoxide Plan for the
Maricopa County Area and
Committing to Certain
Implementation Programs
(including Exhibit B, 5 pages
and cover).
[[Page 232]]
Resolution No. 2575: A Town of Gilbert... October 7, 2005... August 21, 2007, Adopted on March
Resolution of the Common 72 FR 46564. 29, 2005.
Council of the Town of Gilbert,
Arizona to Implement Measures
to Reduce Reentrained Dust
Emissions from Targeted Paved
Roads in the Revised PM-10
State Implementation Plan for
the Salt River Area (including
Exhibit A and Town of Gilbert
Protocol for Reducing PM-10
Emissions from ``High Dust''
Paved Roads).
Resolution No. 1939: A Town of Gilbert... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Common FR 48718. Town of Gilbert
Council of the Town of Gilbert, on July 21, 1998.
Arizona, Expressing its Attachment A is
Commitment to Implement referred to as
Measures in the Maricopa Exhibit A in the
Association of Governments text of the
(MAG) 1998 Serious Area Resolution.
Particulate Plan for PM-10 for
the Maricopa County Area
(including Attachment A, 5
pages).
Resolution No. 1864; A Town of Gilbert... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Common FR 48718. Town of Gilbert
Council of the Town of Gilbert, on November 25,
Arizona, Implementing Measures 1997. Attachment
in the MAG 1997 Serious Area A is referred to
Particulate Plan for PM-10 for as Exhibit A in
the Maricopa County Area the text of the
(including Attachment A, 5 Resolution.
pages).
[[Page 233]]
Resolution No. 1817; A Town of Gilbert... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Common FR 48718. Town of Gilbert
Council of the Town of Gilbert, on June 10, 1997.
Maricopa County, Arizona,
Authorizing the Implementation
of the MAG 1997 Serious Area
Particulate Plan for PM-10 and
the MAG Serious Area Carbon
Monoxide Plan for the Maricopa
County Area (including 15 pages
of attached material).
A Resolution of the Mayor and Town of Gilbert... May 7, 1997....... August 4, 1997, 62 Adopted by the
the Common Council of the Town FR 41856. Town of Gilbert
of Gilbert, Maricopa County, on April 15,
Arizona, Providing for the 1997.
Town's Intent to Work
Cooperatively with Maricopa
County, Arizona, to Control the
Generation of Fugitive Dust
Pollution.
[[Page 234]]
Resolution No. 3796 New Series: City of Glendale.. October 7, 2005... August 21, 2007, Adopted on
A Resolution of the Council of 72 FR 46564. September 14,
the City of Glendale, Maricopa 2004.
County, Arizona, Implementing
Measures to Reduce Reentrained
Dust Emissions from Targeted
Paved Roads in the Revised PM-
10 State Implementation Plan
for the Salt River Area
(including Exhibit A and
Glendale Targeted Street
Sweeping Protocol to Reduce
Dust Emissions).
Resolution No. 3225 New Series; City of Glendale.. February 16, 2000. July 25, 2002, 67 Adopted by the
A Resolution of the Council of FR 48718. City of Glendale
the City of Glendale, Maricopa on July 28, 1998.
County, Arizona, Implementing
Measures in the MAG 1998
Serious Area Particulate Plan
for PM-10 for the Maricopa
County Area (including Exhibit
A, 9 pages).
Resolution No. 3161 New Series; City of Glendale.. February 16, 2000. July 25, 2002, 67 Adopted by the
A Resolution of the Council of FR 48718. City of Glendale
the City of Glendale, Maricopa on October 28,
County, Arizona, Implementing 1997.
Measures in the MAG 1997
Serious Area Particulate Plan
for PM-10 for the Maricopa
County Area (including Exhibit
A, 6 pages).
[[Page 235]]
Resolution No. 3123 New Series; City of Glendale.. February 16, 2000. July 25, 2002, 67 Adopted by the
A Resolution of the Council of FR 48718. City of Glendale
the City of Glendale, Maricopa on June 10, 1997.
County, Arizona, Implementing
Measures in the MAG 1997
Serious Area Particulate Plan
for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for
the Maricopa County Area
(including Exhibit A, 20 pages).
A Resolution of the Council of City of Glendale.. May 7, 1997....... August 4, 1997, 62 Adopted by the
the City of Chandler, Maricopa FR 41856. City of Glendale
County, Arizona, Stating Its on March 25,
Intent to Work Cooperatively 1997.
with Maricopa County to Control
the Generation of Fugitive Dust
Pollution.
Resolution No. 04-941: A City of Goodyear.. October 7, 2005... August 21, 2007, Adopted on October
Resolution of the Mayor and 72 FR 46564. 25, 2004.
Council of the City of
Goodyear, Maricopa County,
Arizona, to Authorize the City
Manager to Implement Measures
to Reduce Reentrained Dust
Emissions from Targeted Paved
Roads in the Revised PM-10
State Implementation Plan for
the Salt River Area (including
Exhibit A and Protocol for
Reducing Reentrained Dust
Emissions from Targeted Paved
Roads).
[[Page 236]]
Resolution No. 98-645; A City of Goodyear.. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Council of FR 48718. City of Goodyear
the City of Goodyear, Maricopa on July 27, 1998.
County, Arizona, Implementing
Measures in the MAG 1998
Serious Area Particulate Plan
for PM-10 for the Maricopa
County Area (including
Attachment III, 7 pages).
Resolution No. 97-604 Carbon City of Goodyear.. February 16, 2000. July 25, 2002, 67 Adopted by the
Monoxide Plan; A Resolution of FR 48718. City of Goodyear
the Council of the City of on September 9,
Goodyear, Maricopa County, 1997. Adoption
Arizona, Implementing Measures year not given on
in the MAG 1997 Serious Area the resolution
Particulate Plan for PM-10 and but is understood
MAG 1998 Serious Area Carbon to be 1997 based
Monoxide Plan for the Maricopa on resolution
County Area (including Exhibit number.
A, 21 pages).
Resolution No. 8344: A City of Mesa...... October 7, 2005... August 21, 2007, Adopted on October
Resolution of the City Council 72 FR 46564. 4, 2004.
of the City of Mesa, Maricopa
County, Arizona, Stating the
City's Intent to Implement
Measures to Reduce Particulate
Pollution (including Exhibit A).
[[Page 237]]
Resolution No. 7360; A City of Mesa...... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the City Council FR 48718. City of Mesa on
of the City of Mesa, Maricopa May 3, 1999.
County, Arizona, to Implement
Measures in the MAG Serious
Area Particulate Plan for PM-10
for the Maricopa County Area
(including Exhibit A, 8 pages).
Resolution No. 7123; A City of Mesa...... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the City Council FR 48718. City of Mesa on
of the City of Mesa, Maricopa December 1, 1997.
County, Arizona, to Implement
Measures in the MAG 1997
Serious Area Particulate Plan
for PM-10 for the Maricopa
County Area (including Exhibit
A, 10 pages).
Resolution No. 7061; A City of Mesa...... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the City Council FR 48718. City of Mesa on
of the City of Mesa, Maricopa June 23, 1997.
County, Arizona, to Implement
Measures in the MAG 1997
Serious Area Particulate Plan
for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for
the Maricopa County Area
(including Exhibit A, 13 pages
plus index page).
[[Page 238]]
A Resolution of the Mesa City City of Mesa...... May 7, 1997....... August 4, 1997, 62 Adopted by the
Council Stating the City's FR 41856. City of Mesa on
Intent to Work Cooperatively April 23, 1997.
with Maricopa County to Control
the Generation of Particulate
Air Pollution and Directing
City Staff to Develop a
Particulate Pollution Control
Ordinance Supported by Adequate
Staffing Levels to Address Air
Quality.
Resolution Number 1084: Town of Paradise October 7, 2005... August 21, 2007, Adopted on
Resolution to Implement Valley. 72 FR 46564. September 23,
Measures to Reduce Reentrained 2004.
Dust Emissions from Targeted
Paved Roads in the Revised PM-
10 State Implementation Plan
for the Salt River Area
(including Exhibit A).
Resolution Number 945; A Town of Paradise February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Mayor and Valley. FR 48718. Town of Paradise
Town Council of the Town of Valley on July
Paradise Valley, Arizona, to 23, 1998.
Implement Measures in the MAG
1998 Serious Area Particulate
Plan for PM-10 for the Maricopa
County Area (including Exhibit
A, 5 pages).
[[Page 239]]
Resolution Number 913; A Town of Paradise February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Town of Valley. FR 48718. Town of Paradise
Paradise Valley, to Implement Valley on October
Measures in the MAG 1997 9, 1997.
Serious Area Particulate Plan
for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for
the Maricopa County Area
(including Exhibit A, 9 pages).
Resolution No. 04-235: A City of Peoria.... October 7, 2005... August 21, 2007, Adopted on October
Resolution of the Mayor and 72 FR 46564. 5, 2004.
City Council of the City of
Peoria, Maricopa County,
Arizona, Implementing Measures
to Reduce Reentrained Dust
Emissions from Targeted Paved
Roads in the Revised PM-10
State Implementation Plan for
the Salt River Area (including
Exhibit A and City of Peoria
Targeted Paved Roadways Dust
Control Protocol, September 24,
2004).
Resolution No. 98-107; A City of Peoria.... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Mayor and FR 48718. City of Peoria on
Council of the City of Peoria, July 21, 1998.
Arizona, to Approve and
Authorize the Acceptance to
Implement Measures in the MAG
1998 Serious Area Particulate
Plan for PM-10 for the Maricopa
County Area (including Exhibit
A, 7 pages).
[[Page 240]]
Resolution No. 97-113; A City of Peoria.... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Mayor and FR 48718. City of Peoria on
Council of the City of Peoria, October 21, 1997.
Arizona, to Implement Measures
in the MAG 1997 Serious Area
Particulate Plan for PM-10 for
the Maricopa County Area and
Directing the Recording of This
Resolution with the Maricopa
County Recorder and Declaring
an Emergency (including Exhibit
A, 8 pages plus index page).
Resolution No. 97-37; A City of Peoria.... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the Mayor and FR 48718. City of Peoria on
Council of the City of Peoria, June 17, 1997.
Arizona, to Implement Measures
in the MAG 1997 Serious Area
Particulate Plan for PM-10 and
MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa
County Area (including Exhibits
A, 5 pages, and B, 19 pages).
Resolution No. 20114: A City of Phoenix... October 7, 2005... August 21, 2007, Adopted on June
Resolution Stating the City's 72 FR 46564. 16, 2004.
Intent to Implement Measures to
Reduce Air Pollution (including
Exhibit A, City of Phoenix 2004
Protocol and Implementation
Plan for Paved Streets with
Potential for Dust Emissions,
and Attachment A).
[[Page 241]]
Resolution No. 19141; A City of Phoenix... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution Stating the City's FR 48718. City of Phoenix
Intent to Implement Measures to on September 9,
Reduce Particulate Air 1998.
Pollution (including Exhibit A,
10 pages).
Resolution No. 19006; A City of Phoenix... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution Stating the City's FR 48718. City of Phoenix
Intent to Implement Measures to on November 19,
Reduce Air Pollution (including 1997.
Exhibit A, 13 pages).
Resolution No. 18949; A City of Phoenix... February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution Stating the City's FR 48718. City of Phoenix
Intent to Implement Measures to on July 2, 1997.
Reduce Air Pollution (including
Exhibit A, 19 pages).
Resolution 1889A Resolution of City of Phoenix... May 7, 1997....... August 4, 1997, 62 Adopted by the
the Phoenix City Council FR 41856. City of Phoenix
Stating the City's Intent to on April 9, 1997.
Work Cooperatively with
Maricopa County to Control the
Generation of Fugitive Dust
Pollution.
Resolution 175-98; A Resolution Town of Queen February 16, 2000. July 25, 2002, 67 Adopted by the
of the Town Council of the Town Creek. FR 48718. Town of Queen
of Queen Creek, Maricopa Creek on
County, Arizona to Implement September 16,
Measures in the MAG 1998 1998.
Serious Area Particulate Plan
for the Maricopa County Area
(including Exhibit A, 9 pages).
[[Page 242]]
Resolution 145-97; A Resolution Town of Queen February 16, 2000. July 25, 2002, 67 Adopted by the
of the Town Council of the Town Creek. FR 48718. Town of Queen
of Queen Creek, Maricopa Creek on November
County, Arizona to Implement 5, 1997.
Measures in the MAG 1997
Serious Area Particulate Plan
for PM-10 for the Maricopa
County Area (including Exhibit
A, 1 page).
Resolution 129-97; A Resolution Town of Queen February 16, 2000. July 25, 2002, 67 Adopted by the
of the Town Council of the Town Creek. FR 48718. Town of Queen
of Queen Creek, Maricopa Creek on June 4,
County, Arizona to Implement 1997.
Measures in the MAG 1997
Serious Area Particulate Plan
for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for
the Maricopa County Area
(including Exhibit A, 3 pages).
[[Page 243]]
Resolution No. 6588: A City of Scottsdale October 7, 2005... August 21, 2007, Adopted on
Resolution of the Council of 72 FR 46564. December 6, 2004.
the City of Scottsdale,
Maricopa County Arizona,
Authorizing Implementation of
Measures to Reduce Reentrained
Dust Emissions from Targeted
Paved Roads in the Revised PM-
10 State Implementation Plan
for the Salt River Area
(including Exhibit A and
Attachment 1--Protocol to
Reduce Reentrained Dust
Emissions from Targeted Paved
Roads).
Resolution No. 5100; A City of Scottsdale February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the City of FR 48718. City of
Scottsdale, Maricopa County, Scottsdale on
Arizona, To Strengthen December 1, 1998.
Particulate Dust Control and
Air Pollution Measures in the
Maricopa County Area (including
Exhibit A, 10 pages).
Resolution No. 4942; Resolution City of Scottsdale February 16, 2000. July 25, 2002, 67 Adopted by the
of the Scottsdale City Council FR 48718. City of
To Implement Measures in the Scottsdale on
MAG 1997 Serious Area December 1, 1997.
Particulate Plan for PM-10 for
the Maricopa County Area
(including Exhibit A, 13 pages).
[[Page 244]]
Resolution No. 4864; A City of Scottsdale February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution of the City of FR 48718. City of
Scottsdale, Maricopa County, Scottsdale on
Arizona, To Implement Measures August 4, 1997.
in the MAG 1997 Serious Area
Particulate Plan for PM-10 and
MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa
County Area: Stating the
Council's Intent to Implement
Certain Control Measures
Contained in that Plan
(including Exhibit A, 21 pages).
A Resolution of the Scottsdale City of Scottsdale May 7, 1997....... August 4, 1997, 62 Adopted by the
City Council Stating the City's FR 41856. City of
Intent to Work Cooperatively Scottsdale on
with Maricopa County to Control March 31, 1997.
the Generation of Fugitive Dust
Pollution.
Resolution No. 04-163: A City of Surprise.. October 7, 2005... August 21, 2007, Adopted on
Resolution of the Mayor and 72 FR 46564. September 23,
Council of the City of 2004.
Surprise, Arizona, to Implement
Measures to Reduce Reentrained
Dust Emissions from Targeted
Paved Roads in the Revised PM-
10 State Implementation Plan
for the Salt River Area
(including Exhibit A and
Protocol).
[[Page 245]]
Resolution No. 98-51; A City of Surprise.. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution to Implement FR 48718. City of Surprise
Measures in the MAG 1997 on September 10,
Serious Area Particulate Plan 1998.
for PM-10 for the Maricopa
County Area (including Exhibit
A, 6 pages).
Resolution No. 97-67; A City of Surprise.. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution to Implement FR 48718. City of Surprise
Measures in the MAG 1997 on October 23,
Serious Area Particulate Plan 1997.
for PM-10 for the Maricopa
County Area (including Exhibit
A, 3 pages).
Resolution No. 97-29; A City of Surprise.. February 16, 2000. July 25, 2002, 67 Adopted by the
Resolution to Implement FR 48718. City of Surprise
Measures in the MAG 1997 on June 12, 1997.
Serious Area Particulate Plan
for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for
the Maricopa County Area
(including Exhibit A, 4 pages).
[[Page 246]]
Resolution No. 2004.84: A City of Tempe..... October 7, 2005... August 21, 2007, Adopted on
Resolution of the Mayor and 72 FR 46564. September 30,
City Council of the City of 2004.
Tempe, Arizona, to Implement
Measures to Reduce Reentrained
Dust Emissions from Targeted
Paved Roads in the Revised PM-
10 State Implementation Plan
for the Salt River Area
(including Exhibit A and
Protocol for Reducing
Reentrained Dust Emissions from
Targeted Paved Roads, September
30, 2004).
Resolution No. 98.42, Resolution City of Tempe..... February 16, 2000. July 25, 2002, 67 Adopted by the
of the Council of the City of FR 48718. City of Tempe on
Tempe Implementing Measures in September 10,
the MAG 1998 Serious Area 1998.
Particulate Plan for PM-10 for
the Maricopa County Area
(including Exhibit A, 8 pages).
Resolution No. 97.71, Resolution City of Tempe..... February 16, 2000. July 25, 2002, 67 Adopted by the
of the Council of the City of FR 48718. City of Tempe on
Tempe Stating Its Intent to November 13,
Implement Measures in the MAG 1997.
1997 Serious Area Particulate
Plan for PM-10 for the Maricopa
County Area (including Exhibit
A, 6 pages).
[[Page 247]]
Resolution No. 97.39; Resolution City of Tempe..... February 16, 2000. July 25, 2002, 67 Adopted by the
to Implement Measures in the FR 48718. City of Tempe on
MAG 1997 Serious Area June 12, 1997.
Particulate Plan for PM-10 and
MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa
County Area (including Exhibit
A, 18 pages).
A Resolution of the Council of City of Tempe..... May 7, 1997....... August 4, 1997, 62 Adopted by the
the City of Tempe, Arizona, FR 41856. City of Tempe on
Stating Its Intent to Work March 27, 1997.
Cooperatively with Maricopa
County to Control the
Generation of Fugitive Dust
Pollution.
Resolution No. 947: A Resolution City of Tolleson.. October 7, 2005... August 21, 2007, Adopted on
of the Mayor and City Council 72 FR 46564. September 28,
of the City of Tolleson, 2004.
Maricopa County, Arizona,
Implementing Measures to Reduce
Reentrained Dust Emissions from
Targeted Paved Roads in the
Revised PM-10 State
Implementation Plan for the
Salt River Area (including
Exhibit A), adopted on
September 28, 2004.
[[Page 248]]
Resolution No. 808, A Resolution City of Tolleson.. February 16, 2000. July 25, 2002, 67 Adopted by the
of the Mayor and City Council FR 48718. City of Tolleson
of the City of Tolleson, on July 28, 1998.
Maricopa County, Arizona,
Implementing Measures in the
Maricopa Association of
Governments (MAG) 1998 Serious
Area Particulate Plan for PM-10
for the Maricopa County Area
(including Exhibit A).
Resolution No. 788, A Resolution City of Tolleson.. February 16, 2000. July 25, 2002, 67 Adopted by the
of the Mayor and City Council FR 48718. City of Tolleson
of the City of Tolleson, on June 10, 1997.
Maricopa County, Arizona,
Implementing Measures in the
Maricopa Association of
Governments (MAG) 1997 Serious
Area Particulate Plan for PM-10
and MAG 1998 Serious Area
Carbon Monoxide Plan for the
Maricopa County Area (including
Exhibit A, 12 pages).
Resolution No. 1308, Resolution Town of Wickenburg February 16, 2000. July 25, 2002, 67 Adopted by the
To Implement Measures in the FR 48718. Town of
MAG 1997 Serious Area Wickenburg on
Particulate Plan for PM-10 and August 18, 1997.
MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa
County Area (including Exhibit
A, 4 pages).
[[Page 249]]
Resolution No. 05-01: Resolution Town of Youngtown. October 7, 2005... August 21, 2007, Adopted on January
to Implement Measures to Reduce 72 FR 46564. 20, 2005.
Reentrained Dust Emissions from
Targeted Paved Roads in the
Revised PM-10 State
Implementation Plan for the
Salt River Area (including
Exhibit A).
Resolution No. 98-15: Resolution Town of Youngtown. February 16, 2000. July 25, 2002, 67 Adopted by the
To Implement Measures in the FR 48718. Town of Youngtown
MAG 1998 Serious Area on August 20,
Particulate Plan for PM-10 for 1998.
the Maricopa County Area
(including Exhibit A, 8 pages).
Resolution No 98-05: Resolution Town of Youngtown. February 16, 2000. July 25, 2002, 67 Adopted by the
Stating Intent to Work FR 48718. Town of Youngtown
Cooperatively with Maricopa on February 19,
County to Control the 1998.
Generation of Fugitive Dust
Pollution (including Exhibit A,
2 pages).
Resolution No. 97-15, Resolution Town of Youngtown. February 16, 2000. July 25, 2002, 67 Adopted by the
To Implement Measures in the FR 48718. Town of Youngtown
MAG 1997 Serious Particulate on September 18,
Plan for PM-10 and MAG 1998 1997.
Serious Area Carbon Monoxide
Plan for the Maricopa County
Area (including Exhibit A, 4
pages).
----------------------------------------------------------------------------------------------------------------
[[Page 250]]
Table 3--EPA-Approved Arizona Statutes--Non-Regulatory
----------------------------------------------------------------------------------------------------------------
State submittal
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
ARIZONA REVISED STATUTES
Title 15 (Education)
Chapter 12 (Community Colleges)
Article 3 (Community College District Boards)
----------------------------------------------------------------------------------------------------------------
15-1444......................... Powers and duties. March 23, 1988.... August 10, 1988, Subsection C only.
53 FR 30220; Senate Bill 1360,
vacated; restored section
on January 29, 6.[dagger]
1991, 56 FR 3219.
----------------------------------------------------------------------------------------------------------------
Chapter 13 (Universities and Related Institutions)
Article 2 (Arizona Board of Regents)
----------------------------------------------------------------------------------------------------------------
15-1627......................... Control of July 18, 1988..... August 10, 1988, House Bill 2206,
vehicles and 53 FR 30224; section
nonpedestrian vacated; restored 2.[dagger]
devices on on January 29,
property of 1991, 56 FR 3219.
institutions
under
jurisdiction of
board; sanctions;
compliance with
emissions
inspection;
definition.
----------------------------------------------------------------------------------------------------------------
Title 28 (Transportation)
Chapter 2 (Administration)
Article 6 (Unblended Gasoline Shortages) \1\
----------------------------------------------------------------------------------------------------------------
28-2701......................... Definitions....... July 18, 1988..... August 10, 1988, House Bill 2206,
53 FR 30224; section
vacated; restored 6.[dagger]
on January 29, Delayed effective
1991, 56 FR 3219. date per section
29 of HB 2206.
28-2702......................... Department Survey July 18, 1988..... August 10, 1988, House Bill 2206,
of Availability 53 FR 30224; section
of Unblended vacated; restored 6.[dagger]
Gasoline. on January 29, Delayed effective
1991, 56 FR 3219. date per section
29 of HB 2206.
28-2703......................... Determination of July 18, 1988..... August 10, 1988, House Bill 2206,
Shortage: 53 FR 30224; section
Declaration. vacated; restored 6.[dagger]
on January 29, Delayed effective
1991, 56 FR 3219. date per section
29 of HB 2206.
28-2704......................... State Set-aside July 18, 1988..... August 10, 1988, House Bill 2206,
Volume. 53 FR 30224; section
vacated; restored 6.[dagger]
on January 29, Delayed effective
1991, 56 FR 3219. date per section
29 of HB 2206.
28-2705......................... Assignment of Set- July 18, 1988..... August 10, 1988, House Bill 2206,
aside. 53 FR 30224; section
vacated; restored 6.[dagger]
on January 29, Delayed effective
1991, 56 FR 3219. date per section
29 of HB 2206.
[[Page 251]]
28-2706......................... Price............. July 18, 1988..... January 29, 1991, House Bill 2206,
56 FR 3219. section 6.
Delayed effective
date per section
29 of HB 2206.
28-2707......................... Application....... July 18, 1988..... January 29, 1991, House Bill 2206,
56 FR 3219. section 6.
Delayed effective
date per section
29 of HB 2206.
28-2708......................... Appeals........... July 18, 1988..... January 29, 1991, House Bill 2206,
56 FR 3219. section 6.
Delayed effective
date per section
29 of HB 2206.
----------------------------------------------------------------------------------------------------------------
Chapter 7 (Certification of Title and Registration)
Article 5 (Registration Requirements Generally)
----------------------------------------------------------------------------------------------------------------
28-2153......................... Registration August 24, 2012... November 5, 2012, Arizona Revised
requirement; 77 FR 66398. Statutes (West's,
exceptions; 2011-2012 Compact
assessment; Edition). Adopted
violation; by the Arizona
classification. Department of
Environmental
Quality on August
24, 2012.
----------------------------------------------------------------------------------------------------------------
Title 35 (Public Finances)
Chapter 2 (Handling of Public Funds)
Article 2 (State Management of Public Monies)
----------------------------------------------------------------------------------------------------------------
35-313.......................... Investment of August 24, 2012... November 5, 2012, Arizona Revised
trust and 77 FR 66398. Statutes (West's,
treasury monies; 2011-2012 Compact
loan of Edition). Adopted
securities. by the Arizona
Department of
Environmental
Quality on August
24, 2012.
----------------------------------------------------------------------------------------------------------------
Title 36 (Public Health and Safety)
Chapter 6
Article 8 (Air Pollution)
----------------------------------------------------------------------------------------------------------------
36-772.......................... Department of July 13, 1981..... June 18, 1982, 47
Health Services; FR 26382.
Studies.
36-775.......................... Powers and Duties. July 13, 1981..... June 18, 1982, 47
FR 26382.
36-779.01....................... Permits; July 13, 1981..... June 18, 1982, 47
Exceptions; FR 26382.
Applications;
Fees.
36-779.02....................... Grant or Denial of July 13, 1981..... June 18, 1982, 47
Applications. FR 26382.
36-779.04....................... Permit July 13, 1981..... June 18, 1982, 47
Nontransferable. FR 26382.
36-779.05....................... Expiration of July 13, 1981..... June 18, 1982, 47
Permit. FR 26382.
36-779.06....................... Posting of Permit. July 13, 1981..... June 18, 1982, 47
FR 26382.
[[Page 252]]
36-779.07....................... Notice by Building July 13, 1981..... June 18, 1982, 47
Permit Agencies. FR 26382.
36-780.......................... Classification and July 13, 1981..... June 18, 1982, 47
Reporting: FR 26382.
Production of
Records;
Confidentiality
of Records;
Violation;
Penalty.
36-789.......................... Unlawful Open July 13, 1981..... June 18, 1982, 47
Burning; FR 26382.
Exceptions;
Violation;
Penalty.
36-789.02....................... Defenses.......... July 13, 1981..... June 18, 1982, 47
FR 26382.
36-790.......................... Limitations....... July 13, 1981..... June 18, 1982, 47
FR 26382.
36-791.......................... Preservation of July 13, 1981..... June 18, 1982, 47
Rights. FR 26382.
----------------------------------------------------------------------------------------------------------------
Chapter 14 (Air Pollution)
Article 1 (State Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
36-1704......................... Hearing Board..... July 13, 1981..... June 18, 1982, 47
FR 26382.
36-1707.02...................... Grant or Denial of July 13, 1981..... June 18, 1982, 47
Application. FR 26382.
36-1707.03...................... Appeals to Hearing July 13, 1981..... June 18, 1982, 47
Board. FR 26382.
36-1707.04...................... Permit July 13, 1981..... June 18, 1982, 47
Nontransferable; FR 26382.
Exception.
36-1707.05...................... Posting of Permit. July 13, 1981..... June 18, 1982, 47
FR 26382.
36-1707.06...................... Notice by Building July 13, 1981..... June 18, 1982, 47
Permit Agencies. FR 26382.
36-1708......................... Classification and July 13, 1981..... June 18, 1982, 47
Reporting; FR 26382.
Production of
Records:
Confidentiality
of Records;
Violation;
Penalty.
36-1717......................... Motor Vehicle and August 5, 1981.... June 18, 1982, 47
Combustion Engine FR 26382.
Emissions;
Standards.
36-1718......................... Limitations....... August 5, 1981.... June 18, 1982, 47
FR 26382.
36-1718.01...................... Preservation of August 5, 1981.... June 18, 1982, 47
Rights. FR 26382.
36-1720......................... Violation; August 5, 1981.... June 18, 1982, 47
Classification; FR 26382.
Agreement
Provisions.
36-1720.01...................... Defenses.......... July 13, 1981..... June 18, 1982, 47
FR 26382.
----------------------------------------------------------------------------------------------------------------
[[Page 253]]
Title 38 (Public Officers and Employees)
Chapter 1 (General Provisions)
Article 1 (Definitions)
----------------------------------------------------------------------------------------------------------------
38-101.......................... Definitions....... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
----------------------------------------------------------------------------------------------------------------
Article 8 (Conflict of Interest of Officers and Employees)
----------------------------------------------------------------------------------------------------------------
38-501.......................... Application of August 24, 2012... November 5, 2012, Arizona Revised
article. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
38-502.......................... Definitions....... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
38-503.......................... Conflict of August 24, 2012... November 5, 2012, Arizona Revised
interest; 77 FR 66398. Statutes (West's,
exemptions; 2011-2012 Compact
employment Edition). Adopted
prohibition. by the Arizona
Department of
Environmental
Quality on August
24, 2012.
38-504.......................... Prohibited acts... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
38-505.......................... Additional income August 24, 2012... November 5, 2012, Arizona Revised
prohibited for 77 FR 66398. Statutes (West's,
services. 2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
[[Page 254]]
38-506.......................... Remedies.......... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
38-507.......................... Opinions of the August 24, 2012... November 5, 2012, Arizona Revised
attorney general, 77 FR 66398. Statutes (West's,
county attorneys, 2011-2012 Compact
city or town Edition). Adopted
attorneys and by the Arizona
house and senate Department of
ethics committee. Environmental
Quality on August
24, 2012.
38-508.......................... Authority of August 24, 2012... November 5, 2012, Arizona Revised
public officers 77 FR 66398. Statutes (West's,
and employees to 2011-2012 Compact
act. Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
38-509.......................... Filing of August 24, 2012... November 5, 2012, Arizona Revised
disclosures. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
38-510.......................... Penalties......... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
38-511.......................... Cancellation of August 24, 2012... November 5, 2012, Arizona Revised
political 77 FR 66398. Statutes (West's,
subdivision and 2011-2012 Compact
state contracts; Edition). Adopted
definition. by the Arizona
Department of
Environmental
Quality on August
24, 2012.
----------------------------------------------------------------------------------------------------------------
[[Page 255]]
Title 41 (State Government)
Chapter 1 (Executive Officers)
Article 1 (The Governor)
----------------------------------------------------------------------------------------------------------------
41-101.03....................... State Employee July 18, 1988..... August 10, 1988, House Bill 2206,
Ride Sharing 53 FR 30224; section 7.
Program; vacated; restored
Designated State on January 29,
Agency; Fund. 1991, 56 FR 3219.
----------------------------------------------------------------------------------------------------------------
Chapter 4 (Department of Administration and Personnel Board)
Article 7 (Management of State Properties)
----------------------------------------------------------------------------------------------------------------
41-796.01....................... Adjusted work September 1, 1999. June 8, 2000, 65 House Bill 2189,
hours. FR 36353. section 3.
----------------------------------------------------------------------------------------------------------------
Chapter 15 (Department of Weights and Measures)
Article 2 (State Administration of Weights and Measures)
----------------------------------------------------------------------------------------------------------------
41-2065......................... Powers and Duties. June 11, 1991..... March 9, 1992, 57 House Bill 2181,
FR 8268. section 1.
41-2066......................... Enforcement powers July 18, 1988..... August 10, 1988, House Bill 2206,
of the director 53 FR 30224; section 10.[dagger]
on January 29,
1991, 56 FR 3219.
41-2066(A)(2)................... Enforcement powers January 22, 2004.. March 4, 2004, 69 Included in
of the director FR 10161. submittal
and inspectors. entitled
``Supplement to
Cleaner Burning
Gasoline Program
State
Implementation
Plan Revision.''
----------------------------------------------------------------------------------------------------------------
Title 49 (The Environment)
Chapter 1 (General Provisions)
Article 1 (Department of Environmental Quality)
----------------------------------------------------------------------------------------------------------------
49-103.......................... Department August 24, 2012... November 5, 2012, Arizona Revised
employees; legal 77 FR 66398. Statutes (West's,
counsel. 2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-104, subsections (A)(2), Powers and duties August 24, 2012... November 5, 2012, Arizona Revised
(A)(4), (B)(3), and (B)(5) only. of the department 77 FR 66398. Statutes (West's,
and director. 2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
[[Page 256]]
49-104 subsections (A)(3) and Powers and duties December 3, 2015.. August 21, 2018, Arizona Revised
(B)(1) only. of the department 83 FR 42214. Statutes (Thomson
and director. Reuters, 2015-16
Cumulative Pocket
Part). Adopted by
the Arizona
Department of
Environmental
Quality on
December 3, 2015.
49-106.......................... Statewide August 24, 2012... November 5, 2012, Arizona Revised
application of 77 FR 66398. Statutes (West's,
rules. 2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
----------------------------------------------------------------------------------------------------------------
Chapter 3 (Air Quality)
Article 1 (General Provisions)
----------------------------------------------------------------------------------------------------------------
49-402.......................... State and county October 29, 2012, September 23, West's Arizona
control. and supplemented 2014, 79 FR 56655. Revised Statutes,
on September 6, 2012-2013 Compact
2013. Edition.
49-403.......................... Air Quality July 18, 1988..... August 10, 1988, House Bill 2206,
Compliance 53 FR 30224; section
Advisory vacated; restored 15.[dagger]
Committee. on January 29,
1991, 56 FR 3219.
49-404.......................... State September 1, 1999. June 8, 2000, 65 House Bill 2189,
implementation FR 36353. section 42.
plan.
49-404.......................... Department of July 18, 1988..... August 10, 1988, House Bill 2206,
transportation 53 FR 30224; section
pilot project on vacated; restored 15.[dagger]
oxygenated fuels, on January 29,
compressed 1991, 56 FR 3219.
natural gas and
liquid propane
gas; reports.
49-405.......................... Attainment area August 24, 2012... November 5, 2012, Arizona Revised
designations. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-405.......................... Oxygenated Fuel July 18, 1988..... August 10, 1988, House Bill 2206,
Fleet Studies 53 FR 30224; section 15.[dagger]
Requirements. on January 29,
1991, 56 FR 3219.
49-406.......................... Nonattainment area August 11, 1998... June 8, 2000, 65 Senate Bill 1427,
plan. FR 36353. section 15.
[[Page 257]]
49-406.......................... Clean burning July 18, 1988..... August 10, 1988, House Bill 2206,
reporting 53 FR 30224; section
requirements; vacated; restored 15.[dagger]
definitions. on January 29,
1991, 56 FR 3219.
----------------------------------------------------------------------------------------------------------------
Article 2 (State Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
49-421.......................... Definitions....... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-422.......................... Powers and duties. August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-424.......................... Duties of April 18, 2014.... May 1, 2017, 82 FR Submitted on
Department. 20267. December 21,
2015.
49-425.......................... Rules; hearing.... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-426, excluding paragraphs D, Permits; duties of July 28, 2011, and September 23, West's Arizona
E.1, F, I, J, and M. director; supplemented on 2014, 79 FR 56655. Revised Statutes,
exceptions; May 16, 2014. 2012-2013 Compact
applications; Edition.
objections; fees.
49-433.......................... Special inspection August 24, 2012... November 5, 2012, Arizona Revised
warrant. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-435.......................... Hearings on orders August 24, 2012... November 5, 2012, Arizona Revised
of abatement. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
[[Page 258]]
49-441.......................... Suspension and August 24, 2012... November 5, 2012, Arizona Revised
revocation of 77 FR 66398. Statutes (West's,
conditional order. 2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-455, subsections (A) and Permit August 24, 2012... November 5, 2012, Arizona Revised
(B)(2) only. administration 77 FR 66398. Statutes (West's,
fund. 2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-460.......................... Violations; August 24, 2012... November 5, 2012, Arizona Revised
production of 77 FR 66398. Statutes (West's,
records. 2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-461.......................... Violations; order August 24, 2012... November 5, 2012, Arizona Revised
of abatement. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-462.......................... Violations; August 24, 2012... November 5, 2012, Arizona Revised
injunctive relief. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-463.......................... Violations; civil August 24, 2012... November 5, 2012, Arizona Revised
penalties. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
[[Page 259]]
49-465.......................... Air pollution August 24, 2012... November 5, 2012, Arizona Revised
emergency. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
----------------------------------------------------------------------------------------------------------------
Article 3 (County Air Pollution Control)
----------------------------------------------------------------------------------------------------------------
49-471.......................... Definitions....... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-473.......................... Board of August 24, 2012... November 5, 2012, Arizona Revised
supervisors. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-474.......................... County control August 24, 2012... November 5, 2012, Arizona Revised
boards. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-476.01....................... Monitoring........ August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-478.......................... Hearing board..... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
[[Page 260]]
49-479.......................... Rules; hearing.... August 24, 2012... November 5, 2012, Arizona Revised
77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-480.02....................... Appeals of permit August 24, 2012... November 5, 2012, Arizona Revised
actions. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-482.......................... Appeals to hearing August 24, 2012... November 5, 2012, Arizona Revised
board. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-488.......................... Special inspection August 24, 2012... November 5, 2012, Arizona Revised
warrant. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-490.......................... Hearings on orders August 24, 2012... November 5, 2012, Arizona Revised
of abatement. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-495.......................... Suspension and August 24, 2012... November 5, 2012, Arizona Revised
revocation of 77 FR 66398. Statutes (West's,
conditional order. 2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
[[Page 261]]
49-502.......................... Violation; August 24, 2012... November 5, 2012, Arizona Revised
classification. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-510.......................... Violations; August 24, 2012... November 5, 2012, Arizona Revised
production of 77 FR 66398. Statutes (West's,
records. 2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-511.......................... Violations; order August 24, 2012... November 5, 2012, Arizona Revised
of abatement. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-512.......................... Violations; August 24, 2012... November 5, 2012, Arizona Revised
injunctive relief. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
49-513.......................... Violations; civil August 24, 2012... November 5, 2012, Arizona Revised
penalties. 77 FR 66398. Statutes (West's,
2011-2012 Compact
Edition). Adopted
by the Arizona
Department of
Environmental
Quality on August
24, 2012.
----------------------------------------------------------------------------------------------------------------
[dagger] Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir.
1990). Restored on January 29, 1991, 56 FR 3219.
\1\ Approved as Chapter 22 (Unblended Gasoline Shortages), Article 1 (General Provisions).
[81 FR 85040, Nov. 23, 2016, as amended at 82 FR 2246, Jan. 9, 2017; 82
FR 15152, Mar. 27, 2017; 82 FR 20268, May 1, 2017; 82 FR 46914, Oct. 10,
2017; 82 FR 59522, Dec. 15, 2017; 83 FR 7615, Feb. 22, 2018; 83 FR
19635, May 4, 2018; 83 FR 26597, June 8, 2018; 83 FR 42218, Aug. 21,
2018; 83 FR 56736, 56738, Nov. 14, 2018; 84 FR 8819, Mar. 12, 2019; 84
FR 13548, Apr. 5, 2019; 84 FR 18392, May 1, 2019]
Sec. 52.121 Classification of regions.
The Arizona plan is evaluated on the basis of the following
classifications:
[[Page 262]]
----------------------------------------------------------------------------------------------------------------
Classifications
AQCR (constituent counties) ---------------------------------------------------------------------
PM SOX NO2 CO O3
----------------------------------------------------------------------------------------------------------------
Maricopa Intrastate (Maricopa)............ I III III I I
Pima Intrastate (Pima).................... I III III III I
Northern Arizona Intrastate (Apache, I III III III III
Coconino, Navajo, Yavapai)...............
Mohave-Yuma Intrastate (Mohave, Yuma)..... I III III III III
Central Arizona Intrastate (Gila, Pinal).. I IA III III III
Southeast Arizona Intrastate (Cochise, I IA III III III
Graham, Greenlee, Santa Cruz)............
----------------------------------------------------------------------------------------------------------------
[83 FR 42219, Aug. 21, 2018]
Sec. 52.122 Negative declarations.
(a) The following air pollution control districts submitted negative
declarations for volatile organic compound source categories to satisfy
the requirements of section 182 of the Clean Air Act, as amended. The
following negative declarations are approved as additional information
to the State Implementation Plan.
(1) Maricopa County Environmental Services Department.
(i) Refinery Sources (Refinery Process Turnarounds), Automobile and
Light Duty Trucks, Magnet Wire, Flatwood Paneling, Pharmaceuticals and
Cosmetic Manufacturing Operations, Rubber Tire Manufacturing, Polymer
Manufacturing, Industrial Wastewater, Ship Building and Repair,
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch
Processing, SOCMI Reactors, and SOCMI Distillation were adopted on April
26, 2000 and submitted on December 14, 2000.
(ii) Fiberglass Boat Manufacturing was adopted on March 24, 2004 and
submitted on April 21, 2004.
(b) [Reserved]
[67 FR 54743, Aug. 26, 2002, as amended at 70 FR 7041, Feb. 10, 2005]
Sec. 52.123 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approved Arizona's plan for the attainment of the national standards.
(b) With the exception set forth in Sec. Sec. 52.130 and 52.135,
the Administrator approves the inspection and maintenance (I/M) program
for motor vehicles; the carpool matching program; certain transit
improvements; and certain traffic flow improvement and site-specific
traffic control measures.
(c) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph.
(1) For TSP, the portion of the Tucson TSP Air Planning Area falling
both within the area described by connecting the geographic points in
the order listed below in this paragraph and within the townships and
sections described below in this paragraph:
Latitude 32[deg]38.5[min] N, Longitude 111[deg]24.0[min] W
Latitude 32[deg]26.5[min] N, Longitude 110[deg]47.5[min] W
Latitude 32[deg]12.5[min] N, Longitude 110[deg]32.5[min] W
Latitude 31[deg]49.5[min] N, Longitude 110[deg]25.5[min] W
Latitude 31[deg]42.0[min] N, Longitude 110[deg]50.5[min] W
Latitude 31[deg]52.5[min] N, Longitude 111[deg]12.5[min] W
Latitude 31[deg]24.5[min] N, Longitude 111[deg]29.0[min] W
(and return to initial point)
T9S, R9-11E
T10S, R9-13E
T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters
only) and 7 (NE and SE quarters only)
T13S, R14E: sections 19-21, 26-35
T14S, R13E: sections 1-3, 10-14, 23-25
T14S, R14E: sections 3-9, 17-19, 30
T17S, R19E
T18S, R19E
T20S, R14-15E
(d) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph. In addition, continued satisfaction of the requirements of
Part D for the ozone portion of the State Implementation Plan (SIP)
depends on the adoption and submittal by January 1, 1981, of reasonably
available control technology (RACT)
[[Page 263]]
requirements for sources covered by Control Technique Guidelines (CTG's)
published between January 1978 and January 1979.
(1) Maricopa County Urban Planning Area for O3.
(e) The Administrator finds that the plan does not satisfy all the
requirements of Part D, Title I, of the Clean Air Act as amended in 1977
for the nonattainment and area pollutants listed in this paragraph.
(1) Maricopa County Urban Planning Area for CO and TSP.
(2) [Reserved]
(3) The following portion of the Tucson TSP Air Planning Area: The
area described by connecting the following geographic points in the
order listed below:
Latitude 32[deg]38.5[min] N, Longitude 111[deg]24.0[min] W
Latitude 32[deg]26.5[min] N, Longitude 110[deg]47.5[min] W
Latitude 32[deg]12.5[min] N, Longitude 110[deg]32.5[min] W
Latitude 31[deg]49.5[min] N, Longitude 110[deg]25.5[min] W
Latitude 31[deg]42.0[min] N, Longitude 110[deg]50.5[min] W
Latitude 31[deg]52.5[min] N, Longitude 111[deg]12.5[min] W
Latitude 31[deg]24.5[min] N, Longitude 111[deg]29.0[min] W
(and return to initial point)
Excluding the area within the following townships:
T9S, R9-11E
T10S, R9-13E
T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters
only) and 7 (NE and SE quarters only)
T13S, R14E: sections 19-21, 26-35
T14S, R13E: sections 1-3, 10-14, 23-25
T14S, R14E: sections 3-9, 17-19, 30
T17S, R19E
T18S, R19E
T20S, R14-15E
(f) Maricopa County PM-10 Nonattainment Area (Phoenix Planning
Area). (1) Plan for Attainment of the 24-hour PM-10 Standard--Maricopa
County PM-10 Nonattainment Area (May, 1997) submitted by the Arizona
Department of Environmental Quality on May 7, 1997.
(i) [Reserved]
(ii) The Administrator approves the attainment and reasonable
further progress demonstrations for the Maryvale PM-10 monitoring site
and Salt River PM-10 monitoring site.
(iii) The approvals in paragraphs (f)(1) (i) and (ii) of this
section are applicable only to the plan identified in paragraph (f)(1)
of this section and do not constitute the Administrator's final decision
as to the State's full compliance with the requirements of Clean Air Act
sections 189(a)(1)(C) and 189(b)(1)(B) for RACM and BACM and sections
189(a)(1)(B), 189(b)(1)(A) and 189(c)(1) for attainment and reasonable
further progress.
(g) Pursuant to the Federal planning authority in section 110(c) of
the Clean Air Act, the Administrator finds that the applicable
implementation plan for the Maricopa County ozone nonattainment area
demonstrates the 15 percent VOC rate of progress required under section
182(b)(1)(A)(i).
(h) Pursuant to the federal planning authority in section 110(c) of
the Clean Air Act, the Administrator finds that the applicable
implementation plan for the Maricopa County PM-10 nonattainment area
provides for the implementation of reasonably available control measures
as required by section 189(a)(1)(C) and demonstrates attainment by the
applicable attainment date as required and allowed by sections 172(c)(2)
and 189(a)(1)(B).
(i) The Administrator approves the Maintenance Plan for the Tucson
Air Planning Area submitted by the Arizona Department of Environmental
Quality on October 6, 1997 as meeting requirements if section 175(A) of
the Clean Air Act and the requirements of EPA's Limited Maintenance Plan
option. The Administrator approves the Emissions Inventory contained in
the Maintenance Plan as meeting the requirements of section 172(c)(3) of
the Clean Air Act.
(j) The Administrator is approving the following elements of the
Metropolitan Phoenix PM-10 Nonattainment Area Serious Area PM-10 Plan as
contained in Revised Maricopa Association of Governments 1999 Serious
Area Particulate Plan for PM-10 for the Maricopa County Nonattainment
Area, February 2000, submitted February 16, 2000 and Maricopa County PM-
10 Serious Area State Implementation Plan Revision, Agricultural Best
Management Practices (BMP), ADEQ, June 2000, submitted on June 13, 2001:
(1) 1994 Base year emission inventory pursuant to Clean Air Act
section 172(c)(3).
[[Page 264]]
(2) The Provisions for implementing on all significant source
categories reasonably available control measures (except for
agricultural sources) and best available control measures for the annual
and 24-hour PM-10 NAAQS pursuant to section Clean Air Act sections
189(a)(1)(c) and 189(b)(1)(b)).
(3) The demonstration of the impracticability of attainment by
December 31, 2001 for the annual and 24-hour PM-10 NAAQS pursuant to
Clean Air Act section 189(b)(1)(A)(ii).
(4) The demonstration of attainment by the most expeditious
alternative date practicable for the annual and 24-hour PM-10 NAAQS
pursuant to Clean Air Act section 189(b)(1)(A)(ii).
(5) The demonstration of reasonable further progress for the annual
and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 172(c)(2).
(6) The quantitative milestones for the annual and 24-hour PM-10
NAAQS pursuant to Clean Air Act section 189(c).
(7) The inclusion of the most stringent measures for the annual and
24-hour PM-10 NAAQS pursuant to Clean Air Act section 188(e).
(8) The demonstration that major sources of PM-10 precursors do not
contribute significantly to violations for the annual and 24-hour PM-10
NAAQS pursuant to Clean Air Act section 189(e).
(9) The contingency measures for the annual and 24-hour PM-10 NAAQS
pursuant to Clean Air Act section 172(c)(9).
(10) The transportation conformity budget for the annual and 24-hour
PM-10 NAAQS pursuant to Clean Air Act section 176(c).
(11) The provisions for assuring adequate resources, personnel, and
legal authority to carry out the plan for the annual and 24-hour PM-10
NAAQS pursuant to Clean Air Act section 110(a)(2)(E)(i).
(k) The Administrator approves the revised Enhanced Vehicle
Inspection and Maintenance Program for the Maricopa County carbon
monoxide and ozone nonattainment area submitted by the Arizona
Department of Environmental Quality on July 6, 2001 and April 10, 2002
as meeting the requirements of Clean Air Act sections 182(c)(3) and
187(a)(6) and the requirements for high enhanced inspection and
maintenance programs contained in 40 CFR part 51, subpart S.
(l) 1997 8-hour ozone NAAQS: The SIPs submitted on October 14, 2009
and August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of the
Arizona SIP.
(m) 1997 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions of
the Arizona SIP.
(n) 2006 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all
portions of the Arizona SIP.
(o) 2008 8-hour ozone NAAQS: The SIPs submitted on October 14, 2011,
December 27, 2012, and December 3, 2015 are fully or partially
disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II),
D(ii), and (J) for all portions of the Arizona SIP.
(p) 2008 Lead (Pb) NAAQS: The SIPs submitted on October 14, 2011 and
December 27, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of the
Arizona SIP.
(q) 2010 Nitrogen Dioxide NAAQS: The SIPs submitted on January 18,
2013 and December 3, 2015 are fully or partially disapproved for CAA
elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of
the Arizona SIP.
(r) 2010 Sulfur Dioxide NAAQS: The SIPs submitted on July 23, 2013
and December 3, 2015 are fully or partially disapproved for CAA elements
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the
Arizona SIP.
[38 FR 33373, Dec. 3, 1973, as amended at 48 FR 254, Jan. 4, 1983; 51 FR
3336, Jan. 27, 1986; 51 FR 33750, Sept. 23, 1986; 62 FR 41864, Aug. 4,
1997; 63 FR 28904, May 27, 1998; 63 FR 41350, Aug. 3, 1998; 65 FR 36358,
June 8, 2000; 67 FR 48739, July 25, 2002; 68 FR 2914, Jan. 22, 2003; 77
FR 66404, Nov. 5, 2012; 78 FR 46175, July 30, 2013; 80 FR 40909, July
14, 2015; 80 FR 47862, Aug. 10, 2015; 81 FR 36180, June 6, 2016; 83 FR
42219, Aug. 21, 2018]
Sec. 52.124 Part D disapproval.
(a) The following portions of the Arizona SIP are disapproved
because they
[[Page 265]]
do not meet the requirements of Part D of the Clean Air Act.
(1) The attainment demonstration, conformity and contingency
portions of the 1987 Maricopa Association of Governments Carbon Monoxide
Plan and 1988 Addendum.
(2) [Reserved]
(b)-(c) [Reserved]
[56 FR 5478, Feb. 11, 1991, as amended at 62 FR 41864, Aug. 4, 1997; 63
FR 41350, Aug. 3, 1998; 65 FR 36358, June 8, 2000; 67 FR 48739, July 25,
2002]
Sec. 52.125 Control strategy and regulations: Sulfur oxides.
(a)(1) The requirements of subpart G of this chapter are not met
since the control strategy does not analyze the impact of smelter
fugitive emissions on ambient air quality (except at Hayden, Arizona) in
the Central Arizona Intrastate, the Pima Intrastate, and the Southeast
Arizona Intrastate (Cochise and Greenlee counties) Regions. Arizona must
submit these smelter fugitive emissions control strategies to EPA by
August 1, 1984. In addition, the requirements of Sec. 51.281 of this
chapter are not met since the plan does not require permanent control of
fugitive smelter emissions necessary to attain and maintain the national
standards for sulfur oxides. The control strategy for Hayden shows that
these controls are required to attain and maintain the national
standards, and the fugitive control strategy analyses required above may
show that they are required for some or all of the other smelter towns
in Arizona. Arizona must submit all fugitive emissions control
regulations necessary to attain and maintain the national standards for
sulfur oxides to EPA by August 1, 1984. Therefore, the control
strategies and regulations for the six smelter areas in the Central
Arizona Intrastate, the Pima Intrastate and the Southeast Arizona
Intrastate (Cochise and Greenlee counties) Regions are incomplete due to
Arizona's failure to address the fugitive emissions problems at copper
smelters.
(2) Regulation 7-1-4.1 (copper smelters) of the Arizona Rules and
Regulations for Air Pollution Control, as it pertains to existing copper
smelters, is disapproved for the Central Arizona Intrastate, Pima
Intrastate and Southeast Arizona Intrastate (Cochise and Greenlee
counties) Regions.
(b) The requirements of subpart G and Sec. 51.281 of this chapter
are not met since the plan does not provide the degree of control
necessary to attain and maintain the national standards for sulfur
oxides in the Northern Arizona Intrastate Region. Therefore, Regulation
7-1-4.2(C) (fuel burning installations) of the Arizona Rules and
Regulations for Air Pollution Control, as it pertains to existing
sources, is disapproved in the Northern Arizona Intrastate Region for
steam power generating installations having a total rated capacity equal
to or greater than 6,500 million B.t.u. per hour.
(c) Replacement regulation for Regulation 7-1-4.2(C) (Fossil fuel-
fired steam generators in the Northern Arizona Intrastate Region). (1)
This paragraph is applicable to the fossil fuel-fired steam generating
equipment designated as Units 1, 2, and 3 at the Navajo Power Plant in
the Northern Arizona Intrastate Region (Sec. 81.270 of this chapter).
(2) No owner or operator of the fossil fuel-fired steam generating
equipment to which this paragraph is applicable shall discharge or cause
the discharge of sulfur oxides into the atmosphere in excess of the
amount prescribed by the following equations:
E = 12,245 S or e = 1,540 S
Where:
E = Allowable sulfur oxides emissions (lb./hr.) from all affected units.
e = Allowable sulfur oxides emissions (gm./sec.) from all affected
units.
S = Sulfur content, in percent by weight, prior to any pretreatment of
the fuel being burned.
(3) For the purposes of this paragraph:
(i) E shall not exceed 21,270 lb./hr. (2,680 gm./sec.).
(ii) If the sum of sulfur oxides emissions from Units 1, 2, and 3
would be less than 3,780 lb./hr. (475 gm./sec.) without the use of
emission control equipment, the requirements of paragraphs (2), (4)(i)
and (5) of this paragraph (c), shall not apply for the period of time
that the emissions remain below this level.
[[Page 266]]
(iii) The applicability of paragraph (c)(2)(ii) of this section may
be determined through a sulfur balance utilizing the analyzed sulfur
content of the fuel being burned and the total rate of fuel consumption
in all affected units.
(4)(i) No owner or operator of the fossil fuel-fired steam
generating equipment subject to this paragraph shall discharge or cause
the discharge of sulfur oxides into the atmosphere from any affected
unit in excess of the amount prescribed by the following equations,
except as provided in paragraph (3)(ii) of this paragraph (c).
E1 = 0.333 E or e1 = 0.333 e
Where:
E = Allowable sulfur oxides emissions (lb./hr.) from all affected units
as determined pursuant to paragraph (2) of this paragraph.
e = Allowable sulfur oxides emissions (gm./sec.) from all affected units
as determined pursuant to paragraph (2) of this paragraph (c).
E1 = Allowable sulfur oxides emissions (lb./hr.) from each
affected unit.
e1 = Allowable sulfur oxides emissions (gm./sec.) from each
affected unit.
(ii) The owner or operator of the fossil fuel-fired steam generating
equipment to which this paragraph is applicable may submit a request to
redesignate the allowable emissions specified in paragraph (c)(4)(i) of
this section. Such a request shall be submitted no later than December
2, 1974, and shall demonstrate that sulfur oxides emissions on a total
plant basis will not exceed those specified in paragraphs (2) and (3)(i)
of this paragraph (c). Upon receipt and evaluation of such request, the
Administrator shall consider such and if appropriate, redesignate the
allowable emissions specified in paragraph (c)(4)(i) of this section.
(5) All sulfur oxides control equipment at the fossil fuel-fired
steam generating equipment to which this paragraph is applicable shall
be operated at the maximum practicable efficiency at all times, without
regard to the allowable sulfur oxides emissions, determined according to
paragraph (2) or (3) of this paragraph (c), except as provided in
paragraph (3)(ii) of this paragraph (c).
(6) Compliance with this paragraph shall be in accordance with the
provisions of Sec. 52.134(a).
(7) The test methods and procedures used to determine compliance
with this paragraph shall be those prescribed in Sec. 60.46(c)(2) and
(c)(4) of this chapter. The test methods for determining the sulfur
content of fuel shall be those specified in Sec. 60.45(c) and (d) of
this chapter.
(d)-(e) [Reserved]
(f)(1) Paragraphs B through E of regulation 7-1-4.2 (R9-3-402)
(Sulfur Emissions: Fuel Burning Installations) of the Arizona Air
Pollution Control Regulations are disapproved because they could allow
existing oil fired facilities to use dispersion dependent techniques
alone as a means of attaining and maintaining the national ambient air
quality standards. The regulation does not assure the attainment and
maintenance of the national standards in a manner which is consistent
with the intent of sections 110(a)(2)(B) and 123(a)(2) of the Clean Air
Act.
(2) The approval of paragraphs A and F of regulation 7-1-4.2 as to
coal fired facilities does not apply to the Salt River Project
Agricultural Improvement and Power District-Navajo Generating Station.
(3) Paragraphs B through E of regulation 8-1-4.2 (Sulfur Emissions--
Fuel Burning Installations) of the Yuma County Air Pollution Control
Regulations are disapproved because they could allow existing facilities
to use dispersion dependent techniques alone as a means of attaining and
maintaining the National Ambient Air Quality Standards. This regulation
does not assure the attainment and maintenance of the national standards
in a manner which is consistent with the intent of sections
110(a)(2)(B)and 123(a)(2) of the Clean Air Act.
(g) Section 3, Regulation 3 (Sulfur from Primary Copper Smelters) of
the Mohave County Health Department Air Pollution Control Regulations
and Regulation 7-3-2.1 (Copper Smelters) of the Pinal-Gila Counties Air
Quality Control District are disapproved since Section 36-1706 of the
Arizona Revised Statutes grants exclusive jurisdiction to the Arizona
Department of Health
[[Page 267]]
Services and the State Hearing Board over all existing copper smelters.
(1) The requirements of Sec. 51.13 of this chapter are not met
since the plan does not demonstrate that the emission limitations
applicable to existing fuel burning equipment producing electrical
energy will provide for the attainment and maintenance of the national
standards in the Pima Intrastate Region (Sec. 81.269 of this chapter).
(2) Regulation II: Rule 7A--paragraphs 2 through 5, Emission
Limitations Fuel Burning Equipment--Sulfur Dioxide, of the Rules and
Regulations of the Pima County Air Pollution Control District are
disapproved because they could allow existing facilities to use
dispersion dependent techniques along as a means of attaining and
maintaining the National Ambient Air Quality Standards. The regulation
does not assure the attainment and maintenance of the national standards
in a manner which is consistent with the intent of section 110(a)(2)(B)
of the Clean Air Act.
[37 FR 15081, July 27, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.125, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.126 Control strategy and regulations: Particulate matter.
(a) The requirements of subpart G and Sec. 51.281 of this chapter
are not met since the plan does not provide the degree of control
necessary to attain and maintain the national standards for particulate
matter in Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties.
Therefore, Regulation 7-1-3.6 (process industries) of the Arizona Rules
and Regulations for Air Pollution Control is disapproved for Gila,
Maricopa, Pima, Pinal, and Santa Cruz Counties.
(b) Replacement regulation for Regulation 7-1-3.6 of the Arizona
Rules and Regulations for Air Pollution Control (Gila, Maricopa, Pima,
Pinal, and Santa Cruz Counties). (1) No owner or operator of any
stationary process source in Gila, Maricopa, Pima, Pinal, or Santa Cruz
County shall discharge or cause the discharge of particulate matter into
the atmosphere in excess of the hourly rate shown in the following table
for the process weight rate identified for such source:
[In pounds per hour]
------------------------------------------------------------------------
Process
Process weight rate Emission weight Emission
rate rate rate
------------------------------------------------------------------------
50..................................... 0.36 60,000 29.60
100.................................... 0.55 80,000 31.19
500.................................... 1.53 120,000 33.28
1,000.................................. 2.25 160,000 34.85
5,000.................................. 6.34 200,000 36.11
10,000................................. 9.73 400,000 40.35
20,000................................. 14.99 1,000,000 46.72
------------------------------------------------------------------------
(2) Paragraph (b)(1) of this section shall not apply to
incinerators, fuel burning installations, or Portland cement plants
having a process weight rate in excess of 250,000 lb/h.
(3) No owner or operator of a Portland cement plant in Gila,
Maricopa, Pima, Pinal, or Santa Cruz County with a process weight rate
in excess of 250,000 lb/hr shall discharge or cause the discharge of
particulate matter into the atmosphere in excess of the amount specified
in Sec. 60.62 of this chapter.
(4) Compliance with this paragraph shall be in accordance with the
provisions of Sec. 52.134(a).
(5) The test methods and procedures used to determine compliance
with this paragraph are set forth below. The methods referenced are
contained in the appendix to part 60 of this chapter. Equivalent methods
and procedures may be used if approved by the Administrator.
(i) For each sampling repetition, the average concentration of
particulate matter shall be determined by using method 5. Traversing
during sampling by method 5 shall be according to method 1. The minimum
sampling time shall be 2 hours and the minimum sampling volume shall be
60 ft\3\ (1.70 m\3\), corrected to standard conditions on a dry basis.
(ii) The volumetric flow rate of the total effluent shall be
determined by using method 2 and traversing according to method 1. Gas
analysis shall be performed using the integrated sample technique of
method 3, and moisture content shall be determined by the condenser
technique of method 4.
(iii) All tests shall be conducted while the source is operating at
the maximum production or combustion
[[Page 268]]
rate at which such source will be operated. During the tests, the source
shall burn fuels or combinations of fuels, use raw materials, and
maintain process conditions representative of normal operation, and
shall operate under such other relevant conditions as the Administrator
shall specify.
(c) The requirements of Sec. 51.281 of this chapter are not met
since the plan does not contain regulations for Mohave and Yuma Counties
in the Mohave-Yuma Intrastate Region or Pinal-Gila Counties in the
Central Arizona Intrastate Region which provide enforceable and
reproducible test procedures for the determination of compliance with
the emission standards. Therefore paragraph C of section 3, regulation 2
(Particulates: Other Sources) of the Mohave County Air Pollution Control
Regulations, paragraph B of regulation 8-1-3.6 (Particulates--Process
Industries) of the Yuma County Air Pollution Control Regulations, and
paragraph C of regulation 7-3-1.4 (Particulate Emissions--Incineration)
and paragraph F of regulation 7-3-1.7 (Particulate Emissions--Fuel
Burning Equipment) of the Rules and Regulations for Pinal-Gila Counties
Air Quality Control District are disapproved.
[37 FR 15081, July 27, 1972, as amended at 38 FR 12704, May 14, 1973; 43
FR 53034, Nov. 15, 1978; 45 FR 67346, Oct. 10, 1980; 51 FR 40676, 40677,
Nov. 7, 1986]
Sec. 52.128 Rule for unpaved parking lots, unpaved roads and vacant lots.
(a) General--(1) Purpose. The purpose of this section is to limit
the emissions of particulate matter into the ambient air from human
activity on unpaved parking lots, unpaved roads and vacant lots.
(2) Applicability. The provisions of this section shall apply to
owners/operators of unpaved roads, unpaved parking lots and vacant lots
and responsible parties for weed abatement on vacant lots in the Phoenix
PM-10 nonattainment area. This section does not apply to unpaved roads,
unpaved parking lots or vacant lots located on an industrial facility,
construction, or earth-moving site that has an approved permit issued by
Maricopa County Environmental Services Division under Rule 200, Section
305, Rule 210 or Rule 220 containing a Dust Control Plan approved under
Rule 310 covering all unpaved parking lots, unpaved roads and vacant
lots. This section does not apply to the two Indian Reservations (the
Salt River Pima-Maricopa Indian Community and the Fort McDowell Mojave-
Apache Indian Community) and a portion of a third reservation (the Gila
River Indian Community) in the Phoenix PM-10 nonattainment area. Nothing
in this definition shall preclude applicability of this section to
vacant lots with disturbed surface areas due to construction, earth-
moving, weed abatement or other dust generating operations which have
been terminated for over eight months.
(3) The test methods described in Appendix A of this section shall
be used when testing is necessary to determine whether a surface has
been stabilized as defined in paragraph (b)(16) of this section.
(b) Definitions--(1) Average daily trips (ADT). The average number
of vehicles that cross a given surface during a specified 24-hour time
period as determined by the Institute of Transportation Engineers Trip
Generation Report (6th edition, 1997) or tube counts.
(2) Chemical/organic stabilizer--Any non-toxic chemical or organic
dust suppressant other than water which meets any specifications,
criteria, or tests required by any federal, state, or local water agency
and is not prohibited for use by any applicable law, rule or regulation.
(3) Disturbed surface area--Any portion of the earth's surface, or
materials placed thereon, which has been physically moved, uncovered,
destabilized, or otherwise modified from its undisturbed natural
condition, thereby increasing the potential for emission of fugitive
dust.
(4) Dust suppressants--Water, hygroscopic materials, solution of
water and chemical surfactant, foam, or non-toxic chemical/organic
stabilizers not prohibited for use by any applicable law, rule or
regulation, as a treatment material to reduce fugitive dust emissions.
(5) EPA--United States Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, California 94105.
[[Page 269]]
(6) Fugitive dust--The particulate matter entrained in the ambient
air which is caused from man-made and natural activities such as, but
not limited to, movement of soil, vehicles, equipment, blasting, and
wind. This excludes particulate matter emitted directly from the exhaust
of motor vehicles and other internal combustion engines, from portable
brazing, soldering, or welding equipment, and from piledrivers.
(7) Lot--A parcel of land identified on a final or parcel map
recorded in the office of the Maricopa County recorder with a separate
and distinct number or letter.
(8) Low use unpaved parking lot--A lot on which vehicles are parked
no more than thirty-five (35) days a year, excluding days where the
exemption in paragraph (c)(2) of this section applies.
(9) Motor vehicle--A self-propelled vehicle for use on the public
roads and highways of the State of Arizona and required to be registered
under the Arizona State Uniform Motor Vehicle Act, including any non-
motorized attachments, such as, but not limited to, trailers or other
conveyances which are connected to or propelled by the actual motorized
portion of the vehicle.
(10) Off-road motor vehicle--any wheeled vehicle which is used off
paved roadways and includes but is not limited to the following:
(i) Any motor cycle or motor-driven cycle;
(ii) Any motor vehicle commonly referred to as a sand buggy, dune
buggy, or all terrain vehicle.
(11) Owner/operator--any person who owns, leases, operates,
controls, maintains or supervises a fugitive dust source subject to the
requirements of this section.
(12) Paving--Applying asphalt, recycled asphalt, concrete, or
asphaltic concrete to a roadway surface.
(13) Phoenix PM-10 nonattainment area--such area as defined in 40
CFR 81.303, excluding Apache Junction.
(14) PM-10--Particulate matter with an aerodynamic diameter less
than or equal to a nominal 10 micrometers as measured by reference or
equivalent methods that meet the requirements specified for PM-10 in 40
CFR part 50, Appendix J.
(15) Reasonably available control measures (RACM)--Techniques used
to prevent the emission and/or airborne transport of fugitive dust and
dirt.
(16) Stabilized surface--(i) Any unpaved road or unpaved parking lot
surface where:
(A) Any fugitive dust plume emanating from vehicular movement does
not exceed 20 percent opacity as determined in section I.A of Appendix A
of this section; and
(B) Silt loading (weight of silt per unit area) is less than 0.33
ounces per square foot as determined by the test method in section I.B
of Appendix A of this section OR where silt loading is greater than or
equal to 0.33 ounces per square foot and silt content does not exceed
six (6) percent for unpaved road surfaces or eight (8) percent for
unpaved parking lot surfaces as determined by the test method in section
I.B of Appendix A of this section.
(ii) Any vacant lot surface with:
(A) A visible crust which is sufficient as determined in section
II.1 of Appendix A of this section;
(B) A threshold friction velocity (TFV), corrected for non-erodible
elements, of 100 cm/second or higher as determined in section II.2 of
Appendix A of this section;
(C) Flat vegetation cover equal to at least 50 percent as determined
in section II.3 of Appendix A of this section;
(D) Standing vegetation cover equal to or greater than 30 percent as
determined in section II.4 of Appendix A of this section; or
(E) Standing vegetation cover equal to or greater than 10 percent as
determined in section II.4 of Appendix A of this section where threshold
friction velocity, corrected for non-erodible elements, as determined in
section II.2 of Appendix A of this section is equal to or greater than
43 cm/second.
(17) Unpaved parking lot--A privately or publicly owned or operated
area utilized for parking vehicles that is not paved and is not a Low
use unpaved parking lot.
(18) Unpaved road--Any road, equipment path or driveway used by
motor vehicles or off-road motor vehicles that is not paved which is
open to public access and owned/operated by any federal, state, county,
municipal or other
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governmental or quasi-governmental agencies.
(19) Urban or suburban open area--An unsubdivided or undeveloped
tract of land adjoining a residential, industrial or commercial area,
located on public or private property.
(20) Vacant lot--A subdivided residential, industrial,
institutional, governmental or commercial lot which contains no approved
or permitted buildings or structures of a temporary or permanent nature.
(c) Exemptions. The following requirements in paragraph (d) of this
section do not apply:
(1) In paragraphs (d)(1), (d)(2) and (d)(4)(iii) of this section:
Any unpaved parking lot or vacant lot 5,000 square feet or less.
(2) In paragraphs (d)(1) and (d)(2) of this section: Any unpaved
parking lot on any day in which ten (10) or fewer vehicles enter.
(3) In paragraphs (d)(4)(i) and (d)(4)(ii) of this section: Any
vacant lot with less than 0.50 acre (21,780 square feet) of disturbed
surface area(s).
(4) In paragraph (d) of this section: Non-routine or emergency
maintenance of flood control channels and water retention basins.
(5) In paragraph (d) of this section: Vehicle test and development
facilities and operations when dust is required to test and validate
design integrity, product quality and/or commercial acceptance. Such
facilities and operations shall be exempted from the provisions of this
section only if such testing is not feasible within enclosed facilities.
(6) In paragraph (d)(4)(i) of this section: Weed abatement
operations performed on any vacant lot or property under the order of a
governing agency for the control of a potential fire hazard or otherwise
unhealthy condition provided that mowing, cutting, or another similar
process is used to maintain weed stubble at least three (3) inches above
the soil surface. This includes the application of herbicides provided
that the clean-up of any debris does not disturb the soil surface.
(7) In paragraph (d)(4)(i) of this section: Weed abatement
operations that receive an approved Earth Moving permit under Maricopa
County Rule 200, Section 305 (adopted 11/15/93).
(d) Requirements--(1) Unpaved parking lots. Any owners/operators of
an unpaved parking lot shall implement one of the following RACM on any
surface area(s) of the lot on which vehicles enter and park.
(i) Pave; or
(ii) Apply chemical/organic stabilizers in sufficient concentration
and frequency to maintain a stabilized surface; or
(iii) Apply and maintain surface gravel uniformly such that the
surface is stabilized; or
(iv) Apply and maintain an alternative control measure such that the
surface is stabilized, provided that the alternative measure is not
prohibited under paragraph (b)(2) or (b)(4) of this section.
(2) Any owners/operators of a low use unpaved parking lot as defined
in paragraph (b)(8) of this section shall implement one of the RACM
under paragraph (d)(1) of this section on any day(s) in which over 100
vehicles enter the lot, such that the surface area(s) on which vehicles
enter and park is/are stabilized throughout the duration of time that
vehicles are parked.
(3) Unpaved roads. Any owners/operators of existing unpaved roads
with ADT volumes of 250 vehicles or greater shall implement one of the
following RACM along the entire surface of the road or road segment that
is located within the Phoenix non-attainment area by June 10, 2000:
(i) Pave; or
(ii) Apply chemical/organic stabilizers in sufficient concentration
and frequency to maintain a stabilized surface; or
(iii) Apply and maintain surface gravel uniformly such that the
surface is stabilized; or
(iv) Apply and maintain an alternative control measure such that the
surface is stabilized, provided that the alternative measure is not
prohibited under paragraph (b)(2) or (b)(4) of this section.
(4) Vacant lots. The following provisions shall be implemented as
applicable.
(i) Weed abatement. No person shall remove vegetation from any
vacant lot
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by blading, disking, plowing under or any other means without
implementing all of the following RACM to prevent or minimize fugitive
dust.
(A) Apply a dust suppressant(s) to the total surface area subject to
disturbance immediately prior to or during the weed abatement.
(B) Prevent or eliminate material track-out onto paved surfaces and
access points adjoining paved surfaces.
(C) Apply a dust suppressant(s), gravel, compaction or alternative
control measure immediately following weed abatement to the entire
disturbed surface area such that the surface is stabilized.
(ii) Disturbed surfaces. Any owners/operators of an urban or
suburban open area or vacant lot of which any portion has a disturbed
surface area(s) that remain(s) unoccupied, unused, vacant or undeveloped
for more than fifteen (15) calendar days shall implement one of the
following RACM within sixty (60) calendar days following the
disturbance.
(A) Establish ground cover vegetation on all disturbed surface areas
in sufficient quantity to maintain a stabilized surface; or
(B) Apply a dust suppressant(s) to all disturbed surface areas in
sufficient quantity and frequency to maintain a stabilized surface; or
(C) Restore to a natural state, i.e. as existing in or produced by
nature without cultivation or artificial influence, such that all
disturbed surface areas are stabilized; or
(D) Apply and maintain surface gravel uniformly such that all
disturbed surface areas are stabilized; or
(E) Apply and maintain an alternative control measure such that the
surface is stabilized, provided that the alternative measure is not
prohibited under paragraph (b)(2) or (b)(4) of this section.
(iii) Motor vehicle disturbances. Any owners/operators of an urban
or suburban open area or vacant lot of which any portion has a disturbed
surface area due to motor vehicle or off-road motor vehicle use or
parking, notwithstanding weed abatement operations or use or parking by
the owner(s), shall implement one of the following RACM within 60
calendar days following the initial determination of disturbance.
(A) Prevent motor vehicle and off-road motor vehicle trespass/
parking by applying fencing, shrubs, trees, barriers or other effective
measures; or
(B) Apply and maintain surface gravel or chemical/organic stabilizer
uniformly such that all disturbed surface areas are stabilized.
(5) Implementation date of RACM. All of the requirements in
paragraph (d) of this section shall be effective eight (8) months from
September 2, 1998. For requirements in paragraph (d)(4)(ii) and
(d)(4)(iii) of this section, RACM shall be implemented within eight (8)
months from September 2, 1998, or within 60 calendar days following the
disturbance, whichever is later.
(e) Monitoring and records. (1) Any owners/operators that are
subject to the provisions of this section shall compile and retain
records that provide evidence of control measure application, indicating
the type of treatment or measure, extent of coverage and date applied.
For control measures involving chemical/organic stabilization, records
shall also indicate the type of product applied, vendor name, label
instructions for approved usage, and the method, frequency,
concentration and quantity of application.
(2) Copies of control measure records and dust control plans along
with supporting documentation shall be retained for at least three
years.
(3) Agency surveys. (i) EPA or other appropriate entity shall
conduct a survey of the number and size (or length) of unpaved roads,
unpaved parking lots, and vacant lots subject to the provisions of this
section located within the Phoenix PM-10 nonattainment area beginning no
later than 365 days from September 2, 1998.
(ii) EPA or other appropriate entity shall conduct a survey at least
every three years within the Phoenix PM-10 nonattainment area beginning
no later than 365 days from September 2, 1998, which includes:
(A) An estimate of the percentage of unpaved roads, unpaved parking
lots, and vacant lots subject to this section to which RACM as required
in this section have been applied; and
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(B) A description of the most frequently applied RACM and estimates
of their control effectiveness.
Appendix A to Sec. 52.128--Test Methods To Determine Whether A Surface
Is Stabilized
I. Unpaved Roads and Unpaved Parking Lots
A. Opacity Observations
Conduct opacity observations in accordance with Reference Method 9
(40 CFR Part 60, appendix A) and Methods 203A and 203C of this appendix,
with opacity readings taken at five second observation intervals and two
consecutive readings per plume beginning with the first reading at zero
seconds, in accordance with Method 203C, sections 2.3.2. and 2.4.2 of
this appendix. Conduct visible opacity tests only on dry unpaved
surfaces (i.e. when the surface is not damp to the touch) and on days
when average wind speeds do not exceed 15 miles per hour (mph).
(i) Method 203A--Visual Determination of Opacity of Emissions From
Stationary Sources for Time-Arranged Regulations
Method 203A is virtually identical to EPA's Method 9 (40 CFR Part 60
Appendix A) except for the data-reduction procedures, which provide for
averaging times other than 6 minutes. That is, using Method 203A with a
6-minute averaging time would be the same as following EPA Method 9 (40
CFR Part 60, Appendix A). Additionally, Method 203A provides procedures
for fugitive dust applications. The certification procedures provided in
section 3 are virtually identical to Method 9 (40 CFR Part 60, Appendix
A) and are provided here, in full, for clarity and convenience.
1. Applicability and Principle
1.1 Applicability. This method is applicable for the determination
of the opacity of emissions from sources of visible emissions for time-
averaged regulations. A time-averaged regulation is any regulation that
requires averaging visible emission data to determine the opacity of
visible emissions over a specific time period.
1.2 Principle. The opacity of emissions from sources of visible
emissions is determined visually by an observer qualified according to
the procedures of section 3.
2. Procedures
An observer qualified in accordance with section 3 of this method
shall use the following procedures for visually determining the opacity
of emissions.
2.1 Procedures for Emissions from Stationary Sources. These
procedures are not applicable to this section.
2.2 Procedures for Fugitive Process Dust Emissions. These procedures
are applicable for the determination of the opacity of fugitive
emissions by a qualified observer. The qualified field observer should
do the following:
2.2.1 Position. Stand at a position at least 5 meters from the
fugitive dust source in order to provide a clear view of the emissions
with the sun oriented in the 140-degree sector to the back. Consistent
as much as possible with maintaining the above requirements, make
opacity observations from a position such that the line of vision is
approximately perpendicular to the plume and wind direction. As much as
possible, if multiple plumes are involved, do not include more than one
plume in the line of sight at one time.
2.2.2 Field Records. Record the name of the plant or site, fugitive
source location, source type [pile, stack industrial process unit,
incinerator, open burning operation activity, material handling
(transfer, loading, sorting, etc.)], method of control used, if any,
observer's name, certification data and affiliation, and a sketch of the
observer's position relative to the fugitive source. Also, record the
time, estimated distance to the fugitive source location, approximate
wind direction, estimated wind speed, description of the sky condition
(presence and color of clouds), observer's position relative to the
fugitive source, and color of the plume and type of background on the
visible emission observation form when opacity readings are initiated
and completed.
2.2.3 Observations. Make opacity observations, to the extent
possible, using a contrasting background that is perpendicular to the
line of vision. For roads, storage piles, and parking lots, make opacity
observations approximately 1 meter above the surface from which the
plume is generated. For other fugitive sources, make opacity
observations at the point of greatest opacity in that portion of the
plume where condensed water vapor is not present. For intermittent
sources, the initial observation should begin immediately after a plume
has been created above the surface involved. Do not look continuously at
the plume but, instead, observe the plume momentarily at 15-second
intervals.
2.3 Recording Observations. Record the opacity observations to the
nearest 5 percent every 15 seconds on an observational record sheet.
Each momentary observation recorded represents the average opacity of
emissions for a 15-second period.
2.4 Data Reduction for Time-Averaged Regulations. A set of
observations is composed of an appropriate number of consecutive
observations determined by the averaging time specified. Divide the
recorded observations into sets of appropriate time lengths for the
specified averaging time. Sets must consist
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of consecutive observations; however, observations immediately preceding
and following interrupted observations shall be deemed consecutive. Sets
need not be consecutive in time and in no case shall two sets overlap,
resulting in multiple violations. For each set of observations,
calculate the appropriate average opacity.
3. Qualification and Testing
3.1 Certification Requirements. To receive certification as a
qualified observer, a candidate must be tested and demonstrate the
ability to assign opacity readings in 5 percent increments to 25
different black plumes and 25 different white plumes, with an error not
to exceed 15 percent opacity on any one reading and an average error not
to exceed 7.5 percent opacity in each category. Candidates shall be
tested according to the procedures described in paragraph 3.2. Any smoke
generator used pursuant to paragraph 3.2 shall be equipped with a smoke
meter which meets the requirements of paragraph 3.3. Certification tests
that do not meet the requirements of paragraphs 3.2 and 3.3 are not
valid.
The certification shall be valid for a period of 6 months, and after
each 6-month period, the qualification procedures must be repeated by an
observer in order to retain certification.
3.2 Certification Procedure. The certification test consists of
showing the candidate a complete run of 50 plumes, 25 black plumes and
25 white plumes, generated by a smoke generator. Plumes shall be
presented in random order within each set of 25 black and 25 white
plumes. The candidate assigns an opacity value to each plume and records
the observation on a suitable form. At the completion of each run of 50
readings, the score of the candidate is determined. If a candidate fails
to qualify, the complete run of 50 readings must be repeated in any
retest. The smoke test may be administered as part of a smoke school or
training program, and may be preceded by training or familiarization
runs of the smoke generator during which candidates are shown black and
white plumes of known opacity.
3.3 Smoke Generator Specifications. Any smoke generator used for the
purpose of paragraph 3.2 shall be equipped with a smoke meter installed
to measure opacity across the diameter of the smoke generator stack. The
smoke meter output shall display in-stack opacity, based upon a path
length equal to the stack exit diameter on a full 0 to 100 percent chart
recorder scale. The smoke meter optical design and performance shall
meet the specifications shown in Table A. The smoke meter shall be
calibrated as prescribed in paragraph 3.3.1 prior to conducting each
smoke reading test. At the completion of each test, the zero and span
drift, shall be checked, and if the drift exceeds 1 percent opacity, the condition shall be corrected
prior to conducting any subsequent test runs. The smoke meter shall be
demonstrated at the time of installation to meet the specifications
listed in Table A. This demonstration shall be repeated following any
subsequent repair or replacement of the photocell or associated
electronic circuitry including the chart recorder or output meter, or
every 6 months, whichever occurs first.
3.3.1 Calibration. The smoke meter is calibrated after allowing a
minimum of 30 minutes warm-up by alternately producing simulated opacity
of 0 percent and 100 percent. When stable response at 0 percent or 100
percent is noted, the smoke meter is adjusted to produce an output of 0
percent or 100 percent, as appropriate. This calibration shall be
repeated until stable 0 percent and 100 percent readings are produced
without adjustment. Simulated 0 percent and 100 percent opacity values
may be produced by alternately switching the power to the light source
on and off while the smoke generator is not producing smoke.
3.3.2 Smoke Meter Evaluation. The smoke meter design and performance
are to be evaluated as follows:
3.3.2.1 Light Source. Verify from manufacturer's data and from
voltage measurements made at the lamp, as installed, that the lamp is
operated within 5 percent of the nominal rated
voltage.
3.3.2.2 Spectral Response of Photocell. Verify from manufacturer's
data that the photocell has a photopic response; i.e., the spectral
sensitivity of the cell shall closely approximate the standard spectral-
luminosity curve for photopic vision which is referenced in (b) of Table
A.
3.3.2.3 Angle of View. Check construction geometry to ensure that
the total angle of view of the smoke plume, as seen by the photocell,
does not exceed 15 degrees. Calculate the total angle of view as
follows:
[phis]v = 2 tan-1 d/2L
Where:
[phis]v = total angle of view;
d = the photocell diameter + the diameter of the limiting aperture; and
L = distance from the photocell to the limiting aperture.
The limiting aperture is the point in the path between the photocell
and the smoke plume where the angle of view is most restricted. In smoke
generator smoke meters, this is normally an orifice plate.
3.3.2.4 Angle of Projection. Check construction geometry to ensure
that the total angle of projection of the lamp on the smoke plume does
not exceed 15 degrees. Calculate the total angle of projection as
follows:
[phis]p = 2 tan-1 d/2L
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Where:
[phis]p = total angle of projection;
d = the sum of the length of the lamp filament + the diameter of the
limiting aperture; and
L = the distance from the lamp to the limiting aperture.
3.3.2.5 Calibration Error. Using neutral-density filters of known
opacity, check the error between the actual response and the theoretical
linear response of the smoke meter. This check is accomplished by first
calibrating the smoke meter according to 3.3.1 and then inserting a
series of three neutral-density filters of nominal opacity of 20, 50,
and 75 percent in the smoke meter path length. Use filters calibrated
within 2 percent. Care should be taken when
inserting the filters to prevent stray light from affecting the meter.
Make a total of five nonconsecutive readings for each filter. The
maximum opacity error on any one reading shall be 3 percent.
3.3.2.6 Zero and Span Drift. Determine the zero and span drift by
calibrating and operating the smoke generator in a normal manner over a
1-hour period. The drift is measured by checking the zero and span at
the end of this period.
3.3.2.7 Response Time. Determine the response time by producing the
series of five simulated 0 percent and 100 percent opacity values and
observing the time required to reach stable response. Opacity values of
0 percent and 100 percent may be simulated by alternately switching the
power to the light source off and on while the smoke generator is not
operating.
4. References
1. U.S. Environmental Protection Agency. Standards of Performance
for New Stationary Sources; appendix A; Method 9 for Visual
Determination of the Opacity of Emissions from Stationary Sources. Final
Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office.
November 12, 1974.
2. Office of Air and Radiation. ``Quality Assurance Guideline for
Visible Emission Training Programs.'' EPA-600/S4-83-011. Quality
Assurance Division. Research Triangle Park, N.C. May 1982.
3. ``Method 9--Visible Determination of the Opacity of Emissions
from Stationary Sources.'' February 1984. Quality Assurance Handbook for
Air Pollution Measurement Systems. Volume III, section 3.1.2. Stationary
Source Specific Methods. EPA-600-4-77-027b. August 1977. Office of
Research and Development Publications, 26 West Clair Street, Cincinnati,
OH.
4. Office of Air Quality Planning and Standards. ``Opacity Error for
Averaging and Nonaveraging Data Reduction and Reporting Techniques.''
Final Report-SR-1-6-85. Emission Measurement Branch, Research Triangle
Park, N.C. June 1985.
5. The U.S. Environmental Protection Agency. Preparation, Adoption,
and Submittal of State Implementation Plans. Methods for Measurement of
PM10 Emissions from Stationary Sources. Final Rule. Federal
Register. Washington, DC. U.S. Government Printing Office. Volumes 55.
No. 74. pps. 14246-14279. April 17, 1990.
(ii) Method 203C--Visual Determination of Opacity of Emissions From
Stationary Sources for Instantaneous Limitation Regulations
Method 203C is virtually identical to EPA's Method 9 (40 CFR Part
60, Appendix A), except for the data-reduction procedures which have
been modified for application to instantaneous limitation regulations.
Additionally, Method 203C provides procedures for fugitive dust
applications which were unavailable when Method 9 was promulgated. The
certification procedures in section 3 are identical to Method 9. These
certification procedures are provided in Method 203A as well, and,
therefore, have not been repeated in this method.
1. Applicability and Principle
1.1 Applicability. This method is applicable for the determination
of the opacity of emissions from sources of visible emissions for
instantaneous limitations. An instantaneous limitation regulation is an
opacity limit which is never to be exceeded.
1.2 Principle. The opacity of emissions from sources of visible
emissions is determined visually by a qualified observer.
2. Procedures
The observer qualified in accordance with section 3 of this method
shall use the following procedures for visually determining the opacity
of emissions.
2.1 Procedures for Emissions From Stationary Sources. Same as 2.1,
Method 203A.
2.1.1 Position. Same as 2.1.1, Method 203A.
2.1.2 Field Records. Same as 2.1.2, Method 203A.
2.1.3 Observations. Make opacity observations at the point of
greatest opacity in that portion of the plume where condensed water
vapor is not present.
Do not look continuously at the plume. Instead, observe the plume
momentarily at the interval specified in the subject regulation. Unless
otherwise specified, a 15-second observation interval is assumed.
2.1.3.1 Attached Steam Plumes. Same as 2.1.3.1, Method 203A.
2.1.3.2 Detached Steam Plumes. Same as 2.1.3.2, Method 203A.
2.2 Procedures for Fugitive Process Dust Emissions.
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2.2.1 Position. Same as section 2.2.1, Method 203A.
2.2.2 Field Records. Same as section 2.2.2, Method 203A.
2.2.3 Observations.
2.2.3.1 Observations for a 15-second Observation Interval
Regulations. Same as section 2.2.3, Method 203A.
2.2.3.2 Observations for a 5-second Observation Interval
Regulations. Same as section 2.2.3, Method 203A, except, observe the
plume momentarily at 5-second intervals.
2.3 Recording Observations. Record opacity observations to the
nearest 5 percent at the prescribed interval on an observational record
sheet. Each momentary observation recorded represents the average of
emissions for the prescribed period. If a 5-second observation period is
not specified in the applicable regulation, a 15-second interval is
assumed. The overall time for which recordings are made shall be of a
length appropriate to the regulation for which opacity is being
measured.
2.3.1 Recording Observations for 15-second Observation Interval
Regulations. Record opacity observations to the nearest 5 percent at 15-
second intervals on an observational record sheet. Each momentary
observation recorded represents the average of emissions for a 15-second
period.
2.3.2 Recording Observations for 5-second Observation Interval
Regulations. Record opacity observations to the nearest 5 percent at 5-
second intervals on an observational record sheet. Each momentary
observation recorded represents the average of emissions for 5-second
period.
2.4 Data Reduction for Instantaneous Limitation Regulations. For an
instantaneous limitation regulation, a 1-minute averaging time will be
used. Divide the observations recorded on the record sheet into sets of
consecutive observations. A set is composed of the consecutive
observations made in 1 minute. Sets need not be consecutive in time, and
in no case shall two sets overlap. Reduce opacity observations by
dividing the sum of all observations recorded in a set by the number of
observations recorded in each set.
2.4.1 Data Reduction for 15-second Observation Intervals. Reduce
opacity observations by averaging four consecutive observations recorded
at 15-second intervals. Divide the observations recorded on the record
sheet into sets of four consecutive observations. For each set of four
observations, calculate the average by summing the opacity of the four
observations and dividing this sum by four.
2.4.2 Data Reduction for 5-second Observation Intervals. Reduce
opacity observations by averaging 12 consecutive observations recorded
at 5-second intervals. Divide the observations recorded on the record
sheet into sets of 12 consecutive observations. For each set of 12
observations, calculate the average by summing the opacity of the 12
observations and dividing this sum by 12.
3. Qualification and Test
Same as section 3, Method 203A.
TABLE A--Smoke Meter Design and Performance Specifications
------------------------------------------------------------------------
Parameter Specification
------------------------------------------------------------------------
a. Light Source........................ Incandescent lamp operated at
nominal rated voltage.
b. Spectral response of photocell...... Photopic (daylight spectral
response of the human eye--
Reference 4.1 of section 4.)
c. Angle of view....................... 15 degrees maximum total angle
d. Angle of projection................. 15 degrees maximum total angle.
e. Calibration error................... 3 percent
opacity, maximum.
f. Zero and span drift................. 1 percent
opacity, 30 minutes.
g. Response time....................... <=5 seconds.
------------------------------------------------------------------------
B. Silt Content
Conduct the following test method to determine the silt loading and
silt content of unpaved road and unpaved parking lot surfaces.
(i) Collect a sample of loose surface material from an area 30 cm by
30 cm (1 foot by 1 foot) in size to a depth of approximately 1 cm or
until a hard subsurface is reached, whichever occurs first. Use a brush
and dustpan or other similar device. Collect the sample from a
routinely-traveled portion of the surface which receives a preponderance
of vehicle traffic, i.e. as commonly evidenced by tire tracks. Conduct
sweeping slowly so that fine surface material is not released into the
air. Only collect samples from surfaces that are not wet or damp due to
precipitation or dew.
(ii) Obtain a shallow, lightweight container and a scale with
readings in half ounce increments or less. Place the scale on a level
surface and zero it with the weight of the empty container. Transfer the
entire sample collected to the container, minimizing escape of particles
into the air. Weigh the sample and record its weight.
(iii) Obtain and stack a set of sieves with the following openings:
4 mm, 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order
according to size openings beginning with the largest size opening at
the top. Place a collector pan underneath the bottom (0.25 mm) sieve.
Pour the entire sample into the top sieve, minimizing escape of
particles into the air by positioning the sieve/collector pan unit in an
enclosed or wind barricaded area. Cover the sieve/collector pan unit
with a lid. Shake the covered sieve/collector pan unit vigorously for a
period of at least one (1) minute in both the horizontal and vertical
planes. Remove the lid from the sieve/collector pan unit and disassemble
each
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sieve separately beginning with the largest sieve. As each sieve is
removed, examine it for a complete separation of material in order to
ensure that all material has been sifted to the finest sieve through
which it can pass. If not, reassemble and cover the sieve/collector pan
unit and shake it for period of at least one (1) minute. After
disassembling the sieve/collector pan unit, transfer the material which
is captured in the collector pan into the lightweight container
originally used to collect and weigh the sample. Minimize escape of
particles into the air when transferring the material into the
container. Weigh the container with the material from the collector pan
and record its weight. Multiply the resulting weight by 0.38 if the
source is an unpaved road or by 0.55 if the source is an unpaved parking
lot to estimate silt loading. Divide by the total sample weight and
multiply by 100 to arrive at the percent silt content.
(iv) As an alternative to conducting the procedure described above
in section I.B.(ii) and section I.B.(iii) of this appendix, the sample
(collected according to section I.B.(i) of this appendix) may be taken
to an independent testing laboratory or engineering facility for silt
loading (e.g. net weight <200 mesh) and silt content analysis according
to the following test method from ``Procedures For Laboratory Analysis
Of Surface/Bulk Dust Loading Samples'', (Fifth Edition, Volume I,
Appendix C.2.3 ``Silt Analysis'', 1995), AP-42, Office of Air Quality
Planning & Standards, U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina.
1. Objective--Several open dust emission factors have been found to
be correlated with the silt content(<200 mesh) of the material being
disturbed. The basic procedure for silt content determination is
mechanical, dry sieving. For sources other than paved roads, the same
sample which was oven-dried to determine moisture content is then
mechanically sieved.
2.1 Procedure--Select the appropriate 20-cm (8-in.) diameter, 5-cm
(2-in.) deep sieve sizes.
Recommended U. S. Standard Series sizes are \3/8\ in., No. 4, No.
40, No. 100, No. 140, No. 200, and a pan. Comparable Tyler Series sizes
can also be used. The No. 20 and the No. 200 are mandatory. The others
can be varied if the recommended sieves are not available, or if buildup
on 1 particulate sieve during sieving indicates that an intermediate
sieve should be inserted.
2.2 Obtain a mechanical sieving device, such as a vibratory shaker
or a Roto-Tap [delta] \1\ without the tapping function.
---------------------------------------------------------------------------
\1\ CFR part 60, App. A, Meth. 5, 2.1.2, footnote 2.
---------------------------------------------------------------------------
2.3 Clean the sieves with compressed air and/or a soft brush. Any
material lodged in the sieve openings or adhering to the sides of the
sieve should be removed, without handling the screen roughly, if
possible.
2.4 Obtain a scale (capacity of at least 1600 grams [g] or 3.5 lb)
and record make, capacity, smallest division, date of last calibration,
and accuracy. (See Figure A)
2.5 Weigh the sieves and pan to determine tare weights. Check the
zero before every weighing. Record the weights.
2.6 After nesting the sieves in decreasing order of size, and with
pan at the bottom, dump dried laboratory sample (preferably immediately
after moisture analysis) into the top sieve. The sample should weigh
between [cent] 400 and 1600 g ([cent] 0.9 and 3.5 lb). This amount will
vary for finely textured materials, and 100 to 300 g may be sufficient
when 90% of the sample passes a No. 8 (2.36 mm) sieve. Brush any fine
material adhering to the sides of the container into the top sieve and
cover the top sieve with a special lid normally purchased with the pan.
2.7 Place nested sieves into the mechanical sieving device and sieve
for 10 minutes (min). Remove pan containing minus No. 200 and weigh.
Repeat the sieving at 10-min intervals until the difference between 2
successive pan sample weighings (with the pan tare weight subtracted) is
less than 3.0%. Do not sieve longer than 40 min.
2.8 Weigh each sieve and its contents and record the weight. Check
the zero before every weighing.
2.9 Collect the laboratory sample. Place the sample in a separate
container if further analysis is expected.
2.10 Calculate the percent of mass less than the 200 mesh screen (75
micrometers [[micro]m]). This is the silt content.
Figure A. Example silt analysis form.
Silt Analysis
Dated: _____
By: ____________
Sample No: ____ Sample Weight (after drying)
Material: ____
Pan + Sample: ______
Pan: ______
Split Sample Balance: ______
Dry Sample: _______
Make ______ Capacity: ______
Smallest Division ____
Final Weight ______
% Silt = [Net Weight <200 Mesh] / [Total Net Weight x 100] =__%
Sieving
------------------------------------------------------------------------
Time: Start: Weight (Pan Only)
------------------------------------------------------------------------
Initial (Tare):
10 min:
20 min:
[[Page 277]]
30 min:
40 min:
------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Final weight (screen
Screen Tare weight (screen) + sample) Net weight (sample) %
----------------------------------------------------------------------------------------------------------------
\3/8\ in..........................
4 mesh............................
10 mesh...........................
20 mesh...........................
40 mesh...........................
100 mesh..........................
140 mesh..........................
200 mesh..........................
Pan...............................
----------------------------------------------------------------------------------------------------------------
(v) The silt loading and percent silt content for any given unpaved
road surface or unpaved parking lot surface shall be based on the
average of at least three (3) samples that are representative of
routinely-traveled portions of the road or parking lot surface. In order
to simplify the sieve test procedures in section I.B.(ii) and section
I.B.(iii) of this appendix, the three samples may be combined as long as
all material is sifted to the finest sieve through which it can pass,
each sample weighs within 1 ounce of the other two samples, and the
combined weight of the samples and unit area from which they were
collected is calculated and recorded accurately.
II. Vacant Lots
The following test methods shall be used for determining whether a
vacant lot, or portion thereof, has a stabilized surface.
Should a disturbed vacant lot contain more than one type of
disturbance, soil, vegetation or other characteristics which are visibly
distinguishable, test each representative surface for stability
separately in random areas according to the test methods in section II.
of this appendix and include or eliminate it from the total size
assessment of disturbed surface area(s) depending upon test method
results. A vacant lot surface shall be considered stabilized if any of
the test methods in section II. of this appendix indicate that the
surface is stabilized such that the conditions defined in paragraph
(b)(16)(ii) of this section are met:
1. Visible Crust Determination
(i) Where a visible crust exists, drop a steel ball with a diameter
of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17
grams from a distance of 30 centimeters (one foot) directly above (at a
90 degree angle perpendicular to) the soil surface. If blowsand is
present, clear the blowsand from the surfaces on which the visible crust
test method is conducted. Blowsand is defined as thin deposits of loose
uncombined grains covering less than 50 percent of a vacant lot which
have not originated from the representative vacant lot surface being
tested. If material covers a visible crust which is not blowsand, apply
the test method in section II.2 of this appendix to the loose material
to determine whether the surface is stabilized.
(ii) A sufficient crust is defined under the following conditions:
once a ball has been dropped according to section II.1.(i) of this
appendix, the ball does not sink into the surface so that it is
partially or fully surrounded by loose grains and, upon removing the
ball, the surface upon which it fell has not been pulverized so that
loose grains are visible.
(iii) Conduct three tests, dropping the ball once per test, within a
survey area the size of one foot by one foot. The survey area shall be
considered sufficiently crusted if at least two out of three tests meet
the definition in section II.1.(ii) of this appendix. Select at least
two other survey areas that represent the disturbed surface area and
repeat this procedure. Whether a sufficient crust covers the disturbed
surface area shall be based on a determination that all of the survey
areas tested are sufficiently crusted.
(iv) At any given site, the existence of a sufficient crust covering
one portion of a disturbed surface may not represent the existence or
protectiveness of a crust on another disturbed surface(s). Repeat the
visible crust test as often as necessary on each representative
disturbed surface area for an accurate assessment of all disturbed
surfaces at a given site.
2. Determination of Threshold Friction Velocity (TFV)
For disturbed surface areas that are not crusted or vegetated,
determine threshold friction velocity (TFV) according to the following
sieving field procedure (based on a
[[Page 278]]
1952 laboratory procedure published by W. S. Chepil).
(i) Obtain and stack a set of sieves with the following openings: 4
millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in
order according to size openings beginning with the largest size opening
at the top. Place a collector pan underneath the bottom (0.25 mm) sieve.
Collect a sample of loose surface material from an area at least 30 cm
by 30 cm in size to a depth of approximately 1 cm using a brush and
dustpan or other similar device. Only collect soil samples from dry
surfaces (i.e. when the surface is not damp to the touch). Remove any
rocks larger than 1 cm in diameter from the sample. Pour the sample into
the top sieve (4 mm opening) and cover the sieve/collector pan unit with
a lid. Minimize escape of particles into the air when transferring
surface soil into the sieve/collector pan unit. Move the covered sieve/
collector pan unit by hand using a broad, circular arm motion in the
horizontal plane. Complete twenty circular arm movements, ten clockwise
and ten counterclockwise, at a speed just necessary to achieve some
relative horizontal motion between the sieves and the particles. Remove
the lid from the sieve/collector pan unit and disassemble each sieve
separately beginning with the largest sieve. As each sieve is removed,
examine it for loose particles. If loose particles have not been sifted
to the finest sieve through which they can pass, reassemble and cover
the sieve/collector pan unit and gently rotate it an additional ten
times. After disassembling the sieve/collector pan unit, slightly tilt
and gently tap each sieve and the collector pan so that material aligns
along one side. In doing so, minimize escape of particles into the air.
Line up the sieves and collector pan in a row and visibly inspect the
relative quantities of catch in order to determine which sieve (or
whether the collector pan) contains the greatest volume of material. If
a visual determination of relative volumes of catch among sieves is
difficult, use a graduated cylinder to measure the volume. Estimate TFV
for the sieve catch with the greatest volume using Table 1, which
provides a correlation between sieve opening size and TFV.
Table 1 (Metric Units)--Determination of Threshold Friction Velocity
(TFV)
------------------------------------------------------------------------
Opening TFV (cm/
Tyler Sieve No. (mm) s)
------------------------------------------------------------------------
5.................................................. 4 =10%............................ 5
=5% and <10%.................... 3
<5% and =1%..................... 2
<1%........................................ None.
------------------------------------------------------------------------
3. Determination of Flat Vegetation Cover
Flat vegetation includes attached (rooted) vegetation or unattached
vegetative debris lying on the surface with a predominant horizontal
orientation that is not subject to movement by wind. Flat vegetation
which is dead but firmly attached shall be considered equally protective
as live vegetation. Stones
[[Page 279]]
or other aggregate larger than one centimeter in diameter shall be
considered protective cover in the course of conducting the line
transect method. Where flat vegetation exists, conduct the following
line transect method.
(i) Stretch a one-hundred (100) foot measuring tape across a
disturbed surface area. Firmly anchor both ends of the measuring tape
into the surface using a tool such as a screwdriver with the tape
stretched taut and close to the soil surface. If vegetation exists in
regular rows, place the tape diagonally (at approximately a 45 degree
angle) away from a parallel or perpendicular position to the vegetated
rows. Pinpoint an area the size of a \3/32\ inch diameter brazing rod or
wooden dowel centered above each one-foot interval mark along one edge
of the tape. Count the number of times that flat vegetation lies
directly underneath the pinpointed area at one-foot intervals.
Consistently observe the underlying surface from a 90 degree angle
directly above each pinpoint on one side of the tape. Do not count the
underlying surface as vegetated if any portion of the pinpoint extends
beyond the edge of the vegetation underneath in any direction. If clumps
of vegetation or vegetative debris lie underneath the pinpointed area,
count the surface as vegetated unless bare soil is visible directly
below the pinpointed area. When 100 observations have been made, add
together the number of times a surface was counted as vegetated. This
total represents the percent of flat vegetation cover (e.g. if 35
positive counts were made, then vegetation cover is 35 percent). If the
disturbed surface area is too small for 100 observations, make as many
observations as possible. Then multiply the count of vegetated surface
areas by the appropriate conversion factor to obtain percent cover. For
example, if vegetation was counted 20 times within a total of 50
observations, divide 20 by 50 and multiply by 100 to obtain a flat
vegetation cover of 40 percent.
(ii) Conduct the above line transect test method an additional two
(2) times on areas representative of the disturbed surface and average
results.
4. Determination of Standing Vegetation Cover
Standing vegetation includes vegetation that is attached (rooted)
with a predominant vertical orientation. Standing vegetation which is
dead but firmly rooted shall be considered equally protective as live
vegetation. Conduct the following standing vegetation test method to
determine if 30 percent cover or more exists. If the resulting percent
cover is less than 30 percent but equal to or greater than 10 percent,
then conduct the Threshold Friction Velocity test in section II.2 of
this appendix in order to determine whether the disturbed surface area
is stabilized according to paragraph (b)(16)(ii)(E) of this section.
(i) For standing vegetation that consists of large, separate
vegetative structures (for example, shrubs and sagebrush), select a
survey area representing the disturbed surface that is the shape of a
square with sides equal to at least ten (10) times the average height of
the vegetative structures. For smaller standing vegetation, select a
survey area of three (3) feet by 3 feet.
(ii) Count the number of standing vegetative structures within the
survey area. Count vegetation which grows in clumps as a single unit.
Where different types of vegetation exists and/or vegetation of
different height and width exists, separate the vegetative structures
with similar dimensions into groups. Count the number of vegetative
structures in each group within the survey area. Select an individual
structure within each group that represents the average height and width
of the vegetation in the group. If the structure is dense (i.e. when
looking at it vertically from base to top there is little or zero open
air space within its perimeter), calculate and record its frontal
silhouette area according to Equation 6 of this appendix. Also use
Equation 6 if the survey area is larger than nine square feet,
estimating the average height and width of the vegetation. Otherwise,
use the procedure in section II.4.(iii) of this appendix to calculate
the Frontal Silhouette Area. Then calculate the percent cover of
standing vegetation according to Equations 7, 8 and 9 of this appendix.
(Ensure consistent units of measurement, e.g. square feet or square
inches when calculating percent cover.)
(iii) Vegetative Density Factor. Cut a single, representative piece
of vegetation (or consolidated vegetative structure) to within 1 cm of
surface soil. Using a white paper grid or transparent grid over white
paper, lay the vegetation flat on top of the grid (but do not apply
pressure to flatten the structure). Grid boxes of one inch or one half
inch squares are sufficient for most vegetation when conducting this
procedure. Using a marker or pencil, outline the shape of the vegetation
along its outer perimeter according to Figure B, C or D of this
appendix, as appropriate. (Note: Figure C differs from Figure D
primarily in that the width of vegetation in Figure C is narrow at its
base and gradually broadens to its tallest height. In Figure D, the
width of the vegetation generally becomes narrower from its midpoint to
its tallest height.) Remove the vegetation and count and record the
total number of gridline intersections within the outlined area, but do
not count gridline intersections that connect with the outlined shape.
There must be at least 10 gridline intersections within the outlined
area and preferably more than 20, otherwise, use smaller grid boxes.
Draw small circles (no greater than a \3/32\ inch diameter) at each
gridline intersection counted within the outlined area. Replace
[[Page 280]]
the vegetation on the grid within its outlined shape. From a distance of
approximately two feet directly above the grid, observe each circled
gridline intersection. Count and record the number of circled gridline
intersections that are not covered by any piece of the vegetation. To
calculate percent vegetative density, use Equations 10 and 11 of this
appendix. If percent vegetative density is equal to or greater than 30,
use the equation (Eq. 14, 15 or 16) that matches the outline used to
trace the vegetation (Figure B, C or D) to calculate its Frontal
Silhouette Area. If percent vegetative density is less than 30, use
Equations 12 and 13 of this appendix to calculate the Frontal Silhouette
Area.
(iv) Within a disturbed surface area that contains multiple types of
vegetation with each vegetation type uniformly distributed, results of
the percent cover associated with the individual vegetation types may be
added together.
(v) Repeat this procedure on an additional two (2) distinct survey
areas representing the disturbed surface and average the results.
Height x Width = Frontal Silhouette Area Eq. 6
(Frontal Silhouette Area of Individual Vegetative Structure) x Number of
Vegetation Structures Per Group = Group Frontal Silhouette Area of Group
Eq. 7
Frontal Silhouette Area of Group 1 + Frontal Silhouette Area of Group 2
(etc.) = Total Frontal Silhouette Area Eq. 8
(Total Frontal Silhouette Area/Survey Area) x 100 = Percent Cover of
Standing Vegetation Eq. 9
[(Number of circled gridlines within the outlined area counted that are
not covered by vegetation / Total number of gridline intersections
within the outlined area) x 100] = Percent Open Space Eq. 10
100 = Percent Open Space = Percent Vegetative Density Eq. 11
Percent Vegetative Density/100 = Vegetative Density Eq. 12
[GRAPHIC] [TIFF OMITTED] TR21DE99.000
[[Page 281]]
[GRAPHIC] [TIFF OMITTED] TR21DE99.001
Alternative Test Methods
Alternative test methods may be used upon obtaining the written
approval of the EPA.
[64 FR 71308, Dec. 21, 1999]
Sec. 52.129 Review of new sources and modifications.
(a) [Reserved]
(b) National standards not met. The requirements of Sec. 51.160(a)
of this chapter are not met in the Pima Intrastate Region since the
Rules and Regulations of the Pima County Air Pollution Control
[[Page 282]]
District are not adequate to prevent construction or modification of a
source which would interfere with the attainment or maintenance of the
national standards.
(c) Regulation for review of new sources and modifications. (1) The
requirements of this paragraph are applicable to any stationary source
in the Pima Intrastate Region (Sec. 81.269 of this chapter), the
construction or modification of which is commenced after the effective
date of this regulation.
(2) No owner or operator shall commence construction or modification
of any new source after the effective date of this regulation without
first obtaining approval from the Administrator of the location of such
source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
stack data, and the nature and amount of emissions. Such information
shall be sufficient to enable the Administrator to make any
determination pursuant to paragraph (c)(3) of this section.
(v) Any additional information, plans, specifications, evidence or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that the source
will not prevent or interfere with attainment or maintenance of any
national standard.
(4)(i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (c)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and
[[Page 283]]
shall set forth his reasons for conditional approval or denial. Such
notification shall be made available for public inspection in at least
one location in the region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (c)(4) (ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(6) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with any local, State or
Federal regulation which is part of the applicable plan.
(7) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Airconditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain
H2 S per 100 stdft\3\ (45.8 g/100 stdm\3\); has a heat input
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil;
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and
burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analysis.
(vi) Other sources of minor significance specified by the
Administrator.
(8) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(d) Regulation for review of new sources and modifications: Federal
Regulations. (1) This requirement is applicable to any stationary source
subject to the requirements of Sec. 52.126(b), the construction or
modification of which is commenced after the effective date of this
regulation.
(2) No owner or operator shall commence construction or modification
of any stationary source after the effective date of this regulation,
without first obtaining approval from the Administrator of the location
and design of such source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
plans, descriptions, specifications, and drawings showing the design of
the source, the nature and amount of emissions, and the manner in which
it will be operated and controlled.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that the source
will operate without causing a violation of Sec. 52.126(b).
(4)(i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (d)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
[[Page 284]]
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for conditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (d)(4)(ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may impose any reasonable conditions upon an
approval including conditions requiring the source to be provided with:
(i) Sampling ports of a size, number, and location as the
Administrator may require,
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data, and
(iv) Any other sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this
regulation shall furnish the Administrator written notification as
follows:
(i) A notification of the anticipated date of initial startup of
source not more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of initial startup of a
source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate at
which the source will be operated but not later than 180 days after
initial startup of such source, the owner or operator of such source
shall conduct a performance test(s) in accordance with the methods and
under operating conditions approved by the Administrator and furnish the
Administrator a written report of the results of such performance test.
(i) Such test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test and also may conduct
performance tests.
(iii) The owner or operator of a source shall provide the
Administrator 15 days prior notice of the performance test to afford the
Administrator the
[[Page 285]]
opportunity to have an observer present.
(iv) The Administrator may waive the requirement for performance
tests if the owner or operator of a source has demonstrated by other
means to the Administrator's satisfaction that the source is being
operated in compliance with the requirements of Sec. 52.126(b).
(9) Approval to construct or modify shall not relieve the owner or
operator of the responsibility to comply with all local, State, or
Federal regulations which are part of the applicable plan.
(10) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain
H2 S per 100 stdft\3\ (45.8 g/100 stdm\3\); has a heat input
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil;
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and
burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analyses.
(vi) Other sources of minor significance specified by the
Administrator.
(11) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(e) Delegation of authority. (1) The Administrator shall have the
authority to delegate responsibility for implementing the procedures for
conducting source review pursuant to this section in accordance with
paragraphs (g) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for
implementing the procedures for conducting source review pursuant to
this section to any Agency, other than a Regional Office of the
Environmental Protection Agency, a copy of the notice pursuant to
paragraphs (c)(4)(iii) and (d)(4)(iii) of this section shall be sent to
the Administrator through the appropriate Regional Office.
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source review
pursuant to this section shall not be delegated, other than to a
Regional Office of the Environmental Protection Agency, for new or
modified sources which are owned or operated by the Federal government
or for new or modified sources located on Federal lands; except that,
with respect to the latter category, where new or modified sources are
constructed or operated on Federal lands pursuant to leasing or other
Federal agreements, the Federal Land Manager may at his discretion, to
the extent permissible under applicable statutes and regulations,
require the lessee or permittee to be subject to new source review
requirements which have been delegated to a state or local agency
pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures
for conducting source review pursuant to this section shall not be
redelegated, other than to a Regional Office of the Environmental
Protection Agency, for new or modified sources which are located in
Indian reservations except where the State has assumed jurisdiction over
such land under other laws, in which case the Administrator may delegate
his authority to the States in accordance with paragraphs (g)(2), (3),
and (4) of this section.
[37 FR 15081, July 27, 1972, as amended at 38 FR 12705, May 14, 1973; 39
FR 7279, Feb. 25, 1974; 39 FR 28285, Aug. 8, 1974; 40 FR 50268, Oct. 29,
1975; 45 FR 67346, Oct. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR
33922, June 29, 1995]
[[Page 286]]
Sec. 52.130 Source surveillance.
(a) The requirements of Sec. 51.211 of this chapter are not met
since the plan does not contain legally enforceable procedures for
requiring sources in the Northern Arizona, Mohave-Yuma, Central Arizona,
and Southeast Arizona Intrastate Regions to maintain records of and
periodically report on the nature and amounts of emissions.
(b) The requirements of Sec. 51.213 of this chapter are not met
because the plan does not provide procedures for obtaining and
maintaining data on actual emission reductions achieved as a result of
implementing transportation control measures.
(c) Regulation for source recordkeeping and reporting. (1) The owner
or operator of any stationary source in the Northern Arizona, Mohave-
Yuma, Central Arizona, or Southeast Arizona Intrastate Region
(Sec. Sec. 81.270, 81.268, 81.271, and 81.272 of this chapter) shall,
upon notification from the Administrator, maintain records of the nature
and amounts of emissions from such source or any other information as
may be deemed necessary by the Administrator to determine whether such
source is in compliance with applicable emission limitations or other
control measures.
(2) The information recorded shall be summarized and reported to the
Administrator, and shall be submitted within 45 days after the end of
the reporting period. Reporting periods are January 1 to June 30 and
July 1 to December 31, except that the initial reporting period shall
commence on the date the Administrator issues notification of the
recordkeeping requirements.
(3) Information recorded by the owner or operator and copies of the
summarizing reports submitted to the Administrator shall be retained by
the owner or operator for 2 years after the date on which the pertinent
report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures. All such emission data will be available during
normal business hours at the regional office (region IX). The
Administrator will designate one or more places in Arizona where such
emission data and correlations will be available for public inspection.
(d) The requirements of Sec. 51.214 of this chapter are not met
since the plan does not contain legally enforceable procedures for
requiring certain stationary sources subject to emission standards to
install, calibrate, operate, and maintain equipment for continuously
monitoring and recording emissions, and to provide other information as
specified in Appendix P of part 51 of this chapter.
(e) The requirements of Sec. 51.214 of this chapter are not met
since the plan does not provide sufficient regulations to meet the
minimum specifications of Appendix P in the Maricopa Intrastate Region.
Additionally, Maricopa County Air Pollution Control Regulation IV, rule
41, paragraph B, sections 6.0-6.4 (Special Consideration) is disapproved
since it does not contain the specific criteria for determining those
physical limitations or extreme economic situations where alternative
monitoring requirements would be applicable.
[37 FR 15081, July 27, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.130, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.131 Control Strategy and regulations: Fine Particle Matter.
(a) Determination of Attainment: Effective February 6, 2013, EPA has
determined that, based on 2009 to 2011 ambient air quality data, the
Nogales PM2.5 nonattainment area has attained the 2006 24-
hour PM2.5 NAAQS. This determination suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment for as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 PM2.5
NAAQS, the corresponding determination of attainment for that area shall
be withdrawn.
[[Page 287]]
(b) Determination of Attainment: Effective October 4, 2013, EPA has
determined that, based on 2010 to 2012 ambient air quality data, the
West Central Pinal PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS. This determination suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment for as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 PM2.5
NAAQS, the corresponding determination of attainment for that area shall
be withdrawn.
(c) Determination of attainment. Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015 ambient air quality data, the
Nogales, AZ PM2.5 nonattainment area has attained the 2006
24-hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015. Therefore, the EPA has met the requirement pursuant
to CAA section 188(b)(2) to determine whether the area attained the
standard. The EPA also has determined that the Nogales, AZ nonattainment
area will not be reclassified for failure to attain by its applicable
attainment date under section 188(b)(2).
[78 FR 889, Jan. 7, 2013, as amended at 78 FR 54396, Sept. 4, 2013; 82
FR 21715, May 10, 2017]
Sec. 52.132 [Reserved]
Sec. 52.133 Rules and regulations.
(a) Regulation 7-1-1.4(A) (Exceptions) of the Arizona Rules and
Regulations for Air Pollution Control, regulations 12-3-2 (Emission
Standards) of the Coconino County Rules and Regulations for Air
Pollution Control, section 3, regulation 5 (Exceptions) of the Mohave
County Air Pollution Control Regulations, regulation 8-1-1.6
(Exceptions) of the Yuma County Air Pollution Control Regulations, and
regulation 7-1-2.8 (Exceptions) of the Rules and Regulations for Pinal-
Gila Counties Air Quality Control District all provide for an exemption
from enforcement action if the violation is attributable to certain
events. These events are too broad in scope and the source can obtain
the exemption merely by reporting the occurrence. Therefore, the above
regulations are disapproved since these regulations make all approved
emission limiting regulations potentially unenforceable.
(b) Paragraph E of regulation 7-1-1.3 (R9-3-103) (Air Pollution
Prohibited) prohibits any person from causing ground level
concentrations to exceed ambient standards outside the boundaries of
this operation. This regulation could allow violations of ambient air
quality standards to occur in areas to which the public has access,
contrary to the requirements of section 110(a)(1) of the Clean Air Act.
Therefore, paragraph E of regulation 7-1-1.3 (R9-3-103) of the Arizona
Rules and Regulations for Air Pollution Control is disapproved.
(c) The requirements of subpart G and Sec. 51.281 of this chapter
are not met since the plan does not provide any enforceable regulations
and a demonstration that such regulations will cause the attainment and
maintenance of national ambient air quality standards in Graham and
Greenlee Counties.
(d) Section 3, regulation 4 (Ground Level Concentrations) of the
Mohave County Air Pollution Control Regulations, paragraph E of
regulation 8-1-1.3 (Air Pollution Prohibited) of the Yuma County Air
Pollution Control Regulations, and paragraph C of regulation 7-1-1.3
(Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila
Counties Air Quality Control District prohibits any person from causing
ground level concentrations to exceed ambient standards outside the
boundaries of his operation. These regulations could allow violations of
ambient air quality standards to occur in areas to which the general
public has access, contrary to the requirements of section 110(a)(1) of
the Clean Air Act. Therefore, these regulations are disapproved.
(e) Rule R18-2-702 of the Arizona Department of Environmental
Quality Rules and Regulations sets an opacity standard for emissions
from stationary sources of PM-10. The standard does not fulfill the
RACM/RACT requirements of section 189(a) of the CAA. The rule also does
not comply with enforceability requirements of section 110(a)
[[Page 288]]
and SIP relaxation requirements of sections 110(l) and 193. Therefore,
Rule R18-2-702 submitted on July 15, 1998 is disapproved.
(f) Rules 1-3-130 and 3-1-020 submitted on November 27, 1995 of the
Pinal County Air Quality Control District regulations have limited
enforceability because they reference rules not contained in the Arizona
State Implementation Plan. Therefore, these rules are removed from the
Arizona State Implementation Plan.
(g) Rules 1-2-110, 1-3-130, 3-1-020, and 4-1-010 submitted on
October 7, 1998 of the Pinal County Air Quality Control District
regulations have limited enforceability because they reference rules not
contained in the Arizona State Implementation Plan. Therefore, these
rules are disapproved.
[37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978;
43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986; 67 FR
59460, Sept. 23, 2002; 67 FR 68767, Nov. 13, 2002]
Sec. 52.134 Compliance schedules.
(a) Federal compliance schedule. (1) Except as provided in paragraph
(a)(2) of this section, the owner or operator of any stationary source
subject to Sec. 52.126(b) shall comply with such regulation on or
before January 31, 1974. The owner or operator of the source subject to
Sec. 52.125(c) shall comply with such regulation at initial start-up of
such source unless a compliance schedule has been submitted pursuant to
paragraph (a)(2) of this section.
(i) Any owner or operator in compliance with Sec. 52.126(b) on the
effective date of this regulation shall certify such compliance to the
Administrator no later than 120 days following the effective date of
this paragraph.
(ii) Any owner or operator who achieves compliance with Sec.
52.125(c) or Sec. 52.126(b) after the effective date of this regulation
shall certify such compliance to the Administrator within 5 days of the
date compliance is achieved.
(2) Any owner or operator of the stationary source subject to Sec.
52.125(c) and paragraph (a)(1) of this section may, no later than July
23, 1973, submit to the Administrator for approval a proposed compliance
schedule that demonstrates compliance with Sec. 52.125(c) as
expeditiously as practicable but not later than July 31, 1977. Any owner
or operator of a stationary source subject to Sec. 52.126(b) and
paragraph (a)(1) of this section may, no later than 120 days following
the effective date of this paragraph, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compliance
with Sec. 52.126(b) as expeditiously as practicable but not later than
July 31, 1975.
(i) The compliance schedule shall provide for periodic increments of
progress toward compliance. The dates for achievement of such increments
shall be specified. Increments of progress shall include, but not be
limited to: Submittal of the final control plan to the Administrator;
letting of necessary contracts for construction or process change, or
issuance of orders for the purchase of component parts to accomplish
emission control equipment or process modification; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
(ii) Any compliance schedule for the stationary source subject to
Sec. 52.125(c) which extends beyond July 31, 1975, shall apply any
reasonable interim measures of control designed to reduce the impact of
such source on public health.
(3) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
[38 FR 12705, May 14, 1973, as amended at 39 FR 10584, Mar. 21, 1974; 39
FR 43277, Dec. 12, 1974; 40 FR 3994, Jan. 27, 1975; 54 FR 25258, June
14, 1989]
Sec. 52.135 Resources.
(a) The requirements of Sec. 51.280 of this chapter are not met
because the transportation control plan does not contain a sufficient
description of resources available to the State and local agencies and
of additional resources needed to carry out the plan during the 5-year
period following submittal.
[38 FR 16564, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]
[[Page 289]]
Sec. 52.136 Control strategy for ozone: Oxides of nitrogen.
EPA is approving an exemption request submitted by the State of
Arizona on April 13, 1994 for the Maricopa County ozone nonattainment
area from the NOX RACT requirements contained in section
182(f) of the Clean Air Act. This approval exempts the Phoenix area from
implementing the NOX requirements for RACT, new source review
(NSR), and the applicable general and transportation conformity and
inspection and maintenance (I/M) requirements of the CAA. The exemption
is based on Urban Airshed Modeling as lasts for only as long as the
area's modeling continues to demonstrate attainment without
NOX reductions from major stationary sources.
[60 FR 19515, Apr. 19, 1995]
Sec. 52.137 [Reserved]
Sec. 52.138 Conformity procedures.
(a) Purpose. The purpose of this regulation is to provide procedures
as part of the Arizona carbon monoxide implementation plans for
metropolitan transportation planning organizations (MPOs) to use when
determining conformity of transportation plans, programs, and projects.
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs
from approving any project, program, or plan which does not conform to
an implementation plan approved or promulgated under section 110.
(b) Definitions.
(1) Applicable implementation plan or applicable plan means the
portion (or portions) of the implementation plan, or most recent
revision thereof, which has been approved under section 110 of the Clean
Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA,
42 U.S.C. 7410(c).
(2) Carbon monoxide national ambient air quality standard (CO NAAQS)
means the standards for carbon monoxide promulgated by the Administrator
under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40
CFR 50.8
(3) Cause means resulting in a violation of the CO NAAQS in an area
which previously did not have ambient CO concentrations above the CO
NAAQS.
(4) Contribute means resulting in measurably higher average 8-hour
ambient CO concentrations over the NAAQS or an increased number of
violations of the NAAQS in an area which currently experiences CO levels
above the standard.
(5) Metropolitan planning organization (MPO) means the organization
designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific
purposes of this regulation, MPO means either the Maricopa Association
of Governments or the Pima Association of Governments.
(6) Nonattainment area means for the specific purpose of this
regulation either the Pima County carbon monoxide nonattainment area as
described in 40 CFR 81.303 or the Maricopa County carbon monoxide
nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban
planning area).
(7) Transportation control measure (TCM) means any measure in an
applicable implementation plan which is intended to reduce emissions
from transportation sources.
(8) Transportation improvement program (TIP) means the staged
multiyear program of transportation improvements including an annual (or
biennial) element which is required in 23 CFR part 450.
(9) Unified planning work program or UPWP means the program required
by 23 CFR 450.108(c) and endorsed by the metropolitan planning
organization which describes urban transportation and transportation-
related planning activities anticipated in the area during the next 1-
to 2-year period including the planning work to be performed with
federal planning assistance and with funds available under the Urban
Mass Transportation Act (49 U.S.C.) section 9 or 9A. UPWPs are also
known as overallwork programs or OWPs.
(c) Applicability. These procedures shall apply only to the Maricopa
Association of Governments in its role as the designated metropolitan
planning organization for Maricopa County, Arizona, and the Pima
Association of Governments in its role as the designated metropolitan
planning organization for Pima County, Arizona.
(d) Procedures--(1) Transportation Plans and Transportation
Improvement
[[Page 290]]
Programs--(i) Documentation. The MPO shall prepare for each
transportation plan and program (except for the unified planning work
program), as part of the plan or program, a report documenting for each
plan and program the following information:
(A) the disaggregated population projections and employment which
were assumed in:
(1) the applicable plan, and
(2) the transportation plan/program;
(B) the levels of vehicle trips, vehicle miles traveled, and
congestion that were:
(1) assumed in the applicable plan, and
(2) expected to result from the implementation of the plan/program
over the period covered by the applicable plan considering any growth
likely to result from the implementation of the plan/program;
(C) for each major transportation control measure in the applicable
implementation plan;
(1) the TCM's implementation schedule and, if determined in the
applicable plan, expected effectiveness in reducing CO emissions,
(2) the TCM's current implementation status and, if feasible, its
current effectiveness in reducing CO emissions, and
(3) actions in the plan/program which may beneficially or adversely
affect the implementation and/or effectiveness of the TCM;
(D) the CO emission levels resulting from the implementation of the
plan/program over the period covered by the applicable plan considering
any growth likely to result from the implementation of the plan/program;
and
(E) the ambient CO concentration levels, micro-scale and regional,
resulting from the implementation of the plan/program over the period
covered by the applicable plan considering any growth likely to result
from the implementation of the plan or program.
(ii) Findings. Prior to approving a transportation plan/program, the
MPO shall determine if the plan/program conforms to the applicable
implementation plan. In making this determination, the MPO shall make
and support each of the following findings for each transportation plan
and program using the information documented in paragraph (d)(1)(i) of
this section:
(A) that implementation of the transportation plan/program will
provide for the implementation of TCMs in the applicable plan on the
schedule set forth in the applicable plan;
(B) that CO emission levels, microscale and regional, resulting from
the implementation of the plan/program will not delay attainment or
achievement of any interim emission reductions needed for attainment
and/or interfere with maintenance of the CONAAQS throughout the
nonattainment area during the period covered by the applicable plan; and
(C) that implementation of the plan/program would not cause or
contribute to a violation of the CO NAAQS anywhere within the
nonattainment area during the period covered by the applicable plan.
(2) Amendments to a Transportation Plan or Transportation
Implementation Program. Prior to approving any amendment to a
transportation plan or program, the MPO shall first determine that the
amendment does not substantially change the information provided under
paragraph (d)(1)(i) of this section and does not change the findings in
paragraph (d)(1)(ii) of this section with respect to the original plan
or program.
(3) Transportation Projects. As part of any individual
transportation project approval made by the MPO, the MPO shall determine
whether the project conforms to the applicable implementation plan using
the following procedure:
(i) For projects from a plan and TIP that has been found to conform
under procedures in paragraph (d)(1) of this section within the last
three years or from a Plan or TIP amendment that has been found to
conform under procedures in paragraph (d)(2) of this section in the past
three years, the MPO shall document as part of the approval document:
(A) the TIP project number;
(B) whether the project is an exempt project as defined in paragraph
(e) of this section; and
(C) whether the design and scope of the project has changed
significantly from the design and scope of the
[[Page 291]]
project as described in the conforming TIP:
(1) If the design and scope of the project has not changed
significantly, the MPO may find the project conforming; or
(2) If the design and scope of the project has changed significantly
or the design and scope of the project could not be determined from the
TIP, the MPO shall use the procedures in paragraph (d)(3)(ii) of this
section to determine if the project conforms to the applicable
implementation plan.
(ii) For projects not exempted under paragraph (e) of this section
and not in a plan or a TIP that has been found to conform under
procedures in paragraph (d)(1) of this section within the last three
years:
(A) Documentation. The MPO shall document as part of the approval
document for each such project:
(1) the disaggregated population and employment projections, to the
extent they are used in
(i) the applicable plan, and
(ii) designing and scoping the project;
(2) the levels of vehicle trips, vehicle miles traveled, and
congestion that are
(i) assumed in the applicable plan, and
(ii) expected to result over the period covered by the applicable
plan from the construction of the project considering any growth likely
to result from the project;
(3) for each transportation control measure in the applicable plan
likely to be affected by the project:
(i) its implementation schedule and expected emission reduction
effectiveness from the applicable plan,
(ii) its current implementation status and, if feasible, its current
effectiveness, and
(iii) any actions as part of the project which may beneficially or
adversely affect the implementation and/or effectiveness of the TCM;
(4) CO emission levels which will result from the project over the
period covered by the applicable plan considering any growth likely to
result from the project; and
(5) ambient CO concentration levels which will result from the
project over the period covered by the applicable plan considering any
growth likely to result from the project.
(B) Findings. Prior to approving any transportation project, the MPO
shall determine if the project conforms to the applicable implementation
plan. In making this determination, the MPO shall make and support the
following findings for each project using the information documented in
paragraph (d)(2)(ii)(A) of this section:
(1) that the project will provide for the implementation of TCMs
affected by the project on the schedule set forth in the applicable
plan;
(2) that CO emission levels, microscale and regional, resulting from
the implementation of the project during the period covered by the
applicable plan will not delay attainment or any required interim
emission reductions and/or interfere with maintenance of the CO NAAQS in
an area substantially affected by the project;
(3) that the project will not cause or contribute to a violation of
the CO NAAQS during the period covered by the applicable plan near the
project; and
(4) that the projected emissions from the project, when considered
together with emissions projected for the conforming plan and program
within the nonattainment area, do not cause the plan and program to
exceed the emission reduction projections and schedules assigned to such
plans and programs in the applicable implementation plan.
(e) Exempt Projects. An individual project is exempt from the
requirements of paragraph (d) of this section if it is:
(1) located completely outside the nonattainment area;
(2) a safety project which is included in the statewide safety
improvement program, will not alter the functional traffic capacity or
capability of the facility being improved, and does not adversely affect
the TCMs in the applicable plan;
(3) a transportation control measure from the approved applicable
plan; or
(4) a mass transit project funded under the Urban Mass
Transportation Act, 49 U.S.C.
[56 FR 5485, Feb. 11, 1991]
[[Page 292]]
Sec. 52.139 [Reserved]
Sec. 52.140 Monitoring transportation trends.
(a) This section is applicable to the State of Arizona.
(b) In order to assure the effectiveness of the inspection and
maintenance program and the retrofit devices required under the Arizona
implementation plan, the State shall monitor the actual per-vehicle
emissions reductions occurring as a result of such measures. All data
obtained from such monitoring shall be included in the quarterly report
submitted to the Administrator by the State in accordance with Sec.
58.35 of this chapter. The first quarterly report shall cover the period
January 1 to March 31, 1976.
(c) In order to assure the effective implementation of Sec. Sec.
52.137, 52.138, and 52.139, the State shall monitor vehicle miles
traveled and average vehicle speeds for each area in which such sections
are in effect and during such time periods as may be appropriate to
evaluate the effectiveness of such a program. All data obtained from
such monitoring shall be included in the quarterly report submitted to
the Administrator by the State of Arizona in accordance with Sec. 58.35
of this chapter. The first quarterly report shall cover the period from
July 1 to September 30, 1974. The vehicle miles traveled and vehicle
speed data shall be collected on a monthly basis and submitted in a
format similar to Table 1.
Table 1
Time period_____________________________________________________________
Affected area___________________________________________________________
------------------------------------------------------------------------
VMT or average vehicle
speed
-----------------------
Roadway type Vehicle
Vehicle type (2)
type (1) \1\
------------------------------------------------------------------------
Freeway.........................................
Arterial........................................
Collector.......................................
Local...........................................
------------------------------------------------------------------------
\1\ Continue with other vehicle types as appropriate.
(d) No later than March 1, 1974, the State shall submit to the
Administrator a compliance schedule to implement this section. The
program description shall include the following:
(1) The agency or agencies responsible for conducting, overseeing,
and maintaining the monitoring program.
(2) The administrative procedures to be used.
(3) A description of the methods to be used to collect the emission
data, VMT data, and vehicle speed data; a description of the
geographical area to which the data apply; identification of the
location at which the data will be collected; and the time periods
during which the data will be collected.
(e) The quarterly reports specified in paragraphs (b) and (c) of
this section shall be submitted to the Administrator through the
Regional Office, and shall be due within 45 days after the end of each
reporting period.
[38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974; 44
FR 27571, May 10, 1979]
Sec. 52.141 [Reserved]
Sec. 52.142 Federal Implementation Plan for Tri-Cities landfill,
Salt River Pima-Maricopa Indian Community.
The Federal Implementation Plan regulating emissions from an Energy
Project at the Tri-Cities landfill located on the Salt River Pima-
Maricopa Indian Community near Phoenix, Arizona is codified at 40 CFR
49.22.
[64 FR 65664, Nov. 23, 1999]
Sec. 52.143 [Reserved]
Sec. 52.144 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Act
are not met, since the plan as it applies to stationary sources under
the jurisdiction of the Pima County Health Department and the Maricopa
County Department of Health Services and stationary sources locating on
Indian lands does not include approvable procedures for preventing the
significant deterioration of air quality.
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
hereby incorporated and made a part of the applicable State plan for the
State of Arizona for that portion applicable to the Pima County Health
Department and the Maricopa
[[Page 293]]
County Department of Health Services and sources locating on Indian
lands.
(c) The requirements of sections 160 through 165 of the Clean Air
Act are met as they apply to stationary sources under the jurisdiction
of the Arizona Department of Environmental Quality (ADEQ), except with
respect to emissions of greenhouse gases (GHGs) (as defined in Sec.
52.21(b)(49)(i)). Therefore, the provisions of Sec. 52.21, except
paragraph (a)(1) of this section, for GHGs are hereby made a part of the
plan for stationary sources under the jurisdiction of ADEQ as it applies
to the stationary sources described in Sec. 52.21(b)(49)(iv).
[48 FR 19879, May 3, 1983, as amended at 68 FR 11321, Mar. 10, 2003; 68
FR 74488, Dec. 24, 2003; 83 FR 19637, May 4, 2018]
Sec. 52.145 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulations for visibility monitoring and new source review. The
provisions of Sec. Sec. 52.27 and 52.28 are hereby incorporated and
made part of the applicable plan for the State of Arizona.
(c) [Reserved]
(d) This paragraph is applicable to the fossil fuel-fired, steam-
generating equipment designated as Units 1, 2, and 3 at the Navajo
Generating Station in the Northern Arizona Intrastate Air Quality
Control Region (Sec. 81.270 of this chapter).
(1) Definitions.
Administrator means the Administrator of EPA or his/her designee.
Affected Unit(s) means the steam-generating unit(s) at the Navajo
Generating Station, all of which are subject to the emission limitation
in paragraph (d)(2) of this section, that has accumulated at least 365
boiler operating days since the passage of the date defined in paragraph
(d)(6) of this section applicable to it.
Boiler Operating Day for each of the boiler units at the Navajo
Generating Station is defined as a 24-hour calendar day (the period of
time between 12:01 a.m. and 12:00 midnight in Page, Arizona) during
which coal is combusted in that unit for the entire 24 hours.
Owner or Operator means the owner, participant in, or operator of
the Navajo Generating Station to which this paragraph is applicable.
Unit-Week of Maintenance means a period of 7 days during which a
fossil fuel-fired steam-generating unit is under repair, and no coal is
combusted in the unit.
(2) Emission limitation. No owner or operator shall discharge or
cause the discharge of sulfur oxides into the atmosphere in excess of 42
ng/J [0.10 pound per million British thermal units (lb/MMBtu)] heat
input.
(3) Compliance determination. Until at least one unit qualifies as
an affected unit, no compliance determination is appropriate. As each
unit qualifies for treatment as an affected unit, it shall be included
in the compliance determination. Compliance with this emission limit
shall be determined daily on a plant-wide rolling annual basis as
follows:
(i) For each boiler operating day at each steam generating unit
subject to the emission limitation in paragraph (d)(2) of this section,
the owner or operator shall record the unit's hourly SO2
emissions using the data from the continuous emission monitoring
systems, [required in paragraph (d)(4) of this section] and the daily
electric energy generated by the unit (in megawatt-hours) as measured by
the megawatt-hour meter for the unit.
(ii) Compute the average daily SO2 emission rate in ng/J
(lb/MMBtu) following the procedures set out in method 19, appendix A, 40
CFR part 60 in effect on October 3, 1991.
(iii) For each boiler operating day for each affected unit,
calculate the product of the daily SO2 emission rate
(computed according to paragraph (d)(3)(ii) of this section) and the
daily electric energy generated (recorded according to paragraph
(d)(3)(i) of this section) for each unit.
(iv) For each affected unit, identify the previous 365 boiler
operating days to be used in the compliance determination. Except as
provided in paragraphs (d)(9) and (d)(10) of this section, all of the
immediately preceding 365
[[Page 294]]
boiler operating days will be used for compliance determinations.
(v) Sum, for all affected units, the products of the daily
SO2 emission rate-electric energy generated (as calculated
according to paragraph (d)(3)(iii) of this section) for the boiler
operating days identified in paragraph (d)(3)(iv) of this section.
(vi) Sum, for all affected units, the daily electric energy
generated (recorded according to paragraph (d)(3)(i) of this section)
for the boiler operating days identified in paragraph (d)(3)(iv) of this
section.
(vii) Calculate the weighted plant-wide annual average
SO2 emission rate by dividing the sum of the products
determined according to paragraph (d)(3)(v) of this section by the sum
of the electric energy generated determined according to paragraph
(d)(3)(vi) of this section.
(viii) The weighted plant-wide annual average SO2
emission rate shall be used to determine compliance with the emission
limitation in paragraph (d)(2) of this section.
(4) Continuous emission monitoring. The owner or operator shall
install, maintain, and operate continuous emission monitoring systems to
determine compliance with the emission limitation in paragraph (d)(2) of
this section as calculated in paragraph (d)(3) of this section. This
equipment shall meet the specifications in appendix B of 40 CFR part 60
in effect on October 3, 1991. The owner or operator shall comply with
the quality assurance procedures for continuous emission monitoring
systems found in appendix F of 40 CFR part 60 in effect on October 3,
1991.
(5) Reporting requirements. For each steam generating unit subject
to the emission limitation in paragraph (d)(2) of this section, the
owner or operator:
(i) Shall furnish the Administrator written notification of the
SO2, oxygen, and carbon dioxide emissions according to the
procedures found in 40 CFR Sec. 60.7 in effect on October 3, 1991.
(ii) Shall furnish the Administrator written notification of the
daily electric energy generated in megawatt-hours.
(iii) Shall maintain records according to the procedures in 40 CFR
60.7 in effect on October 3, 1991.
(iv) Shall notify the Administrator by telephone or in writing
within one business day of any outage of the control system needed for
compliance with the emission limitation in paragraph (d)(2) of this
section and shall submit a follow-up written report within 30 days of
the repairs stating how the repairs were accomplished and justifying the
amount of time taken for the repairs.
(6) Compliance dates. The requirements of this paragraph shall be
applicable to one unit at the Navajo Generating Station beginning
November 19, 1997, to two units beginning November 19, 1998, and to all
units beginning on August 19, 1999.
(7) Schedule of compliance. The owner or operator shall take the
following actions by the dates specified:
(i) By June 1, 1992, award binding contracts to an architectural and
engineering firm to design and procure the control system needed for
compliance with the emission limitation in paragraph (d)(2) of this
section.
(ii) By January 1, 1995, initiate on-site construction or
installation of a control system for the first unit.
(iii) By May 1, 1997, initiate start-up testing of the control
system for the first unit.
(iv) By May 1, 1998, initiate start-up testing of the control system
for the second unit.
(v) By February 1, 1999, initiate start-up testing of the control
system for the third unit.
The interim deadlines will be extended if the owner or operators can
demonstrate to the Administrator that compliance with the deadlines in
paragraph (d)(6) of this section will not be affected.
(8) Reporting on compliance schedule. Within 30 days after the
specified date for each deadline in the schedule of compliance
(paragraph (d)(7) of this section, the owner or operator shall notify
the Administrator in writing whether the deadline was met. If it was not
met the notice shall include an explanation why it was not met and the
steps which shall be taken to ensure future deadlines will be met.
[[Page 295]]
(9) Exclusion for equipment failure during initial operation. For
each unit, in determining compliance for the first year that such unit
is required to meet the emission limitation in paragraph (d)(2) of this
section, periods during which one of the following conditions are met
shall be excluded:
(i) Equipment or systems do not meet designer's or manufacturer's
performance expectations.
(ii) Field installation including engineering or construction
precludes equipment or systems from performing as designed.
The periods to be excluded shall be determined by the Administrator
based on the periodic reports of compliance with the emission limitation
in paragraph (d)(2) of this section which shall identify the times
proposed for exclusion and provide the reasons for the exclusion,
including the reasons for the control system outage. The report also
shall describe the actions taken to avoid the outage, to minimize its
duration, and to reduce SO2 emissions at the plant to the
extent practicable while the control system was not fully operational.
Whenever the time to be excluded exceeds a cumulative total of 30 days
for any control system for any affected unit, the owner or operators
shall submit a report within 15 days addressing the history of and
prognosis for the performance of the control system.
(10) Exclusion for catastrophic failure. In addition to the
exclusion of periods allowed in paragraph (d)(9) of this section, any
periods of emissions from an affected unit for which the Administrator
finds that the control equipment or system for such unit is out of
service because of catastrophic failure of the control system which
occurred for reasons beyond the control of the owner or operators and
could not have been prevented by good engineering practices will be
excluded from the compliance determination. Events which are the
consequence of lack of appropriate maintenance or of intentional or
negligent conduct or omissions of the owner or operators or the control
system design, construction, or operating contractors do not constitute
catastrophic failure.
(11) Equipment operation. The owner or operator shall optimally
operate all equipment or systems needed to comply with the requirements
of this paragraph consistent with good engineering practices to keep
emissions at or below the emission limitation in paragraph (d)(2) of
this section, and following outages of any control equipment or systems
the control equipment or system will be returned to full operation as
expeditiously as practicable.
(12) Maintenance scheduling. On March 16 of each year starting in
1993, the owner or operator shall prepare and submit to the
Administrator a long-term maintenance plan for the Navajo Generating
Station which accommodates the maintenance requirements for the other
generating facilities on the Navajo Generating Station grid covering the
period from March 16 to March 15 of the next year and showing at least 6
unit-weeks of maintenance for the Navajo Generating Station during the
November 1 to March 15 period, except as provided in paragraph (d)(13)
of this section. This plan shall be developed consistent with the
criteria established by the Western States Coordinating Council of the
North American Electric Reliability Council to ensure an adequate
reserve margin of electric generating capacity. At the time that a plan
is transmitted to the Administrator, the owner or operator shall notify
the Administrator in writing if less than the full scheduled unit-weeks
of maintenance were conducted for the period covered by the previous
plan and shall furnish a written report stating how that year qualified
for one of the exceptions identified in paragraph (d)(13) of this
section.
(13) Exceptions for maintenance scheduling. The owner or operator
shall conduct a full 6 unit-weeks of maintenance in accordance with the
plan required in paragraph (d)(12) of this section unless the owner or
operator can demonstrate to the satisfaction of the Administrator that a
full 6 unit-weeks of maintenance during the November 1 to March 15
period should not be required because of the following:
(i) There is no need for 6 unit-weeks of scheduled periodic
maintenance in the year covered by the plan;
[[Page 296]]
(ii) The reserve margin on any electrical system served by the
Navajo Generating Station would fall to an inadequate level, as defined
by the criteria referred to in paragraph (d)(12) of this section.
(iii) The cost of compliance with this requirement would be
excessive. The cost of compliance would be excessive when the economic
savings to the owner or operator of moving maintenance out of the
November 1 to March 15 period exceeds $50,000 per unit-day of
maintenance moved.
(iv) A major forced outage at a unit occurs outside of the November
1 to March 15 period, and necessary periodic maintenance occurs during
the period of forced outage.
If the Administrator determines that a full 6 unit-weeks of maintenance
during the November 1 to March 15 period should not be required, the
owner or operator shall nevertheless conduct that amount of scheduled
maintenance that is not precluded by the Administrator. Generally, the
owner or operator shall make best efforts to conduct as much scheduled
maintenance as practicable during the November 1 to March 15 period.
(e) Approval. On February 28, 2011, the Arizona Department of
Environmental Quality submitted the ``Arizona State Implementation Plan,
Regional Haze Under Section 308 of the Federal Regional Haze Rule''
(``Arizona Regional Haze SIP'').
(1) [Reserved]
(2) The following portions of the Arizona Regional Haze SIP are
disapproved because they do not meet the applicable requirements of
Clean Air Act sections 169A and 169B and the Regional Haze Rule in 40
CFR 51.301 through 51.308:
(i) The determination that Unit I4 at TEP's Irvington [Sundt]
Generating Station is not BART-eligible;
(ii) The portions of the long-term strategy for regional haze
related to emission reductions for out-of-state Class I areas, emissions
limitations and schedules for compliance to achieve the reasonable
progress goal and enforceability of emissions limitations and control
measures.
(f) [Reserved]
(g) On May 3, 2013, the Arizona Department of Environmental Quality
(ADEQ) submitted the ``Arizona State Implementation Plan Revision,
Regional Haze Under Section 308 of the Federal Regional Haze Rule''
(``Arizona Regional Haze SIP Supplement'').
(1) The following portions of the Arizona Regional Haze SIP
Supplement are disapproved because they do not meet the applicable
requirements of Clean Air Act sections 169A and 169B and the Regional
Haze Rule in 40 CFR 51.301 through 51.308:
(i) The determination that the Chemical Lime Company's Nelson Lime
Plant is not subject-to-BART;
(ii) The determination that the Freeport McMoRan Miami Inc (FMMI)
Smelter is not subject to BART for NOX;
(iii) The determination that existing controls constitute BART for
SO2 at the Freeport McMoRan Miami Inc (FMMI) Smelter;
(iv) The determination that the ASARCO Hayden smelter is not subject
to BART for NOX and PM10;
(v) The determination that existing controls constitute BART for
SO2 at ASARCO Hayden Smelter;
(vi) The reasonable progress goals for the first planning period;
(vii) The determination that no additional controls for point
sources of NOX are reasonable for the first planning period;
and
(viii) The determination that no additional controls for area
sources of NOX and SO2 are reasonable for the
first planning period.
(2) [Reserved]
(h) Disapproval. The following portions of the Arizona SIP are
disapproved because they do not meet the applicable requirements of
Clean Air Act sections 169A and 169B and the Regional Haze Rule at 40
CFR 51.309:
(1) Regional Haze State Implementation Plan for the State of Arizona
(``Arizona 309 Regional Haze SIP'') submitted by the Arizona Department
of Environmental Quality on December 23, 2003, with the exception of
Chapter 5 (Strategy to Address Reasonably Attributable Visibility
Impairment (RAVI)) and Appendix A-5 (Attributable Impairment).
[[Page 297]]
(2) The Arizona Regional Haze State Implementation Plan Revision
submitted by the Arizona Department of Environmental Quality on December
31, 2004, with the exception of the provisions already approved at 40
CFR 52.120(c)(131).
(3) Letter from Stephen A. Owens, Director, Arizona Department of
Environmental Quality, dated December 24, 2008 re: Submittal of Arizona
Regional Haze State Implementation Plan.
(i) Source-specific federal implementation plan for regional haze at
Nelson Lime Plant-- (1) Applicability. This paragraph (i) applies to the
owner/operator of the lime kilns designated as Kiln 1 and Kiln 2 at the
Nelson Lime Plant located in Yavapai County, Arizona.
(2) Definitions. Terms not defined in this paragraph (i)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing the Clean Air Act. For purposes of this paragraph (i):
Ammonia injection shall include any of the following: Anhydrous
ammonia, aqueous ammonia, or urea injection.
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, SO2 emissions, diluent,
and stack gas volumetric flow rate.
Kiln means either of the kilns identified in paragraph (i)(1) of
this section.
Kiln 1 means lime kiln 1, as identified in paragraph (i)(1) of this
section.
Kiln 2 means lime kiln 2, as identified in paragraph (i)(1) of this
section.
Kiln operating day means a 24-hour period between 12 midnight and
the following midnight during which there is operation of Kiln 1, Kiln
2, or both kilns at any time.
Kiln operation means any period when any raw materials are fed into
the Kiln or any period when any combustion is occurring or fuel is being
fired in the Kiln.
Lime product means the product of the lime-kiln calcination process,
including calcitic lime, dolomitic lime, and dead-burned dolomite.
NOX means oxides of nitrogen.
Owner/operator means any person who owns or who operates, controls,
or supervises a kiln identified in paragraph (i)(1) of this section.
SO2 means sulfur dioxide.
(3) Emission limitations. (i) The owner/operator of the kilns
identified in paragraph (i)(1) of this section shall not emit or cause
to be emitted pollutants in excess of the following limitations in
pounds of pollutant per ton of lime product (lb/ton), from any kiln.
Each emission limit shall be based on a 12-month rolling basis.
Pollutant Emission Limit
------------------------------------------------------------------------
Kiln ID NOX SO2
------------------------------------------------------------------------
Kiln 1.................................. 3.80 9.32
Kiln 2.................................. 2.61 9.73
------------------------------------------------------------------------
(ii) The owner/operator of the kilns identified in paragraph (i)(1)
of this section shall not emit or cause to be emitted pollutants in
excess of 3.27 tons of NOX per day and 10.10 tons of
SO2 per day, combined from both kilns, based on a rolling 30-
kiln-operating-day basis.
(4) Compliance dates. (i) The owner/operator of each kiln shall
comply with the NOX emission limitations and other
NOX -related requirements of this paragraph (i) no later than
September 4, 2017.
(ii) The owner/operator of each kiln shall comply with the
SO2 emission limitations and other SO2 -related
requirements of this paragraph (i) no later than March 3, 2016.
(5) [Reserved]
(6) Compliance determination--(i) Continuous emission monitoring
system. At all times after the compliance dates specified in paragraph
(i)(4) of this section, the owner/operator of kilns 1 and 2 shall
maintain, calibrate, and operate a CEMS, in full compliance with the
requirements found at 40 CFR 60.13 and 40 CFR part 60, appendices B and
F, to accurately measure diluent, stack gas volumetric flow rate, and
concentration by volume of NOX and SO2 emissions
into the atmosphere from kilns 1 and 2. The CEMS shall be used by the
owner/operator to determine compliance with the emission limitations in
[[Page 298]]
paragraph (i)(3) of this section, in combination with data on actual
lime production. The owner/operator must operate the monitoring system
and collect data at all required intervals at all times that an affected
kiln 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).
(ii) Ammonia consumption monitoring. Upon and after the completion
of installation of ammonia injection on a kiln, the owner or operator
shall install, and thereafter maintain and operate, instrumentation to
continuously monitor and record levels of ammonia consumption for that
kiln.
(iii) Compliance determination for lb per ton NOX limit. Compliance
with the NOX emission limits described in paragraph (i)(3)(i)
of this section shall be determined based on a rolling 12-month basis.
The 12-month rolling NOX emission rate for each kiln shall be
calculated within 30 days following the end of each calendar month in
accordance with the following procedure: Step one, sum the hourly pounds
of NOX emitted for the month just completed and the eleven
(11) months preceding the month just completed to calculate the total
pounds of NOX emitted over the most recent twelve (12) month
period for that kiln; Step two, sum the total lime product, in tons,
produced during the month just completed and the eleven (11) months
preceding the month just completed to calculate the total lime product
produced over the most recent twelve (12) month period for that kiln;
Step three, divide the total amount of NOX calculated from
Step one by the total lime product calculated from Step two to calculate
the 12-month rolling NOX emission rate for that kiln. Each
12-month rolling NOX emission rate shall include all
emissions and all lime product that occur during all periods within the
12-month period, including emissions from startup, shutdown, and
malfunction.
(iv) Compliance determination for lb per ton SO2 limit. Compliance
with the SO2 emission limits described in paragraph (i)(3)(i)
of this section shall be determined based on a rolling 12-month basis.
The 12-month rolling SO2 emission rate for each kiln shall be
calculated within 30 days following the end of each calendar month in
accordance with the following procedure: Step one, sum the hourly pounds
of SO2 emitted for the month just completed and the eleven
(11) months preceding the month just completed to calculate the total
pounds of SO2 emitted over the most recent twelve (12) month
period for that kiln; Step two, sum the total lime product, in tons,
produced during the month just completed and the eleven (11) months
preceding the month just completed to calculate the total lime product
produced over the most recent twelve (12) month period for that kiln;
Step three, divide the total amount of SO2 calculated from
Step one by the total lime product calculated from Step two to calculate
the 12-month rolling SO2 emission rate for that kiln. Each
12-month rolling SO2 emission rate shall include all
emissions and all lime product that occur during all periods within the
12-month period, including emissions from startup, shutdown, and
malfunction.
(v) Compliance determination for ton per day NOX limit. Compliance
with the NOX emission limit described in paragraph (i)(3)(ii)
of this section shall be determined based on a rolling 30-kiln-
operating-day basis. The rolling 30-kiln operating day NOX
emission rate for the kilns shall be calculated for each kiln operating
day in accordance with the following procedure: Step one, sum the hourly
pounds of NOX emitted from both kilns for the current kiln
operating day and the preceding twenty-nine (29) kiln-operating-day
period for both kilns; Step two, divide the total pounds of
NOX calculated from Step one by two thousand (2,000) to
calculate the total tons of NOX; Step three, divide the total
tons of NOX calculated from Step two by thirty (30) to
calculate the rolling 30-kiln operating day NOX emission rate
for both kilns. Each rolling 30-kiln operating day NOX
emission rate shall include all emissions that occur from both kilns
during all periods within any kiln operating
[[Page 299]]
day, including emissions from startup, shutdown, and malfunction.
(vi) Compliance determination for ton per day SO2 limit.
Compliance with the SO2 emission limit described in paragraph
(i)(3)(ii) of this section shall be determined based on a rolling 30-
kiln-operating-day basis. The rolling 30-kiln operating day
SO2 emission rate for the kilns shall be calculated for each
kiln operating day in accordance with the following procedure: Step one,
sum the hourly pounds of SO2 emitted from both kilns for the
current kiln operating day and the preceding twenty-nine (29) kiln
operating days, to calculate the total pounds of SO2 emitted
over the most recent thirty (30) kiln operating day period for both
kilns; Step two, divide the total pounds of SO2 calculated
from Step one by two thousand (2,000) to calculate the total tons of
SO2; Step three, divide the total tons of SO2
calculated from Step two by thirty (30) to calculate the rolling 30-kiln
operating day SO2 emission rate for both kilns. Each rolling
30-kiln operating day SO2 emission rate shall include all
emissions that occur from both kilns during all periods within any kiln
operating day, including emissions from startup, shutdown, and
malfunction.
(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 lime production.
(iii) Monthly rolling 12-month emission rates of NOX and
SO2, calculated in accordance with paragraphs (i)(6)(iii) and
(iv) of this section.
(iv) Daily rolling 30-kiln operating day emission rates of
NOX and SO2 calculated in accordance with
paragraphs (i)(6)(v) and (vi) of this section.
(v) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
specified by 40 CFR part 60, appendix F, Procedure 1, as well as the
following:
(A) The occurrence and duration of any startup, shutdown, or
malfunction, performance testing, evaluations, calibrations, checks,
adjustments maintenance, duration of any periods during which a CEMS or
COMS is inoperative, and corresponding emission measurements.
(B) Date, place, and time of measurement or monitoring equipment
maintenance activity;
(C) Operating conditions at the time of measurement or monitoring
equipment maintenance activity;
(D) Date, place, name of company or entity that performed the
measurement or monitoring equipment maintenance activity and the methods
used; and
(E) Results of the measurement or monitoring equipment maintenance.
(vi) Records of ammonia consumption, as recorded by the
instrumentation required in paragraph (i)(6)(ii) of this section.
(vii) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, CEMS, and lime
production measurement devices.
(viii) All other records specified by 40 CFR part 60, appendix F,
Procedure 1.
(8) Reporting. All reports required under this section shall be
submitted by the owner/operator to the Director, Enforcement Division,
U.S. Environmental Protection Agency, Region 9, electronically via email
to [email protected]. Any data that are required under this section shall
be submitted in Excel format. Reports required under paragraphs
(i)(8)(iii) through (v) of this section shall be submitted within 30
days after the applicable compliance date(s) in paragraph (i)(4) of this
section and at least semiannually thereafter, within 30 days after the
end of a semiannual period. The owner/operator may submit reports more
frequently than semiannually for the purposes of synchronizing reports
required under this section with other reporting requirements, such as
the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but
at no point shall the duration of a semiannual period exceed six months.
(i) Prior to commencing construction of the ammonia injection
system, the owner/operator shall submit to EPA a summary report of the
design of the SNCR system. Elements of this summary report shall
include: Reagent
[[Page 300]]
type, description of the locations selected for reagent injection,
reagent injection rate (expressed as a molar ratio of reagent to
NOX), equipment list, equipment arrangement, and a summary of
kiln characteristics that were relied upon as the design basis for the
SNCR system.
(ii) By October 3, 2017, the owner/operator shall submit to EPA a
summary of any process improvement or debugging activities that were
performed on the SNCR system. Elements of this summary report shall
include: a description of each process adjustment performed on the SNCR
system, a discussion of whether the adjustment affected NOX
emission rate (including CEMS data that may have been recorded while the
adjustment was in progress), a description of the range (if applicable)
over which the adjustment was examined, and a discussion of how the
adjustment will be reflected or accounted for in kiln operating
practices. In addition, to the extent that the owner/operator evaluates
the impact of varying reagent injection rate on NOX
emissions, the owner/operator shall include the following information:
the range of reagent injection rates evaluated (expressed as a molar
ratio of reagent to average NOX concentration), reagent
injection rate, average NOX concentration, lime production
rate, kiln flue gas temperature, and the presence of any detached plumes
from the kiln exhaust.
(iii) The owner/operator shall submit a report that lists the daily
rolling 30-kiln operating day emission rates for NOX and
SO2, calculated in accordance with paragraphs (i)(6)(iii) and
(iv) of this section.
(iv) The owner/operator shall submit a report that lists the monthly
rolling 12-month emission rates for NOX and SO2,
calculated in accordance with paragraphs (i)(6)(v) and (vi) of this
section.
(v) The owner/operator shall submit excess emissions reports for
NOX and SO2 limits. Excess emissions means
emissions that exceed any of the emissions limits specified in paragraph
(i)(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 kiln; the nature and cause
of any malfunction (if known); and the corrective action taken or
preventative measures adopted.
(vi) The owner/operator shall submit a summary of CEMS operation, 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.
(vii) The owner/operator shall submit results of all CEMS
performance tests required by 40 CFR part 60, Appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(viiii) 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 semiannual report.
(9) Notifications. All notifications required under this section
shall be submitted by the owner/operator to the Director, Enforcement
Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency,
Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901.
(i) The 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 (i)(3) of this section.
(ii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
(iii) The owner/operator shall submit notification of initial
startup of any such equipment.
(10) Equipment operations. (i) At all times, including periods of
startup, shutdown, and malfunction, the owner/operator shall, to the
extent practicable, maintain and operate the kilns, including associated
air pollution control equipment, in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions
[[Page 301]]
during all expected operating conditions. Determination of whether
acceptable operating and maintenance procedures are being used will be
based on information available to the Regional Administrator, which may
include, but is not limited to, monitoring results, review of operating
and maintenance procedures, and inspection of the kilns.
(ii) After completion of installation of ammonia injection on a
kiln, the owner/operator shall inject sufficient ammonia to achieve
compliance with the NOX emission limits from paragraph (i)(3)
of this section for that kiln while preventing excessive ammonia
emissions.
(11) Enforcement. Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as to
whether the kiln 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/operator has
violated or is in violation of any standard or applicable emission limit
in the plan.
(j) Source-specific federal implementation plan for regional haze at
H. Wilson Sundt Generating Station--(1) Applicability. This paragraph
(j) applies to the owner/operator of the electricity generating unit
(EGU) designated as Unit I4 at the H. Wilson Sundt Generating Station
located in Tucson, Pima County, Arizona.
(2) Definitions. Terms not defined in this paragraph (j)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing the Clean Air Act. For purposes of this paragraph (j):
Ammonia injection shall include any of the following: Anhydrous
ammonia, aqueous ammonia, or urea injection.
Boiler operating day means a 24-hour period between 12 midnight and
the following midnight during which any fuel is combusted at any time in
the unit.
Continuous emission monitoring system or CEMS means the equipment
required by 40 CFR part 75 and this paragraph (j).
MMBtu means one million British thermal units.
Natural gas means a naturally occurring fluid mixture of
hydrocarbons as defined in 40 CFR 72.2.
NOX means oxides of nitrogen.
Owner/operator means any person who owns or who operates, controls,
or supervises the EGU identified in paragraph (j)(1) of this section.PM
means total filterable particulate matter.
PM10 means total particulate matter less than 10 microns in
diameter.
SO2 means sulfur dioxide.
Unit means the EGU identified paragraph (j)(1) of this section.
(3) Emission limitations. The owner/operator of the unit shall not
emit or cause to be emitted pollutants in excess of the following
limitations, in pounds of pollutant per million British thermal units
(lb/MMBtu), from the subject unit.
------------------------------------------------------------------------
Pollutant
Pollutant emission limit
------------------------------------------------------------------------
NOX..................................................... 0.36
PM...................................................... 0.030
SO2..................................................... 0.23
------------------------------------------------------------------------
(4) Alternative emission limitations. The owner/operator of the unit
may choose to comply with the following limitations in lieu of the
emission limitations listed in paragraph (j)(3) of this section.
(i) The owner/operator of the unit shall combust only natural gas or
natural gas combined with landfill gas in the subject unit.
(ii) The owner/operator of the unit shall not emit or cause to be
emitted pollutants in excess of the following limitations, in pounds of
pollutant per million British thermal units (lb/MMBtu), from the subject
unit.
------------------------------------------------------------------------
Pollutant
Pollutant emission limit
------------------------------------------------------------------------
NOX..................................................... 0.25
PM10.................................................... 0.010
SO2..................................................... 0.057
------------------------------------------------------------------------
(iii) If the results of the initial performance test conducted in
accordance with paragraph (j)(8)(iv) of this section show
PM10 emissions greater than the limit in paragraph (j)(4)(ii)
of this section, the owner/operator may elect to comply with an emission
limit equal to the result of the initial performance
[[Page 302]]
test, in lieu of the PM10 emission limit in paragraph
(j)(4)(ii).
(5) Compliance dates. (i) The owner/operator of the unit subject to
this paragraph (j)(5) shall comply with the NOX and
SO2 emission limitations of paragraph (j)(3) of this section
no later than September 4, 2017.
(ii) The owner/operator of the unit subject to this paragraph (j)(5)
shall comply with the PM emission limitation of paragraph (j)(3) of this
section no later than April 16, 2015.
(6) Alternative compliance dates. If the owner/operator chooses to
comply with paragraph (j)(4) of this section in lieu of paragraph (j)(3)
of this section, the owner/operator of the unit shall comply with the
NOX, SO2, and PM10 emission limitations
of paragraph (j)(4) of this section no later than December 31, 2017.
(7) Compliance determination--(i) Continuous emission monitoring
system. (A) At all times after the compliance date specified in
paragraph (j)(5)(i) of this section, the owner/operator of the unit
shall maintain, calibrate, and operate 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 the unit. All valid CEMS hourly data shall be used to
determine compliance with the emission limitations for NOX
and SO2 in paragraph (j)(3) of this section. When the CEMS is
out-of-control as defined by 40 CFR part 75, the CEMS data shall be
treated as missing data and not used to calculate the emission average.
Each required CEMS must obtain valid data for at least 90 percent of the
unit operating hours, on an annual basis.
(B) The owner/operator of the unit shall comply with the quality
assurance procedures for CEMS found in 40 CFR part 75. In addition to
the requirements in part 75 of this chapter, relative accuracy test
audits shall be calculated for both the NOX and
SO2 pounds per hour measurement and the heat input
measurement. The CEMS monitoring data shall not be bias adjusted.
Calculations of relative accuracy for lb/hour of NOX,
SO2, and heat input shall be performed each time the CEMS
undergo relative accuracy testing.
(ii) Ammonia consumption monitoring. Upon and after the completion
of installation of ammonia injection on the unit, the owner/operator
shall install, and thereafter maintain and operate, instrumentation to
continuously monitor and record levels of ammonia consumption for that
unit.
(iii) Compliance determination for NOX. Compliance with the
NOX emission limit described in paragraph (j)(3) of this
section shall be determined based on a rolling 30 boiler-operating-day
basis. The 30-boiler-operating-day rolling NOX emission rate
for the unit shall be calculated for each boiler operating day in
accordance with the following procedure: Step one, sum the hourly pounds
of NOX emitted for the current boiler operating day and the
preceding twenty-nine (29) boiler operating days to calculate the total
pounds of NOX emitted over the most recent thirty (30)
boiler-operating-day period for that unit; Step two, sum the total heat
input, in MMBtu, during the current boiler operating day and the
preceding twenty-nine (29) boiler operating days to calculate the total
heat input over the most recent thirty (30) boiler-operating-day period
for that unit; Step three, divide the total amount of NOX
calculated from Step one by the total heat input calculated from Step
two to calculate the rolling 30-boiler-operating-day NOX
emission rate, in pounds per MMBtu for that unit. Each rolling 30-
boiler-operating-day NOX emission rate shall include all
emissions and all heat input that occur during all periods within any
boiler operating day, including emissions from startup, shutdown, and
malfunction. If a valid NOX pounds per hour or heat input is
not available for any hour for the unit, that heat input and
NOX pounds per hour shall not be used in the calculation of
the rolling 30-boiler-operating-day emission rate.
(iv) Compliance determination for SO2. Compliance with the
SO2 emission limit described in paragraph (j)(3) of this
section shall be determined based on a rolling 30 boiler-operating-day
basis. The rolling 30-boiler-operating-day SO2 emission rate
for the unit shall be calculated for each boiler operating day in
accordance with the following procedure: Step one, sum the hourly
[[Page 303]]
pounds of SO2 emitted for the current boiler operating day
and the preceding twenty-nine (29) boiler operating days to calculate
the total pounds of SO2 emitted over the most recent thirty
(30) boiler-operating-day period for that unit; Step two, sum the total
heat input, in MMBtu, during the current boiler operating day and the
preceding twenty-nine (29) boiler operating days to calculate the total
heat input over the most recent thirty (30) boiler-operating-day period
for that unit; Step three, divide the total amount of SO2
calculated from Step one by the total heat input calculated from Step
two to calculate the rolling 30-boiler-operating-day SO2
emission rate, in pounds per MMBtu for that unit. Each rolling 30-
boiler-operating-day SO2 emission rate shall include all
emissions and all heat input that occur during all periods within any
boiler operating day, including emissions from startup, shutdown, and
malfunction. If a valid SO2 pounds per hour or heat input is
not available for any hour for the unit, that heat input and
SO2 pounds per hour shall not be used in the calculation of
the rolling 30-boiler-operating-day emission rate.
(v) Compliance determination for PM. Compliance with the PM emission
limit described in paragraph (j)(3) of this section shall be determined
from annual performance stack tests. Within sixty (60) days either
preceding or following the compliance deadline specified in paragraph
(j)(5)(ii) of this section, and on at least an annual basis thereafter,
the owner/operator of the unit shall conduct a stack test on the unit to
measure PM using EPA Methods 1 through 5, in 40 CFR part 60, appendix A.
Each test shall consist of three runs, with each run at least one
hundred twenty (120) minutes in duration and each run collecting a
minimum sample of sixty (60) dry standard cubic feet. Results shall be
reported in lb/MMBtu using the calculation in 40 CFR part 60, appendix
A, Method 19.
(8) Alternative compliance determination. If the owner/operator
chooses to comply with the emission limits of paragraph (j)(4) of this
section, this paragraph (j)(8) may be used in lieu of paragraph (j)(7)
of this section to demonstrate compliance with the emission limits in
paragraph (j)(4) of this section.
(i) Continuous emission monitoring system. (A) At all times after
the compliance date specified in paragraph (j)(6) of this section, the
owner/operator of the unit shall maintain, calibrate, and operate 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 the unit. All valid CEMS hourly data shall be used to
determine compliance with the emission limitation for NOX in
paragraph (j)(4) of this section. When the CEMS is out-of-control as
defined by 40 CFR part 75, the CEMS data shall be treated as missing
data and not used to calculate the emission average. Each required CEMS
must obtain valid data for at least ninety (90) percent of the unit
operating hours, on an annual basis.
(B) The owner/operator of the unit shall comply with the quality
assurance procedures for CEMS found in 40 CFR part 75. In addition to
these part 75 requirements, relative accuracy test audits shall be
calculated for both the NOX pounds per hour measurement and
the heat input measurement. The CEMS monitoring data shall not be bias
adjusted. Calculations of relative accuracy for lb/hr of NOX
and heat input shall be performed each time the CEMS undergo relative
accuracy testing.
(ii) Compliance determination for NOX. Compliance with the
NOX emission limit described in paragraph (j)(4) of this
section shall be determined based on a rolling 30 boiler-operating-day
basis. The rolling 30-boiler-operating-day NOX emission rate
for the unit shall be calculated for each boiler operating day in
accordance with the following procedure: Step one, sum the hourly pounds
of NOX emitted for the current boiler operating day and the
preceding twenty-nine (29) boiler-operating-days to calculate the total
pounds of NOX emitted over the most recent thirty (30)
boiler-operating-day period for that unit; Step two, sum the total heat
input, in MMBtu, during the current boiler operating day and the
preceding twenty-nine (29) boiler-operating-days to calculate the total
heat input over the most recent thirty (30)
[[Page 304]]
boiler-operating-day period for that unit; Step three, divide the total
amount of NOX calculated from Step one by the total heat
input calculated from Step two to calculate the rolling 30-boiler-
operating-day NOX emission rate, in pounds per MMBtu for that
unit. Each rolling 30-boiler-operating-day NOX emission rate
shall include all emissions and all heat input that occur during all
periods within any boiler operating day, including emissions from
startup, shutdown, and malfunction. If a valid NOX pounds per
hour or heat input is not available for any hour for the unit, that heat
input and NOX pounds per hour shall not be used in the
calculation of the rolling 30-boiler-operating-day emission rate.
(iii) Compliance determination for SO2. Compliance with the
SO2 emission limit for the unit shall be determined from fuel
sulfur documentation demonstrating the use of either natural gas or
natural gas combined with landfill gas.
(iv) Compliance determination for PM10. Compliance with the
PM10 emission limit for the unit shall be determined from
performance stack tests. Within sixty (60) days following the compliance
deadline specified in paragraph (j)(6) of this section, and at the
request of the Regional Administrator thereafter, the owner/operator of
the unit shall conduct a stack test on the unit to measure
PM10 using EPA Methods 1 through 4, 201A, and Method 202, per
40 CFR part 51, appendix M. Each test shall consist of three runs, with
each run at least one hundred twenty (120) minutes in duration and each
run collecting a minimum sample of sixty (60) dry standard cubic feet.
Results shall be reported in lb/MMBtu using the calculation in 40 CFR
part 60, appendix A, Method 19.
(9) Recordkeeping. The owner/operator shall maintain the following
records for at least five years:
(i) CEMS data measuring NOX in lb/hr, SO2 in
lb/hr, and heat input rate per hour.
(ii) Daily rolling 30-boiler operating day emission rates of
NOX and SO2 calculated in accordance with
paragraphs (j)(7)(iii) and (iv) of this section.
(iii) Records of the relative accuracy test for NOX lb/hr
and SO2 lb/hr measurement, and hourly heat input measurement.
(iv) Records of quality assurance and quality control activities for
emissions systems including, but not limited to, any records required by
40 CFR part 75.
(v) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(vi) Any other records required by 40 CFR part 75.
(vii) Records of ammonia consumption for the unit, as recorded by
the instrumentation required in paragraph (j)(7)(ii) of this section.
(viii) All PM stack test results.
(10) Alternative recordkeeping requirements. If the owner/operator
chooses to comply with the emission limits of paragraph (j)(4) of this
section, the owner/operator shall maintain the records listed in this
paragraph (j)(10) in lieu of the records contained in paragraph (j)(9)
of this section. The owner/operator shall maintain the following records
for at least five years:
(i) CEMS data measuring NOX in lb/hr and heat input rate
per hour.
(ii) Daily rolling 30-boiler operating day emission rates of
NOX calculated in accordance with paragraph (j)(8)(ii) of
this section.
(iii) Records of the relative accuracy test for NOX lb/hr
measurement and hourly heat input measurement.
(iv) Records of quality assurance and quality control activities for
emissions systems including, but not limited to, any records required by
40 CFR part 75.
(v) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(vi) Any other records required by 40 CFR part 75.
(vii) Records sufficient to demonstrate that the fuel for the unit
is natural gas or natural gas combined with landfill gas.
(viii) All PM10 stack test results.
(11) Notifications. All notifications required under this section
shall be submitted by the owner/operator to the Director, Enforcement
Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency,
Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901.
[[Page 305]]
(i) By March 31, 2017, the owner/operator shall submit notification
by letter whether it will comply with the emission limits in paragraph
(j)(3) of this section or whether it will comply with the emission
limits in paragraph (j)(4) of this section. In the event that the owner/
operator does not submit timely and proper notification by March 31,
2017, the owner/operator may not choose to comply with the alternative
emission limits in paragraph (j)(4) of this section and shall comply
with the emission limits in paragraph (j)(3) of this section.
(ii) The owner/operator shall submit notification of commencement of
construction of any equipment which is being constructed to comply with
either the NOX or SO2 emission limits in paragraph
(j)(3) of this section.
(iii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
(iv) The owner/operator shall submit notification of initial startup
of any such equipment.
(v) The owner/operator shall submit notification of its intent to
comply with the PM10 emission limit in paragraph (j)(4)(iii)
of this section within one hundred twenty (120) days following the
compliance deadline specified in paragraph (j)(6) of this section. The
notification shall include results of the initial performance test and
the resulting applicable emission limit.
(12) Reporting. All reports required under this section shall be
submitted by the owner/operator to the Director, Enforcement Division
(Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, California 94105-3901. All reports
required under this section shall be submitted within 30 days after the
applicable compliance date(s) in paragraph (j)(5) of this section and at
least semiannually thereafter, within 30 days after the end of a
semiannual period. The owner/operator may submit reports more frequently
than semiannually for the purposes of synchronizing reports required
under this section with other reporting requirements, such as the title
V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no
point shall the duration of a semiannual period exceed six months.
(i) The owner/operator shall submit a report that lists the daily
rolling 30-boiler operating day emission rates for NOX and
SO2.
(ii) The owner/operator shall submit excess emission reports for
NOX and SO2 limits. Excess emissions means
emissions that exceed the emission limits specified in paragraph (j)(3)
of this section. Excess emission 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.
(iii) The owner/operator shall submit a summary of CEMS operation,
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.
(iv) The owner/operator shall submit the results of any relative
accuracy test audits performed during the two preceding calendar
quarters.
(v) 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 semiannual report.
(vi) The owner/operator shall submit results of any PM stack tests
conducted for demonstrating compliance with the PM limit specified in
paragraph (j)(3) of this section.
(13) Alternative reporting requirements. If the owner/operator
chooses to comply with the emission limits of paragraph (j)(4) of this
section, the owner/operator shall submit the reports listed in this
paragraph (j)(13) in lieu of the reports contained in paragraph (j)(12)
of this section. All reports required under this paragraph (j)(13) shall
be submitted by the owner/operator to the Director, Enforcement Division
(Mail Code ENF-2-1), U.S. Environmental
[[Page 306]]
Protection Agency, Region 9, 75 Hawthorne Street, San Francisco,
California 94105-3901. All reports required under this paragraph (j)(13)
shall be submitted within 30 days after the applicable compliance
date(s) in paragraph (j)(6) of this section and at least semiannually
thereafter, within 30 days after the end of a semiannual period. The
owner/operator may submit reports more frequently than semiannually for
the purposes of synchronizing reports required under this section with
other reporting requirements, such as the title V monitoring report
required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the
duration of a semiannual period exceed six months.
(i) The owner/operator shall submit a report that lists the daily
rolling 30-boiler operating day emission rates for NOX.
(ii) The owner/operator shall submit excess emissions reports for
NOX limits. Excess emissions means emissions that exceed the
emission limit specified in paragraph (j)(4) 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.
(iii) The owner/operator 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.
(iv) The owner/operator shall submit the results of any relative
accuracy test audits performed during the two preceding calendar
quarters.
(v) 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 semiannual report.
(vi) The owner/operator shall submit results of any PM10
stack tests conducted for demonstrating compliance with the
PM10 limit specified in paragraph (j)(4) of this section.
(14) Equipment operations. (i) At all times, including periods of
startup, shutdown, and malfunction, the owner/operator shall, to the
extent practicable, maintain and operate the unit, including associated
air pollution control equipment, in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
Determination of whether acceptable operating and maintenance procedures
are being used will be based on information available to the Regional
Administrator, which may include, but is not limited to, monitoring
results, review of operating and maintenance procedures, and inspection
of the unit.
(ii) After completion of installation of ammonia injection on a
unit, the owner/operator shall inject sufficient ammonia to achieve
compliance with the NOX emission limit contained in paragraph
(j)(3) of this section for that unit while preventing excessive ammonia
emissions.
(15) 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/operator has
violated or is in violation of any standard or applicable emission limit
in the plan.
(k) Source-specific federal implementation plan for regional haze at
Clarkdale Cement Plant and Rillito Cement Plant--(1) Applicability. This
paragraph (k) applies to each owner/operator of the following cement
kilns in the state of Arizona: Kiln 4 located at the cement plant in
Clarkdale, Arizona, and kiln 4 located at the cement plant in Rillito,
Arizona.
(2) Definitions. Terms not defined in this paragraph (k)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing
[[Page 307]]
the Clean Air Act. For purposes of this paragraph (k):
Ammonia injection shall include any of the following: Anhydrous
ammonia, aqueous ammonia or urea injection.
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), a permanent record of
NOX 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 at any time.
Kiln operation means any period when any raw materials are fed into
the kiln or any period when any combustion is occurring or fuel is being
fired in the kiln.
NOX means nitrogen oxides.
Owner/operator means any person who owns or who operates, controls,
or supervises a cement kiln identified in paragraph (k)(1) of this
section.
Unit means a cement kiln identified in paragraph (k)(1) of this
section.
(3) Emissions limitations. (i) The owner/operator of kiln 4 of the
Clarkdale Plant, as identified in paragraph (k)(1) of this section,
shall not emit or cause to be emitted from kiln 4 NOX in
excess of 2.12 pounds of NOX per ton of clinker produced,
based on a rolling 30-kiln operating day basis.
(ii) The owner/operator of kiln 4 of the Rillito Plant, as
identified in paragraph (k)(1) of this section, shall not emit or cause
to be emitted from kiln 4 NOX in excess of 3.46 pounds of
NOX per ton of clinker produced, based on a rolling 30-kiln
operating day basis.
(4) Alternative emissions limitation. In lieu of the emission
limitation listed in paragraph (k)(3)(i) of this section, the owner/
operator of kiln 4 of the Clarkdale Plant may choose to comply with the
following limitation by providing notification per paragraph (k)(13)(iv)
of this section. The owner/operator of kiln 4 of the Clarkdale Plant, as
identified in paragraph (k)(1) of this section, shall not emit or cause
to be emitted from kiln 4 NOX in excess of 810 tons per year,
based on a rolling 12-month basis.
(5) Compliance date. (i) The owner/operator of each unit identified
in paragraph (k)(1) of this section shall comply with the NOX
emissions limitations and other NOX-related requirements of
this paragraph (k)(3) of this section no later than December 31, 2018.
(ii) If the owner/operator of the Clarkdale Plant chooses to comply
with the emission limit of paragraph (k)(4) of this section in lieu of
paragraph (k)(3)(i) of this section, the owner/operator shall comply
with the NOX emissions limitations and other NOX-
related requirements of paragraph (k)(4) of this section no later than
December 31, 2018.
(6) [Reserved]
(7) Compliance determination--
(i) Continuous emission monitoring system. (A) At all times after the
compliance date specified in paragraph (k)(5) of this section, the
owner/operator of the unit at the Clarkdale Plant 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 NOX, diluent, and stack gas volumetric flow rate
from the in-line/raw mill stack, as well as the stack gas volumetric
flow rate from the coal mill stack. The CEMS shall be used by the owner/
operator to determine compliance with the emission limitation in
paragraph (k)(3) of this section, 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).
(B) At all times after the compliance date specified in paragraph
(k)(5) of this section, the owner/operator of the unit at the Rillito
Plant shall maintain, calibrate, and operate a CEMS, in full compliance
with the requirements
[[Page 308]]
found at 40 CFR 60.63(f) and (g), to accurately measure concentration by
volume of NOX, diluent, and stack gas volumetric flow rate
from the unit. The CEMS shall be used by the owner/operator to determine
compliance with the emission limitation in paragraph (k)(3) of this
section, 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).
(ii) Methods. (A) The owner/operator of each unit shall record the
daily clinker production rates.
(B)(1) The owner/operator of each unit shall calculate and record
the 30-kiln operating day average emission rate of NOX, in
pounds per ton (lb/ton) of clinker produced, as the total of all hourly
emissions data for the cement kiln in the preceding 30-kiln operating
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] TR21NO16.024
Where:
E[D] = 30 kiln operating day average emission rate of NOX,
lb/ton of clinker;
C[i] = Concentration of NOX for hour i as recorded by the
CEMS required by paragraph (k)(7)(i) of this section, ppm;
Q[i] = volumetric flow rate of effluent gas for hour i as recorded by
the CEMS required by paragraph (k)(7)(i) of this section,
where C[i] and Q[i] are on the same basis (either wet or dry),
scf/hr;
P[i] = total kiln clinker produced during production hour i, ton/hr;
k = conversion factor, 1.194 x 10-7 for NOX; and
n = number of kiln operating hours over 30 kiln operating days, n = 1 up
to 720.
(2) 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 in pounds per ton (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).
(C) At the end of each kiln operating day, the owner/operator 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.
(D) Upon and after the completion of installation of ammonia
injection on a unit, the owner/operator shall install, and thereafter
maintain and operate, instrumentation to continuously monitor and record
levels of ammonia injection for that unit.
(8) Alternative compliance determination. If the owner/operator of
the Clarkdale Plant chooses to comply with the emission limits of
paragraph (k)(4) of this section, this paragraph may be used in lieu of
paragraph (k)(7) of this section to demonstrate compliance with the
emission limits in paragraph (k)(4) of this section.
(i) Continuous emission monitoring system. At all times after the
compliance date specified in paragraph (k)(5) of this section, the
owner/operator of the unit at the Clarkdale Plant 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 NOX, diluent, and stack gas volumetric flow rate
from the in-line/raw mill stack, as well as the stack gas volumetric
flow rate from the coal mill stack. The CEMS shall be used by the
[[Page 309]]
owner/operator to determine compliance with the emission limitation in
paragraph (k)(4) of this section. 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).
(ii) Method. Compliance with the ton per year NOX
emission limit described in paragraph (k)(4) of this section shall be
determined based on a rolling 12-month basis. The rolling 12-month
NOX emission rate for the kiln shall be calculated within 30
days following the end of each calendar month in accordance with the
following procedure: Step one, sum the hourly pounds of NOX
emitted for the month just completed and the eleven (11) months
preceding the month just completed, to calculate the total pounds of
NOX emitted over the most recent twelve (12) month period for
that kiln; Step two, divide the total pounds of NOX
calculated from Step one by two thousand (2,000) to calculate the total
tons of NOX. Each rolling 12-month NOX emission
rate shall include all emissions that occur during all periods within
the 12-month period, including emissions from startup, shutdown and
malfunction.
(iii) Upon and after the completion of installation of ammonia
injection on the unit, the owner/operator shall install, and thereafter
maintain and operate, instrumentation to continuously monitor and record
levels of ammonia injection for that unit.
(9) Recordkeeping. The owner/operator of each unit shall maintain
the following records for at least five years:
(i) All CEMS data, including the date, place, and time of sampling
or measurement; emissions and parameters sampled or measured; and
results.
(ii) All records of clinker production.
(iii) Daily 30-day rolling emission rates of NOX,
calculated in accordance with paragraph (k)(7)(ii) of this section.
(iv) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
specified by 40 CFR part 60, Appendix F, Procedure 1.
(v) Records of ammonia injection, as recorded by the instrumentation
required in paragraph (k)(7)(ii)(D) of this section.
(vi) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, CEMS and clinker
production measurement devices.
(vii) Any other records specified by 40 CFR part 60, subpart F, or
40 CFR part 60, Appendix F, Procedure 1.
(10) Alternative recordkeeping requirements. If the owner/operator
of the Clarkdale Plant chooses to comply with the emission limits of
paragraph (k)(4) of this section, the owner/operator shall maintain the
records listed in this paragraph in lieu of the records contained in
paragraph (k)(9) of this section. The owner or 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; emissions and parameters sampled or measured; and
results.
(ii) Monthly rolling 12-month emission rates of NOX,
calculated in accordance with paragraph (k)(8)(ii) of this section.
(iii) Records of quality assurance and quality control activities
for emissions measuring systems including, but not limited to, any
records specified by 40 CFR part 60, Appendix F, Procedure 1.
(iv) Records of ammonia injection, as recorded by the
instrumentation required in paragraph (k)(8)(iii) of this section.
(v) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS measurement
devices.
(vi) Any other records specified by 40 CFR part 60, subpart F, or 40
CFR part 60, Appendix F, Procedure 1.
(11) Reporting. All reports and notifications required under this
paragraph (k) shall be submitted by the owner/operator to U.S.
Environmental Protection Agency, Region 9, Enforcement Division via
electronic mail to [email protected] and to Air Division via
[[Page 310]]
electronic mail to [email protected]. Reports required under this
paragraph (k)(11)(iii) through (k)(11)(vii) of this section shall be
submitted within 30 days after the applicable compliance date in
paragraph (k)(5) of this section and at least semiannually thereafter,
within 30 days after the end of a semiannual period. The owner/operator
may submit reports more frequently than semiannually for the purposes of
synchronizing reports required under this section with other reporting
requirements, such as the title V monitoring report required by 40 CFR
70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual
period exceed six months.
(i) Prior to commencing construction of the ammonia injection
system, the owner/operator shall submit to the EPA a report describing
the design of the SNCR system. This report shall include: reagent type,
description of the locations selected for reagent injection, reagent
injection rate (expressed as a molar ratio of reagent to exhaust gas),
equipment list, equipment arrangement, and a summary of kiln
characteristics that were relied upon as the design basis for the SNCR
system.
(ii) Within 30 days following the NOX compliance date in
paragraph (k)(5)(i) of this section, the owner/operator shall submit to
the EPA a report of any process improvement or debugging activities that
were performed on the SNCR system. This report shall include: a
description of each process adjustment performed on the SNCR system or
the kiln, a discussion of whether the adjustment affected NOX
emission rates, a description of the range (if applicable) over which
the adjustment was examined, and a discussion of how the adjustment will
be reflected or accounted for in kiln operating practices. If CEMS data
or kiln operating data were recorded during process improvement or
debugging activities, the owner/operator shall submit the recorded CEMS
and kiln operating data with the report. The data shall be submitted in
an electronic format consistent with and able to be manipulated by a
spreadsheet program such as Microsoft Excel.
(iii) The owner/operator shall submit a report that lists the daily
30-day rolling emission rates for NOX.
(iv) The owner/operator shall submit excess emissions reports for
NOX limits. Excess emissions means emissions that exceed the
emissions limits specified in paragraph (k)(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.
(v) The owner/operator 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.
(vi) The owner/operator shall also submit results of any CEMS
performance tests specified by 40 CFR part 60, Appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(vii) 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 reports required by
paragraph (k)(9)(ii) of this section.
(12) Alternative reporting requirements. If the owner/operator of
the Clarkdale Plant chooses to comply with the emission limits of
paragraph (k)(4) of this section, the owner/operator shall submit the
reports listed in this paragraph in lieu of the reports contained in
paragraph (k)(11) of this section. All reports required under this
paragraph (k)(12) shall be submitted within 30 days after the applicable
compliance date in paragraph (k)(5) of this section and at least
semiannually thereafter, within 30 days after the end of a semiannual
period. The owner/operator may submit
[[Page 311]]
reports more frequently than semiannually for the purposes of
synchronizing reports required under this section with other reporting
requirements, such as the title V monitoring report required by 40 CFR
70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual
period exceed six months.
(i) The owner/operator shall submit a report that lists the monthly
rolling 12-month emission rates for NOX.
(ii) The owner/operator shall submit excess emissions reports for
NOX limits. Excess emissions means emissions that exceed the
emissions limits specified in paragraph (k)(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.
(iii) The owner/operator 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.
(iv) The owner/operator shall also submit results of any CEMS
performance tests specified by 40 CFR part 60, Appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(v) 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 reports required by
paragraph (k)(9)(ii) of this section.
(13) Notifications. (i) The 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 (k)(3) of this section.
(ii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
(iii) The owner/operator shall submit notification of initial
startup of any such equipment.
(iv) By June 30, 2018, the owner/operator of the Clarkdale Plant
shall notify EPA Region 9 by letter whether it will comply with the
emission limits in paragraph (k)(3)(i) of this section or whether it
will comply with the emission limits in paragraph (k)(4) of this
section. In the event that the owner/operator does not submit timely and
proper notification by June 30, 2018, the owner/operator of the
Clarkdale Plant may not choose to comply with the alternative emission
limits in paragraph (k)(4) of this section and shall comply with the
emission limits in paragraph (k)(3)(i) of this section.
(14) Equipment operation. (i) At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
Determination of whether acceptable operating and maintenance procedures
are being used will be based on information available to the Regional
Administrator which may include, but is not limited to, monitoring
results, review of operating and maintenance procedures, and inspection
of the unit.
(ii) After completion of installation of ammonia injection on a
unit, the owner or operator shall inject sufficient ammonia to achieve
compliance with NOX emission limits set forth in paragraph
(k)(3) of this section for that unit while preventing excessive ammonia
emissions.
(15) 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
[[Page 312]]
of any standard or applicable emission limit in the plan.
(l) Source-specific federal implementation plan for regional haze at
Hayden Copper Smelter--(1) Applicability. This paragraph (l) applies to
each owner/operator of batch copper converters 1, 3, 4 and 5 and anode
furnaces 1 and 2 at the copper smelting plant located in Hayden, Gila
County, Arizona.
(2) Definitions. Terms not defined in this paragraph (l)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing the Clean Air Act. For purposes of this paragraph (l):
Anode furnace means a furnace in which molten blister copper is
refined through introduction of a reducing agent such as natural gas.
Batch copper converter means a Peirce-Smith converter in which
copper matte is oxidized to form blister copper by a process that is
performed in discrete batches using a sequence of charging, blowing,
skimming, and pouring.
Blister copper means an impure form of copper, typically between 96
and 98 percent pure copper that is the output of the converters.
Calendar day means a 24 hour period that begins and ends at
midnight, local standard time.
Capture system means the collection of components used to capture
gases and fumes released from one or more emission points, and to convey
the captured gases and fumes to one or more control devices. A capture
system may include, but is not limited to, the following components as
applicable to a given capture system design: Duct intake devices, hoods,
enclosures, ductwork, dampers, manifolds, plenums, and fans.
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 emissions, other pollutant emissions, diluent,
or stack gas volumetric flow rate.
Copper matte means a material predominately composed of copper and
iron sulfides produced by smelting copper ore concentrates.
NOX means nitrogen oxides.
Owner/operator means any person who owns or who operates, controls,
or supervises the equipment identified in paragraph (l)(1) of this
section.
Regional Administrator means the Regional Administrator of EPA
Region 9 or his or her designated representative.
SO2 means sulfur dioxide.
(3) Emission capture. (i) The owner/operator must operate a capture
system that has been designed to maximize collection of process off
gases vented from each converter identified in paragraph (l)(1) of this
section. The capture system must include primary and secondary capture
systems as described in 40 CFR 63.1444(d)(2).
(ii) The operation of the batch copper converters, primary capture
system, and secondary capture system shall be optimized to capture the
maximum amount of process off gases vented from each converter at all
times.
(iii) The owner/operator shall prepare a written operation and
maintenance plan according to the requirements in paragraph (l)(3)(iv)
of this section and submit this plan to the Regional Administrator 180
days prior to the compliance date in paragraph (l)(5)(ii) of this
section. The Regional Administrator shall approve or disapprove the plan
within 180 days of submittal. At all times when one or more converters
are blowing, the owner/operator must operate the capture system
consistent with this plan.
(iv) The written operations and maintenance plan must address the
following requirements as applicable to the capture system or control
device.
(A) Preventative maintenance. The owner/operator must perform
preventative maintenance for each capture system and control device
according to written procedures specified in owner/operator's operation
and maintenance plan. The procedures must include a preventative
maintenance schedule that is consistent with the manufacturer's or
engineer's instructions for routine and long-term maintenance.
(B) Capture system inspections. The owner/operator must perform
capture system inspections for each capture
[[Page 313]]
system in accordance with the requirements of 40 CFR 63.1447(b)(2).
(C) Copper converter department capture system operating limits. The
owner/operator must establish, according to the requirements 40 CFR
63.1447(b)(3)(i) through (iii), operating limits for the capture system
that are representative and reliable indicators of the optimized
performance of the capture system, consistent with paragraph (l)(3)(ii)
of this section, when it is used to collect the process off-gas vented
from batch copper converters during blowing.
(4) Emission limitations and work practice standards. (i)
SO2 emissions collected by any primary capture system
required by paragraph (l)(3) of this section must be controlled by one
or more control devices and reduced by at least 99.8 percent, based on a
365-day rolling average.
(ii) SO2 emissions collected by any secondary capture
system required by paragraph (l)(3) of this section must be controlled
by one or more control devices and reduced by at least 98.5 percent,
based on a 365-day rolling average.
(iii) The owner/operator must not cause or allow to be discharged to
the atmosphere from any primary capture system required by paragraph
(l)(3) of this section off-gas that contains nonsulfuric acid
particulate matter in excess of 6.2 mg/dscm as measured using the test
methods specified in 40 CFR 63.1450(b).
(iv) The owner/operator must not cause or allow to be discharged to
the atmosphere from any secondary capture system required by paragraph
(l)(3) of this section off-gas that contains particulate matter in
excess of 23 mg/dscm as measured using the test methods specified in 40
CFR 63.1450(a).
(v) Total NOX emissions from anode furnaces 1 and 2 and
the batch copper converters shall not exceed 40 tons per 12-continuous
month period.
(vi) Anode furnaces 1 and 2 shall only be charged with blister
copper or higher purity copper. This charging limitation does not extend
to the use or addition of poling or fluxing agents necessary to achieve
final casting chemistry.
(5) Compliance dates. (i) The owner/operator of each batch copper
converter identified in paragraph (l)(1) of this section shall comply
with the emissions limitations in paragraphs (l)(4)(ii) and (l)(4)(iv)
of this section and other requirements of this section related to the
secondary capture system no later than September 3, 2018.
(ii) The owner/operator of each batch copper converter identified in
paragraph (l)(1) of this section shall comply with the emissions
limitations in paragraphs (l)(4)(i), (l)(4)(iii), (l)(4)(v), and
(l)(4)(vi) of this section and other requirements of this section,
except those requirements related to the secondary capture system, no
later than September 4, 2017.
(6) Compliance determination--(i) Continuous emission monitoring
system. At all times after the compliance date specified in paragraph
(l)(5) of this section, the owner/operator of each batch copper
converter identified in paragraph (l)(1) of this section shall maintain,
calibrate, and operate a CEMS, in full compliance with the requirements
found at 40 CFR 60.13 and 40 CFR part 60, appendices B and F, to
accurately measure the mass emission rate in pounds per hour of
SO2 emissions entering each control device used to control
emissions from the converters, and venting from the converters to the
atmosphere after passing through a control device or an uncontrolled
bypass stack. The CEMS shall be used by the owner/operator to determine
compliance with the emission limitation in paragraph (l)(4) of this
section. The owner/operator must operate the monitoring system and
collect data at all required intervals at all times that an 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).
(ii) Compliance determination for SO2 limit for the
converters. The 365-day rolling SO2 emission control
efficiency for the converters shall be calculated separately for the
primary capture system and the secondary capture system for each
calendar day in accordance with the following procedure: Step one, sum
[[Page 314]]
the hourly pounds of SO2 vented to each uncontrolled bypass
stack and to each control device used to control emissions from the
converters for the current calendar day and the preceding three-hundred-
sixty-four (364) calendar days, to calculate the total pounds of pre-
control SO2 emissions over the most recent three-hundred-
sixty-five (365) calendar day period; Step two, sum the hourly pounds of
SO2 vented to each uncontrolled bypass stack and emitted from
the release point of each control device used to control emissions from
the converters for the current calendar day and the preceding three-
hundred-sixty-four (364) calendar days, to calculate the total pounds of
post-control SO2 emissions over the most recent three-
hundred-sixty-five (365) calendar day period; Step three, divide the
total amount of post-control SO2 emissions calculated from
Step two by the total amount of pre-control SO2 emissions
calculated from Step one, subtract the resulting ratio from one, and
multiply the difference by 100 percent to calculate the 365-day rolling
SO2 emission control efficiency as a percentage.
(iii) Compliance determination for nonsulfuric acid particulate
matter. Compliance with the emission limit for nonsulfuric acid
particulate matter in paragraph (l)(4)(iii) of this section shall be
demonstrated by the procedures in 40 CFR 63.1451(b) and 63.1453(a)(2).
The owner/operator shall conduct an initial compliance test within 180
days after the compliance date specified in paragraph (l)(5) of this
section unless a test performed according to the procedures in 40 CFR
63.1450 in the past year shows compliance with the limit.
(iv) Compliance determination for particulate matter. Compliance
with the emission limit for particulate matter in paragraph (l)(4)(iv)
of this section shall be demonstrated by the procedures in 40 CFR
63.1451(a) and 63.1453(a)(1). The owner/operator shall conduct an
initial compliance test within 180 days after the compliance date
specified in paragraph (l)(5) of this section unless a test performed
according to the procedures in 40 CFR 63.1450 in the past year shows
compliance with the limit.
(v) Compliance determination for NOX. Compliance with the emission
limit for NOX in paragraph (l)(4)(v) of this section shall be
demonstrated by monitoring natural gas consumption in each of the units
identified in paragraph (l)(1) of this section for each calendar day. At
the end of each calendar month, the owner/operator shall calculate 12-
consecutive month NOX emissions by multiplying the daily
natural gas consumption rates for each unit by an approved emission
factor and adding the sums for all units over the previous 12-
consecutive month period.
(7) Alternatives to requirements to install CEMS. The requirement in
paragraph (l)(6)(i) of this section to install CEMS to measure the mass
of SO2 entering a control device or venting to the atmosphere
through uncontrolled bypass stacks will be waived if the owner/operator
complies with one of the options in this paragraph (l)(7).
(i) Acid plants. The owner/operator may calculate the pounds of
SO2 entering an acid plant during a calendar day by adding
the pounds of SO2 emitted through the acid plant tail stack
and 0.653 times the daily production of anhydrous sulfuric acid from the
acid plant.
(ii) Uncontrolled bypass stack. The owner/operator may calculate the
pounds of SO2 venting to the atmosphere through an
uncontrolled bypass stack based on test data provided the facility
operates according to a startup, shutdown, and malfunction plan
consistent with 40 CFR 63.6(e)(3) and the Regional Administrator has
approved a calculation methodology for planned and unplanned bypass
events.
(8) Capture system monitoring. For each operating limit established
under the capture system operation and maintenance plan required by
paragraph (l)(4) of this section, the owner/operator must install,
operate, and maintain an appropriate monitoring device according to the
requirements in 40 CFR 63.1452(a)(1) through (6) to measure and record
the operating limit value or setting at all times the required capture
system is operating. Dampers that are manually set and remain in the
same position at all times
[[Page 315]]
the capture system is operating are exempted from these monitoring
requirements.
(9) 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) 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.
(iii) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(iv) Any other records required by 40 CFR part 60, subpart F, or 40
CFR part 60, appendix F, Procedure 1.
(v) Records of all monitoring required by paragraph (l)(8) of this
section.
(vi) Records of daily sulfuric acid production in tons per day of
pure, anhydrous sulfuric acid if the owner/operator chooses to use the
alternative compliance determination method in paragraph (l)(7)(i) of
this section.
(vii) Records of planned and unplanned bypass events and
calculations used to determine emissions from bypass events if the
owner/operator chooses to use the alternative compliance determination
method in paragraph (l)(7)(ii) of this section.
(viii) Records of daily natural gas consumption in each units
identified in paragraph (l)(1) of this section and all calculations
performed to demonstrate compliance with the limit in paragraph
(l)(4)(vi) of this section.
(10) Reporting. All reports required under this section shall be
submitted by the owner/operator to the Director, Enforcement Division
(Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, California 94105-3901. All reports
required under this section shall be submitted within 30 days after the
applicable compliance date in paragraph (l)(5) of this section and at
least semiannually thereafter, within 30 days after the end of a
semiannual period. The owner/operator may submit reports more frequently
than semiannually for the purposes of synchronizing reports required
under this section with other reporting requirements, such as the title
V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no
point shall the duration of a semiannual period exceed six months.
(i) The owner/operator shall promptly submit excess emissions
reports for the SO2 limit. Excess emissions means emissions
that exceed the emissions limit specified in paragraph (d) 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. For the purpose of this paragraph (l)(10)(i), promptly shall
mean within 30 days after the end of the month in which the excess
emissions were discovered.
(ii) The owner/operator 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 semiannually.
(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, the
owner/operator shall state such information in the semiannual report.
(v) When performance testing is required to determine compliance
with an emission limit in paragraph (l)(4) of this section, the owner/
operator shall submit test reports as specified in 40 CFR part 63,
subpart A.
(11) Notifications. (i) The owner/operator shall notify EPA of
commencement of construction of any equipment
[[Page 316]]
which is being constructed to comply with the capture or emission limits
in paragraph (l)(3) or (4) of this section.
(ii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
(iii) The owner/operator shall submit notification of initial
startup of any such equipment.
(12) Equipment operations. At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
Determination of whether acceptable operating and maintenance procedures
are being used will be based on information available to the Regional
Administrator which may include, but is not limited to, monitoring
results, review of operating and maintenance procedures, and inspection
of the unit.
(13) 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.
(m) Source-specific federal implementation plan for regional haze at
Miami Copper Smelter--(1) Applicability. This paragraph (m) applies to
each owner/operator of batch copper converters 2, 3, 4 and 5 and the
electric furnace at the copper smelting plant located in Miami, Gila
County, Arizona.
(2) Definitions. Terms not defined in this paragraph (m)(2) shall
have the meaning given them in the Clean Air Act or EPA's regulations
implementing the Clean Air Act. For purposes of this paragraph (m):
Batch copper converter means a Hoboken converter in which copper
matte is oxidized to form blister copper by a process that is performed
in discrete batches using a sequence of charging, blowing, skimming, and
pouring.
Calendar day means a 24 hour period that begins and ends at
midnight, local standard time.
Capture system means the collection of components used to capture
gases and fumes released from one or more emission points, and to convey
the captured gases and fumes to one or more control devices. A capture
system may include, but is not limited to, the following components as
applicable to a given capture system design: duct intake devices, hoods,
enclosures, ductwork, dampers, manifolds, plenums, and fans.
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 emissions, other pollutant emissions, diluent,
or stack gas volumetric flow rate.
Copper matte means a material predominately composed of copper and
iron sulfides produced by smelting copper ore concentrates.
Electric furnace means a furnace in which copper matte and slag are
heated by electrical resistance without the mechanical introduction of
air or oxygen.
NOX means nitrogen oxides.
Owner/operator means any person who owns or who operates, controls,
or supervises the equipment identified in paragraph (m)(1) of this
section.
Slag means the waste material consisting primarily of iron sulfides
separated from copper matte during the smelting and refining of copper
ore concentrates.
SO2 means sulfur dioxide.
(3) Emission capture. (i) The owner/operator of the batch copper
converters identified in paragraph (m)(1) of this section must operate a
capture system that has been designed to maximize collection of process
off gases vented from each converter. The capture system must include a
primary capture system as described in 40 CFR 63.1444(d)(3) and a
secondary capture
[[Page 317]]
system designed to maximize the collection of emissions not collected by
the primary capture system.
(ii) The operation of the batch copper converters, primary capture
system, and secondary capture system shall be optimized to capture the
maximum amount of process off gases vented from each converter at all
times.
(iii) The owner/operator shall prepare a written operation and
maintenance plan according to the requirements in paragraph (m)(3)(iv)
of this section and submit this plan to the Regional Administrator 180
days prior to the compliance date in paragraph (m)(5) of this section.
The Regional Administrator shall approve or disapprove the plan within
180 days of submittal. At all times when one or more converters are
blowing, the owner/operator must operate the capture system consistent
with this plan.
(iv) The written operations and maintenance plan must address the
following requirements as applicable to the capture system or control
device.
(A) Preventative maintenance. The owner/operator must perform
preventative maintenance for each capture system and control device
according to written procedures specified in owner/operator's operation
and maintenance plan. The procedures must include a preventative
maintenance schedule that is consistent with the manufacturer's or
engineer's instructions for routine and long-term maintenance.
(B) Capture system inspections. The owner/operator must perform
capture system inspections for each capture system in accordance with
the requirements of 40 CFR 63.1447(b)(2).
(C) Copper converter department capture system operating limits. The
owner/operator must establish, according to the requirements 40 CFR
63.1447(b)(3)(i) through (iii), operating limits for the capture system
that are representative and reliable indicators of the performance of
capture system when it is used to collect the process off-gas vented
from batch copper converters during blowing.
(4) Emission limitations and work practice standards. (i)
SO2 emissions collected by the capture system required by
paragraph (m)(3) of this section must be controlled by one or more
control devices and reduced by at least 99.7 percent, based on a 365-day
rolling average.
(ii) The owner/operator must not cause or allow to be discharged to
the atmosphere from any primary capture system required by paragraph
(m)(3) of this section off-gas that contains nonsulfuric acid
particulate matter in excess of 6.2 mg/dscm as measured using the test
methods specified in 40 CFR 63.1450(b).
(iii) Total NOX emissions the electric furnace and the
batch copper converters shall not exceed 40 tons per 12-continuous month
period.
(iv) The owner/operator shall not actively aerate the electric
furnace.
(5) Compliance dates. (i) The owner/operator of each batch copper
converter identified in paragraph (m)(1) of this section shall comply
with the emission capture requirement in paragraph (m)(3) of this
section; the emission limitation in paragraph (m)(4)(i) of this section;
the compliance determination requirements in paragraphs (m)(6)(i) and
(ii) and (m)(7) of this section; the capture system monitoring
requirements in paragraph (m)(8) of this section; the recordkeeping
requirements in paragraphs (m)(9)(i) through (viii) of this section; and
the reporting requirements in paragraphs (m)(10)(i) through (iv) of this
section no later than January 1, 2018.
(ii) The owner/operator of each batch copper converter and the
electric furnace identified in paragraph (m)(1) of this section shall
comply with all requirements of this paragraph (m) except those listed
in paragraph (m)(5)(i) of this section no later than September 2, 2016.
(6) Compliance determination--(i) Continuous emission monitoring
system. At all times after the compliance date specified in paragraph
(m)(5) of this section, the owner/operator of each batch copper
converter identified in paragraph (m)(1) of this section shall maintain,
calibrate, and operate a CEMS, in full compliance with the requirements
found at 40 CFR 60.13 and 40 CFR part 60, appendices B and F, to
accurately measure the mass emission rate in pounds per hour of
SO2 emissions entering each control device used
[[Page 318]]
to control emissions from the converters, and venting from the
converters to the atmosphere after passing through a control device or
an uncontrolled bypass stack. The CEMS shall be used by the owner/
operator to determine compliance with the emission limitation in
paragraph (m)(4)(i) of this section. The owner/operator must operate the
monitoring system and collect data at all required intervals at all
times that an 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).
(ii) Compliance determination for SO2. The 365-day rolling
SO2 emission control efficiency for the converters shall be
calculated for each calendar day in accordance with the following
procedure: Step one, sum the hourly pounds of SO2 vented to
each uncontrolled bypass stack and to each control device used to
control emissions from the converters for the current calendar day and
the preceding three-hundred-sixty-four (364) calendar days, to calculate
the total pounds of pre-control SO2 emissions over the most
recent three-hundred-sixty-five (365) calendar day period; Step two, sum
the hourly pounds of SO2 vented to each uncontrolled bypass
stack and emitted from the release point of each control device used to
control emissions from the converters for the current calendar day and
the preceding three-hundred-sixty-four (364) calendar days, to calculate
the total pounds of post-control SO2 emissions over the most
recent three-hundred-sixty-five (365) calendar day period; Step three,
divide the total amount of post-control SO2 emissions
calculated from Step two by the total amount of pre-control
SO2 emissions calculated from Step one, subtract the
resulting ratio from one, and multiply the difference by 100 percent to
calculate the 365-day rolling SO2 emission control efficiency
as a percentage.
(iii) Compliance determination for nonsulfuric acid particulate
matter. Compliance with the emission limit for nonsulfuric acid
particulate matter in paragraph (m)(4)(ii) of this section shall be
demonstrated by the procedures in 40 CFR 63.1451(b) and 63.1453(a)(2).
The owner/operator shall conduct an initial compliance test within 180
days after the compliance date specified in paragraph (m)(5) of this
section unless a test performed according to the procedures in 40 CFR
63.1450 in the past year shows compliance with the limit.
(iv) Compliance determination for NOX. Compliance with the emission
limit for NOX in paragraph (m)(4)(iii) of this section shall
be demonstrated by monitoring natural gas consumption in each of the
units identified in paragraph (m)(1) of this section for each calendar
day. At the end of each calendar month, the owner/operator shall
calculate monthly and 12-consecutive month NOX emissions by
multiplying the daily natural gas consumption rates for each unit by an
approved emission factor and adding the sums for all units over the
previous 12-consecutive month period.
(7) Alternatives to requirements to install CEMS. The requirement in
paragraph (m)(6)(i) of this section to install CEMS to measure the mass
of SO2 entering a control device or venting to the atmosphere
through uncontrolled bypass stacks will be waived if the owner/operator
complies with one of the options in this paragraph (m)(7).
(i) Acid plants. The owner/operator may calculate the pounds of
SO2 entering an acid plant during a calendar day by adding
the pounds of SO2 emitted through the acid plant tail stack
and 0.653 times the daily production of anhydrous sulfuric acid from the
acid plant.
(ii) Alkali scrubber. The owner/operator may calculate the pounds of
SO2 entering an alkali scrubber during a calendar day by
using the following equation:
Min,SO2 = Mout,SO2 + SF*Malk
Where:
Min,SO2 is the calculated mass of SO2 entering the
scrubber during a calendar day;
Mout,SO2 is the mass of SO2 emitted through the
scrubber stack measured by the CEMS for the calendar day;
SF is a stoichiometric factor; and
Malk is the mass of alkali added to the scrubber liquor
during the calendar day.
[[Page 319]]
SF shall equal:
1.14 if the alkali species is calcium oxide (CaO);
1.59 if the alkali species is magnesium oxide (MgO);
0.801 if the alkali species is sodium hydroxide (NaOH); or
Another value if the owner/operator has received approval from the
Regional Administrator in advance.
(iii) Uncontrolled bypass stack. The owner/operator may calculate
the pounds of SO2 venting to the atmosphere through an
uncontrolled bypass stack based on test data provided the facility
operates according to a startup, shutdown, and malfunction plan
consistent with 40 CFR 63.6(e)(3) and EPA has approved a calculation
methodology for planned and unplanned bypass events.
(8) Capture system monitoring. For each operating limit established
under the capture system operation and maintenance plan required by
paragraph (m)(3) of this section, the owner/operator must install,
operate, and maintain an appropriate monitoring device according to the
requirements in 40 CFR 63.1452(a)(1) though (6) to measure and record
the operating limit value or setting at all times the required capture
system is operating. Dampers that are manually set and remain in the
same position at all times the capture system is operating are exempted
from these monitoring requirements.
(9) 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) 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.
(iii) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(iv) Any other records required by 40 CFR part 60, subpart F, or 40
CFR part 60, appendix F, Procedure 1.
(v) Records of all monitoring required by paragraph (m)(8) of this
section.
(vi) Records of daily sulfuric acid production in tons per day of
pure, anhydrous sulfuric acid if the owner/operator chooses to use the
alternative compliance determination method in paragraph (m)(7)(i) of
this section.
(vii) Records of daily alkali consumption in tons per day of pure,
anhydrous alkali if the owner/operator chooses to use the alternative
compliance determination method in paragraph (m)(7)(ii) of this section.
(viii) Records of planned and unplanned bypass events and
calculations used to determine emissions from bypass events if the
owner/operator chooses to use the alternative compliance determination
method in paragraph (m)(7)(iii) of this section.
(ix) Records of daily natural gas consumption in each units
identified in paragraph (m)(1) of this section and all calculations
performed to demonstrate compliance with the limit in paragraph
(m)(4)(iv) of this section.
(10) Reporting. All reports required under this section shall be
submitted by the owner/operator to the Director, Enforcement Division
(Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75
Hawthorne Street, San Francisco, California 94105-3901. All reports
required under this section shall be submitted within 30 days after the
applicable compliance date in paragraph (m)(5) of this section and at
least semiannually thereafter, within 30 days after the end of a
semiannual period. The owner/operator may submit reports more frequently
than semiannually for the purposes of synchronizing reports required
under this section with other reporting requirements, such as the title
V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no
point shall the duration of a semiannual period exceed six months.
(i) The owner/operator shall promptly submit excess emissions
reports for the SO2 limit. Excess emissions means emissions
that exceed the emissions limit specified in paragraph (d) 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
[[Page 320]]
of the unit, the nature and cause of any malfunction (if known), and the
corrective action taken or preventative measures adopted. For the
purpose of this paragraph (m)(10)(i), promptly shall mean within 30 days
after the end of the month in which the excess emissions were
discovered.
(ii) The owner/operator 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 semiannually.
(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, the
owner/operator shall state such information in the semiannual report.
(v) When performance testing is required to determine compliance
with an emission limit in paragraph (m)(4) of this section, the owner/
operator shall submit test reports as specified in 40 CFR part 63,
subpart A.
(11) Notifications.
(i) The owner/operator shall notify EPA of commencement of
construction of any equipment which is being constructed to comply with
the capture or emission limits in paragraph (m)(3) or (4) of this
section.
(ii) The owner/operator shall submit semiannual progress reports on
construction of any such equipment.
(iii) The owner/operator shall submit notification of initial
startup of any such equipment.
(12) Equipment operations. At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
Determination of whether acceptable operating and maintenance procedures
are being used will be based on information available to the Regional
Administrator which may include, but is not limited to, monitoring
results, review of operating and maintenance procedures, and inspection
of the unit.
(13) Enforcement. Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as to
whether the unit would have been in compliance with applicable
requirements if the appropriate performance or compliance test had been
performed, can be used to establish whether or not the owner or operator
has violated or is in violation of any standard or applicable emission
limit in the plan.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
56 FR 50186, Oct. 3, 1991; 61 FR 14975, Apr. 4, 1996; 77 FR 72577, Dec.
5, 2012; 78 FR 46175, July 30, 2013; 78 FR 48330, Aug. 8, 2013; 79 FR
52479, Sept. 3, 2014; 80 FR 19225, Apr. 10, 2015; 80 FR 21179, Apr. 17,
2015; 81 FR 21746, Apr. 13, 2016; 81 FR 83149, Nov. 21, 2016; 82 FR
3128, Jan. 10, 2017; 82 FR 15153, Apr. 26, 2017; 82 FR 46915, Oct. 10,
2017]
Sec. 52.146 Particulate matter (PM-10) Group II SIP commitments.
(a) On December 28, 1988, the Governor's designee for Arizona
submitted a revision to the State Implementation Plan (SIP) for Casa
Grande, Show Low, Safford, Flagstaff and Joseph City, that contains
commitments, from the Director of the Arizona Department of
Environmental Quality, for implementing all of the required activities
including monitoring, reporting, emission inventory, and other tasks
that may be necessary to satisfy the requirements of the PM-10 Group II
SIPs.
(b) The Arizona Department of Environmental Quality has committed to
comply with the PM-10 Group II State Implementation Plan (SIP)
requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph
City as provided in the PM-10 Group II SIPs for these areas.
(c) On December 28, 1988, the Governor's designee for Arizona
submitted a revision to the State Implementation
[[Page 321]]
Plan (SIP) for Ajo, that contains commitments from the Director of the
Arizona Department of Environmental Quality, for implementing all of the
required activities including monitoring, reporting, emission inventory,
and other tasks that may be necessary to satisfy the requirements of the
PM-10 Group II SIPs.
(d) The Arizona Department of Environmental Quality has committed to
comply with the PM-10 Group II State Implementation Plan (SIP)
requirements.
[55 FR 17437, Mar. 27, 1990 and 55 FR 18108, May 1, 1990]
Sec. 52.147 Interstate transport.
(a) Approval. The SIP submitted on May 24, 2007 meets the
requirements of Clean Air Act section 110(a)(2)(D)(i)(I) (contribute
significantly to nonattainment or interfere with maintenance of the
NAAQS in any other state) and section 110(a)(2)(D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration of
air quality, only) for the 1997 8-hour ozone and 1997 PM2.5
NAAQS.
(b) Disapproval. The SIPs submitted on May 24, 2007, February 28,
2011, and May 3, 2013 do not meet the requirements of Clean Air Act
section 110(a)(2)(D)(i)(II) (interfere with measures in any other state
to protect visibility, only) for the 1997 8-hour ozone and 1997
PM2.5 NAAQS.
(c) Approval. The SIP submitted on October 14, 2009 meets the
requirements of Clean Air Act section 110(a)(2)(D)(i)(I) (contribute
significantly to nonattainment or interfere with maintenance of the
NAAQS in any other state) for the 2006 PM2.5 NAAQS.
(d) Disapproval. The SIPs submitted on October 14, 2009 and August
24, 2012 do not meet the requirements of Clean Air Act section
110(a)(2)(D)(i)(II) (interfere with measures in any other state to
prevent significant deterioration of air quality, only) for the 2006
PM2.5 NAAQS.
(e) Disapproval. The SIPs submitted on October 14, 2009, February
28, 2011, and May 3, 2013 do not meet the requirements of Clean Air Act
section 110(a)(2)(D)(i)(II) (interfere with measures in any other state
to protect visibility, only) for the 2006 PM2.5 NAAQS.
[78 FR 46175, July 30, 2013]
Sec. 52.150 Yavapai-Apache Reservation.
(a) The provisions for prevention of significant deterioration of
air quality at 40 CFR 52.21 are applicable to the Yavapai-Apache
Reservation, pursuant to Sec. 52.21(a).
(b) In accordance with section 164 of the Clean Air Act and the
provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is
designated as a Class I area for the purposes of preventing significant
deterioration of air quality.
[61 FR 56470, Nov. 1, 1996]
Sec. 52.151 Operating permits.
Insofar as the permitting threshold provisions in the Pinal County
Code of Regulations for the Pinal County Air Quality Control District
concern the treatment of sources of greenhouse gas emissions as major
sources for purposes of title V operating permits, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2 equivalent emissions, as well as 100 tpy on a mass basis,
as of July 1, 2011.
[75 FR 82266, Dec. 30, 2010]
Sec. 52.152 Original identification of plan.
(a) This section identified the original ``The State of Arizona Air
Pollution Control Implementation Plan'' and all revisions submitted by
the State of Arizona that were federally approved prior to June 30,
2016.
(b) The plan was officially submitted on January 28, 1972.
(1) Arizona State Department of Health.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement: Arizona Revised Statutes
section 36-1700 (``Declaration of Policy'')
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Letter of intent to revise plan submitted on March 1, 1972, by
the Arizona State Board of Health.
[[Page 322]]
(2) Letter of intent to revise plan submitted on March 2, 1972, by
the Governor.
(3) Revised implementation plan submitted on May 30, 1972, by the
Governor.
(i) Maricopa County Bureau of Air Pollution Control.
(A) Previously approved on July 27, 1972 and now deleted without
replacement Rules 60 to 67.
(ii) Arizona State Department of Health.
(A) Previously approved on July 27, 1972 in paragraph (c)(3) of this
section and now deleted without replacement: Chapter 2 (``Legal
Authority''), Section 2.9 (``Jurisdiction over Indian lands''); Arizona
Revised Statutes sections 36-1700 (``Declaration of Policy'') and 36-
1801 (``Jurisdiction over Indian Lands''); and Arizona State Department
of Health, Rules and Regulations for Air Pollution Control 7-1-4.3
(``Sulfite Pulp Mills'') and 7-1-9.1 (``Policy and Legal Authority'').
(4) Transportation control plan submitted on April 11, 1973, by the
Governor.
(5) Amendments (Non-regulatory) to the transportation control plan
submitted on May 10, 1973, by the Governor.
(6) Arizona Air Pollution Control Regulations (numbers in
parentheses indicate recodification of regulations as identified in the
Arizona State Implementation Plan Semi-Annual Report submitted to EPA on
September 4, 1975).
7-1-1.1 (R9-3-101) (Policy and Legal Authority)
7-1-1.3 (R9-3-103) (Air Pollution Prohibited)
7-1-1.5 (R9-3-105) (Enforcement)
7-1-4.3 (R9-3-403) (Sulfur Emissions: Sulfite Pulp Mills)
7-1-4.4 (R9-3-404) (Sulphur Emissions: Sulfuric Acid Plants)
7-1-4.5 (R9-3-405) (Sulphur Emissions: Other Industries)
7-1-5.1 (R9-3-501) (Storage of Volatile Organic Compounds)
7-1-5.2 (R9-3-502) (Loading of Volatile Organic Compounds)
7-1-5.3 (R9-3-503) (Organic Compound Emissions: Pumps and Compressors)
7-1-5.4 (R9-3-504) (Organic Solvents)
7-1-6.1 (R9-3-601) (Carbon Monoxide Emissions: Industrial)
7-1-7.1 (R9-3-701) (Nitrogen Oxide Emissions: Fuel Burning
Installations)
7-1-7.2 (R9-3-702) (Nitrogen Oxide Emissions: Nitric Acid Plants
7-1-8.3 (R9-3-803) (New Installations)
Submitted on August 20, 1973.
(i) Arizona State Department of Health.
(A) Previously approved on July 31, 1978 in paragraph (c)(6) of this
section and now deleted without replacement: Arizona Air Pollution
Control Regulation 7-1-4.3 (R9-3-403) (``Sulfur Emissions: Sulfite Pulp
Mills'').
(7) Revised transportation control plan submitted on September 11,
1973, by the Governor.
(8) Letter supplementing the revised transportation control plan
encouraging mass transit, carpooling, etc., submitted on September 21,
1973, by the Governor.
(9) Letter supplementing the revised transportation control plan
encouraging mass transit, carpooling, etc., submitted on October 2,
1973, by the Governor.
(10) Maricopa County Air Pollution Control District Regulation III,
Rule 31 (Particulate Matter Emissions) submitted on January 28, 1974.
(11) Arizona Air Pollution Control Regulation 7-1-1.7 (R9-3-107)
(Unlawful open burning) submitted on February 19, 1974.
(12) Pima County Air Pollution Control District Regulation II, Rule
2 (Particulate matter emissions) submitted on March 19, 1974.
(13) Air quality maintenance area designation analysis submitted on
April 17, 1974, by the Arizona Department of Health Services.
(14) Arizona Air Pollution Control Regulations:
7-1-2.10 (R9-3-210) (Emergency Episode Criteria)
7-1-4.2 (R9-3-402) (Sulfur Emissions: Fuel Burning Installations)
Submitted on August 30, 1974.
(15) Arizona Air Pollution Control regulations 7-1-8.1 (R9-3-801)
(Original State jurisdiction); 7-1-8.2 (R9-3-802) (Assertions of
jurisdiction); 7-1-8.3 (R9-3-803) (Delegation of authority); 7-1-11.3
(R9-3-1203) (Suspension and revocation of permits); 7-1-11.4 (R9-3-1204)
(Permits non-transferable); 7-1-11.5 (R9-3-1205) (Posting of permits);
7-1-11.6 (R9-3-1206) (Notice by permit agencies); 7-1-11.7 (R9-3-1207)
(Equipment
[[Page 323]]
covered); 7-1-11.9 (R9-3-1209) (Permit Fees); and 7-1-1.4 (R9-3-104)
(Recordkeeping and reporting) submitted September 27, 1974.
(16) Assertion of State Jurisdiction over Apache, Navajo, Santa Cruz
and Yavapai Counties; Assertion of State Jurisdiction over Cochise
County; and Assertion of State Jurisdiction over specific sources in
Mohave County.
Submitted on February 3, 1975.
(17) Amendments to the Rules and Regulations of the Pima County Air
Pollution Control District (Regulation I: Rules 2, 4D, 4E, 4J, 8G, 16C,
29, and 30) submitted on February 20, 1975, by the Director, Arizona
Department of Health Services (the Governor's official representative).
(18) Air pollution control regulations for various counties
submitted by the Governor on July 1, 1975, as follows:
(i) Coconino County Air Pollution Control Regulations.
12-1-1 (Legal Authority)
12-1-2 (Definitions)
12-1-3 (Air Pollution Prohibited)
12-2-2 (Operating Permits)
12-2-4 (Permit Fees)
12-2-5 (Permit Renewals)
12-2-7 (Testing of Installations)
12-2-8 (Compliance with Terms of Installation Permit)
12-2-9 (Notification of Denial of Permit)
12-2-10 (Appeals to the Hearing Board)
12-2-11 (Permits Not Transferable)
12-2-12 (Expiration of Installation Permit)
12-2-13 (Posting of Permits)
12-3-1 (Ambient Air Quality Standards)
12-3-2 (Emission Standards)
12-3-3 (Reporting of Emissions)
12-3-4 (Production of Records: Confidentiality)
12-3-5 (Monitoring Devices)
12-3-6 (Penalty for Violation)
12-4-1 (Shade, Density, or Opacity of Emissions)
12-4-2 (Dust Control)
12-4-3 (Processing of Animal or Vegetable Matter)
12-4-4 (Volatile and Odorous Materials)
12-4-5 (Storage and Handling of Petroleum Products)
12-5-1 (Permit Required)
12-5-2 (Performance Tests: Permit Tags)
12-5-3 (Emission Limitations)
12-5-4 (Authority of Other Public Agencies)
12-6-1 (Unlawful Open Burning)
12-6-2 (Exceptions Requiring no Permission)
12-6-3 (Exceptions Requiring Permission)
12-6-4 (Exceptions Under Special Circumstances)
12-7-1 (Misdemeanor: Penalty)
12-7-2 (Order of Abatement)
12-7-3 (Hearings on Orders of Abatement)
12-7-5 (Notice of Hearing; Publication; Service)
12-7-6 (Injunctive Relief)
(A) Previously approved on November 15, 1978 and now deleted without
replacement Rules 12-7-2, 12-7-3, 12-7-5, and 12-7-6.
(B) Previously approved on November 15, 1978 in paragraph (i) of
this section and now deleted without replacement Rules 12-1-1 through
12-1-3, 12-2-2, 12-2-4, 12-2-5, 12-2-7 through 12-2-13, 12-3-1, 12-3-3
through 12-3-6, 12-4-1 through 12-4-5, 12-5-1 through 12-5-4, 12-6-1
through 12-6-4, and 12-7-1.
(ii) Mohave County Air Pollution Control Regulations.
Sec. 1, Reg. 1 (Policy and Legal Authority)
Sec. 1, Reg. 2 (Definitions)
Sec. 1, Reg. 3 (Air Pollution Prohibited)
Sec. 1, Reg. 4 (Enforcement)
Sec. 2, Reg. 1 (Shade, Density or Opacity of Emissions)
Sec. 2, Reg. 2 (Particulate Matter)
Sec. 2, Reg. 3 (Reduction of Animal or Vegetable Matter)
Sec. 2, Reg. 4 (Evaporation and Leakage)
Sec. 2, Reg. 5 (Storage Tanks)
Sec. 3, Reg. 1 (Particulate Matter from Fuel Burning Installations)
Sec. 3, Reg. 2 (Particulate Matter from Other Sources)
Sec. 3, Reg. 3 (Sulfur from Primary Copper Smelters)
Sec. 3, Reg. 4 (Ground Level Concentrations)
Sec. 3, Reg. 5 (Exceptions)
Sec. 3, Reg. 6 (Incinerators)
Sec. 4, Reg. 1 and Reg. 2 (Responsibility and Requirements of Testing)
Sec. 5, Reg. 1 (Open Fires: Prohibition and Exceptions)
Sec. 6, Reg. 1 (Sulfur Dioxide)
Sec. 6, Reg. 2 (Non-Specific Particulate)
Sec. 6, Reg. 3 (Evaluation)
Sec. 6, Reg. 4 (Anti-Degradation)
Sec. 7 (Violations)
(A) Previously approved on November 15, 1978 in paragraph (ii) of
this section and now deleted without replacement Rules 1-1 through 1-4,
2-1 through 2-5, 3-1, 3-2, 3-6, 4-1, 4-2, 5-1, 6-1 through 6-4, and 7.
(iii) Yuma County Air Pollution Control Regulations.
8-1-1.1 (Policy and Legal Authority)
8-1-1.2 (Definitions)
8-1-1.3 (Air Pollution Prohibited)
8-1-1.4 (Recordkeeping and Reporting)
[[Page 324]]
8-1-1.5 (Enforcement)
8-1-1.6 (Exceptions)
8-1-2.1 (Non-Specific Particulate)
8-1-2.2 (Sulfur Dioxide)
8-1-2.3 (Non-Methane Hydrocarbons)
8-1-2.4 (Photochemical Oxidants)
8-1-2.5 (Carbon Monoxide)
8-1-2.6 (Nitrogen Dioxide)
8-1-2.7 (Evaluation)
8-1-2.10 (Emergency Episode Criteria)
8-1-3.1 (Visible Emissions; General)
8-1-3.2 (Fugitive Dust)
8-1-3.3 (Particulates--Incineration)
8-1-3.4 (Particulates--Wood Waste Burners)
8-1-3.5 (Particulates--Fuel Burning Equipment)
8-1-3.6 (Particulates--Process Industries)
8-1-4.2 (Fuel Burning Installations)
8-1-4.3 (Sulfur Emissions--Sulfite Pulp Mills)
8-1-4.4 (Sulfur Emissions--Sulfuric Acid Plants)
8-1-4.5 (Sulfur Emissions--Other Industries)
8-1-5.1 (Storage of Volatile Organic Compounds)
8-1-5.2 (Loading of Volatile Organic Compounds)
8-1-5.3 (Pumps and Compressors)
8-1-5.4 (Organic Solvents; Other Volatile Compounds)
8-1-6.1 (CO2 Emissions--Industrial)
8-1-7.1 (NO2 Emissions--Fuel Burning Equipment)
8-1-7.2 (NO2 Emissions--Nitric Acid Plants)
8-1-8.1 (Open Burning--Prohibition)
8-1-8.2 (Open Burning--Exceptions)
(A) Previously approved on November 15, 1978 in paragraph (iii) of
this section and now deleted without replacement Rules 8-1-1.1, 8-1-2.7,
8-1-2.10, 8-1-4.2 through 8-1-4.5, 8-1-5.1 through 8-1-5.4, 8-1-6.1, 8-
1-7.1, 8-1-7.2, 8-1-8.1, and 8-1-8.2.
(iv) Pinal-Gila Counties Air Pollution Control Regulations.
7-1-1.1 (Policy and Legal Authority)
7-1-1.2 (Definitions)
7-1-1.3 (Air Pollution Prohibited)
7-1-2.2 (Permit Unit Description and Fees)
7-1-2.4 (Appeals to Hearing Board)
7-1-2.5 (Transfer: Posting: Expirations)
7-1-2.6 (Recordkeeping and Reporting)
7-1-2.7 (Enforcement)
7-1-2.8 (Exceptions)
7-1-4.1 and 7-1-4.2 (Orders of Abatement)
7-1-5.1 (Classification and Reporting: Production of Records: Violation:
and Penalty)
7-1-5.2 (Special Inspection Warrant)
7-1-5.3 (Decisions of Hearing Boards: Subpoenas)
7-1-5.4 (Judicial Review: Grounds: Procedures)
7-1-5.5 (Notice of Hearing: Publication: Service)
7-1-5.6 (Injunctive Relief)
7-2-1.1 (Non-Specific Particulate)
7-2-1.2 (Sulfur Dioxide)
7-2-1.3 (Non-Methane Hydrocarbons)
7-2-1.4 (Photochemical Oxidants)
7-2-1.5 (Carbon Monoxide)
7-2-1.6 (Nitrogen Dioxide)
7-2-1.7 (Evaluation)
7-2-1.8 (Anti-Degradation)
7-3-1.1 (Visible Emissions: General)
7-3-1.2 (Particulate Emissions--Fugitive Dust)
7-3-1.3 (Open Burning)
7-3-1.4 (Particulate Emissions--Incineration)
7-3-1.5 (Particulate Emissions--Wood-Waste Burners)
7-3-1.6 (Reduction of Animal or Vegetable Matter)
7-3-1.7 (Particulate Emissions--Fuel Burning Equipment)
7-3-1.8 (Particulate Emissions--Process Industries)
7-3-2.1 (Copper Smelters)
7-3-2.2 (SO2 Emissions--Fuel Burning Installations)
7-3-2.3 (SO2 Emissions--Sulfite Pulp Mills)
7-3-2.4 (SO2 Emissions--Sulfuric Acid Plants)
7-3-2.5 (Other Industries)
7-3-3.1 (Storage of Volatile Organic Compounds)
7-3-3.2 (Loading of Volatile Organic Compounds)
7-3-3.3 (Pumps and Compressors)
7-3-3.4 (Organic Solvents: Other Volatile Compounds)
7-3-4.1 (CO2 Emissions--Industrial)
7-3-5.1 (NO2 Emissions--Fuel Burning Equipment)
7-3-5.2 (NO2 Emissions--Nitric Acid Plants)
7-3-6.1 (Policy and Legal Authority)
(A) Previously approved on November 15, 1978 and now deleted without
replacement Rules 7-1-4.1 to 7-1-4.2 and 7-1-5.1 to 7-1-5.6.
(B) Previously approved on November 15, 1978 and now deleted without
replacement Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-6.1.
(C) Previously approved on December 17, 1979 and now deleted without
replacement Rule 7-3-2.5.
(D) Previously approved on November 15, 1978 in paragraph
(c)(18)(iv) of this section and now deleted without replacement Rules 7-
1-1.1, 7-1-1.3, 7-1-2.5, 7-1-2.6, 7-2-1.1, 7-2-1.2, 7-2-1.4, 7-2-1.5, 7-
2-1.6, 7-2-1.7, and 7-3-1.6.
(E) Previously approved on December 17, 1979 in paragraph
(c)(18)(iv) of this section and now deleted without replacement Rule 7-
2-1.8.
[[Page 325]]
(F) Previously approved on November 15, 1978 in paragraph
(c)(18)(iv) of this section and now deleted without replacement with
respect to Gila County only Rules 7-3-1.2, 7-3-1.3, 7-3-1.4, 7-3-1.5, 7-
3-1.7, 7-3-1.8, 7-3-2.2, 7-3-2.3, 7-3-2.4, 7-3-3.1, 7-3-3.2, 7-3-3.3, 7-
3-4.1, 7-3-5.1, and 7-3-5.2.
(G) Previously approved on December 17, 1979 in paragraph
(c)(18)(iv) of this section and now deleted without replacement with
respect to Gila County only Rule 7-3-2.5.
(19) Arizona Air Pollution Control Regulations, submitted on
September 16, 1975: R9-3-102 (Definitions), R9-3-108 (Test Methods and
Procedures), R9-3-302 (Particulate Emissions: Fugitive Dust), R9-3-303
(Particulate Emissions: Incineration), R9-3-304 (Particulate Emissions:
Wood Waste Burners), R9-3-305 (Particulate Emissions: Fuel Burning
Equipment), R9-3-307 (Particulate Emissions: Portland Cement Plants);
and R9-3-308 (Particulate Emissions: Heater-Planers), submitted on
September 16, 1975.
(20) Arizona Air Pollution Control Regulations R9-3-505 (Gasoline
Volatility Testing); R9-3-506 (Gasoline Volatility Standards); R9-3-1001
(Policy and Legal Authority); R9-3-1020 (State Stations Acting as Fleet
Inspection Stations); any Fleet Inspection Stations for State Stations);
submitted on January 23, 1976.
(i) Arizona State Department of Health.
(A) Previously approved on August 4, 1978 in paragraph (c)(20) of
this section and now deleted without replacement: Arizona Air Pollution
Control Regulation R9-3-1001 (``Policy and Legal Authority'').
(21) Amendments to the rules and Regulations of the Pima County Air
Pollution Control District (Regulation I:
Rule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning
Equipment): Rule 2G (paragraphs 1-4c, Particulate Emissions), Rule 7A
(paragraphs 1-6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1-4,
Nitrogen Oxide Emission); Regulation VI: Rule 1A-H, (Ambient Air Quality
Standards); Regulation VII (paragraph A-D, Standards of Performance for
New Stationary Sources); and Regulation VIII (paragraphs A-C, Emission
Standards for Hazardous Air Pollutants)) submitted on September 30, 1976
by the Director, Arizona Department of Health Services (the Governor's
official representative).
(22)-(23) [Reserved]
(24) Arizona Air Pollution Control Regulations R9-3-1002
(Definitions); R9-3-1003 (Vehicles To Be Inspected by the Mandatory
Vehicular Emissions Inspection Program); R9-3-1004 (State Inspection
Requirements); R9-3-1005 (Time of Inspections); R9-3-1006 (Mandatory
Vehicular Emissions Inspection); R9-3-1007 (Evidence of Meeting State
Inspection Requirements); R9-3-1008 (Procedure for Issuing Certificates
of Waiver); R9-3-1010 (Low Emissions Tune Up); R9-3-1011 (Inspection
Report); R9-3-1012 (Inspection Procedure and Fee); R9-3-1013
(Reinspections); R9-3-1016 (Licensing of Inspectors); R9-3-1017
(Inspection of Governmental Vehicles); R9-3-1018 (Certificate of
Inspection); R9-3-1019 (Fleet Station Procedures and Permits); R9-3-1022
(Procedure for Waiving Inspections Due to Technical Difficulties); R9-3-
1023 (Certificate of Exemption); R9-3-1025 (Inspection of State
Stations); R9-3-1026 (Inspection of Fleet Stations); R9-3-1027
(Registration of Repair Industry Analyzers); R9-3-1029 (Vehicle Emission
Control Devices); and R9-3-1030 (Visible Emissions; Diesel-Powered
Locomotives); submitted on February 11, 1977.
(25) [Reserved]
(26) Maricopa County Air Pollution Control District Regulation IV,
rule 41, paragraph B (Continuously Monitoring and Recording Emissions)
submitted on July 29, 1977.
(27) The following amendments to the plan were submitted on January
4, 1979 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) R-9-3-101, A., Nos. 2, 3, 29, 41, 53, 55, 87, 88, 89, 91, 92,
95, 100 and 117; R9-3-301, paragraphs D, J, and N; R9-3-306, paragraphs
D and J; and R9-3-307, paragraphs C and E.
(B) New or amended Rules R9-3-101 (Nos. 1, 4, 6, (a, c, and d), 8,
9, 11, 13, 17 to 26, 28, 30 to 35, 37 to 40, 43 to 45, 48, 49, 54, 57 to
59, 61 to 73, 77 to 80, 82, 83, 86, 90, 94, 96, 98, 101, 102, 104, 105,
107 to 115, 118 to 120, 122, to 129, and 131), R9-3-217, R9-3-218, R9-3-
219, R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph
[[Page 326]]
A), R9-3-312, R9-3-313 (Paragraphs A.1, A.2.b, A.3, A.4, B to D.1, D.3,
D.4.a to F.1.2.iii, F.1.b., and F.2.b. to F.4), R9-3-314 to R9-3-319,
R9-3-402 to R9-3-404, R9-3-406, R9-3-407, R9-3-409, R9-3-410, R9-3-502
(Paragraphs B, C, C.2, and D to G), R9-3-503 (Paragraph A), R9-3-504
(Paragraphs B and C), R9-3-505 (Paragraphs A, B.1.b., B.2.b, and B.3 to
D), R9-3-506 (Paragraphs A.2, B, C.1.a to C.4), R9-3-507 (Paragraphs D
to F), R9-3-508 (Paragraphs A and C), R9-3-510 (Paragraphs B to E), R9-
3-511 (Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and
C), R9-3-514 (Paragraphs B and C), R9-3-516 (Paragraph B), R9-3-517
(Paragraphs B and C), R9-3-518 (Paragraphs B and C), R9-3-519
(Paragraphs A.2, A.3.a to A.3.c, A.3.e and B to C), R9-3-520 (Paragraphs
B and C), R9-3-521 (Paragraphs B to D), R9-3-522 (Paragraphs A.1 to A.5,
B and C), R9-3-523 (Paragraph B), R9-3-524 (Paragraphs C, D.1, D.2, D.4
to G.5), R9-3-525 (Paragraphs B to D), R9-3-526, R9-3-527, R9-3-528
(Paragraphs B to E and F.1 to F.4), R9-3-601 to R9-3-605, R9-3-1101, R9-
3-1102, Appendix 10 (Sections A10.1.3.3, A10.1.4. and A10.2.2 to
A10.3.4.) and Appendix 11.
(C) Previously approved in paragraphs (c)(27)(i)(A) and (B) of this
section and now deleted without replacement: R9-3-101 (all paragraphs
and nos. listed), paragraph B of R9-3-217, R9-3-301 (all paragraphs
listed), R9-3-306 (all paragraphs listed), R9-3-307 (all paragraphs
listed), R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-
312, R9-3-314, R9-3-315, R9-3-316, R9-3-317, R9-3-318, R9-3-518
(Paragraphs B and C), R9-3-319, R9-3-1101, and Appendix 10 (Sections
A10.1.3.3, A10.1.4 and A10.2.2 to A10.3.4).
(D) Previously approved on April 23, 1982, in paragraph
(c)(27)(i)(B) of this section and now deleted without replacement: R9-3-
511 (Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and
C), and R9-3-517 (Paragraphs B and C).
(28) The following amendments to the plan were submitted on January
18, 1979 by the Governor's designee.
(i) Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
(A) Rule 33, Storage and Handling of Petroleum Products.
(B) New or amended Rules 21G and 41.
(29) The following amendments to the plan were submitted on January
23, 1979, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) Arizona Testing Manual for Air Pollutant Emissions (excluding
Sections 2.0 and 5.0).
(B) Previously approved on April 23, 1982, in paragraph
(c)(29)(i)(A) of this section and now deleted without replacement:
Arizona Testing Manual for Air Pollutant Emissions, Sections 3.0 and
4.0.
(30) [Reserved]
(31) Revisions to the Arizona Air Pollution Control Regulations
submitted on March 21, 1979:
R9-3-1002 (22,34); R9-3-1003 [A(A8-11),B,C]; R9-3-1005 [A, (A3)];
R9-3-1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table
II]; R9-3-1008 [B,(B1,2,6,7)]; R9-3-1010 [A,(A3),C,D,F]; R9-3-1011
[A,B,(B1,2,3)];R9-3-1012(b); R9-3-1014; R9-3-1017 [B,(B4), C, E]; R9-3-
1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c),
D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)];
R9-3-(C,E); R9-3-1022(B); R9-3c-091023(A,B); R9-3-1027(F).
(32) The following amendments to the plan were submitted on February
23, 1979 by the Governor's designee.
(i) Nonatainment Area Plan for Carbon Monoxide and Photochemical
Oxidants, Maricopa County Urban Planning Area.
(33) The Metropolitan Pima County Nonattainment Area Plan for CO was
submitted by the Governor's designee on March 20, 1979.
(34) The Metropolitan Pima County Nonattainment Area Plan for TSP
was submitted by the Governor's designee on March 27, 1979.
(35) The following amendments to the plan were submitted on April
10, 1979, by the Governor's designee.
(i) Yuma County Air Pollution Control District.
(A) New or amended Rules 8-1-1.2 8-1-1.3 thru 8-1-1.6 and 8-1-1.8
thru 8-1-1.13; 8-1-2.1 thru 8-1-2.6 and 8-1-2.8; 8-1-3.1 thru 8-1-3.6,
8-1-3.7 (except paragraph ``F'') and 8-1-3.8 thru 8-1-3.20; and
Appendices I and II.
(B) Previously approved on April 12, 1982 in paragraph (i)(A) of
this section and now deleted without replacement Rules 8-1-1.2 through
8-1-1.6, 8-1-1.8
[[Page 327]]
through 8-1-1.13, 8-1-2.1 through 8-1-2.6, 8-1-2.8, 8-1-3.1 through 8-1-
3.20, Appendix I, and Appendix II.
(36) The following amendments to the plan were submitted on July 3,
1979 by the Governor's designee.
(i) Revision to the Nonattainment Area Plan for Carbon Monoxide and
Photochemical Oxidants, Maricopa County Urban Planning Area.
(37) The following amendments to the plan were submitted on
September 20, 1979 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended rule R9-3-515 (Paragraphs C.1.a. to C.1.h.; C.2;
C.3, C.3.b., C.3.c., and C.3.h.; C.4.c. to C.4.g. and C.4.i.; C.5 and
C.5.b. to C.5.d.; C.6.b.i. to C.6.b.iii., C.6.b.vi., C.6.b.vii., and
C.6.c.; and C.8.).
(ii) ``ASARCO Incorporated, Hayden Copper Smelter, State
Implementation Plan Determination of Good Engineering Practice Stack
Height,'' September 17, 1979, issued by ADHS.
(38) The following amendment to the plan were submitted on October
9, 1979, by the Governor's designee.
(i) Pima County Health Department.
(A) New or amended Regulation 10: Rules 101-103; Regulation 11:
Rules 111-113; Regulation 12: Rules 121-123; Regulation 13: Rules 131-
137; Regulation 14: Rules 141 and 143-147; Regulation 15: Rule 151;
Regulation 16: Rules 161-165; Regulation 17: Rules 172-174; Regulation
18: Rules 181 and 182; Regulation 20: Rules 201-205; Regulation 21:
Rules 211-215; Regulation 22: Rules 221-226; Regulation 23: Rules 231-
232; Regulation 24: Rules 241 and 243-248; Regulation 25: Rules 251 and
252; Regulation 30: Rules 301 and 302; Regulation 31: Rules 312-316 and
318; Regulation 32: Rule 321; Regulation 33: Rules 331 and 332;
Regulation 34: Rules 341-344; Regulation 40: Rules 402 and 403;
Regulation 41: 411-413; Regulation 50: Rules 501-503 and 505-507;
Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation
61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules
621-624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation
70: Rules 701-705 and 706 (Paragraphs A to C, D.3, D.4, and E);
Regulation 71: Rules 711-714; Regulation 72: Rules 721 and 722;
Regulation 80: Rules 801-804; Regulation 81: Rule 811; Regulation 82:
Rules 821-823; Regulation 90: Rules 901-904; Regulation 91: Rule 911
(except Methods 13-A, 13-B, 14, and 15), and Rules 912 and 913;
Regulation 92: Rules 921-924; and Regulation 93: Rules 931 and 932.
(1) Previously approved on April 16, 1982 in paragraph (c)(38)(i)(A)
of this section and now deleted from the SIP without replacement Pima
County Health Department Regulations: Regulation 13: Rules 131-137;
Regulation 16: Rule 164; Regulation 18: Rules 181 and 182; Regulation
20: Rule 205; Regulation 21: Rule 214; and Regulation 24: Rules 245-248.
(B) New or amended Regulation 17: Rule 171, paragraphs B.1, B.1.a,
B.7, B.8, C.1.a, C.1.b, C.2.a, C.2.c, C.2.d, C.3.a, and E.1.b;
Regulation 42: Rules 421, 422, 423, 424, 425, and 426; and Regulation
50: Rule 504.
(C) Previously approved on April 16, 1982 and now deleted without
replacement Rules 141, 143 to 147, 702, 711 to 714.
(39) The following amendments to the plan were submitted on November
8, 1979 by the Governor's designee.
(i) Nonattainment Area Plan for Total Suspended Particulates,
Maricopa County Urban Planning Area.
(40) [Reserved]
(41) The following amendments to the plan were submitted on February
15, 1980, by the Governor's designee.
(i) 1.0 Air Quality Surveillance Network.
(42) The Technical Basis of New Source Review Regulations, Pima
County, Arizona, February 6, 1980 (AQ-125-a) was submitted by the
Governor's designee on February 28, 1980.
(43) The following amendments to the plan were submitted on April 1,
1980 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) R9-3-101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85,
86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9-3-301, paragraphs
B-1, B-2, C, E, F, H, I, J, K, M, N, O, P, and Q; R9-3-302, (except
paragraphs D, E, and I); R9-3-303; R9-3-306, paragraphs B-2, C-1, C-3,
and C-5 to C-7, E, F, G-1, G-3, G-4, H, and I; and R9-3-307, paragraphs
A, B, D, and F.
(B) New or amended Rules R9-3-101 (Nos. 5, 15, 16, 42, 49, 51, 55,
94, 101, 103,
[[Page 328]]
106, 126, 127, and 133), R9-3-201 (paragraph D.2), R9-3-202 (Paragraph
D.2), R9-3-203 (Paragraph D.2), R9-3-204 (Paragraph C.2), R9-3-205
(Paragraph C.2), R9-3-206 (Paragraph C.2), R9-3-207 (Paragraph C.2), R9-
3-313 (Paragraph F.1.a.i and ii), R9-3-401, R9-3-405, R9-3-408, R9-3-501
(Paragraph A to C), R9-3-502 (Paragraph A to A.4), R9-3-503 (Paragraphs
B, C.1,C.2.a. to C.2.f., C.4 and C.5), R9-3-504 (Paragraph A.1 to A.4),
R9-3-508 (Paragraph B.1 to B.6), R9-3-510 (Paragraph A.1 and A.2), R9-3-
511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to A.5), R9-3-513
(Paragraph A.1 to A.5), R9-3-514 (Paragraph A.2), R9-3-516 (Paragraph
A.1 to A.6), R9-3-517 (Paragraph A.1 to A.5), R9-3-518 (Paragraph A.1 to
A.5), R9-3-520 (Paragraph A.1 to A.6), R9-3-521 (Paragraph A.1 to A.5),
and Appendices 1 and 2.
(C) Previously approved in paragraphs (c)(43)(i)(A) and (B) of this
section and now deleted without replacement: R9-3-101 (all paragraphs
and nos. listed), R9-3-301 (all paragraphs listed), R9-3-302 (all
paragraphs listed), R9-3-303, R9-3-306 (all paragraphs listed), R9-3-307
(all paragraphs listed), and R9-3-518 (Paragraph A.1 to A.5).
(D) Previously approved on April 23, 1982, in paragraph
(c)(43)(i)(B) of this section and now deleted without replacement: R9-3-
511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to A.5), R9-3-513
(Paragraph A.1 to A.5), and R9-3-517 (Paragraph A.1 to A.5).
(ii) Arizona Lead SIP Revision.
(44) The following amendments to the plan were submitted on June 23,
1980 by the Governor's designee.
(i) Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
(A) Rule 34, Organic Solvents.
(B) New or amended Rules 2 (except 49 and 57), 3, 24, 25, 25, 26,
27, 30, 31(A), (B), and (H), 32, (G), (H), (J), and (K), 40, 70-72, and
74 and deletion of ``ee''.
(45) The following amendments to the plan were submitted on July 17,
1980 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) R-9-3-101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98,
99, 100, 113, 119, 120, and 124; R9-3-301, paragraphs A, B-3, G, I, J,
K, L, M, N, O, P, Q, and R; R9-3-306, paragraphs A, B-1, B-3, B-4, C-2,
C-4, and G-2; and R9-3-320, paragraphs B and C.
(B) New or amended Rules R9-3-101 (Nos. 6(b), 10, 12, 14, 36, 50,
55, 77, 84, and 92), R9-3-311 (Paragraph B), R9-3-313 (Paragraphs
A.2.a., D.2, D.4, F.1.C, and F.2.a.), R9-3-320 (Paragraph A), R9-3-502
(Paragraph C.1), R9-3-503 (Paragraph C, C.2, C.2.g. and C.3), R9-3-504
(Paragraph A), R9-3-505 (Paragraph B.1.a, B.2.a), R9-3-506 (Paragraph A
to A.1), R9-3-507 (Paragraphs A to C), R9-3-508 (Paragraph B), R9-3-509,
R9-3-510 (Paragraph A), R9-3-511 (Paragraph A), R9-3-512 (Paragraph A),
R9-3-513 (Paragraph A), R9-3-514 (Paragraphs A to A.1), R9-3-516
(Paragraph A), R9-3-517 (Paragraph A), R9-3-518 (Paragraph A), R9-3-519
(Paragraph A to A.1, A.3, and A.3.d), R9-3-520 (Paragraph A), R9-3-521
(Paragraph A), R9-3-522 (Paragraph A), R9-3-523 (Paragraph A), R9-3-524
(Paragraphs A, B, D, and D.3), R9-3-525 (Paragraph A), R9-3-528
(Paragraphs A and F.5), Section 3, Method 11; Section 3.16, Method 16;
Section 3.19, Method 19; Section 3.20, Method 20; and Appendix 10
(Sections A10.2 and A10.2.1).
(C) New or amended Rule R9-3-515 (Paragraphs A; and C.6, C.6.b, and
C.6.b.v.).
(D) Previously approved in paragraphs (c)(45)(i)(A) and (B) of this
section and now deleted without replacement: R9-3-101 (all paragraphs
and nos. listed), R9-3-301 (all paragraphs listed), R9-3-306 (all
paragraphs listed), R9-3-311 (all paragraphs listed), R9-3-509, and
Appendix 10 (Sections A10.2 and A10.2.1).
(E) Previously approved on April 23, 1982, in paragraph
(c)(45)(i)(B) of this section and now deleted without replacement: R9-3-
511 (Paragraph A); R9-3-512 (Paragraph A); R9-3-513 (Paragraph A); R9-3-
517 (Paragraph A); Section 3, Method 11; Section 3.16, Method 16;
Section 3.19, Method 19; and Section 3.20, Method 20.
(46) The following amendments to the plan were submitted on August
7, 1980, by the Governor's designee.
(i) Pinal-Gila Counties Air Quality Control District.
(A) New or amended Rules 7-1-1.2, 7-1-1.3(C), 7-3-1.1, 7-3-1.4(C),
7-3-1.7(F), and 7-3-3.4.
[[Page 329]]
(B) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A)
of this section and now deleted without replacement Rules 7-1-1.2 and 7-
1-1.3(C).
(C) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A)
of this section and now deleted without replacement with respect to Gila
County only Rules 7-3-1.1, 7-3-1.4(C), 7-3-1.7(F), and 7-3-3.4.
(D) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A)
of this section and now deleted without replacement with respect to
Pinal County only Rule 7-3-3.4.
(47) The following amendments to the plan were submitted on
September 10, 1980, by the Governor's designee.
(i) Arizona State Rules and Regulations and Air Pollution Control.
(A) New or amended Rules R9-3-101 (Nos. 24, 55, 102, and 115 (25-54,
56-101, 103-114, and 116-140 are renumbered only), R9-3-201 (Paragraphs
A to D.1 and E), R9-3-202 (Paragraphs A to D.1 and E), R9-3-203
(Paragraphs A to D.1 and E), R9-3-204 (Paragraphs A to C.1 and D), R9-3-
205 (Paragraphs A to C.1 and D), R9-3-206 (Paragraphs A to C.1 and D),
R9-3-207 (Paragraphs A to C.1 and D), and R9-3-216.
(1) Previously approved in this paragraph (c)(47)(i)(A) and now
deleted without replacement: R9-3-101 (all paragraphs and nos. listed).
(48) Arizona Lead SIP Revision submitted by the State on September
26, 1980.
(49) The following amendments to the plan were submitted on July 13,
1981 by the Governor's designee.
(i) Arizona Revised Statute Sec. 36-1718.
(50) The following amendments to the plan were submitted on July 13,
1981, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended Rules R9-3-310 (Paragraphs A and B), R9-3-501
(Paragraph D), R9-3-503 (Paragraph C.6), R9-3-506 (Paragraph C to C.1),
and Appendix 10 (Sections A10.1-A10.1.3.2).
(B) New or amended Rule R9-3-515 (Paragraph C.4.a. and C.4.b.).
(C) Previously approved in paragraph (c)(50)(i)(A) of this section
and now deleted without replacement: R9-3-310 (Paragraphs A and B) and
Appendix 10 (Sections A10.1-A10.1.3.2).
(ii) Arizona Revised Statutes.
(A) Arizona County: Chapter 6, Article 8. Air Pollution, Sections
36-770 to 36-778, 36-779 to 36-779.07, 36-780, 36-780.01, 36-781 to 36-
783, 36-784 to 36-784.04, 36-785, 36-785.01, 36-786 to 36-788, 36-789 to
36-789.02, 36-790, and 36-791.
(1) Previously approved on June 18, 1982 in paragraph (c)(50)(ii)(A)
of this section and now deleted from the SIP without replacement Arizona
Revised Statutes: sections 36-770, 36-776, and 36-777.
(B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air
Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-
1707 to 36-1707.06, 36-1708, 36-1720.01, and 36-1751 to 36-1753.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Statutes 36-781, 36-782, 36-784, 36-784.01 to 36-784.04, 36-
785, 36-785.01, and 36-786 to 36-788.
(D) Previously approved on June 18, 1982, in paragraph
(c)(50)(ii)(B) of this section and now deleted without replacement:
Arizona Revised Statutes section 36-1700.
(51) The following amendments to the plan were submitted on June 1,
1981, by the Governor's designee.
(i) Pima County Health Department.
(A) New or amended Regulation 14: Rule 142; Regulation 20: Rule 204;
Regulation 24: Rule 242; Regulation 26: Rule 261; Regulation 50: Rule
504; Regulation 61: Rule 611 (Paragraph A); Regulation 70: Rule 706
(Paragraphs D.1 and D.2); and Regulation 91: Rule 911 (Methods 19 and
20).
(B) Previously approved on April 16, 1982 and now deleted without
replacement Rule 142.
(52) The following amendments to the plan were submitted on August
5, 1981, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended Rules R9-3-1002, R9-3-1003, R9-3-1005, R9-3-1006,
R9-3-1008, R9-3-1010 to R9-3-1014, R9-3-1016, R9-3-1019, R9-3-1023, R9-
3-1025, R9-3-1027, and R9-3-1030.
(ii) Arizona Revised Statutes.
(A) Inspection and Maintenance--Chapter 14, Article 3. Annual
Emissions
[[Page 330]]
Inspection of Motor Vehicles, Sections 36-1771 to 36-1775, 36-1708.01,
36-1709 to 36-1711, 36-1712 to 36-1712.04, 36-1713, 36-1713.01, 36-1714
to 36-1717, 36-1718, 36-1718.01, 36-1719, 36-1720, and 36-1776 to 36-
1780.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Statutes 36-1709 to 36-1712, 36-1712.01 to 36-1712.04, 36-
1713, 36-1713.01, and 36-1714 to 36-1716.
(53) The following amendments to the plan were submitted on March 8,
1982, by the Governor's designee.
(i) Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
(A) Rules 2 (Nos. 11 and 33, and deletion of Nos. 18, 49, 50, 52,
and 54), 28 and 33.
(ii) The Improvement Schedules for Transit System and Rideshare
Program in Metropolitan Pima County.
(54) The following amendments to the plan were submitted on June 3,
1982 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended Rule R9-3-515 Paragraphs C to C.1. and C.1.i.;
C.3.a. and C.3.d. to C.3.g.; C.4. and C.4.h.; C.5.a.; C.6.a. and
C.6.b.iv.; and C.9.).
(B) New or amended rules R9-3-101 (Nos. 3, 7, 8, 17, 18, 19, 20, 21,
29, 34, 35, 37, 56, 61, 62, 63, 68, 69, 75, 77, 78, 79, 88, 89, 90, 91,
98, 99, 101, 117, 122, 129, 133, 136, 146, and 157; 53 and 123 are
deleted); R9-3-217; R9-3-301; R9-3-304; R9-3-305; R9-3-306 (paragraph A
only); R9-3-320 (Repealed and Reserved); R9-3-1101 (paragraphs A, C, and
D); Appendix 1; and Appendix 2.
(C) New or amended rules R9-3-101 (Nos. 4 to 6, 9 to 16, 22 to 28,
30 to 33, 36, 38 to 55, 57 to 60, 64 to 67, 70 to 74, 76, 80 to 87, 92
to 97, 100, 102 to 116, 118 to 121, 123 to 128, 130 to 132, 134, 135,
137 to 141, 142 to 145, 147 to 156, and 158 are renumbered only); R9-3-
219; R9-3-502 (paragraph A to A.1 and A.2); R9-3-505 (paragraph B to
B.1, B.2, B.3, and B.4); R9-3-508 (paragraph B to B.1, B.2, and B.5);
R9-3-511 (paragraph A to A.1 and A.2); R9-3-513 (paragraph A to A.1 and
A.2); R9-3-516 (paragraph A to A.1 and A.2); R9-3-517 (paragraph A to
A.1); R9-3-518 (paragraph A to A.1 and A.2); R9-3-520 (paragraph A to
A.1 and A.2); R9-3-521 (paragraph A to A.1 and A.2); R9-3-522 (paragraph
A to A.1 and A.2); and Appendix 8 (Sections A8.3.1 and A8.3.2).
(D) New or amended rules R9-3-302 (paragraphs A-H); and R9-3-303
(paragraphs A to C and E to I), adopted on May 26, 1982.
(E) Previously approved in paragraphs (c)(54)(i)(B) and
(c)(54)(i)(C) of this section and now deleted without replacement: R9-3-
101 (all nos. listed except no. 20).
(F) Previously approved on September 28, 1982, in paragraph
(54)(i)(C), and now deleted without replacement: R9-3-219.
(G) Previously approved on September 28, 1982, in paragraph
(c)(54)(i)(C) of this section and now deleted without replacement: R9-3-
518 (paragraphs A to A.1 and A.2).
(H) Previously approved in paragraphs (c)(54)(i)(B), (C), and (D) of
this section and now deleted without replacement: R9-3-301 (all
paragraphs except paragraphs I and K), R9-3-302 (all paragraphs listed),
R9-3-303 (all paragraphs listed), R9-3-304 (all paragraphs except
paragraph H), R9-3-305, R9-3-306 (paragraph A only), and R9-3-1101 (all
paragraphs listed).
(I) Previously approved on September 28, 1982, in paragraph
(c)(54)(i)(C) of this section and now deleted without replacement: R9-3-
511 (Paragraph A to A.1 and A.2), R9-3-513 (Paragraph A to A.1 and A.2),
and R9-3-517 (Paragraph A to A.1).
(55) The following amendments to the plan were submitted by the
Governor's designee on March 4, 1983.
(i) Incorporation by reference. (A) Maricopa County Health
Department, Bureau of Air Quality Control.
(1) New or amended rule 21.0:A-C, D.1.a-d, and E adopted on October
25, 1982.
(56) The following amendments to the plan were submitted on February
3, 1984, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended rules R9-101 (Nos. 98 and 158), R9-3-201 to R9-3-
207, R9-3-215, R9-3-218, R9-3-310, R9-3-322, R9-3-402, R9-3-404, R9-3-
502, R9-3-515 (paragraph C.3., C.5., and C.6.b.v.), R9-3-529, R9-3-1101,
and Appendices 1 and 11.
[[Page 331]]
(B) New or amended rules R9-3-101, Nos. 135 and 157, adopted on
September 19, 1983.
(C) Previously approved in paragraphs (c)(56)(i)(A) and (B) of this
section and now deleted without replacement: R9-3-101 (Nos. 135 and
157), R9-3-218, R9-3-310, R9-3-322, R9-3-1101 and Appendix 11.
(57) The following amendments to the plan were submitted by the
Governor's designee on April 17, 1985.
(i) Incorporation by reference. (A) Maricopa County Health
Department, Bureau of Air Quality Control.
(1) New or amended regulations: rule 21.0: D.1., D.1.e, f, and g
adopted on July 9, 1984.
(58) The following amendments to the plan were submitted by the
Governor's designee on October 18, 1985.
(i) Incorporation by reference. (A) Pima County Health Department.
(1) New or amended regulations: Regulation 16: Rule 166; Regulation
17; Rules 171 and 175; Regulation 20: Rule 202; Regulation 37: Rules
371, 372, 373, Figure 371-A, Figure 371-C, and Figure 372; and
Regulation 38, Rule 381, A1, 2, 3, 4, 5, and B, adopted on December 6,
1983.
(59) The following amendments to the plan were submitted by the
Governor's designee on October 24, 1985.
(i) Incorporation by reference. (A) Arizona Department of Health
Services.
(1) New or amended rule R9-3-303, adopted on September 28, 1984.
(2) Previously approved in paragraph (c)(59)(i)(A)(1) of this
section and now deleted without replacement: R9-3-303.
(60) The following amendments to the plan were submitted by the
Governor's designee on October 5, 1987.
(i) Incorporation by reference. (A) Arizona Department of Health
Services.
(1) New or amended rules R9-3-1001 (Nos. 8, 25, 33, 34, 38, 39, 40,
and 43, No. 8), R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1009,
R9-3-1010, R9-3-1011, R9-3-1013, R9-3-1016, R9-3-1018, R9-3-1019, R9-3-
1025, R9-3-1026, R9-3-1027, R9-3-1028, R9-3-1030, and R9-3-1031, adopted
on December 23, 1986.
(2) Previously approved and now removed (without replacement), Rule
R9-3-1014.
(B) The Maricopa Association of Governments (MAG) 1987 Carbon
Monoxide (CO) Plan for the Maricopa County Area, MAC CO Plan Commitments
for Implementation, and Appendix A through E, Exhibit 4, Exhibit D,
adopted on July 10, 1987.
(61) The following amendments to the plan were submitted by the
Governor's designee on January 6, 1988.
(i) Incorporation by reference. (A) The 1987 Carbon Monoxide State
Implementation Plan Revision for the Tucson Air Planning Area adopted on
October 21, 1987.
(62) The following amendments to the plan were submitted by the
Governor's designee on March 23, 1988.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Senate Bill 1360: Section 6: ARS 15-1444-C (added), Section 7:
QRS 15-1627-F (added), Section 21: ARS 49- 542-A (amended, Section 21:
ARS 49-542-E (added), Section 21: ARS 49-542-J.3.(b) (amended), and
Section 23: ARS 49-550-E (added), adopted on May 22, 1987.
(2) Senate Bill 1360: Section 2: ARS 9-500.03 (added), Section 14:
ARS 41-796.01 (added); Section 17: 49-454 (added), Section 18: 49-474.01
(added), and Section 25: ARS 49-571 (added), adopted on May 22, 1987.
(63) The following amendments to the plan were submitted by the
governor's designee on May 26, 1988:
(i) Incorporation by reference. (A) Travel reduction ordinances for
Pima County: Inter governmental Agreement (IGA) between Pima County,
City of Tucson, City of South Tucson, Town of Oro Valley and Town of
Marana, April 18, 1988; Pima County Ordinance No. 1988-72, City of
Tucson ordinance No. 6914, City of South Tucson Resolutions No. 88-01,
88-05, Town of Oro Valley Resolutions No. 162, 326 and 327, Town of
Marana Resolutions No. 88-06, 88-07 and Ordinance No. 88.06.
(64) The following amendments to the plan were submitted by the
Governor's designee on June 1, 1988.
(i) Incorporation by reference. (A) Letter from the Arizona
Department of Environmental Quality, dated June 1, 1988, committing to
administer the provisions of the Federal New Source Review regulations
consistent with EPA's requirements. The commitments apply to the
issuance of, or revision to, permits for any source which is a major
[[Page 332]]
stationary source or major modification as defined in 40 Code of Federal
Regulations, part 51, subpart I.
(65) The following amendments to the plan were submitted by the
Governor's designee on July 18, 1988.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) House Bill 2206, Section 2: ARS 15-1627 (amended); Section 6:
Title 28, ARS Chapter 22, Article 1, ARS 28-2701, ARS 28-2702, ARS 28-
2703, ARS 28-2704, and ARS 28-2705 (added); Section 7: ARS 41.101.03
(amended); Section 9: ARS 41-2605 (amended); Section 10: ARS 41-2066
(amended); Section 11: ARS 41-2083 (amended); Section 13: Title 41,
Chapter 15, Article 6, ARS 41-2121: Nos. 1, 3, 4, 5, 6, 7, 8, and 9, ARS
41-2122, ARS 41-2123, ARS 41-2124 (added); Section 15: Title 49, Chapter
3, Article 1, ARS 49-403 to 49-406 (added); Section 17: Title 49,
Chapter 3, Article 3, ARS 49-506 (added); Section 18; ARS 49-542
(amended); Section 19: ARS 49-550 (amended); Section 20: ARS 49-551
(amended); Section 21: Title 49, Chapter 3, Article 5, ARS 49-553
(added), Section 22: ARS 49-571 (amended); Section 23: Title 49, Chapter
3, Article 8, ARS 49-581, ARS 49-582, ARS 49-583, ARS 49-584, ARS 49-
585; ARS 49-586, ARS 49-588, ARS 49-590, and ARS 49-593 (added); Section
25: Definition of major employer, Section 27: Appropriations; Section
29: Delayed effective dates, adopted on June 28, 1988.
(2) House Bill 2206 section 6 which added, under Arizona Revised
Statutes, title 28, chapter 22, new sections 28-2701 through 28-2708,
and section 13 which added, under Arizona Revised Statutes, title 41,
chapter 15, Article 6 new sections 41-2125A and 41-2125B. (Oxygenated
fuels program for Pima County.)
(66) The following amendments to the plan were submitted by the
Governor's designee on July 22, 1988.
(i) Incorporation by reference. (A) Letter from the Pima County
Health Department, Office of Environmental Quality, dated April 24, 1988
committing to administer the New Source Review provisions of their
regulations consistent with EPA's requirements. The commitments apply to
the issuance of, or revision to, permits for any source which is a major
stationary source of major modification as defined in 40 Code of Federal
Regulations, part 51, subpart I.
(B) Letter from Maricopa County Department of Health Services,
Division of Public Health, dated April 28, 1988 and submitted to EPA by
the Arizona Department of Environmental Quality July 25, 1988,
committing to administer the New Source Review provisions of their
regulations, consistent with EPA's requirements. These commitments apply
to the issuance of, or revision to, permits for any source which is a
major stationary source or major modification as defined in the Code of
Federal Regulations, part 51, subpart I.
(C) Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa
County Nonattainment Area, July 21, 1988 (supplemental information
related to the SIP revision of July 18, 1988).
(D) Commitment in the July 22, 1988 submittal letter to apply the
oxygenated fuels program of the July 18, 1988 submittal to Pima County.
(67) Regulations for the Maricopa County Bureau of Air Pollution
Control were submitted on January 4, 1990 by the Governor's designee.
(i) Incorporation by reference. (A) Amended regulations: Regulation
II, rule 220 and Regulation III, rule 335, both adopted July 13, 1988.
(B) Amended Maricopa County Division of Air Pollution Control Rule
314, adopted July 13, 1988.
(C) Amended Regulation VI, Rule 600, revised on July 13, 1988.
(D) Rules 312 and 314, adopted on July 13, 1998.
(68) The following amendments to the plan were submitted by the
Governor's designee on June 11, 1991.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) House Bill 2181 (approved, May 21, 1991), section 1: Arizona
Revised Statute (A.R.S.) 41-2065 (amended); section 2: A.R.S. 41-2083
(amended); section 3: A.R.S. section 41-2122 (amended); section 4:
A.R.S. Section 41-2123 (amended); and section 5: A.R.S. section 41-2124
(repealed).
(69) The following amendment to the plan was submitted by the
Governor's designee on May 27, 1994.
[[Page 333]]
(i) Incorporation by reference. (A) Arizona Department of Weights
and Measures. (1) Letter from Grant Woods, Attorney General, State of
Arizona, to John U. Hays, Director, Department of Weights and Measures,
dated August 31, 1993, and enclosed Form R102 (``Certification of Rules
and Order of Rule Adoption'').
(2) Arizona Administrative Code, Article 9 (``Gasoline Vapor
Control''), Rules R4-31-901 through R4-31-910, adopted August 27, 1993,
effective (for state purposes) on August 31, 1993.
(70) New and amended regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on June 29, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) New Rules 337, 350, and 351,
adopted on April 6, 1992.
(71) New and amended regulations for the following agencies were
submitted on August 15, 1994 by the Governor's designee.
(i) Incorporation by reference. (A) Pinal County Air Quality Control
District.
(1) Chapter 1, Article 3, section 1-3-140, subsections 5, 15, 21,
32, 33, 35, 50, 51, 58, 59, 103, and 123, adopted on November 3, 1993;
Chapter 3, Article 1, section 3-1-081(A)(8)(a), adopted on November 3,
1993; Chapter 3, Article 1, section 3-1-084, adopted on August 11, 1994;
and Chapter 3, Article 1, section 3-1-107, adopted on November 3, 1993.
(72) New and amended plans and regulations for the following
agencies were submitted on November 13, 1992 by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on November 13, 1992.
(B) Maricopa County Environmental Quality and Community Services
Agency.
(1) Rule 340, adopted on September 21, 1992.
(73) [Reserved]
(74) Plan revisions were submitted by the Governor's designee on
March 3, 1994.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department new Rule 316, adopted July 6, 1993, and revised Rule
311, adopted August 2, 1993. Note: These rules are restored as elements
of the State of Arizona Air Pollution Control Implementation Plan
effective September 3, 1997.
(B) [Reserved]
(75) Program elements submitted on November 14, 1994, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Basic and Enhanced Inspection and Maintenance Vehicle Emissions
Program. Adopted on September 15, 1994.
(76) Program elements were submitted on February 1, 1995 by the
Governor's designee.
(i) Incorporation by reference. (A) Small Business Stationary Source
Technical and Environmental Compliance Assistance Program, adopted on
February 1, 1995.
(77) Amended regulations for the following agency were submitted on
December 19, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 334, adopted on September 20, 1994.
(78) New and amended regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on February 4, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) New Rule 352, adopted on
November 16, 1992.
(B) Rule 100, Section 504 adopted on November 16, 1992.
(C) Rule 339, adopted on November 16, 1992.
(79) New and amended regulations for the following agencies were
submitted on June 29, 1992 by the Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Quality and Community Services Agency.
(1) Rule 353, adopted on April 6, 1992.
(80) New and amended regulations for the following agencies were
submitted on August 10, 1992 by the Governor's designee.
[[Page 334]]
(i) Incorporation by reference. (A) Maricopa County Environmental
Quality and Community Services Agency.
(1) Rules 331 and 333, adopted on June 22, 1992.
(81) Amended regulation for the following agency was submitted on
August 16, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 341, adopted on August 5, 1994.
(82) New and amended rules and regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on August 31, 1995, by the Governor's designee.
(i) Incorporated by reference. (A) Rule 343, adopted on February 15,
1995.
(B) [Reserved]
(C) Rule 351, revised on February 15, 1995.
(D) Rule 318 and Residential Woodburning Restriction Ordinance,
adopted on October 5, 1994.
(E) Maricopa County.
(1) Ordinance P-7, Maricopa County Trip Reduction Ordinance, adopted
May 26, 1994.
(83) New and revised rules and regulations for the Maricopa County
Environmental Services Department-Air Pollution Control were submitted
on February 26, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Rules 331, 333, and 334, revised
on June 19, 1996, and Rule 338, adopted on June 19, 1996.
(B) Rule 336, adopted on July 13, 1988 and revised on June 19, 1996.
(84) Amended regulations for the Pinal County Air Quality Control
District were submitted on November 27, 1995, by the Governor's
designee.
(i) Incorporation by reference. (A) Rules 1-1-020, 1-1-030, 1-1-040,
1-1-060, 1-1-070, 1-1-080, 1-1-100, 1-2-110, 2-1-010, 2-1-020, 2-1-030,
2-1-040, 2-1-050, 2-1-060, 2-1-070, 2-2-080, 2-2-090, 2-3-100, 2-3-110,
2-4-120, 2-4-130, 2-4-140, 2-4-150, 2-5-170, 2-5-210, 2-6-220, 2-7-230,
2-7-240, 2-7-250, 2-7-260, 2-7-270, 3-1-020, 3-1-132, adopted on June
29, 1993.
(B) Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 3-1-065, 3-1-
070, 3-1-082, 3-1-085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 3-1-110, 3-1-
120, 3-1-140, 3-1-150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 3-1-177, 3-2-
180, 3-2-185, 3-2-190, 3-2-195, 3-3-200, 3-3-203, 3-3-205, 3-3-260, 3-3-
270, 3-3-275, 3-3-280, adopted on November 3, 1993.
(C) Rules 1-1-010, 1-1-106, 2-5-190, 2-5-200, 3-1-042, 3-1-060, 3-1-
081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 3-3-
250, adopted on February 22, 1995.
(D) Rules 1-3-130, 1-3-140, 2-5-160, 2-5-180, 3-1-040, 3-1-050,
adopted on October 12, 1995.
(E) Rules 5-22-950, 5-22-960, and 5-24-1045 codified on February 22,
1995.
(F) Amendments to Rules 5-18-740, 5-19-800, and 5-24-1055 adopted on
February 22, 1995.
(G) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(A)
of this section and now deleted without replacement, Rule 3-1-020.
(H) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(D)
of this section and now deleted without replacement, Rule 1-3-130.
(I) Rules 2-8-280, 2-8-290, 2-8-300, 2-8-310, and 2-8-320, adopted
on June 29, 1993.
(J) Rules 3-8-700 and 3-8-710, amended on February 22, 1995.
(K) Rule 5-24-1040, codified on February 22, 1995.
(L) Rules 4-2-020, 4-2-030, and 4-2-040, adopted on June 29, 1993.
(M) Rule 5-24-1032, ``Federally Enforceable Minimum Standard of
Performance--Process Particulate Emissions,'' codified February 22,
1995.
(85) New and revised rules and regulations for the Maricopa County
Environmental Services Department-Air Pollution Control were submitted
on March 4, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Rule 337, revised on November
20, 1996, and Rules 342 and 346, adopted on November 20, 1996.
(86) [Reserved]
(87) New and amended fuel regulations for the following Arizona
Department of Environmental Quality plan revisions were submitted on
April 29, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Section 13 of H.B, 2001 (A.R.S. Sec. 41-2083(E)), adopted on
November 12, 1993.
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(88) Plan revisions were submitted on May 7, 1997 by the Governor's
designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 310, adopted September 20, 1994.
(2) Resolution To Improve the Administration of Maricopa County's
Fugitive Dust Program and to Foster Interagency Cooperation, adopted May
14, 1997.
(B) The City of Phoenix, Arizona.
(1) A Resolution of the Phoenix City Council Stating the City's
Intent to Work Cooperatively with Maricopa County to Control the
Generation of Fugitive Dust Pollution, adopted April 9, 1997.
(C) The City of Tempe, Arizona.
(1) A Resolution of the Council of the City of Tempe, Arizona,
Stating Its Intent to Work Cooperatively with Maricopa County to Control
the Generation of Fugitive Dust Pollution, adopted March 27, 1997.
(D) The Town of Gilbert, Arizona.
(1) A Resolution of the Mayor and the Common Council of the Town of
Gilbert, Maricopa County, Arizona, Providing for the Town's Intent to
Work Cooperatively with Maricopa County, Arizona, to Control the
Generation of Fugitive Dust Pollution, adopted April 15, 1997.
(E) The City of Chandler, Arizona.
(1) A Resolution of the City Council of the City of Chandler,
Arizona, Stating the City's Intent to Work Cooperatively with Maricopa
County to Control the Generation of Fugitive Dust Pollution, adopted
March 27, 1997.
(F) The City of Glendale, Arizona.
(1) A Resolution of the Council of the City of Chandler, Maricopa
County, Arizona, Stating Its Intent to Work Cooperatively with Maricopa
County to Control the Generation of Fugitive Dust Pollution, adopted
March 25, 1997.
(G) The City of Scottsdale, Arizona.
(1) A Resolution of the Scottsdale City Council Stating the City's
Intent to Work Cooperatively with Maricopa County to Control the
Generation of Fugitive Dust Pollution, adopted March 31, 1997.
(H) The City of Mesa, Arizona.
(1) A Resolution of the Mesa City Council Stating the City's Intent
to Work Cooperatively with Maricopa County to Control the Generation of
Particulate Air Pollution and Directing City Staff to Develop a
Particulate Pollution Control Ordinance Supported by Adequate Staffing
Levels to Address Air Quality, adopted April 23, 1997.
(89) Plan revisions were submitted on September 12, 1997 by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline
Interim rule submitted as a revision to the Maricopa Country Ozone
Nonattainment Area Plan, adopted on September 12, 1997.
(90) Plan revisions were submitted on January 21, 1998 by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline
Interim rule submitted as a revision to the PM-10 Maricopa County State
Implementation Plan, adopted on September 12, 1997.
(91) The following amendments to the plan were submitted on October
6, 1997 by the Governor's designee.
(i) Incorporation by reference. (A) 1996 Carbon Monoxide Limited
Maintenance Plan for the Tucson Air Planning Area (as updated August,
1997).
(1) Base year (1994) emissions inventory and contingency plan,
including commitments to follow maintenance plan contingency procedures
by the Pima Association of Governments and by the member jurisdictions:
the town of Oro Valley, Arizona (Resolution No. (R) 96-38, adopted June
5, 1996), the City of South Tucson (Resolution No. 96-16, adopted on
June 10, 1996), Pima County (Resolution and Order No. 1996-120, adopted
June 18, 1996), the City of Tucson (Resolution No. 17319, adopted June
24, 1996), and the town of Marana, Arizona (Resolution No. 96-55,
adopted June 18, 1996).
(B) Arizona Revised Statutes. Senate Bill 1002, Sections 26, 27 and
28: ARS 41-2083 (amended), 41-2122 (amended), 41-2125 (amended), adopted
on July 18, 1996.
(92) Plan revisions were submitted on March 3, 1995, by the
Governor's designee.
(A) Arizona State Administrative Code Title 18, Chapter 2, Article
14, adopted on December 23, 1994.
[[Page 336]]
(93) Plan revisions were submitted on September 4, 1998 by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statute 49-457.
(94) New and amended rules and regulations for the Maricopa County
Environmental Services Department-Air Pollution Control were submitted
on August 4, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Rule 336, adopted on July 13,
1988 and revised on April 7, 1999 and Rule 348, adopted on April 7,
1999.
(B) Rule 318 and Residential Woodburning Restriction Ordinance,
revised on April 21, 1999.
(C) Rule 347, adopted on March 4, 1998.
(D) Rule 316, adopted on April 21, 1999.
(E) Rule 344, adopted on April 7, 1999.
(F) Rule 349, adopted on April 7, 1999.
(G) Rule 331, revised on April 7, 1999.
(95) The following amendments to the plan were submitted on August
11, 1998 by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Senate Bill 1427, Section 14: ARS 49-401.01 (amended) and
Section 15: 49-406 (amended), approved on May 29, 1998.
(96) The following amendments to the plan were submitted on
September 1, 1999 by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section 2:
49-541.01 (amended); Section 3: 49-542 (amended); Section 4: 49-545
(amended); Section 5: 49-557 (amended); Section 6: 49-573 (amended);
Section 7: 41-803 (amended) and Section 8: 41-401.01 (amended), adopted
on May 18, 1999.
(2) House Bill 2189, Section 3: ARS 41-796.01 (amended); Section 9:
41-2121 (amended); Section 40: 49-401.01 (amended), Section 41: 49-402
(amended); Section 42: 49-404 (amended): Section 43:49-454 (amended);
Section 44: 49-541 (amended); and Section 46: 49-571 (amended), adopted
on May 18, 1999
(97) New and amended rules for the Arizona Department of
Environmental Quality were submitted on March 26, 2001, by the
Governor's designee.
(i) Incorporation by reference. (A) Rules R18-2-310 and R18-2-310.01
effective on February 15, 2001.
(98) Plan revisions were submitted on July 11, 2000 by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Administrative Code R18-
2-610 and R18-2-611 effective May 12, 2000.
(99) Plan revisions submitted on January 28, 2000 by the Governor's
designee.
(i) Incorporation by reference. (A) Maricopa County, Arizona.
(1) Residential Woodburning Restriction Ordinance adopted on
November 17, 1999.
(100) Plan revisions submitted on February 16, 2000 by the
Governor's designee.
(i) Incorporation by reference. (A) Maricopa Association of
Governments, Maricopa County, Arizona.
(1) Resolution to Adopt the Revised MAG 1999 Serious Area
Particulate Plan for PM-10 for the Maricopa County Nonattainment Area
(including Exhibit A, 2 pages), adopted on February 14, 2000.
(B) City of Avondale, Arizona.
(1) Resolution No. 1711-97; A Resolution of the City Council of the
City of Avondale, Maricopa County, Arizona, To Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for the Maricopa County Area (including
Exhibit A, 14 pages), adopted on September 15, 1997.
(2) Resolution No. 1949-99; A Resolution of the Council of the City
of Avondale, Maricopa County, Arizona, Implementing Measures in the MAG
1998 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 7 pages), adopted on February 16, 1999.
(C) Town of Buckeye, Arizona.
(1) Resolution No. 15-97; A Resolution of the Town Council of the
Town of Buckeye, Maricopa County, Arizona, To Implement Measures in the
MAG 1997 Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 5 pages), adopted on October 7, 1997.
(D) Town of Carefree, Arizona.
(1) Town of Carefree Resolution No. 97-16; A Resolution of the Mayor
and
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Common Council of the Town of Carefree, Arizona, To Implement Measures
in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998
Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 3 pages), adopted on September 2, 1997.
(2) Town of Carefree Resolution No. 98-24; A Resolution of the Mayor
and Common Council of the Town of Carefree, Arizona, To Implement
Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the
Maricopa County Area (including Exhibit A, 4 pages), adopted on
September 1, 1998.
(3) Town of Carefree Ordinance No. 98-14; An Ordinance of the Town
of Carefree, Maricopa County, Arizona, Adding Section 10-4 to the Town
Code Relating to Clean-Burning Fireplaces, Providing Penalties for
Violations (3 pages), adopted on September 1, 1998.
(E) Town of Cave Creek, Arizona.
(1) Resolution R97-28; A Resolution of the Mayor and Town Council of
the Town of Cave Creek, Maricopa County, Arizona, Implementing Measures
in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998
Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 4 pages), adopted on September 2, 1997.
(2) Resolution R98-14; A Resolution of the Mayor and Town Council of
the Town of Cave Creek, Maricopa County, Arizona, To Implement Measures
in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 1 page), adopted on December 8, 1998.
(F) City of Chandler, Arizona.
(1) Resolution No. 2672; A Resolution of the City Council of the
City of Chandler, Arizona To Implement Measures in the MAG 1997 Serious
Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa County Area (including Exhibit A, 16
pages), adopted on August 14, 1997.
(2) Resolution No. 2929; A Resolution of the City Council of the
City of Chandler, Arizona, To Implement Measures in the MAG 1998 Serious
Area Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 9 pages), adopted on October 8, 1998.
(G) City of El Mirage, Arizona.
(1) Resolution No. R97-08-20; Resolution To Implement Measures in
the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998
Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 8 pages), adopted on August 28, 1997.
(2) Resolution No. R98-08-22; A Resolution of the Mayor and Common
Council of the City of El Mirage, Arizona, Amending Resolution No. R98-
02-04 To Implement Measures in the MAG 1997 Serious Area Particulate
Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5
pages), adopted on August 27, 1998.
(3) Resolution No. R98-02-04; A Resolution To Implement Measures in
the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 5 pages), adopted on February 12,
1998.
(H) Town of Fountain Hills, Arizona.
(1) Resolution No. 1997-49; A Resolution of the Common Council of
the Town of Fountain Hills, Arizona, Adopting the MAG 1997 Particulate
Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the
Maricopa County Area and Committing to Certain Implementation Programs
(including Exhibit B, 5 pages and cover), adopted on October 2, 1997.
(2) Town of Fountain Hills Resolution No. 1998-49; Resolution To
Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-
10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted
on October 1, 1998. [Incorporation Note: Incorporated materials are
pages 4 to 10 of the 11-page resolution package; pages 1 and 2 are cover
sheets with no substantive content and page 11 is a summary of measures
previously adopted by the Town of Fountain Hills.]
(I) Town of Gilbert, Arizona.
(1) Resolution No. 1817; A Resolution of the Common Council of the
Town of Gilbert, Maricopa County, Arizona, Authorizing the
Implementation of the MAG 1997 Serious Area Particulate Plan for PM-10
and the MAG Serious Area Carbon Monoxide Plan for the Maricopa County
Area (including 15
[[Page 338]]
pages of attached material), adopted on June 10, 1997.
(2) Resolution No. 1864; A Resolution of the Common Council of the
Town of Gilbert, Arizona, Implementing Measures in the MAG 1997 Serious
Area Particulate Plan for PM-10 for the Maricopa County Area (including
Attachment A, 5 pages), adopted on November 25, 1997. [Incorporation
note: Attachment A is referred to as Exhibit A in the text of the
Resolution.]
(3) Ordinance 1066; An Ordinance of the Common Council of the Town
of Gilbert, Arizona Amending the Code of Gilbert by Amending Chapter 30
Environment, by adding New Article II Fireplace Restrictions Prescribing
Standards for Fireplaces, Woodstoves, and Other Solid-Fuel Burning
Devices in New Construction; Providing for an Effective Date of January
1, 1999; Providing for Repeal of Conflicting Ordinances; Providing for
Severability (3 pages), adopted on November 25, 1997.
(4) Resolution No. 1939: A Resolution of the Common Council of the
Town of Gilbert, Arizona, Expressing its Commitment to Implement
Measures in the Maricopa Association of Governments (MAG) 1998 Serious
Area Particulate Plan for PM-10 for the Maricopa County Area (including
Attachment A, 5 pages), adopted on July 21, 1998. [Incorporation note:
Attachment A is referred to as Exhibit A in the text of the Resolution.]
(J) City of Glendale, Arizona.
(1) Resolution No. 3123 New Series; A Resolution of the Council of
the City of Glendale, Maricopa County, Arizona, Implementing Measures in
the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998
Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 20 pages), adopted on June 10, 1997.
(2) Resolution No. 3161 New Series; A Resolution of the Council of
the City of Glendale, Maricopa County, Arizona, Implementing Measures in
the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 6 pages), adopted on October 28, 1997.
(3) Resolution No. 3225 New Series; A Resolution of the Council of
the City of Glendale, Maricopa County, Arizona, Implementing Measures in
the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 9 pages), adopted on July 28, 1998.
(K) City of Goodyear, Arizona.
(1) Resolution No. 97-604 Carbon Monoxide Plan; A Resolution of the
Council of the City of Goodyear, Maricopa County, Arizona, Implementing
Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG
1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 21 pages), adopted on September 9. [Incorporation
note: Adoption year not given on the resolution but is understood to be
1997 based on resolution number.]
(2) Resolution No. 98-645; A Resolution of the Council of the City
of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG
1998 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Attachment III, 7 pages), adopted on July 27, 1998.
(L) City of Mesa, Arizona.
(1) Resolution No. 7061; A Resolution of the City Council of the
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A,
13 pages plus index page), adopted on June 23, 1997.
(2) Resolution No. 7123; A Resolution of the City Council of the
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG
1997 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 10 pages), adopted on December 1, 1997.
(3) Resolution No. 7360; A Resolution of the City Council of the
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG
Serious Area Particulate Plan for PM-10 for the Maricopa County Area
(including Exhibit A, 8 pages), adopted on May 3, 1999.
(4) Ordinance No. 3434; An Ordinance of the City Council of the City
of Mesa, Maricopa County, Arizona, Relating to Fireplace Restrictions
Amending Title 4, Chapter 1, Section 2 Establishing a Delayed Effective
Date; and Providing
[[Page 339]]
Penalties for Violations (3 pages), adopted on February 2, 1998.
(M) Town of Paradise Valley, Arizona.
(1) Resolution Number 913; A Resolution of the Town of Paradise
Valley, to Implement Measures in the MAG 1997 Serious Area Particulate
Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the
Maricopa County Area (including Exhibit A, 9 pages), adopted on October
9, 1997.
(2) Resolution Number 945; A Resolution of the Mayor and Town
Council of the Town of Paradise Valley, Arizona, to Implement Measures
in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 5 pages), adopted on July 23, 1998.
(3) Ordinance Number 454; An Ordinance of the Town of Paradise
Valley, Arizona, Relating to Grading and Dust Control, Amending Article
5-13 of the Town Code and Sections 5-13-1 Through 5-13-5, Providing
Penalties for Violations and Severability (5 pages), adopted on January
22, 1998. [Incorporation note: There is an error in the ordinance's
title, ordinance amended only sections 5-13-1 to 5-13-4; see section 1
of the ordinance.]
(4) Ordinance Number 450; An Ordinance of the Town of Paradise
Valley, Arizona, Adding Section 5-1-7 to the Town Code Relating to
Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages),
adopted on December 18, 1997.
(N) City of Peoria, Arizona.
(1) Resolution No. 97-37; A Resolution of the Mayor and Council of
the City of Peoria, Arizona, to Implement Measures in the MAG 1997
Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa County Area (including Exhibits A, 5
pages, and B, 19 pages), adopted on June 17, 1997.
(2) Resolution No. 97-113; A Resolution of the Mayor and Council of
the City of Peoria, Arizona, to Implement Measures in the MAG 1997
Serious Area Particulate Plan for PM-10 for the Maricopa County Area and
Directing the Recording of This Resolution with the Maricopa County
Recorder and Declaring an Emergency (including Exhibit A, 8 pages plus
index page), adopted on October 21, 1997.
(3) Resolution No. 98-107; A Resolution of the Mayor and Council of
the City of Peoria, Arizona, to Approve and Authorize the Acceptance to
Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-
10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted
on July 21, 1998.
(O) City of Phoenix, Arizona.
(1) Resolution No. 18949; A Resolution Stating the City's Intent to
Implement Measures to Reduce Air Pollution (including Exhibit A, 19
pages), adopted on July 2, 1997.
(2) Resolution No. 19006; A Resolution Stating the City's Intent to
Implement Measures to Reduce Air Pollution (including Exhibit A, 13
pages), adopted on November 19, 1997.
(3) Ordinance No. G4037; An Ordinance Amending Chapter 39, Article
2, Section 39-7 of the Phoenix City Code by Adding Subsection G Relating
to Dust Free Parking Areas; and Amending Chapter 36, Article XI,
Division I, Section 36-145 of the Phoenix City Code Relating to Parking
on Non-Dust Free Lots, adopted on July 2, 1997 (5 pages).
(4) Resolution No. 19141; A Resolution Stating the City's Intent to
Implement Measures to Reduce Particulate Air Pollution (including
Exhibit A, 10 pages), adopted on September 9, 1998.
(5) Ordinance No. G4062; An Ordinance Amending the Phoenix City Code
By Adding A New Chapter 40 ``Environmental Protections,'' By Regulating
Fireplaces, Wood Stoves and Other Solid-Fuel Burning Devices and
Providing that the Provisions of this Ordinance Shall Take Effect on
December 31, 1998 (5 pages), adopted on December 10, 1997.
(P) Town of Queen Creek, Arizona.
(1) Resolution 129-97; A Resolution of the Town Council of the Town
of Queen Creek, Maricopa County, Arizona to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for the Maricopa County Area (including
Exhibit A, 3 pages), adopted on June 4, 1997.
(2) Resolution 145-97; A Resolution of the Town Council of the Town
of Queen Creek, Maricopa County, Arizona to
[[Page 340]]
Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-
10 for the Maricopa County Area (including Exhibit A, 1 page), adopted
on November 5, 1997.
(3) Resolution 175-98; A Resolution of the Town Council of the Town
of Queen Creek, Maricopa County, Arizona to Implement Measures in the
MAG 1998 Serious Area Particulate Plan for the Maricopa County Area
(including Exhibit A, 9 pages), adopted on September 16, 1998.
(Q) City of Scottsdale, Arizona.
(1) Resolution No. 4864; A Resolution of the City of Scottsdale,
Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious
Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa County Area: Stating the Council's Intent
to Implement Certain Control Measures Contained in that Plan (including
Exhibit A, 21 pages), adopted on August 4, 1997.
(2) Resolution No. 4942; Resolution of the Scottsdale City Council
To Implement Measures in the MAG 1997 Serious Area Particulate Plan for
PM-10 for the Maricopa County Area (including Exhibit A, 13 pages),
adopted on December 1, 1997.
(3) Resolution No. 5100; A Resolution of the City of Scottsdale,
Maricopa County, Arizona, To Strengthen Particulate Dust Control and Air
Pollution Measures in the Maricopa County Area (including Exhibit A, 10
pages), adopted on December 1, 1998.
(R) City of Surprise, Arizona.
(1) Resolution No. 97-29; A Resolution to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for the Maricopa County Area (including
Exhibit A, 4 pages), adopted on June 12, 1997.
(2) Resolution No. 97-67; A Resolution to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 3 pages), adopted on October 23, 1997.
(3) Resolution No. 98-51; A Resolution to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 6 pages), adopted on September 10, 1998.
(S) City of Tempe, Arizona.
(1) Resolution No. 97.39; Resolution to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for the Maricopa County Area (including
Exhibit A, 18 pages), adopted on June 12, 1997.
(2) Resolution No. 97.71, Resolution of the Council of the City of
Tempe Stating Its Intent to Implement Measures in the MAG 1997 Serious
Area Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 6 pages), adopted on November 13, 1997.
(3) Resolution No. 98.42, Resolution of the Council of the City of
Tempe Implementing Measures in the MAG 1998 Serious Area Particulate
Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8
pages), adopted on September 10, 1998.
(T) City of Tolleson, Arizona.
(1) Resolution No. 788, A Resolution of the Mayor and City Council
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures
in the Maricopa Association of Governments (MAG) 1997 Serious Area
Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide
Plan for the Maricopa County Area (including Exhibit A, 12 pages),
adopted on June 10, 1997.
(2) Resolution No. 808, A Resolution of the Mayor and City Council
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures
in the Maricopa Association of Governments (MAG) 1998 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A), adopted on July 28, 1998.
(3) Ordinance No. 376, N.S., An Ordinance of the City of Tolleson,
Maricopa County, Arizona, Amending Chapter 7 of the Tolleson City Code
by Adding a New Section 7-9, Prohibiting the Installation or
Construction of a Fireplace or Wood Stove Unless It Meets the Standards
Set Forth Herein (including Exhibit A, 4 pages), adopted on December 8,
1998.
(U) Town of Wickenburg, Arizona.
(1) Resolution No. 1308, Resolution To Implement Measures in the MAG
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area
Carbon
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Monoxide Plan for the Maricopa County Area (including Exhibit A, 4
pages), adopted on August 18, 1997.
(V) Town of Youngtown, Arizona.
(1) Resolution No. 97-15, Resolution To Implement Measures in the
MAG 1997 Serious Particulate Plan for PM-10 and MAG 1998 Serious Area
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A,
4 pages), adopted on September 18, 1997.
(2) Resolution No. 98-15: Resolution To Implement Measures in the
MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 8 pages), adopted on August 20, 1998.
(3) Resolution No 98-05: Resolution Stating Intent to Work
Cooperatively with Maricopa County to Control the Generation of Fugitive
Dust Pollution (including Exhibit A, 2 pages), adopted February 19,
1998.
(W) Maricopa County, Arizona.
(1) Resolution to Implement Measures in the MAG 1997 Serious Area
Particulate Plan for PM-10 and MAG 1A998 Serious Area Carbon Monoxide
Plan for the Maricopa County Area (including Exhibit A, 16 pages),
adopted on June 25, 1997. [Incorporation note: ``1A998'' error in the
original.]
(2) Resolution to Implement Measures in the MAG 1997 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 9 pages), adopted on November 19, 1997.
(3) Resolution to Implement Measures in the MAG 1998 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 10 pages), adopted on February 17, 1999.
(4) Resolution to Implement Measures in the MAG 1999 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 10 pages), adopted on December 15, 1999.
(X) Arizona Department of Transportation, Phoenix, Arizona.
(1) Resolution to Implement Measures in the MAG 1997 Serious Area
Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide
Plan for the Maricopa County Area (including Exhibit A, 24 pages plus
index page), adopted on June 20, 1997.
(2) Resolution to Implement Measures in the MAG 1998 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 8 pages), adopted on July 17, 1998.
(Y) Regional Public Transportation Authority, Phoenix, Arizona.
(1) Resolution 9701: Resolution to Implement Measures in the MAG
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A,
23 pages), adopted on June 12, 1997.
(Z) State of Arizona.
(1) Arizona Revised Statute Section 49-542(F)(7) as added in Section
31 of Arizona Senate Bill 1002, 42nd Legislative Session, 7th Special
Session (1996), approved by the Governor July 18, 1996.
(101) Plan revisions submitted on March 2, 2000, by the Governor's
designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 310 revised on February 16, 2000.
(2) Rule 310.01 adopted on February 16, 2000.
(3) Appendix C revised on February 16, 2000.
(102) Plan revisions submitted on January 8, 2002, by the Governor's
designee.
(i) Incorporation by reference. (1) Maricopa County, Arizona.
(1) Resolution to Update Control Measure 6 in the Revised MAG 1999
Serious Area Particulate Plan for PM-10 for the Maricopa County Area
(including Exhibit A, 2 pages), adopted on December 19, 2001.
(103) The following plan was submitted on February 7, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Bullhead City Moderate Area PM10 Maintenance Plan and
Request for Redesignation to Attainment, adopted on February 7, 2002.
(104) The following plan was submitted on March 29, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
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(1) Payson Moderate Area PM10 Maintenance Plan and
Request for Redesignation to Attainment, adopted on March 29, 2002.
(B) [Reserved]
(105) Amended rule for the following agency was submitted on March
22, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 314, revised on December 19, 2001.
(106) Amended rule for the following agency was submitted on
February 22, 2002, by the governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 140, revised on September 5, 2001.
(107) Amended rules for the following agency were submitted on
October 7, 1998 by the Governor's designee.
(i) Incorporation by reference. (A) Pinal County Air Quality Control
District.
(1) Rule 1-3-140, adopted on June 29, 1993 and amended on July 29,
1998.
(2) Rule 4-2-050, adopted on May 14, 1997.
(108) Revisions to the Arizona State Implementation Plan for the
Motor Vehicle Inspection and Maintenance Programs, submitted on July 6,
2001.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Section 49-551 as amended in Section 27 of Arizona Senate Bill
1427, 43rd Legislature, 2nd Regular Session (1998), approved by the
Governor on May 29, 1998.
(2) Section 49-544 as amended in Section 15 of Arizona Senate Bill
1007, 43rd Legislature, 4th Special Session (1998), approved by the
Governor on May 20, 1998.
(3) Section 49-541 as amended in Section 44 of Arizona House Bill
2189, 44th Legislature, 1st Regular Session (1999), approved by the
Governor on May 18, 1999.
(4) Section 49-542.01 repealed in Section 3 and Section 49-545 as
amended in Section 5 of Arizona House Bill 2104, 44th Legislature, 2nd
Regular session (2000), approved by the Governor on April 28, 2000.
(5) Section 49-542.05 as added in Section 23 of Arizona Senate Bill
1004, 44th Legislature, 7th Special Session (2000), approved by the
Governor on December 14, 2000.
(B) Arizona Administrative Code.
(1) Title 18, Chapter 2, Article 10 (except for AAC R 18-2-1020)
``Motor Vehicles; Inspection and Maintenance'' as adopted on December
31, 2000.
(109) Revisions to the Arizona State Implementation Plan for the
Motor Vehicle Inspection and Maintenance Programs, submitted on April
10, 2002 by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Section 49-542 as amended in Section 9, Section 49-543 as
amended in Section 11, and Section 49-541.01 repealed in Section 29 of
Arizona House Bill 2538, 45th Legislature, 1st Regular Session (2001),
approved by the Governor on May 7, 2001.
(B) Arizona Administrative Code.
(1) Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of
AAC R 18-2-1014 and R 18-2-1015 effective January 1, 2002.
(110) New and amended regulations were submitted on July 15, 1998,
and supplemented on May 16, 2014, by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Rules R18-2-701, R18-2-710, R18-2-725, R18-2-727, R18-2-801,
R18-2-802, R18-2-803, R18-2-804, and R18-2-805, amended on November 15,
1993.
(2) Rules R18-2-715.02 and R18-2-715, Appendix 8 amended on November
15, 1993.
(3) Arizona Administrative Code, title 18 (``Environmental
Quality''), chapter 2 (``Department of Environmental Quality--Air
Pollution Control''), supp. 12-2, June 30, 2012: R18-2-601
(``General''); R18-2-604 (``Open Areas, Dry Washes, or Riverbeds'');
R18-2-605 (``Roadways and Streets''); R18-2-606 (``Material Handling'');
R18-2-607 (``Storage Piles''); and R18-2-614 (``Evaluation of Nonpoint
Source Emissions''); R18-2-706 (``Standards of Performance for Existing
Nitric Acid Plants''); R18-2-707 (``Standards of Performance for
Existing Sulfuric Acid
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Plants''); R18-2-714 (``Standards of Performance for Existing Sewage
Treatment Plants''); R18-2-723 (``Standards of Performance for Existing
Concrete Batch Plants''); R18-2-726 (``Standards of Performance for
Sandblasting Operations''); and R18-2-728 (``Standards of Performance
for Existing Ammonium Sulfide Manufacturing Plants'').
(111) The following plan was submitted on June 18, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Ajo Sulfur Dioxide State Implementation and Maintenance Plan,
adopted by Arizona Department of Environmental Quality on June 18, 2002.
(112) Revised regulations were submitted on August 15, 2001, by the
Governor's designee as part of the submittal entitled Arizona Cleaner
Burning Gasoline Rule to Revise the State Implementation Plan for the
Maricopa County Carbon Monoxide, Ozone, and PM10 Nonattainment Areas.
The incorporated materials from this submittal supercede those included
in the submittals entitled SIP Revision, Arizona Cleaner Burning
Gasoline Permanent Rules--Maricopa County Ozone Nonattainment Area,
submitted on February 24, 1999, and State Implementation Plan Revision
for the Cleaner Burning Gasoline Program in the Maricopa County Ozone
Nonattainment Area, submitted on March 29, 2001.
(i) Incorporation by reference. (A) Arizona Administrative Code.
(1) AAC R20-2-701, R20-2-716, R20-2-750 through 762, and Title 20,
Chap. 2, Art. 7, Tables 1 and 2 (March 31, 2001).
(113) Revised statutes were submitted on January 22, 2004, by the
Governor's designee as part of the submittal entitled Supplement to
Cleaner Burning Gasoline Program State Implementation Plan Revision. The
incorporated materials from this submittal supercede those included in
the submittals entitled SIP Revision, Arizona Cleaner Burning Gasoline
Permanent Rules--Maricopa County Ozone Nonattainment Area, submitted on
February 24, 1999, State Implementation Plan Revision for the Cleaner
Burning Gasoline Program in the Maricopa County Ozone Nonattainment
Area, submitted on March 29, 2001, and Arizona Cleaner Burning Gasoline
Rule to Revise the State Implementation Plan for the Maricopa County
Carbon Monoxide, Ozone, and PM10 Nonattainment Areas, submitted August
15, 2001.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) ARS sections 49-541(1)(a), (b), and (c), 41-2124, 41-2123, 41-
2113(B)(4), 41-2115, and 41-2066(A)(2) (as codified on March 31, 2001).
(114) The following plan was submitted on June 21, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Morenci Sulfur Dioxide Nonattainment Area State Implementation
and Maintenance Plan, adopted by the Arizona Department of Environmental
Quality on June 21, 2002.
(115) Amended regulations were submitted on January 16, 2004, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Rule 18-2-101 (Paragraphs 41 and 111), amended on November 15,
1993 and Rule R-18-2-702, amended on December 26, 2003.
(116) New and amended regulations were submitted on September 12,
2003, by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Rules R18-2-715 (sections F, G, and H) and R18-2-715.01 amended
on August 9, 2002.
(117) Amended regulation was submitted on July 28, 2004, by the
Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 331 adopted on April 21, 2004.
(118) The following plan was submitted on April 18, 2001, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Revised MAG 1999 Serious Area Carbon Monoxide Plan for the
Maricopa County Nonattainment Area, dated March 2001, adopted by the
Maricopa Association of Governments on March
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28, 2001, and adopted by the Arizona Department of Environmental Quality
on April 18, 2001.
(119) The following plan was submitted on June 16, 2003, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) MAG Carbon Monoxide Redesignation Request and Maintenance Plan
for the Maricopa County Nonattainment Area and Appendices, dated May
2003, adopted by the Arizona Department of Environmental Quality on June
16, 2003.
(120) [Reserved]
(121) A plan revision was submitted on April 20, 2005 by the
Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Permit V98-004, condition 23, W.R. Meadows of Arizona, Inc.,
Goodyear, AZ, adopted on February 17, 2005.
(122) A plan revision was submitted on April 25, 2005 by the
Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 358 adopted on April 20, 2005.
(123) The following plan was submitted on December 7, 1998, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Letter and enclosures regarding Arizona's Intent to ``Opt-out''
of the Clean Fuel Fleet Program, adopted by the Arizona Department of
Environmental Quality on December 7, 1998.
(124) The following plan was submitted on December 14, 2000, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Final Serious Area Ozone State Implementation Plan for Maricopa
County, dated December 2000, adopted by the Arizona Department of
Environmental Quality on December 14, 2000.
(125) The following plan was submitted on April 21, 2004, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) One-Hour Ozone Redesignation Request and Maintenance Plan for
the Maricopa County Nonattainment Area, dated March 2004, adopted by the
Maricopa Association of Governments Regional Council on March 26, 2004
and adopted by the Arizona Department of Environmental Quality on April
21, 2004.
(126) The following plan was submitted on December 14, 2001, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Douglas Sulfur Dioxide Nonattainment Area State Implementation
and Maintenance Plan, dated November 29, 2001, adopted by the Arizona
Department of Environmental Quality on December 14, 2001.
(127) The following plan was submitted on April 2, 2004, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Modeling Supplement--Douglas Sulfur Dioxide (SO2)
State Implementation and Maintenance Plan, adopted by the Arizona
Department of Environmental Quality on April 2, 2004.
(128) The following plan was submitted on September 16, 2005, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Modeling and Emissions Inventory Supplement for the Douglas
Sulfur Dioxide Nonattainment Area State Implementation and Maintenance
Plan and Redesignation Request, dated September 2005, adopted by the
Arizona Department of Environmental Quality on September 16, 2005.
(129) The following amended rule was submitted on September 12,
2005, by the Governor's designee.
(i) Incorporation by reference.
(A) Pinal County Air Quality Control District.
(1) Rule 2-8-300, adopted on June 29, 1993 and amended on May 18,
2005.
(130) An amended regulation was submitted on March 1, 2006, by the
Governor's designee.
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(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Rule R18-2-Appendix 8, adopted on December 22, 1976 and amended
effective on July 18, 2005.
(131) The following amended rules were submitted on December 30,
2004, by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Rule R18-2-602, adopted effective on May 14, 1979 and amended
effective on March 16, 2004.
(2) Rules R18-2-1501, R18-2-1502, R18-2-1503, R18-2-1504, R18-2-
1505, R18-2-1506, R18-2-1507, R18-2-1508, R18-2-1509, R18-2-1510, R18-2-
1511, R18-2-1512, and R18-2-1513, adopted effective on October 8, 1996
and amended effective on March 16, 2004.
(B) Pima County Department of Environmental Quality.
(1) Rule 17.12.480, amended on October 19, 2004.
(C) Pinal County Air Quality Control District.
(1) Rules 3-8-700 and 3-8-710, adopted effective on June 29, 1993
and amended on October 27, 2004.
(132) The following plan revision was submitted on June 26, 2002, by
the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Final Miami Sulfur Dioxide Nonattainment Area State
Implementation and Maintenance Plan (June 2002), chapter 7
(``Maintenance Plan''), adopted on June 26, 2002 by the Arizona
Department of Environmental Quality.
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Final Miami Sulfur Dioxide Nonattainment Area State
Implementation and Maintenance Plan (June 2002), excluding the cover
page, and pages iii, 2, 3, 4, and 49; chapter 7 (``Maintenance Plan'');
appendix A (``SIP Support Information''), sections A.1 (``Pertinent
Sections of the Arizona Administrative Code'') and A.2 (``Information
Regarding Revisions to AAC R18-2-715 and R18-2-715.01, `Standards of
Performance for Primary Copper Smelters: Site Specific Requirements;
Compliance and Monitoring' ''); and appendix D (``SIP Public Hearing
Documentation''), adopted on June 26, 2002 by the Arizona Department of
Environmental Quality.
(2) Submittal of Corrections to the Final Miami Sulfur Dioxide
Nonattainment Area State Implementation and Maintenance Plan (June
2002), letter and enclosures (replacement pages for the cover page and
pages iii, 2, 3, 4 and 49), dated June 30, 2004.
(3) Letter from Stephen A. Owens, Director, Arizona Department of
Environmental Quality, dated June 20, 2006, withdrawing a section
107(d)(3)(D) boundary redesignation request included in the Miami Sulfur
Dioxide Nonattainment Area State Implementation and Maintenance Plan and
requesting a section 110(k)(6) error correction.
(133) The following statute and plan were submitted on December 23,
2005 by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) Section 49-542 as amended in section 1 of the Arizona House Bill
2357, 47th Legislature, 1st Regular Session (2005) and approved by the
Governor on April 13, 2005.
(ii) Additional material.
(A) Arizona Department of Environmental Quality.
(1) Final Arizona State Implementation Plan Revision, Basic and
Enhanced Vehicle Emissions Inspection/Maintenance Programs (December
2005), adopted by the Arizona Department of Environmental Quality on
December 23, 2005, excluding appendices.
(134) The following plan was submitted on October 3, 2006 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) September 2006 Supplement to Final Arizona State Implementation
Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/
Maintenance Programs, December 2005, adopted by the Arizona Department
of Environmental Quality on October 3, 2006, excluding appendices.
(135) An amended regulation was submitted on June 8, 2006, by the
Governor's designee.
(i) Incorporation by reference.
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(A) Maricopa County Environmental Services Department.
(1) Rule 314, adopted on July 13, 1988 and amended on April 20,
2005.
(136) The following plan was submitted on May 24, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Revision to the Arizona State Implementation Plan Under Clean
Air Act Section 110(a)(2)(D)(i)--Regional Transport (May 2007), adopted
by the Arizona Department of Environmental Quality on May 24, 2007.
(137) The Administrator is approving the following elements of the
Revised PM-10 State Implementation Plan for the Salt River Area,
September 2005, submitted on October 7, 2005, by the Governor's
designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 325, adopted on August 10, 2005.
(2) Rule 310, revised on April 7, 2004.
(3) Appendix C, ``Fugitive Dust Test Methods,'' adopted on June 16,
1999, and revised on April 7, 2004.
(4) Appendix F, ``Soil Designations,'' adopted on April 7, 2004.
(5) Resolution No. C-85-05-005-0-00: Resolution to Implement
Additional Measures for the Maricopa County, Arizona Serious PM-10
Nonattainment Area (including Exhibit A), adopted on January 19, 2005.
(B) City of Apache Junction.
(1) Resolution No. 04-24: A Resolution of the Mayor and City Council
of the City of Apache Junction, Arizona, Implementing Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A), adopted on September 21, 2004.
(C) City of Avondale.
(1) Resolution No. 2448-04: A Resolution of the Council of the City
of Avondale, Arizona, Implementing Measures to Reduce Reentrained Dust
Emissions from Targeted Paved Roads in the Revised PM-10 State
Implementation Plan for the Salt River Area (including Exhibit A),
adopted on September 20, 2004.
(D) Town of Buckeye.
(1) Resolution No. 58-04: A Resolution of the Mayor and Town Council
of the Town of Buckeye, Arizona, Implementing Measures to Reduce
Reentrained Dust Emission from Targeted Paved Roads in the Revised PM-10
State Implementation Plan for the Salt River Area (including Exhibit A),
adopted on November 16, 2004.
(E) City of Chandler.
(1) Resolution No. 3782: Resolution to Implement Measures to Reduce
Re-entrained Dust Emissions from Identified Paved Roads in Chandler As
Part of the Revised PM-10 State Implementation Plan for Air Quality
(including Exhibit A and Exhibit B), adopted on October 14, 2004.
(F) City of El Mirage.
(1) Resolution No. R04-10-54: A Resolution of the Mayor and City
Council of the City of El Mirage, Maricopa County, Arizona, Implementing
Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads
in the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on October 28, 2004.
(G) Town of Fountain Hills.
(1) Resolution No. 2004-63: A Resolution of the Mayor and Council of
the Town of Fountain Hills, Arizona, Implementing Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A and Protocol to Reduce Reentrained Dust Emissions from Targeted Paved
Roads), adopted on November 18, 2004.
(H) Town of Gilbert.
(1) Resolution No. 2575: A Resolution of the Common Council of the
Town of Gilbert, Arizona to Implement Measures to Reduce Reentrained
Dust Emissions from Targeted Paved Roads in the Revised PM-10 State
Implementation Plan for the Salt River Area (including Exhibit A and
Town of Gilbert Protocol for Reducing PM-10 Emissions from ``High Dust''
Paved Roads), adopted on March 29, 2005.
(I) City of Glendale.
(1) Resolution No. 3796 New Series: A Resolution of the Council of
the City of Glendale, Maricopa County, Arizona, Implementing Measures to
Reduce Re-
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entrained Dust Emissions from Targeted Paved Roads in the Revised PM-10
State Implementation Plan for the Salt River Area (including Exhibit A
and Glendale Targeted Street Sweeping Protocol to Reduce Dust
Emissions), adopted on September 14, 2004.
(J) City of Goodyear.
(1) Resolution No. 04-941: A Resolution of the Mayor and Council of
the City of Goodyear, Maricopa County, Arizona, to Authorize the City
Manager to Implement Measures to Reduce Reentrained Dust Emissions from
Targeted Paved Roads in the Revised PM-10 State Implementation Plan for
the Salt River Area (including Exhibit A and Protocol for Reducing
Reentrained Dust Emissions from Targeted Paved Roads), adopted on
October 25, 2004.
(K) City of Mesa.
(1) Resolution No. 8344: A Resolution of the City Council of the
City of Mesa, Maricopa County, Arizona, Stating the City's Intent to
Implement Measures to Reduce Particulate Pollution (including Exhibit
A), adopted on October 4, 2004.
(L) Town of Paradise Valley.
(1) Resolution Number 1084: Resolution to Implement Measures to
Reduce Reentrained Dust Emissions from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on September 23, 2004.
(M) City of Peoria.
(1) Resolution No. 04-235: A Resolution of the Mayor and City
Council of the City of Peoria, Maricopa County, Arizona, Implementing
Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads
in the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A and City of Peoria Targeted Paved Roadways Dust
Control Protocol, September 24, 2004), adopted on October 5, 2004.
(N) City of Phoenix.
(1) Resolution No. 20114: A Resolution Stating the City's Intent to
Implement Measures to Reduce Air Pollution (including Exhibit A, City of
Phoenix 2004 Protocol and Implementation Plan for Paved Streets with
Potential for Dust Emissions, and Attachment A), adopted on June 16,
2004.
(O) City of Scottsdale.
(1) Resolution No. 6588: A Resolution of the Council of the City of
Scottsdale, Maricopa County Arizona, Authorizing Implementation of
Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads
in the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A and Attachment 1--Protocol to Reduce Reentrained
Dust Emissions from Targeted Paved Roads), adopted on December 6, 2004.
(P) City of Surprise.
(1) Resolution No. 04-163: A Resolution of the Mayor and Council of
the City of Surprise, Arizona, to Implement Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A and Protocol), adopted on September 23, 2004.
(Q) City of Tempe.
(1) Resolution No. 2004.84: A Resolution of the Mayor and City
Council of the City of Tempe, Arizona, to Implement Measures to Reduce
Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A and Protocol for Reducing Re-entrained Dust Emissions from Targeted
Paved Roads, September 30, 2004), adopted on September 30, 2004.
(R) City of Tolleson.
(1) Resolution No. 947: A Resolution of the Mayor and City Council
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures
to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on September 28, 2004.
(S) Town of Youngtown.
(1) Resolution No. 05-01: Resolution to Implement Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A), adopted on January 20, 2005.
(T) Arizona Department of Transportation.
(1) Resolution to Implement Measures to Reduce Reentrained Dust
Emissions from Targeted Paved Roads in
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the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A and Arizona Department of Transportation Plan to
Reduce Reentrained Dust Emissions from Targeted Paved Roads), adopted on
September 17, 2004.
(138) The Administrator is approving the following elements of the
Revised PM-10 State Implementation Plan for the Salt River Area,
Additional Submittals, September 2005, Additional Submittal in November
2005, submitted on November 29, 2005, by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 310.01, adopted on June 16, 1999, and revised on February
17, 2005.
(2) Application for Dust Control Permit, adopted on June 22, 2005.
(3) Guidance for Application for Dust Control Permit, adopted on
June 22, 2005.
(139) The following plan was submitted on July 5, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department
(1) Rule 242, adopted on June 20, 2007.
(140) The following plan was submitted on June 7, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality. (1) Final Arizona
State Implementation Plan Revision, San Manuel Sulfur Dioxide
Nonattainment Area, March 2007, Arizona Department of Environmental
Quality.
(B) Maricopa County Air Quality Department.
(1) Rule 510, ``Air Quality Standards,'' excluding Appendix G to the
Maricopa County Air Pollution Control Regulations, adopted on July 13,
1988 and revised on November 1, 2006.
(141) The following amended rules were submitted on July 10, 2008,
by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County.
(1) Ordinance P-26, ``Residential Woodburning Restriction
Ordinance,'' adopted on October 5, 1994 and revised on March 26, 2008.
(B) Maricopa County Air Quality Department.
(1) Rule 314, ``Open Outdoor Fires and Indoor Fireplaces at
Commercial and Institutional Establishments,'' adopted on July 13, 1988
and revised on March 12, 2008.
(2) Rule 316, ``Nonmetallic Mineral Processing,'' adopted on March
12, 2008.
(3) Rule 300, ``Visible Emissions,'' amended March 12, 2008.
(142) New and amended regulations were submitted on January 9, 2008,
by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 322, ``Power Plant Operations,'' adopted October 17, 2007.
(2) Rule 323, ``Fuel Burning Equipment from Industrial/Commercial/
Institutional (ICI) Sources,'' adopted October 17, 2007.
(3) Rule 324, ``Stationary Internal Combustion (IC) Engines,''
adopted October 17, 2007.
(143) The 2008 Revision to the Carbon Monoxide Limited Maintenance
Plan for the Tucson Air Planning Area (for 2010), adopted by the Pima
Association of Governments on June 26, 2008, and adopted and submitted
by the Arizona Department of Environmental Quality on July 10, 2008,
excluding appendix D.
(144) Appendix D (Revised) (``Letter from Arizona Department of
Environmental Quality re: Vehicle Emissions Inspection Program (VEIP),
Revised to include supporting documents authorizing the VEIP from 2009
to 2017 (Chapter 171, Senate Bill 1531 from the 48th Regular Session of
the Arizona Legislature and Arizona Revised Statute text A.R.S. 41-
3017.01''), adopted as a Supplement to the Carbon Monoxide Limited
Maintenance Plan for the Tucson Air Planning Area (for 2010) by the Pima
Association of Governments on May 28, 2009, and adopted and submitted by
the Arizona Department of Environmental Quality on June 22, 2009.
(145) New and amended regulations were submitted on June 12, 2009 by
the Governor's designee.
(i) Incorporation by Reference.
(A) Pinal County Air Quality Control District.
[[Page 349]]
(1) Rule 2-8-302, ``Performance Standards--Hayden PM-10 Non-
attainment Area,'' adopted on January 7, 2009.
(i) Pinal County Board of Supervisors, Resolution No. 010709-AQ3,
Pinal County Air Quality Control District, ``A Resolution of the Board
of Supervisors of Pinal County, Adopting Certain Revisions to the Pinal
County Air Quality Control District Rules, adopted January 7, 2009; to
Wit: Rule 2-8-302 (Performance Standards--Hayden PM10 Nonattainment
Area). Rule 4-2-020, ``Fugitive Dust--General,'' amended on December 4,
2002. Rule 4-2-030, ``Fugitive Dust--Definitions,'' amended on December
4, 2002. Chapter 4, Article 4, ``PM-10 Non-attainment Area Rules;
Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and
Working Yards''; Section 4-4-100, ``General Provisions,'' amended on
June 3, 2009; Section 4-4-110, ``Definitions,'' amended on June 3, 2009;
Section 4-4-120, ``Objective Standards,'' amended on June 3, 2009;
Section 4-4-130, ``Work Practice Standards,'' adopted on June 3, 2009;
Section 4-4-140, ``Recordkeeping and Records Retention,'' adopted on
June 3, 2009. Chapter 4, Article 5, ``PM-10 Non-attainment Area Rules;
Stabilization for Residential Parking and Drives''; Section 4-5-150,
``Stabilization for Residential Parking and Drives; Applicability,''
amended on June 3, 2009; Section 4-5-160, ``Residential Parking Control
Requirement,'' amended on June 3, 2009; Section 4-5-170, ``Deferred
enforcement date,'' amended on June 3, 2009. Chapter 4, Article 7,
``Construction Sites in Non-Attainment Areas--Fugitive Dust''; Section
4-7-210, ``Definitions,'' adopted on June 3, 2009; Section 4-7-214,
``General Provisions,'' adopted on June 3, 2009; Section 4-7-218,
``Applicability; Development Activity,'' adopted on June 3, 2009;
Section 4-7-222, ``Owner and/or Operator Liability,'' adopted on June 3,
2009; Section 4-7-226, ``Objective Standards; Sites,'' adopted on June
3, 2009; Section 4-7-230, ``Obligatory Work Practice Standards; Sites,''
adopted on June 3, 2009; Section 4-7-234, ``Nonattainment-Area Dust
Permit Program; General Provisions,'' adopted on June 3, 2009; Section
4-7-238, ``Nonattainment Area Site Permits,'' adopted on June 3, 2009;
Section 4-7-242, ``Nonattainment Area Block Permits,'' adopted on June
3, 2009; Section 4-7-246, ``Recordkeeping and Records Retention,''
adopted on June 3, 2009. Chapter 4, Article 9, ``Test Methods''; Section
4-9-320, ``Test Methods for Stabilization For Unpaved Roads and Unpaved
Parking Lots,'' adopted on June 3, 2009; Section 4-9-340, ``Visual
Opacity Test Methods,'' adopted on June 3, 2009.
(146) The following plan was submitted on April 12, 2010 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 310, ``Fugitive Dust From Dust-Generating Operations,''
adopted on January 27, 2010.
(2) Rule 310.01, ``Fugitive Dust From Non-Traditional Sources of
Fugitive Dust,'' adopted on January 27, 2010.
(147) The following plan was submitted on July 10, 2008 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Appendix C--``Fugitive Dust Test Methods,'' adopted on March 26,
2008.
(148) The following plan revision was submitted on September 21,
2009 by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of Weights
and Measures. (1) Arizona Revised Statutes, title 41 (State Government),
chapter 15 (Department of Weights and Measures), as amended and
supplemented by the general and permanent laws enacted through the First
Special Session, and legislation effective January 11, 2011 of the First
Regular Session of the Fiftieth Legislature (2011):
(i) Article 1 (General Provisions), section 41-2051
(``Definitions''), subsections (6) (``Certification''), (10)
(``Department''), (11) (``Diesel fuel''), (12) (``Director''), and (13)
(``E85''), amended by Laws 2008, Ch. 254, Sec. 2;
(ii) Article 6 (Motor Fuel), section 41-2121 (``Definitions''),
subsection (5) (``Gasoline'') amended by Laws 2007, Ch. 292, Sec. 11;
and
(iii) Article 7 (Gasoline Vapor Control), section 41-2131
(``Definitions''), added by Laws 1992, Ch. 299, Sec. 6; section 41-2132
(``Stage I and stage II vapor recovery systems''), amended by Laws
[[Page 350]]
2010, Ch. 181, Sec. 2; and section 41-2133 (``Compliance schedules''),
amended by Laws 1999, Ch. 295, Sec. 17.
(2) Arizona Administrative Code, title 20, chapter 2, article 1
(Administration and Procedures), section R20-2-101 (``Definitions''),
effective (for state purposes) on June 5, 2004.
(3) Arizona Administrative Code, title 20, chapter 2, article 9
(Gasoline Vapor Control):
(i) Sections R20-2-901 (``Material Incorporated by Reference''),
R20-2-902 (``Exemptions''), R20-2-903 (``Equipment and Installation''),
R20-2-904 (``Application Requirements and Process for Authority to
Construct Plan Approval''), R20-2-905 (``Initial Inspection and
Testing''), R20-2-910 (``Annual Inspection and Testing''), R20-2-911
(``Compliance Inspections''), and R20-2-912 (``Enforcement''), effective
(for state purposes) on June 5, 2004.
(ii) Sections R20-2-907 (``Operation''), R20-2-908 (``Training and
Public Education''), and R20-2-909 (``Recordkeeping and Reporting''),
effective (for state purposes) on October 8, 1998.
(149) The following plan was submitted on June 13, 2007 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Materials. (A) Arizona Department of Environmental
Quality. (1) Letter dated June 13, 2007 from Stephen A. Owens, Director,
ADEQ, to Wayne Nastri, Regional Administrator, United States
Environmental Protection Agency, Region IX.
(2) Eight-Hour Ozone Plan for the Maricopa Nonattainment Area, dated
June 2007, including Appendices, Volumes One and Two.
(150) The following plan was submitted on August 24, 2012, by the
Governor's designee.
(i) [Reserved]
(ii) Additional material.
(A) Arizona Department of Environmental Quality.
(1) ``Final 2012 State Implementation Plan Nogales PM10
Nonattainment Area,'' dated August 24, 2012, including Appendices A-K,
adopted on August 24, 2012.
(151) The following plan revisions were submitted on August 15, 1994
by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Rule R18-2-220, Air pollution emergency episodes, Department of
Environmental Quality-Air Pollution Control, amended effective September
26, 1990.
(2) A letter from Eric C. Massey, Director, Air Quality, Arizona
Department of Environmental Quality, to Jared Blumenfeld, Regional
Administrator, US EPA, dated August 30, 2012, certifying that the
attached copy of a document titled ``Procedures for Prevention of
Emergency Episodes: 1988 Edition'' is a true and correct copy of the
original and is an official publication of the Arizona Department of
Environmental Quality.
(3) ``Procedures for Prevention of Emergency Episodes,'' 1988
edition, Arizona Department of Environmental Quality.
(152) The following plan was submitted August 24, 2012, by the
Governor's designee.
(i) Incorporated by reference.
(A) Arizona Department of Environmental Quality.
(1) Arizona Administrative Code, title 18, chapter 2, article 3
(Permits and Permit Revisions):
(i) Section R18-2-313 (``Existing Source Emission Monitoring''),
effective on February 15, 2001.
(ii) Section R18-2-327, (``Annual Emissions Inventory
Questionnaire''), effective on December 7, 1995.
(B) Maricopa County Air Quality Department.
(1) Rule 100, Section 500, ``Monitoring and Records,'' revised on
March 15, 2006.
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) ``Final Supplement to the Arizona State Implementation Plan
under Clean Air Act Section 110(a)(1) and (2): Implementation of 2006
PM2.5 National Ambient Air Quality Standards, 1997
PM2.5 National Ambient Air Quality Standards, and 1997 8-Hour
Ozone National Ambient Air Quality Standards,'' August 2012, adopted by
the Arizona Department of Environmental Quality on August 24, 2012,
excluding the appendices.
[[Page 351]]
(2) Arizona Revised Statutes (West's, 2011-2012 Compact Edition):
(i) Title 28 (transportation), chapter 7 (certification of title and
registration), article 5 (registration requirements generally), section
28-2153 (``Registration requirement; exceptions; assessment; violation;
classification'');
(ii) Title 35 (public finances), chapter 2 (handling of public
funds), article 2 (state management of public monies), section 35-313
(``Investment of trust and treasury monies; loan of securities'');
(iii) Title 38 (public officers and employees), chapter 1 (general
provisions), article 1 (definitions), section 38-101 (``Definitions'')
and article 8 (conflict of interest of officers and employees), sections
38-501 (``Application of article''), 38-502 (``Definitions''), 38-503
(``Conflict of interest; exemptions; employment prohibition''), 38-504
(``Prohibited acts''), 38-505 (``Additional income prohibited for
services'') 38-506 (``Remedies''), 38-507 (``Opinions of the attorney
general, county attorneys, city or town attorneys and house and senate
ethics committee''), 38-508 (``Authority of public officers and
employees to act''), 38-509 (Filing of disclosures''), 38-510
(``Penalties''), and 38-511 (``Cancellation of political subdivision and
state contracts; definition'');
(iv) Title 49 (the environment), chapter 1 (general provisions),
article 1 (department of environmental quality), section 49-103
(``Department employees; legal counsel''), subsections (A)(2), (A)(4),
(B)(3), and (B)(5) of section 49-104 (``Powers and duties of the
department and director''), and sections 49-106 (``Statewide application
of rules'') and 49-107 (``Local delegation of state authority'');
(v) Title 49 (the environment), chapter 3 (air quality), article 1
(general provisions), section 49-405 (``Attainment area designations'');
article 2 (state air pollution control), sections 49-421
(``Definitions''), 49-422 (``Powers and duties''), 49-424 (``Duties of
department''), 49-425 (``Rules; hearing''), 49-433 (``Special inspection
warrant''), 49-435 (``Hearings on orders of abatement''), and 49-441
(``Suspension and revocation of conditional order''), subsections (A)
and (B)(2) of section 49-455 (``Permit administration fund''), and
sections 49-460 (``Violations; production of records''), 49-461
(``Violations; order of abatement''), 49-462 (``Violations; injunctive
relief''), 49-463 (``Violations; civil penalties''), and 49-465 (``Air
pollution emergency''); and article 3 (county air pollution control),
sections 49-471 (``Definitions''), 49-473 (``Board of supervisors''),
49-474 (``County control boards''), 49-476.01 (``Monitoring''), 49-478
(``Hearing board''), 49-479 (``Rules; hearing''), 49-480.02 (``Appeals
of permit actions''), 49-482 (``Appeals to hearing board''), 49-488
(``Special inspection warrant''), 49-490 (``Hearings on orders of
abatement''), 49-495 (``Suspension and revocation of conditional
order''), 49-502 (``Violation; classification''), 49-510 (``Violations;
production of records''), 49-511 (``Violations; order of abatement''),
49-512 (``Violations; injunctive relief''), and 49-513 (``Violations;
civil penalties'').
(153) The following plan was submitted on October 14, 2009, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) ``Arizona State Implementation Plan Revision under Clean Air Act
Section 110(a)(1) and (2): Implementation of 2006 PM2.5
National Ambient Air Quality Standards, 1997 PM2.5 National
Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient
Air Quality Standards,'' September 2009, adopted by the Arizona
Department of Environmental Quality on October 14, 2009, excluding the
appendices.
(154) The following plan was submitted February 28, 2011, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Arizona State Implementation Plan, Regional Haze Under Section
308 of the Federal Regional Haze Rule: Appendix D, Arizona BART--
Supplemental Information:
(i) Table 1.1--NOX BART, entry for AEPCO [Apache], ST1
[Unit 1] only.
(ii) Table 1.2--PM10 BART, entries for AEPCO [Apache],
APS Cholla Power Plant and SRP Coronado Generating Station.
[[Page 352]]
(iii) Table 1.3--SO2 BART, entries for AEPCO, APS Cholla
Power Plant and SRP Coronado Generating Station.
(2) Arizona State Implementation Plan, Regional Haze Under Section
308 of the Federal Regional Haze Rule (January 2011), excluding:
(i) Chapter 6: table 6.1; chapter 10: sections 10.4, 10.6 (regarding
Unit I4 at the Irvington (Sundt) Generating Station), 10.7, and 10.8;
chapter 11; chapter 12: sections 12.7.3 (``Emission Limitation and
Schedules of Compliance'') and 12.7.6 (``Enforceability of Arizona's
Measures''); and chapter 13: section 13.2.3 (``Arizona and Other State
Emission Reductions Obligations'');
(ii) Appendix D: chapter I; chapter V (regarding Unit I4 at the
Irvington (Sundt) Generating Station); chapter VI, sections C and D;
chapter VII; chapter IX; chapter X, section E.1; chapter XI, section D;
chapter XII, sections B and C; chapter XIII, sections B, C, and D; and
chapter XIV, section D; and
(iii) Appendix E.
(155) The following plan was submitted on November 6, 2009 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Affidavit by Efrem K. Sepulveda, Law Librarian, Arizona State
Library, Archives and Public Records, certifying authenticity of
reproduction of A.R.S. Sec. 49-542 (2008 edition) plus title page to
pocket part of Title 49 (2008 edition), signed January 11, 2013.
(2) Arizona Revised Statutes (Thomson West, 2008 Cumulative Pocket
Part): Title 49 (the environment), section 49-542 (``Emissions
inspection program; powers and duties of director; administration;
periodic inspection; minimum standards and rules; exceptions;
definition'').
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Final Arizona State Implementation Plan Revision, Exemption of
Motorcycles from Vehicle Emissions Inspections and Maintenance Program
Requirements in Area A (October 2009), adopted by the Arizona Department
of Environmental Quality on November 6, 2009, excluding appendices A and
C.
(156) The following plan was submitted on January 11, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Final Addendum to the Arizona State Implementation Plan
Revision, Exemption of Motorcycles from Vehicle Emissions Inspections
and Maintenance Program Requirements in Area A, October 2009 (December
2010), adopted by the Arizona Department of Environmental Quality on
January 11, 2011.
(157) The following plan was submitted on May 25, 2012 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Affidavit by Barbara Howe, Law Reference Librarian, Arizona
State Library, Archives and Public Records, certifying authenticity of
reproduction of Arizona Revised Statutes Sec. 49-451 (sic) (corrected
to Sec. 49-541) (2001 pocket part), signed May 3, 2012.
(2) Arizona Revised Statutes (West Group, 2001 Cumulative Pocket
Part): title 49 (the environment), section 49-541 (``Definitions''),
subsection 1 [Definition of Area A].
(3) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities
and towns), chapter 4 (general powers), article 8 (miscellaneous),
section 9-500.04 (``Air quality control; definitions''), excluding
paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and
paragraph I.
(4) Arizona Revised Statutes (West, 2012): Title 11 (counties),
chapter 6 (county planning and zoning), article 6 (air quality), section
11-877 (``Air quality control measures'').
(5) Arizona Revised Statutes (Thomson/West, 2005 main volume, 2012
Cumulative Pocket Part):
(i) Title 49 (the environment), chapter 3 (air quality), article 2
(state air pollution control), section 49-457.01 (``Leaf blower use
restrictions and training; leaf blowers equipment sellers; informational
material; outreach; applicability''); and
(ii) Title 49 (the environment), chapter 3 (air quality), article 3
(county air pollution control), sections 49-474.01
[[Page 353]]
(``Additional board duties in vehicle emissions control areas;
definitions''), excluding paragraphs A.1 through A.3, A.9, A.10,
paragraphs C through G, and paragraph I; 49-474.05 (``Dust control;
training; site coordinators''); and 49-474.06 (``Dust control;
subcontractor registration; fee'').
(6) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities
and towns), chapter 4 (general powers), article 8 (miscellaneous),
section 9-500.27 (``Off-road vehicle ordinance; applicability;
violation; classification''), excluding paragraphs D and E.
(7) Arizona Revised Statutes (West, 2012): Title 11 (counties),
chapter 6 (county planning and zoning), article 6 (air quality), section
11-871 (``Emissions control; no burn; exemptions; penalty''), excluding
paragraphs C through E.
(8) Arizona Revised Statutes (West, 2012): Title 28
(transportation), chapter 3 (traffic and vehicle regulation), article 18
(vehicle size, weight and load), section 28-1098 (``Vehicle loads;
restrictions; civil penalties''), excluding paragraphs B and C.
(9) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part):
(i) Title 49 (the environment), chapter 3 (air quality), article 2
(state air pollution control), sections 49-457.03 (``Off-road vehicles;
pollution advisory days; applicability; penalties''), excluding
paragraphs C and D; and 49-457.04 (``Off-highway vehicle and all-terrain
vehicle dealers; informational material; outreach; applicability''); and
(ii) Title 49 (the environment), chapter 3 (air quality), article 3
(county air pollution control), section 49-501 (``Unlawful open burning;
exceptions; civil penalty; definition''), excluding paragraph A.1,
paragraphs B.2 through B.6, and paragraphs D, E, G, and H.
(10) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part):
Title 49 (the environment), chapter 3 (air quality), article 2 (state
air pollution control), section 49-457.05 (``Dust action general permit;
best management practices; applicability; definitions''), excluding
paragraph C and paragraphs E, F, G, and H.
(11) Arizona Department of Environmental Quality, Air Quality
Division, Dust Action General Permit, including attachments A, B, and C,
issued December 30, 2011.
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) 2012 Five Percent Plan for PM-10 for the Maricopa County
Nonattainment Area, and Appendices Volume One and Volume Two, adopted
May 23, 2012.
(2) 2012 Five Percent Plan for PM-10 for the Pinal County Township 1
North, Range 8 East Nonattainment Area, adopted May 25, 2012.
(158) The following plan was submitted May 3, 2013, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality (ADEQ).
(1) Arizona State Implementation Plan Revision, Regional Haze Under
Section 308 of the Federal Regional Haze Rule (May 2013), excluding:
(i) Chapter 10, section 10.7 (regarding ASARCO Hayden Smelter
(PM10 emissions) and Chemical Lime Company--Nelson Lime
Plant);
(ii) Chapter 11, except subsection 11.3.1(3) (``Focus on
SO2 and NOX pollutants'');
(iii) Appendix D: chapter I, except for the footnotes in tables 1.1,
1.2 and 1.3 to the entries for AEPCO [Apache], and the entry in table
1.2 for Freeport-McMoRan Miami Smelter; chapter VI, section C (regarding
PM10 emissions from ASARCO Hayden smelter); chapter XII,
section C, and chapter XIII, subsection D; and
(iv) Appendix E.
(159) The following plan was submitted on January 23, 2012 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional Materials.
(A) Arizona Department of Environmental Quality
(1) Final Update of the Limited Maintenance Plan for the Payson
PM10 Maintenance Area (December 2011), adopted by the Arizona
Department of Environmental Quality on January 23, 2012.
(160) The following plan was submitted on March 23, 2009, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
[[Page 354]]
(A) Arizona Department of Environmental Quality.
(1) MAG Eight-Hour Ozone Redesignation Request and Maintenance Plan
for the Maricopa Nonattainment Area (February 2009), adopted by the
Arizona Department of Environmental Quality on March 23, 2009, excluding
the appendices.
(161) The following plan revision was submitted on July 28, 2011,
and supplemented on May 16, 2014, by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) West's Arizona Revised Statutes, 2012-2013 Compact Edition;
title 49 (``Environment''), chapter 3 (``Air Quality''), article 2
(``State Air Pollution Control'') section 49-426 (``Permits; duties of
director; exceptions; applications; objections; fees''), excluding
paragraphs (D), (E)(1), (F), (I), (J), and (M).
(2) Arizona Administrative Code, title 18 (``Environmental
Quality''), chapter 2 (``Department of Environmental Quality--Air
Pollution Control''), supp. 09-1, March 31, 2009: R18-2-608 (``Mineral
Tailings''); R18-2-703 (``Standards of Performance for Fossil-fuel Fired
Steam Generators and General Fuel-burning Equipment''); R18-2-704
(``Standards of Performance for Incinerators''); R18-2-715 (``Standards
of Performance for Existing Primary Copper Smelters; Site-Specific
Requirements''), excluding paragraphs (A) through (E); R18-2-720
(``Standards of Performance for Existing Lime Manufacturing Plants'');
R18-2-724 (``Standards of Performance for Fossil-fuel Fired Industrial
and Commercial Equipment''); R18-2-729 (``Standards of Performance for
Cotton Gins''); and R18-2-730 (``Standards of Performance for
Unclassified Sources'').
(3) Arizona Administrative Code, title 18 (``Environmental
Quality''), chapter 2 (``Department of Environmental Quality--Air
Pollution Control''), supp. 09-2, June 30, 2009: R18-2-732 (``Standards
of Performance for Existing Hospital/Medical/Infectious Waste
Incinerators'').
(4) Arizona Administrative Code, title 18 (``Environmental
Quality''), chapter 2 (``Department of Environmental Quality--Air
Pollution Control''), supp. 12-2, June 30, 2012: R18-2-204 (``Carbon
Monoxide''); R18-2-719 (``Standards of Performance for Existing
Stationary Rotating Machinery''); and Appendix 2 (``Test Methods and
Protocols'').
(5) Arizona Testing Manual for Air Pollutant Emissions, Revision F,
March 1992, excluding sections 2 through 7.
(6) Arizona Administrative Code, Title 18, ``Environmental
Quality'', chapter 2,''Department of Environmental Quality--Air
Pollution Control'', R18-2-311, ``Test Methods and Procedures,'' and
R18-2-312, ``Performance Tests,'' effective November 15, 1993.
(162) The following plan revision was submitted on October 29, 2012,
and supplemented on September 6, 2013 and July 2, 2014, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality
(1) West's Arizona Revised Statutes, 2012-2013 Compact Edition;
title 49 (``Environment''), chapter 3 (``Air Quality''), section 49-402
(``State and county control'').
(2) Arizona Administrative Code, title 18 (``Environmental
Quality''), chapter 2 (``Department of Environmental Quality--Air
Pollution Control''), supp. 12-2, June 30, 2012: R18-2-101
(``Definitions''), excluding definitions (2), (20), (32), (87), (109),
and (122); R18-2-102 (``Incorporated Materials''); R18-2-201
(``Particulate matter: PM10 and PM2.5''); R18-2-
202 (``Sulfur Oxides (Sulfur Dioxide)''); R18-2-203 (``Ozone: One-hour
Standard and Eight-hour Averaged Standard'') R18-2-205 (``Nitrogen
Oxides (Nitrogen Dioxide)''); R18-2-206 (``Lead''); R18-2-210
(``Attainment, Nonattainment, and Unclassifiable Area Designations'');
R18-2-215 (``Ambient air quality monitoring methods and procedures'');
R18-2-216 (``Interpretation of Ambient Air Quality Standards and
Evaluation of Air Quality Data''); and R18-2-701 (``Definitions'').
(3) Arizona Administrative Code, Title 18, ``Environmental
Quality,''
[[Page 355]]
chapter 2 ``Department of Environmental Quality--Air Pollution
Control,'' R18-2-101, ``Definitions,'' only definition nos. (2), (32),
(87), (109), and (122), effective August 7, 2012; R18-2-217,
``Designation and Classification of Attainment Areas,'' effective
November 15, 1993; R18-2-218, ``Limitation of Pollutants in Classified
Attainment Areas,'' effective August 7, 2012; R18-2-301,
``Definitions,'' effective August 7, 2012; R18-2-302, ``Applicability;
Registration; Classes of Permits,'' effective August 7, 2012; R18-2-
302.01, ``Source Registration Requirements,'' effective August 7, 2012;
R18-2-303, ``Transition from Installation and Operating Permit Program
to Unitary Permit Program; Registration Transition; Minor NSR
Transition,'' effective August 7, 2012; R18-2-304, ``Permit Application
Processing Procedures,'' effective August 7, 2012; R18-2-306, ``Permit
Contents,'' effective December 20, 1999; R18-2-306.01, ``Permits
Containing Voluntarily Accepted Emission Limitations and Standards,''
effective January 1, 2007; R18-2-306.02, ``Establishment of an Emissions
Cap,'' effective September 22, 1999; R18-2-315, ``Posting of Permit,''
effective November 15,1993; R18-2-316, ``Notice by Building Permit
Agencies,'' effective May 14, 1979; R18-2-319, ``Minor Permit
Revisions,'' August 7, 2012; R18-2-320, ``Significant Permit
Revisions,'' effective August 7, 2012; R18-2-321, ``Permit Reopenings;
Revocation and Reissuance; Termination,'' effective August 7, 2012; R18-
2-323, ``Permit Transfers,'' effective February 3, 2007; R18-2-330,
``Public Participation,'' effective August 7, 2012; R18-2-332, ``Stack
Height Limitation,'' effective November 15, 1993; R18-2-334, ``Minor New
Source Review'' effective August 7, 2012; R18-2-401 ``Definitions,''
effective August 7, 2012; R18-2-402 ``General,'' effective August 7,
2012; R18-2-403 ``Permits for Sources Located in Nonattainment Areas,''
effective August 7, 2012; R18-2-404, ``Offset Standards,'' effective
August 7, 2012; R18-2-405, ``Special Rule for Major Sources of VOC or
Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or
Severe,'' effective August 7, 2012; R18-2-406, ``Permit Requirements for
Sources Located in Attainment and Unclassifiable Areas,'' effective
August 7, 2012; R18-2-407, ``Air Quality Impact Analysis and Monitoring
Requirements,'' excluding subsection (H)(1)(c), effective August 7,
2012; R18-2-409, ``Air Quality Models,'' effective November 15, 1993;
and R18-2-412, ``PALs'' effective August 7, 2012.
(4) Arizona Revised Statutes, title 49, ``Environment,'' chapter 1
``General Provisions'', section 49-107, ``Local delegation of state
authority,'' effective July 1, 1987.
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Setting Applicability Thresholds, pages 1547-1549 in Appendix A
to ``State Implementation Plan Revision: New Source Review'' adopted on
October 29, 2012.
(2) Memorandum, ``Proposed Final Permits to be Treated as Appealable
Agency Actions,'' dated February 10, 2015, from Eric Massey, Air Quality
Division Director to Balaji Vaidyanathan, Permit Section Manager,
submitted on February 23, 2015.
(3) ``State Implementation Plan Revision: New Source Review--
Supplement,'' relating to the division of jurisdiction for New Source
Review in Arizona, adopted on July 2, 2014.
(163) The following plan was submitted on August 27, 2012 by the
Governor's Designee.
(i) Incorporation by Reference.
(A) Maricopa County Air Quality Department.
(1) Rule 313, ``Incinerators, Burn-Off Ovens and Crematories,''
revised May 9, 2012.
(164) A plan revision was submitted on September 6, 2013 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) ``Arizona State Implementation Plan Revision for the Nogales
PM2.5 Nonattainment Area'', dated September 2013, including
appendices A and B.
(165) The following plan was submitted May 13, 2014, by the
Governor's designee:
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
[[Page 356]]
(1) Significant Revision No. 59195 to Air Quality Control Permit No.
55412, excluding section V.D., issued May 13, 2014.
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Arizona State Implementation Plan, Revision to the Arizona
Regional Haze Plan for Arizona Electric Power Cooperative, Incorporated,
Apache Generating Station, excluding the appendices.
(166) The following plan was submitted on October 14, 2011, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Arizona State Implementation Plan Revision under Clean Air Act
Section 110(a)(1) and (2); Implementation of the 2008 Lead National
Ambient Air Quality Standards, excluding the appendices.
(167) The following plan was submitted on December 27, 2012 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Arizona State Implementation Plan Revision under Clean Air Act
Section 110(a)(1) and (2); 2008 8-hour Ozone NAAQS, excluding the
appendices.
(168) The following plan was submitted on December 6, 2013 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Maricopa County Air Pollution Control Regulations, Rule 100
(``General Provisions and Definitions''), section 100 (``General''),
subsection 108 (``Hearing Board''), revised September 25, 2013.
(169) The following plan was submitted on December 19, 2013 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Pima County Department of Environmental Quality.
(1) Board of Supervisors of Pima County, Arizona, Ordinance No.
1993-128, Section 1, 17.040.190 ``Composition'' Section 6, 17.24.040
``Reporting for compliance evaluations'' adopted September 28, 1993.
(2) Board of Supervisors of Pima County, Arizona, Ordinance 2005-43,
Chapter 17.12, Permits and Permit Revisions, section 2,17.12.040
``Reporting Requirements'' adopted April 19, 2005.
(170) The following plan was submitted on September 4, 2014 by the
Governor's designee.
(i) Incorporation by reference.
(A) Pinal County Air Quality Control District.
(1) Pinal County Board of Supervisors, Resolution No. 072314-AQ1, 1-
3-140, Definitions, 74, Hearing Board, including new text that is
underlined and excluding removed text which was struck by the board,
effective July 23, 2014.
(171) The following plan was submitted on September 2, 2014 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) House Bill 2128, effective April 22, 2014, excluding sections 1
through 4, and 9 (including the text that appears in all capital letters
and excluding the text that appears in strikethrough).
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) MAG 2014 State Implementation Plan Revision for the Removal of
Stage II Vapor Recovery Controls in the Maricopa Eight-Hour Ozone
Nonattainment Area (August 2014), adopted by the Regional Council of the
Maricopa Association of Governments on August 27, 2014, excluding
appendix A, exhibit 2 (``Arizona Revised Statutes Listed in Table 1-
1'').
(172) The following plan was submitted July 2, 2014, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality (ADEQ).
(1) MAG 2014 Eight-Hour Ozone Plan--Submittal of Marginal Area
Requirements for the Maricopa Nonattainment Area (June 2014), excluding:
(i) Sections titled ``A Nonattainment Area Preconstruction Permit
Program--CAA section 182(a)(2)(C),'' ``New Source Review--CAA, Title I,
Part D,''
[[Page 357]]
and ``Offset Requirements: 1:1 to 1 (Ratio of Total Emission Reductions
of Volatile Organic Compounds to Total Increased Emissions)--CAA Section
182(a)(4)'' on pages 8 and 9 and section titled ``Meet Transportation
Conformity Requirements--CAA Section 176(c)'' on pages 10 and 11.
(ii) Appendices A and B.
(173) The following plan was submitted on April 2, 2013 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa
County Area, adopted by the Maricopa Association of Governments on March
27, 2013.
(174) The following plan was submitted on December 3, 2015 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) SIP Revision: Clean Air Act Section 110(a)(2)(D), 2008 Ozone
National Ambient Air Quality Standards (December 3, 2015).
[37 FR 10849, May 31, 1972. Redesignated and amended at 81 FR 85040,
Nov. 23, 2016]
Editorial Note: For Federal Register citations affecting Sec.
52.152, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Subpart E_Arkansas
Sec. 52.170 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Arkansas under section 110 of the Clean
Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air
quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
1, 2005, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after December 1, 2005, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 6 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations that have been approved as part of the State
implementation plan as of December 1, 2005.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700,
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC
20460; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
submittal/
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------
Chapter 1: Title, Intent and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 19.101.................... Title............. 3/24/2017 8/8/2018, 83 FR
38964.
Reg. 19.102.................... Applicability..... 2/3/2005 4/12/2007 (72 FR
18394).
Reg. 19.103.................... Intent and 3/24/2017 8/8/2018, 83 FR
Construction. 38964.
Reg. 19.104.................... Severability...... 11/18/12 3/4/2015 (80 FR
11573).
----------------------------------------------------------------------------------------------------------------
[[Page 358]]
Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2...................... Definitions....... 3/24/2017 8/8/2018, 83 FR The definition of VOC was
38964. approved on 12/21/2017
(82 FR 60517). The
definition of National
Ambient Air Quality
Standards was approved on
9/20/2018, 83 FR 47569.
----------------------------------------------------------------------------------------------------------------
Chapter 3: Protection of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Reg. 19.301.................... Purpose........... 3/24/2017 8/8/2018, 83 FR
38964.
Reg. 19.302.................... Department 2/3/2005 4/12/2007 (72 FR
Responsibilities. 18394).
Reg. 19.303.................... Regulated Sources 2/3/2005 4/12/2007 (72 FR
Responsibilities. 18394).
Reg. 19.304.................... Delegated Federal 3/24/2017 8/8/2018, 83 FR
Programs. 38964.
----------------------------------------------------------------------------------------------------------------
Chapter 4: Minor Source Review
----------------------------------------------------------------------------------------------------------------
Reg. 19.401.................... General 3/24/2017 6/29/2018, 83 FR Includes supplemental
Applicability. 30553. information provided on
11/30/2015, 5/26/2016, 7/
5/2017, and 3/16/2018.
Reg. 19.402.................... Approval Criteria. 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.403.................... Owner/Operator's 02/03/05 04/12/07 (72 FR
Responsibilities. 18394).
Reg. 19.404.................... Required 02/03/05 04/12/07 (72 FR
Information. 18394).
Reg. 19.405.................... Action on 02/03/05 04/12/07 (72 FR
Application. 18394).
Reg. 19.406.................... Public 02/03/05 04/12/07 (72 FR
Participation. 18394).
Reg. 19.407.................... Permit Amendments. 3/24/2017 6/29/2018, 83 FR Includes supplemental
30553. information provided on
11/30/2015, 5/26/2016, 7/
5/2017, 7/27/2017, and 3/
16/2018.
Reg. 19.408.................... Exemption from 02/03/05 04/12/07 (72 FR
Permitting. 18394).
Reg. 19.409.................... Transition........ 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.410.................... Permit Revocation 02/03/05 04/12/07 (72 FR
and Cancellation. 18394).
Reg. 19.411.................... General Permits... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.412.................... Dispersion 02/03/05 04/12/07 (72 FR
Modeling. 18394).
Reg. 19.413.................... Confidentiality... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.417.................... Registration...... 7/26/2010 6/29/2018, 83 FR Includes supplemental
30553. information provided on
11/30/2015, 5/26/2016, 7/
5/2017, and 3/16/2018.
----------------------------------------------------------------------------------------------------------------
Chapter 5: General Emission Limitations Applicability to Equipment
----------------------------------------------------------------------------------------------------------------
Reg. 19.501.................... Purpose........... 2/3/2005 4/12/2007 (72 FR
18394).
Reg. 19.502.................... General 3/24/2017 8/8/2018, 83 FR
Regulations. 38964.
Reg. 19.503.................... Visible Emission 1/25/2009 3/4/2015 (80 FR
Regulations. 11573).
Reg. 19.504.................... Stack Height/ 3/24/2017 8/8/2018, 83 FR
Dispersion 38964.
Regulations.
Reg. 19.505.................... Revised Emissions 1/25/2009 3/4/2015 (80 FR
Limitation. 11573).
----------------------------------------------------------------------------------------------------------------
Chapter 6: Upset and Emergency Conditions
----------------------------------------------------------------------------------------------------------------
Reg. 19.601.................... Upset Conditions.. 01/25/09 03/04/15 (80 FR
11573).
Reg. 19.602.................... Emergency 01/25/09 03/04/15 (80 FR
Conditions. 11573).
----------------------------------------------------------------------------------------------------------------
Chapter 7: Sampling, Monitoring, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Reg. 19.701.................... Purpose........... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.702.................... Air Emissions 01/25/09 03/04/15 (80 FR
Sampling. 11573).
Reg. 19.703.................... Continuous 01/25/09 03/04/15 (80 FR
Emissions 11573).
Monitoring.
Reg. 19.704.................... Notice of 02/03/05 04/12/07 (72 FR
Completion. 18394).
Reg. 19.705.................... Recordkeeping and 6/22/07 1/15/09 (74 FR
Reporting 2383).
Requirements.
Reg. 19.706.................... Public 02/03/05 04/12/07 (72 FR
Availability of 18394).
Emissions Data.
----------------------------------------------------------------------------------------------------------------
[[Page 359]]
Chapter 9: Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Reg. 19.901.................... Title............. 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.902.................... Purposes.......... 1/25/2009 4/2/13 (78 FR
19596).
Reg 19.903..................... Definitions....... 09/13/14 03/04/15 (80 FR
11573).
Section 19.904................. Adoption of 12/01/2014 7/7/2015 (80 FR
Regulations. 38625).
----------------------------------------------------------------------------------------------------------------
Chapter 10: Regulations for the Control of Volatile Organic Compounds in Pulaski County
----------------------------------------------------------------------------------------------------------------
Reg. 19.1001................... Title............. 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1002................... Purpose........... 01/25/09 03/04/15 (80 FR
11573).
Reg. 19.1003................... Definitions....... 01/25/09 03/04/15 (80 FR
11573).
Reg. 19.1004................... General Provisions 01/25/09 03/04/15 (80 FR
11573).
Reg. 19.1005................... Provisions for 01/25/09 03/04/15 (80 FR
Specific 11573).
Processes.
Reg. 19.1006................... Severability...... 02/03/05 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 11: Major Source Permitting Procedures
----------------------------------------------------------------------------------------------------------------
Chapter 11..................... Major Source 01/25/09 03/04/15 (80 FR
Permitting 11573).
Procedures.
----------------------------------------------------------------------------------------------------------------
Chapter 13: Stage I Vapor Recovery
----------------------------------------------------------------------------------------------------------------
Reg. 19.1301................... Provisions for 1/25/2009 3/4/2015 (80 FR
Specific 11573).
Processes.
Reg. 19.1302................... Applicability..... 2/3/2005 4/12/2007 (72 FR
18394).
Reg. 19.1303................... Definitions....... 3/24/2017 8/8/2018, 83 FR
38964.
Reg. 19.1304................... Exemptions........ 2/3/2005 4/12/2007 (72 FR
18394).
Reg. 19.1305................... Prohibited 2/3/2005 4/12/2007 (72 FR
Activities. 18394).
Reg. 19.1306................... Record Keeping.... 2/3/2005 4/12/2007 (72 FR
18394).
Reg. 19.1307................... Inspections....... 2/3/2005 4/12/2007 (72 FR
18394).
Reg. 19.1308................... Vapor Recovery 3/24/2017 8/8/2018, 83 FR
Systems. 38964.
Reg. 19.1309................... Gasoline Delivery 2/3/2005 4/12/2007 (72 FR
Vessels. 18394).
Reg. 19.1310................... Owner/Operator 2/3/2005 4/12/2007 (72 FR
Responsibility. 18394).
Reg. 19.1311................... Test Methods...... 2/3/2005 4/12/2007 (72 FR
18394).
Reg. 19.1312................... Effective Date.... 2/3/2005 4/12/2007 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 14--CAIR NOX Ozone Season Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
Reg. 19.1401................... Adoption of 3/24/2017 8/8/2018, 83 FR
Regulations. 38964.
Reg. 19.1402................... State Trading 7/15/2007 9/26/2007 (72 FR
Budget. 54556).
Reg. 19.1403................... Timing 7/15/2007 9/26/2007 (72 FR
Requirements for 54556).
CAIR NOX Ozone
Season Allowance
Allocations.
Reg. 19.1404................... CAIR NOX Ozone 9/16/2009 4/17/2014 (79 FR
Season Allowance 21631).
Allocations.
----------------------------------------------------------------------------------------------------------------
Chapter 15: Regional Haze
----------------------------------------------------------------------------------------------------------------
Reg. 19.1501................... Purpose........... 1/25/2009 3/12/2012 (77 FR ..........................
14604).
Reg. 19.1502................... Definitions....... 3/24/2017 8/8/2018, 83 FR
38964.
Reg. 19.1503................... BART Eligible 1/25/2009 3/12/2012 (77 FR ..........................
Sources. 14604).
Reg. 19.1504................... Facilities Subject- 3/24/2017 8/8/2018, 83 FR
to-BART. 38964.
Reg. 19.1505................... BART Requirements. 1/25/2009 3/12/2012 (77 FR The following portions of
14604). Reg. 19.1505 are
disapproved: (A)(1) and
(2), (B), (C), (D)(1) and
(2), (E), (F)(1) and (2),
(G)(1) and (2), (H),
(I)(1) and (2), (J)(1)
and (2), (K), (L),
(M)(1), and (N).
Reg. 19.1506................... Compliance 1/25/2009 3/12/2012 (77 FR The requirement to
Provisions. 14604). demonstrate compliance
with the BART limits
listed in Reg. 19.1505
(A)(1) and (2), (B), (C),
(D)(1) and (2), (E),
(F)(1) and (2), (G)(1)
and (2), (H), (I)(1) and
(2), (J)(1) and (2), (K),
(L), (M)(1), and (N) is
disapproved.
[[Page 360]]
Reg. 19.1507................... Permit Reopening.. 1/25/2009 3/12/2012 (77 FR ..........................
14604).
----------------------------------------------------------------------------------------------------------------
Appendix A: Insignificant Activities List
----------------------------------------------------------------------------------------------------------------
Appendix A..................... Insignificant 2/3/2005 4/12/2007 (72 FR
Activities List. 18394).
----------------------------------------------------------------------------------------------------------------
Appendix B: National Ambient Air Quality Standards List
----------------------------------------------------------------------------------------------------------------
Appendix B..................... National Ambient 3/24/2017 8/8/2018, 83 FR The revision to Particle
Air Quality 38964. Pollution, PM2.5 was
Standards List. approved on 9/20/2018, 83
FR 47569.
Regulation 26: Regulations of the Arkansas Operating Permit Program
----------------------------------------------------------------------------------------------------------------
Chapter 3: Requirements for Permit Applicability
----------------------------------------------------------------------------------------------------------------
Section 26.301................. Requirement for a 08/10/00 10/9/01 (66 FR
permit. 51312).
Section 26.302................. Sources subject to 08/10/00 10/9/01 (66 FR
permitting. 51312).
----------------------------------------------------------------------------------------------------------------
Chapter 4: Applications for Permits
----------------------------------------------------------------------------------------------------------------
Section 26.401................. Duty to apply..... 08/10/00 10/9/01 (66 FR
51312).
Section 26.402................. Standard 08/10/00 10/9/01 (66 FR
application form 51312).
and required
information.
Section 26.407................. Complete 08/10/00 10/9/01 (66 FR
application. 51312).
Section 26.409................. Applicants duty to 08/10/00 10/9/01 (66 FR
supplement 51312).
correct
application.
Section 26.410................. Certification by 08/10/00 10/9/01 (66 FR
responsible 51312).
official.
----------------------------------------------------------------------------------------------------------------
Chapter 5: Action on Application
----------------------------------------------------------------------------------------------------------------
Section 26.501................. Action on part 70 08/10/00 10/9/01 (66 FR Subsection B Not in SIP.
permit 51312).
applications.
Section 26.502................. Final action on 08/10/00 10/9/01 (66 FR
permit 51312).
application.
----------------------------------------------------------------------------------------------------------------
Chapter 6: Permit Review by the Public, Affected States, and EPA
----------------------------------------------------------------------------------------------------------------
Section 26.601................. Untitled 08/10/00 10/9/01 (66 FR
introduction to 51312).
Chapter 6.
Section 26.602................. Public 08/10/00 10/9/01 (66 FR Only Subsection A(1),
participation. 51312). A(2), A(5) and D in SIP.
Section 26.603................. Transmission of 08/10/00 10/9/01 (66 FR
permit 51312).
information to
the Administrator.
Section 26.604................. Review of draft 08/10/00 10/9/01 (66 FR
permit by 51312).
affected States.
----------------------------------------------------------------------------------------------------------------
Regulation No. 31: Nonattainment New Source Review Requirements
----------------------------------------------------------------------------------------------------------------
Chapter 1: Title, Intent, and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 31.101.................... Title............. 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.102.................... Applicability..... 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.103.................... Severability...... 07/03/06 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2...................... Definitions....... 07/03/06 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 3: Preconstruction review
----------------------------------------------------------------------------------------------------------------
Reg. 31.301.................... Requirement for a 07/03/06 04/12/07 (72 FR
Permit. 18394).
Reg. 31.302.................... Required 07/03/06 04/12/07 (72 FR
Information. 18394).
Reg. 31.303.................... Approval Criteria. 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.304.................... Offsets........... 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.305.................... Zones Targeted for 07/03/06 04/12/07 (72 FR
Economic 18394).
Development.
Reg. 31.306.................... Control Technology 07/03/06 04/12/07 (72 FR
Information. 18394).
Reg. 31.307.................... Approval to 07/03/06 04/12/07 (72 FR
Construct. 18394).
Reg. 31.308.................... Applicability of 07/03/06 04/12/07 (72 FR
Nonattainment 18394).
Review.
Reg. 31.309.................... Applicability of 07/03/06 04/12/07 (72 FR
Other Regulations. 18394).
----------------------------------------------------------------------------------------------------------------
[[Page 361]]
Chapter 4: Applicability Tests
----------------------------------------------------------------------------------------------------------------
Reg. 31.401.................... Actual-to- 07/03/06 04/12/07 (72 FR
Projected-Actual 18394).
Applicability
Test.
Reg. 31.402.................... Actual-to- 07/03/06 04/12/07 (72 FR
Potential Test. 18394).
Reg. 31.403.................... [Reserved]........ 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.404.................... [Reserved]........ 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.405.................... Emission Baseline 07/03/06 04/12/07 (72 FR
Credits. 18394).
Reg. 31.406.................... Relaxation of 07/03/06 04/12/07 (72 FR
Limits. 18394).
Reg. 31.407.................... Modifications to 07/03/06 04/12/07 (72 FR
Existing Units. 18394).
Reg. 31.408.................... Public 07/03/06 04/12/07 (72 FR
Availability of 18394).
Information.
Reg. 31.409.................... Applicability of 07/03/06 04/12/07 (72 FR
Nitrogen Oxides. 18394).
Reg. 31.410.................... Offset 07/03/06 04/12/07 (72 FR
Requirements. 18394).
Reg. 31.411.................... PM10 Precursors... 07/03/06 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 5: [Reserved]
----------------------------------------------------------------------------------------------------------------
Chapter 6: [Reserved]
----------------------------------------------------------------------------------------------------------------
Chapter 7: [Reserved]
----------------------------------------------------------------------------------------------------------------
Chapter 8: Actual PALS
----------------------------------------------------------------------------------------------------------------
Reg. 31.801.................... Applicability..... 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.802.................... Definitions....... 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.803.................... Permit Application 07/03/06 04/12/07 (72 FR
Requirements. 18394).
Reg. 31.804.................... General 07/03/06 04/12/07 (72 FR
Requirements for 18394).
Establishing PALs.
Reg. 31.805.................... Public 07/03/06 04/12/07 (72 FR
Participation 18394).
Requirement for
PALs.
Reg. 31.806.................... Setting the 10- 07/03/06 04/12/07 (72 FR
year Actuals PAL 18394).
Level.
Reg. 31.807.................... Contents of the 07/03/06 04/12/07 (72 FR
PAL Permit. 18394).
Reg. 31.808.................... Reopening of the 07/03/06 04/12/07 (72 FR
PAL Permit. 18394).
Reg. 31.809.................... PAL Effective 07/03/06 04/12/07 (72 FR
Period. 18394).
Reg. 31.810.................... Expiration of a 07/03/06 04/12/07 (72 FR
PAL. 18394).
Reg. 31.811.................... Renewal of a PAL.. 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.812.................... Increasing a PAL 07/03/06 04/12/07 (72 FR
During the PAL 18394).
Effective Period.
Reg. 31.813.................... Monitoring 07/03/06 04/12/07 (72 FR
Requirements for 18394).
PALs.
Reg. 31.814.................... Recordkeeping 07/03/06 04/12/07 (72 FR
Requirements. 18394).
Reg. 31.815.................... Reporting and 07/03/06 04/12/07 (72 FR
Notification 18394).
Requirements.
Reg. 31.816.................... Transition 07/03/06 04/12/07 (72 FR
Requirements. 18394).
----------------------------------------------------------------------------------------------------------------
Chapter 9: Effective Date
----------------------------------------------------------------------------------------------------------------
Reg. 31.901.................... Effective Date.... 07/03/06 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Regulation No. 9: Fee Regulation
----------------------------------------------------------------------------------------------------------------
Chapter 1...................... Title............. 7/9/2012 4/30/2015, 80 FR
24216.
Chapter 2...................... Definitions....... 7/9/2012 4/30/2015, 80 FR The following definitions
24216. do not relate to the air
program and are not being
approved into the SIP:
``Category'',
``Certificate'',
``Confined Animal
Operation'',
``Discretionary Major
Facility'',
``Evaluation'',
``Laboratory``, ``Major
Municipal Facility'',
``Non-Municipal Major
Facility'',
``Parameter'',
``Program''.
Chapter 3...................... Permit Fee Payment 7/9/2012 4/30/2015, 80 FR
24216.
Chapter 5...................... Air Permit Fees... 7/9/2012 4/30/2015, 80 FR
24216.
Chapter 9...................... Administrative 7/9/2012 4/30/2015, 80 FR
Procedures. 24216.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific requirements.
[[Page 362]]
EPA-Approved Arkansas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
approval/ EPA
Name of source Permit No. effective approval Comments
date date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory provisions and quasi-regulatory
measures.
EPA-Approved Statutes in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
submittal/
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Arkansas Water and Air Pollution Control Act--Part I
----------------------------------------------------------------------------------------------------------------
82.1901........................ Title of Act...... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82.1902........................ Definitions....... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82.1903........................ Pollution Control 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Commission. 10841).
82.1904........................ Powers and Duties 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
of Commission. 10841).
82.1905........................ Persons Operating 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Disposal System-- 10841).
Furnishing
Information and
Permitting
Examinations and
Surveys.
82.1906........................ Hearing Before 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Commission or 10841).
Member--Appeal
Procedure.
82.1907........................ Co-operation with 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Agency of Another 10841).
State or United
States.
82.1908........................ Actions Declared 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Public Nuisance-- 10841).
Permit to
Construct, Make
Changes in or
Operate Disposal
System--Submissio
n of Plans.
82.1909........................ Violation of Act a 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Misdemeanor--Poll 10841).
ution a Nuisance--
Abatement.
----------------------------------------------------------------------------------------------------------------
Arkansas Environmental Permit Fees Act (Act 817 of 1983)
----------------------------------------------------------------------------------------------------------------
82-1916 thru 82-1921........... Permit Fees Act... 12/16/85 11/12/86 (51 FR Ref 522.200(c)(24).
40975).
----------------------------------------------------------------------------------------------------------------
Arkansas Water and Air Pollution Control Act--Part II
----------------------------------------------------------------------------------------------------------------
82-1931........................ Air Pollution- 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
State Policy. 10841).
82-1932........................ Purpose of Act.... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82-1933........................ Definitions....... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82-1934........................ Exemptions........ 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82-1935........................ Powers of 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Commission. 10841).
82-1936........................ Factors in 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Exercise of 10841).
Commission Powers.
82-1937........................ Industrial Secrets 11/25/85 08/04/86 (51 FR Ref 52.200(c)(23).
Confidential--Rev 27840).
ealing a
Misdemeanor.
82-1938........................ Unlawful Acts..... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82-1939........................ Variance from 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Regulations. 10841).
82-1940........................ Application of 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Water Pollution 10841).
Provisions.
82-1941........................ Political 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Subdivision 10841).
Forbidden to
Legislate on Air
Pollution.
82-1942........................ Radiation Control 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Law Not Amended 10841).
or Repealed--No
Authority to
Commission Over
Employer-Employee
Relationships.
[[Page 363]]
82-1943........................ Private Rights 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Unchanged. 10841).
----------------------------------------------------------------------------------------------------------------
Small Business Assistance Program Act (Act 251 of 1993)
----------------------------------------------------------------------------------------------------------------
Act 251........................ SBAP Act.......... 02/26/93 03/08/95 (60 FR Ref 52.200(c)(31).
12691).
----------------------------------------------------------------------------------------------------------------
EPA-Approved Control Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Control measures geographic or effective EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
Air Quality Surveillance....... Statewide......... 04/24/80 08/06/81 (46 FR Ref 52.200(c)(6) & (20).
40005).
Lead SIP....................... Statewide......... 12/10/79 04/16/82 (47 FR Ref 52.200(c)(17).
16328).
Protection of Visibility in Statewide......... 06/12/85 02/10/86 (51 FR Ref 52.200(c)(22).
Mandatory Class I Federal 4910).
Areas.
Part II of the Visibility Statewide......... 10/09/87 07/21/88 (53 FR Ref 52.200(c)(25).
Protection Plan. 27514).
Good Engineering Practice Stack Statewide......... 06/1/87 02/23/89 (54 FR Ref 52.200(c)(26).
Height Regulations. 7764).
Small Business Stationary Statewide......... 11/06/92 03/08/95 (60 FR Ref 52.200(c)(31).
Source Technical and 12691).
Environmental Compliance
Assistance Program.
----------------------------------------------------------------------------------------------------------------
EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP provision geographic or effective EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
Emissions Inventory for Crittenden County... 6/22/07 1/15/09 (74 FR
Crittenden County. 2383).
8-Hour Ozone Maintenance plan for Crittenden, Shelby 2/26/09 3/24/10 (75 FR
the Crittenden County, Arkansas County. 14077).
Area.
Interstate Transport for the 1997 Statewide........... 3/28/08 3/12/12 (77 FR Noninterference with
ozone and PM2.5 NAAQS 14604). measures required
(Noninterference with measures to protect
required to protect visibility visibility in any
in any other State). other State
partially approved
3/12/12.
Regional Haze SIP................ Statewide........... 9/23/08, 8/3/ 3/12/12 (77 FR The following
10 14604). portions are
partially approved
and partially
disapproved:
(a) Identification of (a) Identification
affected Class I areas. of best available
retrofit technology
(BART) eligible
sources and subject
to BART sources;
(b) Determination of baseline (b) requirements for
and natural visibility best available
conditions. retrofit technology
(BART);
(c) Determination of the (c) the Arkansas
Uniform Rate of Progress. Regional Haze Rule;
and
[[Page 364]]
(d) Reasonable progress goal (d) Long Term
consultation and long term Strategy. (See Sec.
strategy consultation. 52.173(a)).
(e) Coordination regional
haze and reasonably
attributable visibility
impairment.
(f) Monitoring Strategy and
other implementation
requirements.
(g) Commitment to submit
periodic Regional Haze SIP
revisions and periodic
progress reports describing
progress towards the
reasonable progress goals.
(h) Commitment to make a
determination of the
adequacy of the existing SIP
at the time a progress
report is submitted.
(i) Coordination with States
and Federal Land Managers.
(j) The following best
available retrofit
technology (BART)
determinations: PM BART
determination for the AEP
Flint Creek Plant Boiler No.
1; SO2 and PM BART
determinations for the
natural gas firing scenario
for the Entergy Lake
Catherine Plant Unit 4; PM
BART determinations for both
the bituminous and sub-
bituminous coal firing
scenarios for the Entergy
White Bluff Plant Units 1
and 2; and PM BART
determination for the Domtar
Ashdown Mill Power Boiler
No. 1.
Infrastructure for the 1997 Ozone Statewide........... 12/17/07 8/20/12 (77 FR Approval for CAA
NAAQS. 3/28/08 50033). elements
110(a)(2)(A), (B),
(E), (F), (G), (H),
(K), (L), and (M).
Approval for CAA
elements
110(a)(2)(C),
(D)(i)(II)
(interfere with
measures in any
other state to
prevent significant
deterioration of
air quality),
(D)(ii), and (J)
for the 1997 ozone
NAAQS, except as it
relates to
Greenhouse Gas
(GHG) emissions.
The GHG PSD
deficiency was
addressed on April
2, 2013 (78 FR
19596).
[[Page 365]]
Infrastructure for the 1997 and Statewide........... 3/28/2008, 3/4/2015 (80 FR Approval for CAA
2006 PM2.5 NAAQS. 9/16/2009, 11573). elements
12/1/2014 110(a)(2)(A), (B),
(E), (F), (G), (H),
(K), (L), and (M)
on 8/20/2012 (77 FR
50033). Approval
for PSD elements
(C), (D)(i)(II)
(interfere with
measures in any
other state to
prevent significant
deterioration of
air quality), D(ii)
and (J) on March 4,
2015 (80 FR 11573)
Interstate transport for the 1997 Statewide........... 4/5/11 8/20/12 (77 FR Approved except as
ozone NAAQS (Noninterference 50033). it relates to GHGs.
with measures required to The GHG PSD
prevent significant deficiency was
deterioration of air quality in addressed on April
any other State). 2, 2013 (78 FR
19596).
Interstate transport for the 1997 Statewide........... 12/17/2007 8/29/2013 (78 FR ....................
and 2006 PM2.5 NAAQS (contribute 9/16/2009 53269).
to nonattainment or interfere
with maintenance).
Crittenden County Base Year Crittenden County... 8/28/2015 1/13/2016 (81 FR ....................
Emission Inventory for the 2008 1884).
Ozone Standard.
2008 8-hour ozone Redesignation Crittenden County 12/10/2015 4/25/2016 (81 FR ....................
Request, Maintenance Plan, and portion of Memphis, 24030).
Clarification Letter for the TN-AR-MS
Crittenden County portion of Nonattainment Area.
Memphis, TN-AR-MS Nonattainment
Area.
Arkansas Regional Haze NOX SIP Statewide........... 10/31/2017 2/12/2018 (83 FR Regional Haze SIP
Revision. 5927). submittal
addressing NOX BART
requirements for
Arkansas EGUs and
reasonable progress
requirements for
NOX for the first
implementation
period.
Infrastructure for the 2006 PM2.5 Statewide........... 3/24/2017 2/14/2018, 83 FR Approval for
NAAQS. 6470. 110(a)(2)(D)(ii).
Infrastructure for the 2008 Pb Statewide........... 3/24/2017 2/14/2018, 83 FR Approval for
NAAQS. 6470. 110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L) and (M).
Infrastructure for the 2008 O3 Statewide........... 3/24/2017 2/14/2018, 83 FR Approval for
NAAQS. 6470. 110(a)(2)(A), (B),
(C), (D)(i)
(portions
pertaining and
PSD), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L) and (M).
[[Page 366]]
Infrastructure for the 2010 NO2 Statewide........... 3/24/2017 2/14/2018, 83 FR Approval for
NAAQS. 6470. 110(a)(2)(A), (B),
(C), (D)(i)(portion
pertaining to
nonattainment
interference with
maintenance and
PSD), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L) and (M).
Infrastructure for the 2010 SO2 Statewide........... 3/24/2017 2/14/2018, 83 FR Approval for
NAAQS. 6470. 110(a)(2)(A), (B),
(C), (D)(i)(portion
pertaining to PSD),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L) and (M).
Infrastructure for the 2012 PM2.5 Statewide........... 3/24/2017 2/14/2018, 83 FR Approval for
NAAQS. 6470. 110(a)(2)(A), (B),
(C), (D)(i)
(portion pertaining
to PSD), (D)(ii),
(E), (F), (G), (H),
(J), (K), (L) and
(M).
Approval for
110(a)(2)(D)(i)(I)
(significant
contribution to
nonattainment or
interfere with
maintenance in any
other state) on 9/
20/2018, 83 FR
47569.
----------------------------------------------------------------------------------------------------------------
[63 FR 56927, Oct. 23, 1998, as amended at 65 FR 61107, Oct. 16, 2000;
66 FR 51316, Oct. 9, 2001; 71 FR 13545, Mar. 16, 2006; 72 FR 18396, Apr.
12, 2007; 72 FR 54561, Sept. 26, 2007; 74 FR 2386, Jan. 15, 2009; 75 FR
14080, Mar. 24, 2010; 77 FR 14675, 14676, Mar. 12, 2012; 77 FR 50037,
Aug. 20, 2012; 78 FR 19598, Apr. 2, 2013; 78 FR 53270, Aug. 29, 2013; 80
FR 11574, Mar. 4, 2015; 80 FR 24218, Apr. 30, 2015; 80 FR 38627, July 7,
2015; 81 FR 1887, Jan. 14, 2016; 81 FR 24032, Apr. 25, 2016; 82 FR
60520, Dec. 21, 2017; 83 FR 5939, Feb. 12, 2018; 83 FR 6472, Feb. 14,
2018; 83 FR 30570, June 29, 2018; 83 FR 38966, Aug. 8, 2018; 83 FR
47571, Sept. 20, 2018]
Sec. 52.171 Classification of regions.
The Arkansas plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Central Arkansas Intrastate............................... II III III III III
Metropolitan Fort Smith Interstate........................ II III III III III
Metropolitan Memphis Interstate........................... I III III III I
Monroe (Louisiana)-El Dorado (Arkansas) Interstate........ II III III III III
Northeast Arkansas Intrastate............................. III III III III III
Northwest Arkansas Intrastate............................. III III III III III
Shreveport-Texarkana-Tyler Interstate..................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 6571, Jan. 29, 1980]
[[Page 367]]
Sec. 52.172 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Arkansas'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.
[81 FR 32241, May 23, 2016, as amended at 83 FR 38968, Aug. 8, 2018]
Sec. 52.173 Visibility protection.
(a) Regional haze. The regional haze State Implementation Plan (SIP)
revisions submitted on September 23, 2008 and August 3, 2010, and
supplemented on September 27, 2011 are partially approved and partially
disapproved.
(1) The identification of sources that are eligible for Best
Available Retrofit Technology (BART) is approved, with the exception of
the 6A Boiler at the Georgia-Pacific Crossett Mill, which is BART
eligible.
(2) The identification of sources subject to BART is approved, with
the exception of the 6A and 9A Boilers at the Georgia-Pacific Crossett
Mill, which are both subject to BART.
(3) The following BART determinations are disapproved:
(i) The sulfur dioxide (SO2), nitrogen dioxide
(NOX), and particulate matter (PM) BART determinations for
the Arkansas Electric Cooperative Corporation Bailey Plant Unit 1 and
the AECC McClellan Plant Unit 1;
(ii) The SO2 and NOX BART determinations for
the American Electric Power Flint Creek Plant Boiler No. 1;
(iii) The NOX BART determination for the natural gas
firing scenario and the SO2, NOX, and PM BART
determinations for the fuel oil firing scenario for the Entergy Lake
Catherine Plant Unit 4;
(iv) The SO2 and NOX BART determinations for
both the bituminous and sub-bituminous coal firing scenarios for the
Entergy White Bluff Plant Units 1 and 2;
(v) The BART determination for the Entergy White Bluff Plant
Auxiliary Boiler;
(vi) The SO2 and NOX BART determinations for
the Domtar Ashdown Mill Power Boiler No. 1; and
(vii) The SO2, NOX and PM BART determinations
for the Domtar Ashdown Mill Power Boiler No. 2.
(4) The Arkansas Regional Haze Rule, (APCEC Regulation 19, Chapter
15), is partially approved and partially disapproved such that:
(i) The requirement under Reg. 19.104(B) for BART installation and
operation as expeditiously as practicable, but no later than 5 years
after EPA approval of the Arkansas Regional Haze State Implementation
Plan is partially approved and partially disapproved, such that the
partial approval is for the BART determinations we are approving and the
partial disapproval is for the BART determinations we are disapproving;
(ii) The requirement under Reg. 19.1504(B) for BART installation and
operation no later than 6 years after the effective date of the State
regulation is disapproved;
(iii) Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E),
(F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2),
(K), (L), (M)(1), and (N) are disapproved;
(iv) the Reg. 19.1506 requirement to demonstrate compliance with the
BART limits listed in Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and
(2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1)
and (2), (K), (L), (M)(1), and (N) is disapproved; and
(v) The remaining portions are approved.
(5) The regional haze long term strategy under 40 CFR 51.308(d)(3)
is partially approved and partially disapproved.
(6) The reasonable progress goals are disapproved.
(b) Interstate Transport. The portion of the SIP pertaining to
adequate provisions to prohibit emissions from interfering with measures
required in another state to protect visibility, submitted on March 28,
2008, and supplemented on September 27, 2011, is partially approved and
partially disapproved.
(1) The Arkansas Regional Haze Rule, (APCEC Regulation 19, Chapter
15), is
[[Page 368]]
partially approved and partially disapproved such that:
(i) The requirement under Reg. 19.104(B) for BART installation and
operation as expeditiously as practicable, but no later than 5 years
after EPA approval of the Arkansas Regional Haze State Implementation
Plan is partially approved and partially disapproved, such that the
partial approval is for the BART determinations we are approving and the
partial disapproval is for the BART determinations we are disapproving;
(ii) The requirement under Reg. 19.1504(B) for BART installation and
operation no later than 6 years after the effective date of the State
regulation is disapproved;
(iii) Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E),
(F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2),
(K), (L), (M)(1), and (N) are disapproved;
(iv) The Reg. 19.1506 requirement to demonstrate compliance with the
BART limits listed in Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and
(2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1)
and (2), (K), (L), (M)(1), and (N) is disapproved; and
(v) The remaining portions are approved.
(c) Federal implementation plan for regional haze. Requirements for
AECC Carl E. Bailey Unit 1; AECC John L. McClellan Unit 1; AEP Flint
Creek Unit 1; Entergy White Bluff Units 1, 2, and Auxiliary Boiler;
Entergy Lake Catherine Unit 4; Domtar Ashdown Paper Mill Power Boilers
No. 1 and 2; and Entergy Independence Units 1 and 2 affecting
visibility.
(1) Applicability. The provisions of this section shall apply to
each owner or operator, or successive owners or operators, of the
sources designated as: AECC Carl E. Bailey Unit 1; AECC John L.
McClellan Unit 1; AEP Flint Creek Unit 1; Entergy White Bluff Units 1,
2, and Auxiliary Boiler; Entergy Lake Catherine Unit 4; Domtar Ashdown
Paper Mill Power Boilers No. 1 and 2; and Entergy Independence Units 1
and 2.
(2) Definitions. All terms used in this part but not defined herein
shall have the meaning given them in the Clean Air Act and in parts 51
and 60 of this title. For the purposes of this section:
24-hour period means the period of time between 12:01 a.m. and 12
midnight.
Air pollution control equipment includes selective catalytic control
units, baghouses, particulate or gaseous scrubbers, and any other
apparatus utilized to control emissions of regulated air contaminants
which would be emitted to the atmosphere.
Boiler-operating-day for electric generating units listed under
paragraph (c)(1) of this section means any 24-hour period between 12
midnight and the following midnight during which any fuel is combusted
at any time at the steam generating unit, unless otherwise specified.
For power boilers listed under paragraph (c)(1) of this section, we
define boiler-operating-day as a 24-hr period between 6 a.m. and 6 a.m.
the following day during which any fuel is fed into and/or combusted at
any time in the power boiler.
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 units or power boilers listed under
paragraph (c)(1) of this section.
Regional Administrator means the Regional Administrator of EPA
Region 6 or his/her authorized representative.
Unit means one of the natural gas, fuel oil, or coal fired boilers
covered under paragraph (c) of this section.
(3) Emissions limitations for AECC Bailey Unit 1 and AECC McClellan
Unit 1. The individual SO2 and PM emission limits for each
unit are as listed in the table in this paragraph (c)(3).
----------------------------------------------------------------------------------------------------------------
Unit SO2 emission limit PM emission limit
----------------------------------------------------------------------------------------------------------------
AECC Bailey Unit 1.............................. Use of fuel with a sulfur Use of fuel with a sulfur
content limit of 0.5% by content limit of 0.5% by
weight. weight.
[[Page 369]]
AECC McClellan Unit 1........................... Use of fuel with a sulfur Use of fuel with a sulfur
content limit of 0.5% by content limit of 0.5% by
weight. weight.
----------------------------------------------------------------------------------------------------------------
(4) Compliance dates for AECC Bailey Unit 1 and AECC McClellan Unit
1. The owner or operator of each unit must comply with the
SO2 and PM requirements listed in paragraph (c)(3) of this
section by October 27, 2021. As of October 27, 2016, the owner or
operator of each unit shall not purchase fuel for combustion at the unit
that does not meet the sulfur content limit in paragraph (c)(3) of this
section. The owner or operator of each unit must comply with the
requirement in paragraph (c)(3) of this section to burn only fuel with a
sulfur content limit of 0.5% by weight by October 27, 2021.
(5) Compliance determination and reporting and recordkeeping
requirements for AECC Bailey Unit 1 and AECC McClellan Unit 1 for SO4
and PM. To determine compliance with the SO2 and PM
requirements listed in paragraph (c)(3) of this section, the owner or
operator shall sample and analyze each shipment of fuel to determine the
sulfur content by weight, except for natural gas shipments. A
``shipment'' is considered delivery of the entire amount of each order
of fuel purchased. Fuel sampling and analysis may be performed by the
owner or operator of an affected unit, an outside laboratory, or a fuel
supplier. All records pertaining to the sampling of each shipment of
fuel as described in this paragraph (c)(5), including the results of the
sulfur content analysis, must be maintained by the owner or operator and
made available upon request to EPA and ADEQ representatives.
(6) Emissions limitations for AEP Flint Creek Unit 1 and Entergy
White Bluff Units 1 and 2. The individual SO2 emission limits
for each unit are as listed in the table in this paragraph (c)(6), as
specified in pounds per million British thermal units (lb/MMBtu). The
SO2 emission limits of 0.06 lb/MMBtu are on a rolling 30
boiler-operating-day averaging period.
------------------------------------------------------------------------
SO2 emission
Unit limit (lb/
MMBtu)
------------------------------------------------------------------------
AEP Flint Creek Unit 1.................................. 0.06
Entergy White Bluff Unit 1.............................. 0.06
Entergy White Bluff Unit 2.............................. 0.06
------------------------------------------------------------------------
(7) Compliance dates for AEP Flint Creek Unit 1 and Entergy White
Bluff Units 1 and 2. The owner or operator of AEP Flint Creek Unit 1
must comply with the SO2 emission limit listed in paragraph
(c)(6) of this section by April 27, 2018. The owner or operator of White
Bluff Units 1 and 2 must comply with the SO2 emission limit
listed in paragraph (c)(6) of this section by October 27, 2021.
(8) Compliance determination and reporting and recordkeeping
requirements for AEP Flint Creek Unit 1 and Entergy White Bluff Units 1
and 2. (i) For purposes of determining compliance with the
SO2 emission limit listed in paragraph (c)(6) of this section
for AEP Flint Creek Unit 1 and with the SO2 emission limits
listed in paragraph (c)(6) of this section for White Bluff Units 1 and
2, the emissions for each boiler-operating-day for each unit 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 of the 30-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. For
each day, records of the total SO2 emitted that day by each
emission unit and
[[Page 370]]
the sum of the hourly heat inputs for that day must be maintained by the
owner or operator and made available upon request to EPA and ADEQ
representatives. Records of the 30 boiler-operating-day rolling average
for SO2 for each unit as described in this paragraph
(c)(8)(i) must be maintained by the owner or operator for each boiler-
operating-day and made available upon request to EPA and ADEQ
representatives.
(ii) The owner or operator shall continue to maintain and operate a
CEMS for SO2 on the units listed in paragraph (c)(6) of this
section in accordance with 40 CFR 60.8 and 60.13(e), (f), and (h), and
appendix B of 40 CFR 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.
(iii) Continuous emissions monitoring shall apply during all periods
of operation of the units listed in paragraph (c)(6) of this section,
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
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.
(9) Emissions limitations for Entergy White Bluff Auxiliary Boiler.
The individual SO2 and PM emission limits for the unit are as
listed in the table in this paragraph (c)(9) in pounds per hour (lb/hr).
----------------------------------------------------------------------------------------------------------------
SO2 emission limit PM emission limit (lb/
Unit (lb/hr) hr)
----------------------------------------------------------------------------------------------------------------
Entergy White Bluff Auxiliary Boiler.............................. 105.2 4.5
----------------------------------------------------------------------------------------------------------------
(10) Compliance dates for Entergy White Bluff Auxiliary Boiler. The
owner or operator of the unit must comply with the SO2 and PM
emission limits listed in paragraph (c)(9) of this section by October
27, 2016.
(11) Compliance determination and reporting and recordkeeping
requirements for Entergy White Bluff Auxiliary Boiler. For purposes of
demonstrating compliance with the emission limits listed in paragraph
(c)(9) of this section, records of fuel oil analysis must be maintained
by the owner or operator and made available upon request to EPA and ADEQ
representatives.
(12) Emissions limitations for Entergy Lake Catherine Unit 4. The
unit must not burn fuel oil until BART determinations are promulgated
for the unit for SO2 and PM for the fuel oil firing scenario
through a FIP and/or through EPA action upon and approval of revised
BART determinations submitted by the State as a SIP revision.
(13) Emissions Limitations for Domtar Ashdown Paper Mill Power
Boiler No. 1. The SO2 emission limit for the boiler is as
listed in the following table in pounds per day (lb/day) as averaged
over a rolling 30 boiler-operating-day period. The NOX
emission limit for the boiler is as listed in the following table in
pounds per hour (lb/hr).
[[Page 371]]
------------------------------------------------------------------------
SO2 Emission NOX Emission
Unit limit (lb/day) limit (lb/hr)
------------------------------------------------------------------------
Domtar Ashdown Paper Mill Power Boiler 504 207.4
No. 1..................................
------------------------------------------------------------------------
(14) Compliance dates for Domtar Ashdown Mill Power Boiler No. 1.
The owner or operator of the boiler must comply with the SO2
and NOX emission limits listed in paragraph (c)(13) of this
section by November 28, 2016.
(15) Compliance determination and reporting and recordkeeping
requirements for Domtar Ashdown Paper Mill Power Boiler No. 1. (i)(A)
SO2 emissions resulting from combustion of fuel oil shall be
determined by assuming that the SO2 content of the fuel
delivered to the fuel inlet of the combustion chamber is equal to the
SO2 being emitted at the stack. The owner or operator must
maintain records of the sulfur content by weight of each fuel oil
shipment, where a ``shipment'' is considered delivery of the entire
amount of each order of fuel purchased. Fuel sampling and analysis may
be performed by the owner or operator, an outside laboratory, or a fuel
supplier. All records pertaining to the sampling of each shipment of
fuel oil, including the results of the sulfur content analysis, must be
maintained by the owner or operator and made available upon request to
EPA and ADEQ representatives. SO2 emissions resulting from
combustion of bark shall be determined by using the following site-
specific curve equation, which accounts for the SO2 scrubbing
capabilities of bark combustion:
Y= 0.4005 * X - 0.2645
Where:
Y = pounds of sulfur emitted per ton of dry fuel feed to the boiler.
X = pounds of sulfur input per ton of dry bark.
(B) The owner or operator must confirm the site-specific curve
equation through stack testing. By October 27, 2017, the owner or
operator must provide a report to EPA showing confirmation of the site-
specific curve equation accuracy. Records of the quantity of fuel input
to the boiler for each fuel type for each day must be compiled no later
than 15 days after the end of the month and must be maintained by the
owner or operator and made available upon request to EPA and ADEQ
representatives. Each boiler-operating-day of the 30-day rolling average
for the boiler must be determined by adding together the pounds of
SO2 from that boiler-operating-day and the preceding 29
boiler-operating-days and dividing the total pounds of SO2 by
the sum of the total number of boiler operating days (i.e., 30). The
result shall be the 30 boiler-operating-day rolling average in terms of
lb/day emissions of SO2. Records of the total SO2
emitted for each day must be compiled no later than 15 days after the
end of the month and must be maintained by the owner or operator and
made available upon request to EPA and ADEQ representatives. Records of
the 30 boiler-operating-day rolling averages for SO2 as
described in this paragraph (c)(15)(i) must be maintained by the owner
or operator for each boiler-operating-day and made available upon
request to EPA and ADEQ representatives.
(ii) If the air permit is revised such that Power Boiler No. 1 is
permitted to burn only pipeline quality natural gas, this is sufficient
to demonstrate that the boiler is complying with the SO2
emission limit under paragraph (c)(13) of this section. The compliance
determination requirements and the reporting and recordkeeping
requirements under paragraph (c)(15)(i) of this section would not apply
and confirmation of the accuracy of the site-specific curve equation
under paragraph (c)(15)(i)(B) of this section through stack testing
would not be required so long as Power Boiler No. 1 is only permitted to
burn pipeline quality natural gas.
(iii) To demonstrate compliance with the NOX emission
limit under paragraph (c)(13) of this section, the owner or operator
shall conduct stack testing using EPA Reference Method 7E, found at 40
CFR part 60, appendix A, once every 5 years, beginning October 27, 2017.
Records and reports pertaining to the stack testing must be maintained
by the owner or operator and made available upon request to EPA and ADEQ
representatives.
(iv) If the air permit is revised such that Power Boiler No. 1 is
permitted to burn only pipeline quality natural gas,
[[Page 372]]
the owner or operator may demonstrate compliance with the NOX
emission limit under paragraph (c)(13) of this section by calculating
NOX emissions using fuel usage records and the applicable
NOX emission factor under AP-42, Compilation of Air Pollutant
Emission Factors, section 1.4, Table 1.4-1. Records of the quantity of
natural gas input to the boiler for each day must be compiled no later
than 15 days after the end of the month and must be maintained by the
owner or operator and made available upon request to EPA and ADEQ
representatives. Records of the calculation of NOX emissions
for each day must be compiled no later than 15 days after the end of the
month and must be maintained by the owner or operator and made available
upon request to EPA and ADEQ representatives. Each boiler-operating-day
of the 30-day rolling average for the boiler must be determined by
adding together the pounds of NOX from that day and the
preceding 29 boiler-operating-days and dividing the total pounds of
NOX by the sum of the total number of hours during the same
30 boiler-operating-day period. The result shall be the 30 boiler-
operating-day rolling average in terms of lb/hr emissions of
NOX. Records of the 30 boiler-operating-day rolling average
for NOX must be maintained by the owner or operator for each
boiler-operating-day and made available upon request to EPA and ADEQ
representatives. Under these circumstances, the compliance determination
requirements and the reporting and recordkeeping requirements under
paragraph (c)(15)(iii) of this section would not apply.
(16) SO2 and NOX Emissions Limitations for Domtar Ashdown Paper
Mill Power Boiler No.2. The individual SO2 and NOX
emission limits for the boiler are as listed in the following table in
pounds per hour (lb/hr) as averaged over a rolling 30 boiler-operating-
day period.
------------------------------------------------------------------------
SO2 Emission NOX Emission
Unit Limit (lb/hr) Limit (lb/hr)
------------------------------------------------------------------------
Domtar Ashdown Paper Mill Power Boiler 91.5 345
No. 2..................................
------------------------------------------------------------------------
(17) SO2 and NOX Compliance dates for Domtar Ashdown Mill Power
Boiler No. 2. The owner or operator of the boiler must comply with the
SO2 and NOX emission limits listed in paragraph
(c)(16) of this section by October 27, 2021.
(18) SO2 and NOX Compliance determination and reporting and
recordkeeping requirements for Domtar Ashdown Mill Power Boiler No. 2.
(i) NOX and SO2 emissions for each day shall be
determined by summing the hourly emissions measured in pounds of
NOX or pounds of SO2. Each boiler-operating-day of
the 30-day rolling average for the boiler shall be determined by adding
together the pounds of NOX or SO2 from that day
and the preceding 29 boiler-operating-days and dividing the total pounds
of NOX or SO2 by the sum of the total number of
hours during the same 30 boiler-operating-day period. The result shall
be the 30 boiler-operating-day rolling average in terms of lb/hr
emissions of NOX or SO2. If a valid NOX
pounds per hour or SO2 pounds per hour is not available for
any hour for the boiler, that NOX pounds per hour shall not
be used in the calculation of the 30 boiler-operating-day rolling
average for NOX. For each day, records of the total
SO2 and NOX emitted for that day by the boiler
must be maintained by the owner or operator and made available upon
request to EPA and ADEQ representatives. Records of the 30 boiler-
operating-day rolling average for SO2 and NOX for
the boiler as described in this paragraph (c)(18)(i) must be maintained
by the owner or operator for each boiler-operating-day and made
available upon request to EPA and ADEQ representatives.
(ii) The owner or operator shall continue to maintain and operate a
CEMS for SO2 and NOX on the boiler listed in
paragraph (c)(16) of this section in accordance with 40 CFR 60.8 and
60.13(e), (f), and (h), and appendix B of 40 CFR part 60. The owner or
operator shall comply with the quality assurance procedures for CEMS
found in 40 CFR part 60. Compliance with the emission limits for
SO2 and NOX shall be determined by using data from
a CEMS.
(iii) Continuous emissions monitoring shall apply during all periods
of operation of the boiler listed in paragraph (c)(16) of this section,
including
[[Page 373]]
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
NOX 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
or NOX pounds per hour 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.
(iv) If the air permit is revised such that Power Boiler No. 2 is
permitted to burn only pipeline quality natural gas, this is sufficient
to demonstrate that the boiler is complying with the SO2
emission limit under paragraph (c)(16) of this section. Under these
circumstances, the compliance determination requirements under
paragraphs (c)(18)(i) through (iii) of this section would not apply to
the SO2 emission limit listed in paragraph (c)(16) of this
section.
(v) If the air permit is revised such that Power Boiler No. 2 is
permitted to burn only pipeline quality natural gas and the operation of
the CEMS is not required under other applicable requirements, the owner
or operator may demonstrate compliance with the NOX emission
limit under paragraph (c)(16) of this section by calculating
NOX emissions using fuel usage records and the applicable
NOX emission factor under AP-42, Compilation of Air Pollutant
Emission Factors, section 1.4, Table 1.4-1. Records of the quantity of
natural gas input to the boiler for each day must be compiled no later
than 15 days after the end of the month and must be maintained by the
owner or operator and made available upon request to EPA and ADEQ
representatives. Records of the calculation of NOX emissions
for each day must be compiled no later than 15 days after the end of the
month and must be maintained and made available upon request to EPA and
ADEQ representatives. Each boiler-operating-day of the 30-day rolling
average for the boiler must be determined by adding together the pounds
of NOX from that day and the preceding 29 boiler-operating-
days and dividing the total pounds of NOX by the sum of the
total number of hours during the same 30 boiler-operating-day period.
The result shall be the 30 boiler-operating-day rolling average in terms
of lb/hr emissions of NOX. Records of the 30 boiler-
operating-day rolling average for NOX must be maintained by
the owner or operator for each boiler-operating-day and made available
upon request to EPA and ADEQ representatives. Under these circumstances,
the compliance determination requirements under paragraphs (c)(18)(i)
through (iii) of this section would not apply to the NOX
emission limit.
(19) PM BART Requirements for Domtar Ashdown Paper Mill Power Boiler
No.2. The owner or operator must rely on the applicable PM standard
required under 40 CFR part 63, subpart DDDDD--National Emission
Standards for Hazardous Air Pollutants for Major Sources: Industrial,
Commercial, and Institutional Boilers and Process Heaters, as revised,
to satisfy the PM BART requirement. Compliance with the applicable PM
standard under 40 CFR part 63 subpart DDDDD, as revised, shall
demonstrate compliance with the PM BART requirement.
(20) PM compliance dates for Domtar Ashdown Mill Power Boiler No. 2.
The owner or operator of the boiler must comply with the PM BART
requirement listed in paragraph (c)(19) of this section by November 28,
2016.
[[Page 374]]
(21) Alternative PM Compliance Determination for Domtar Ashdown
Paper Mill Power Boiler No.2. If the air permit is revised such that
Power Boiler No. 2 is permitted to burn only pipeline quality natural
gas, this is sufficient to demonstrate that the boiler is complying with
the PM BART requirement under paragraph (c)(19) of this section.
(22) Emissions limitations for Entergy Independence Units 1 and 2.
The individual emission limits for each unit are as listed in the table
in this paragraph (c)(22) in pounds per million British thermal units
(lb/MMBtu). The SO2 emission limits listed in the table as
lb/MMBtu are on a rolling 30 boiler-operating-day averaging period.
------------------------------------------------------------------------
SO2 Emission
Unit limit (lb/
MMBtu)
------------------------------------------------------------------------
Entergy Independence Unit 1............................. 0.06
Entergy Independence Unit 2............................. 0.06
------------------------------------------------------------------------
(23) Compliance dates for Entergy Independence Units 1 and 2. The
owner or operator of each unit must comply with the SO2
emission limits in paragraph (c)(22) of this section by October 27,
2021.
(24) Compliance determination and reporting and recordkeeping
requirements for Entergy Independence Units 1 and 2. (i) For purposes of
determining compliance with the SO2 emissions limit listed in
paragraph (c)(22) of this section for each unit, the SO2
emissions for each boiler-operating-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 of 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 applicable 30 boiler-operating-days rolling average. For each day,
records of the total SO2 emitted that day by each emission
unit and the sum of the hourly heat inputs for that day must be
maintained by the owner or operator and made available upon request to
EPA and ADEQ representatives. Records of the 30 boiler-operating-day
rolling average for each unit as described in this paragraph (c)(24)(i)
must be maintained by the owner or operator for each boiler-operating-
day and made available upon request to EPA and ADEQ representatives.
(ii) The owner or operator shall continue to maintain and operate a
CEMS for SO2 on the units listed in paragraph (c)(22) in
accordance with 40 CFR 60.8 and 60.13(e), (f), and (h), and appendix B
of 40 CFR 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.
(iii) Continuous emissions monitoring shall apply during all periods
of operation of the units listed in paragraph (c)(22) of this section,
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
emission data are not obtained because of continuous monitoring system
breakdowns, repairs, calibration checks, or zero and span adjustments,
emission
[[Page 375]]
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.
(25) Reporting and recordkeeping requirements. Unless otherwise
stated all requests, reports, submittals, notifications, and other
communications to the Regional Administrator required under paragraph
(c) of 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 under paragraph (c) of
this section, the owner or operator shall comply with the following
requirements, unless otherwise specified:
(i) For each emissions limit under paragraph (c) of this section
where compliance shall be determined by using data from a CEMS, comply
with the notification, reporting, and recordkeeping requirements for
CEMS compliance monitoring in 40 CFR 60.7(c) and (d).
(ii) [Reserved]
(26) 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.
(27) Enforcement. (i) 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.
(ii) 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.
(d) Measures Addressing Partial Disapproval of Portion of Interstate
Visibility Transport SIP for the 1997 8-hour ozone and PM2.5
NAAQS. The deficiencies identified in EPA's partial disapproval of the
portion of the SIP pertaining to adequate provisions to prohibit
emissions in Arkansas from interfering with measures required in another
state to protect visibility, submitted on March 28, 2008, and
supplemented on September 27, 2011 are satisfied by Sec. 52.173.
(e) Measures addressing best available retrofit technology (BART)
for electric generating unit (EGU) emissions of nitrogen oxides (NOX).
The BART requirements for EGU NOX emissions are satisfied by
Sec. 52.184 and the Arkansas Regional Haze NOX SIP Revision
approved February 12, 2018, 83 FR 5927.
(f) Other measures addressing reasonable progress. The reasonable
progress requirements for NOX emissions are satisfied by the
Arkansas Regional Haze NOX SIP Revision approved February 12,
2018.
[77 FR 14676, Mar. 12, 2012, as amended at 81 FR 66415, Sept. 27, 2016;
82 FR 18995, Apr. 25, 2017; 83 FR 5917, 5940, Feb. 12, 2018]
Sec. 52.174 Control strategy and regulations: Ozone.
(a) The EPA has determined that the Crittenden County Marginal 2008
ozone NAAQS nonattainment area attained the NAAQS by the applicable
attainment date of July 20, 2015.
(b) [Reserved]
[81 FR 26708, May 4, 2016]
Sec. Sec. 52.175-52.180 [Reserved]
Sec. 52.181 Significant deterioration of air quality.
(a) The plan submitted by the Governor of Arkansas as follows:
(1) April 23, 1981--submittal of the PSD Supplement Arkansas Plan of
Implementation for Pollution Control (the ``PSD Supplement'') submitted
[[Page 376]]
April 23, 1981 (as adopted by the Arkansas Commission on Pollution
Control and Ecology (ACPCE) on April 10, 1981);
(2) June 3, 1988--submittal of revisions to the PSD Supplement
(revised and adopted by the ACPCE on March 25, 1988);
(3) June 19, 1990--submittal of revisions to the PSD Supplement
(revised and adopted by the ACPCE on May 25, 1990), and;
(4) March 5, 1999--submittal of Regulation 19, Chapter 9, Prevention
of Significant Deterioration which recodified Arkansas' PSD regulations
(as adopted by the Arkansas Pollution Control and Ecology Commission on
January 22, 1999)
(5) November 6, 2012--submittal of Regulation 19, Chapter 9,
Prevention of Significant Deterioration which provided the authority to
regulate greenhouse gas emissions in the Arkansas PSD program.
(6) January 7, 2014--submittal of Regulation 19, Chapter 9,
Prevention of Significant Deterioration which updated the Arkansas PSD
program to provide for the issuance of greenhouse gas plantwide
applicability limit permits.
(7) December 1, 2014--submittal of Regulation 19, Chapter 9,
Prevention of Significant Deterioration which provided the authority to
regulate and permit emissions of PM2.5 and its precursors.
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for federally designated Indian lands. Therefore, the
provisions of Sec. 52.21 except paragraph (a)(1) are hereby
incorporated and made a part of the applicable implementation plan and
are applicable to sources located on land under the control of Indian
governing bodies.
[56 FR 20139, May 2, 1991, as amended at 63 FR 17683, Apr. 10, 1998; 63
FR 32981, June 17, 1998; 65 FR 61108, Oct. 16, 2000; 68 FR 11322, Mar.
10, 2003; 68 FR 74488, Dec. 24, 2003; 80 FR 11577, Mar. 4, 2015; 80 FR
38628, July 7, 2015]
Sec. 52.183 Small business assistance program.
The Governor of Arkansas submitted on November 6, 1992, a plan
revision to develop and implement a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program (PROGRAM) to
meet the requirements of section 507 of the Clean Air Act by November
15, 1994. The plan commits to provide technical and compliance
assistance to small businesses, hire an Ombudsman to serve as an
independent advocate for small businesses, and establish a Compliance
Advisory Panel to advise the program and report to the EPA on the
program's effectiveness. On April 23, 1993, the Governor submitted Act
251 of 1993 which establishes the Compliance Advisory Panel for the
PROGRAM.
[60 FR 12695, Mar. 8, 1995]
Sec. 52.184 Interstate pollutant transport provisions;
What are the FIP requirements for decreases in emissions of nitrogen oxides?
(a) The owner and operator of each source and each unit located in
the State of Arkansas 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 Arkansas 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
Arkansas' 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.
(c) Notwithstanding the provisions of paragraph (b) of this section,
if, at the time of the approval of Arkansas' 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
[[Page 377]]
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 74594, Oct. 26, 2016, as amended at 83 FR 65924, Dec. 21, 2018]
Sec. 52.200 Original identification of plan section.
(a) This section identifies the original ``Arkansas Plan for
Implementation for Air Pollution Control'' and all revisions submitted
by Arkansas that were federally approved prior to July 1, 1998.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) A certification that the public hearings on the plan were held
was submitted by the State Department of Pollution Control and Ecology
on January 25, 1972. (Non-regulatory)
(2) State Department of Pollution Control and Ecology letter
outlining projected emission reductions, ASA forecasts, source
surveillance, legal authority and interstate cooperation was submitted
on February 24, 1972. (Non-regulatory)
(3) Revision of section 16 of the State air code was submitted by
the Department of Pollution Control and Ecology on July 7, 1972.
(4) June 27, 1975, letter from the Governor submitting sections 1
through 10 of the Regulations and Strategy of the Arkansas Plan of
Implementation for Air Pollution Control except those portions relating
to delegation of authority to enforce Federal requirements.
(5) August 16, 1976, statement issued by Director of the Arkansas
Department of Pollution Control and Ecology specifying the test and
reference methods for determining compliance with emission limitations.
(6) Administrative changes to the Arkansas Air Quality Surveillance
Network were submitted by the Arkansas Department of Pollution Control
and Ecology on February 15, 1977, January 10, 1978, and March 27, 1978.
(Non-regulatory.)
(7) On April 4, 1979, the Governor submitted the nonattainment area
plan for the area designated nonattainment as of March 3, 1978.
(8) On August 14, 1979, the Governor submitted supplemental
information clarifying the plan.
(9) Revisions to Arkansas Regulation 4.5(a) for the ``Control of
Volatile Organic Compounds'' showing a final compliance date of June 1,
1981, was submitted by the Arkansas Governor on December 10, 1979.
(10) A modification to the definition for lowest achievable emission
rate (LAER), consistent with the definition contained in section 171(3)
of the Act, was submitted by the Arkansas Governor on December 10, 1979.
(11) On July 11, 1979, the Governor submitted revisions to section
6(a) malfunction or upset and section 7(e) continuous emission
monitoring of the Arkansas Regulations.
(12) Revisions to section 3 (i.e., 3.(a), (b), (k), (l), (n), (o),
(z), (bb), (dd), (ee), (ff), and (gg)), section 4 (i.e., 4.1(b), 4.2(a),
4.5(a)(1), 4.5(a)(2), 4.6(c), and 4.6(d)), and section 5 (i.e., 5.4 and
5.5) were adopted by the Arkansas Commission on Pollution Control and
Ecology on September 26, 1980 and submitted by the Governor on October
10, 1980.
(13) Revisions to section 3 (i.e., 3.(ii) through 3.(nn)), section 4
(i.e., 4.1, 4.5(a)(1), 4.5(a)(2), and 4.6(e)), and section 5 (i.e., 5.6)
of the Arkansas Regulations for the Control of Volatile Organic
Compounds were adopted by the Arkansas Commission on Pollution Control
and Ecology on April 10, 1981 and submitted by the Governor on April 23,
1981.
(14) A variance to Regulation 8 for Weyerhaeuser Gypsum Plant in
Nashville, Arkansas was submitted by the Governor on June 29, 1981.
(15) On April 23, 1981, the Governor submitted revisions to the plan
to incorporate Federal Prevention of Significant Deterioration (PSD)
Regulations 40 CFR 52.21 by reference.
(16) On September 11, 1981, the Governor submitted a revision to
section 8 of the Regulations of the Arkansas Plan of Implementation for
Air Pollution Control which implements an
[[Page 378]]
emission limit for Energy Systems Company of El Dorado, Arkansas.
(17) The Arkansas State Implementation Plan for lead was submitted
to EPA on December 10, 1979, by the Governor of Arkansas as adopted by
the Arkansas Department of Pollution Control and Ecology on November 16,
1979. A letter of clarification dated January 5, 1982, also was
submitted.
(18) Revisions to the plan for intergovernmental consultation,
interstate pollution abatement, and composition of the Arkansas
Commission on Pollution Control and Ecology were submitted to EPA by the
Arkansas Department of Pollution Control and Ecology on January 9, 1980.
(19) Revision to the plan for maintenance of employee pay was
submitted to EPA by the Arkansas Department of Pollution Control and
Ecology on January 9, 1980.
(20) On April 24, 1980, the Governor submitted final revisions to
the ambient monitoring portion of the plan.
(21) On December 10, 1979, the Governor submitted a revision to
Section 5.1(a) of the Regulation of the Arkansas Plan of Implementation
for Air Pollution Control, which controls VOC emissions. This revision
was adopted by the Arkansas Commission on Pollution Control and Ecology
on November 16, 1979.
(22) On July 12, 1985, the Governor submitted a revision entitled,
``Protection of Visibility in Mandatory Class I Federal Areas, May 6,
1985.'' This submittal included new source review regulations and
visibility monitoring strategy as adopted by the Arkansas Commission on
Pollution Control and Ecology on May 24, 1985.
(i) Incorporation by reference. (A) New source review regulations
include amendments to rules and regulations of the Arkansas Department
of Pollution Control and Ecology entitled, ``Prevention of Significant
Deterioration Supplement to the Arkansas Plan of Implementation for Air
Pollution Control,'' Sections 1 through 6, adopted on May 24, 1985.
(B) Arkansas Department of Pollution Control and Ecology Minute
Order No. 85-12, adopted May 24, 1985.
(ii) Additional material. (A) Narrative submittal, including
introduction, and visibility monitoring strategy.
(23) A revision to the Arkansas Plan of Implementation of Air
Pollution Control was submitted by the Governor on November 25, 1985.
(i) Incorporation by reference. (A) Act 763 of 1985 (public
availability of emission data) approved April 3, 1985. Act 763 of 1985
amends section 82-1937 (Industrial secrets confidential--Revealing a
misdemeanor) of the Arkansas Water and Air Pollution Control Act.
(24) A revision to the Arkansas Plan of Implementation for Air
Pollution Control was submitted by the Governor on December 16, 1985.
(i) Incorporation by reference. (A) Act 817 of 1983 (permit fees)
adopted March 25, 1983. Act 817 of 1983 added sections 82-1916 thru 82-
1921 to the Arkansas Statutes. (B) Arkansas Department of Pollution
Control and Ecology Regulation No. 9 (Regulations for Development and
Implementation of a Permit Fee System for Environmental Permits) adopted
by the Arkansas Commission on Pollution Control and Ecology on November
16, 1984. Only those portions of Regulation No. 9 related to air permits
are incorporated.
(25) Part II of the Visibility Protection Plan was submitted by the
Governor on October 9, 1987.
(i) Incorporation by reference. (A) Revision entitled ``Arkansas
Plan of Implementation for Air Pollution Control--Revision: Protection
of Visibility in Mandatory Class I Federal Areas: Part II--Long-Term
Strategy, September 29, 1987''. This submittal includes a visibility
long-term strategy and general plan provisions as adopted by the
Arkansas Commission on Pollution Control and Ecology on September 25,
1987.
(B) Arkansas Department of Pollution Control and Ecology, Minute
Order No. 87-24, adopted September 25, 1987.
(ii) Additional material. (A) None.
(26) A revision to the Arkansas Plan of Implementation for Air
Pollution Control, as adopted by the Arkansas Commission on Pollution
Control and Ecology on May 22, 1987, was submitted by the Governor of
Arkansas on July 1, 1987. This revision adds the definitions
[[Page 379]]
and dispersion technique regulations required to implement the Federal
stack height regulations.
(i) Incorporation by reference. (A) Sections 3(r), 3(s), 3(t), 3(u),
3(v), 3(w), 3(x), 3(y), 5(f), and 5(g) of the Arkansas Plan of
Implementation for Air Pollution Control as adopted by the Arkansas
Commission on Pollution Control and Ecology on May 22, 1987.
(ii) Additional material. None.
(27) Revisions to the Arkansas State Implementation Plan for (1) the
National Ambient Air Quality Standards and particulate matter
definitions (subsections (z) through (ff) of ``Section 3.
Definitions''). (2) Prevention of Significant Deterioration of Air
Quality and its Supplement, and (3) subsection f(ix) of ``Section 4.
Permits'', as adopted on March 25, 1988, by the Arkansas Commission on
Pollution Control and Ecology, were submitted by the Governor on June 3,
1988.
(i) Incorporation by reference. (A) Regulations of the Arkansas Plan
of Implementation for Air Pollution Control ``Section 3. Definitions'',
subsections (z) through (ff), as promulgated on March 25, 1988.
(B) Prevention of Significant Deterioration Supplement Arkansas Plan
of Implementation For Air Pollution Control, as amended on March 25,
1988.
(C) Regulations of the Arkansas Plan for Implementation for Air
Pollution Control ``Section 4. Permits'', subsection f(ix), as
promulgated on March 25, 1988.
(ii) Other material. None.
(28) Revisions to the Arkansas State Implementation Plan for
Prevention of Significant Deterioration (PSD) of Air Quality Supplement
Arkansas Plan of Implementation for Air Pollution Control (PSD nitrogen
dioxide increments), as adopted on May 25, 1990, by the Arkansas
Commission on Pollution Control and Ecology, were submitted by the
Governor on June 19, 1990.
(i) Incorporation by reference. (A) Prevention of Significant
Deterioration Supplement Arkansas Plan of Implementation For Air
Pollution Control as amended on May 25, 1990.
(ii) Additional material. None.
(29)-(30) [Reserved]
(31) The State is required to implement a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program
(PROGRAM) as specified in the plan revision submitted by the Governor on
November 6, 1992. This plan submittal, as adopted by the Arkansas
Commission on Pollution Control and Ecology on November 5, 1992, was
developed in accordance with section 507 of the Clean Air Act. On April
23, 1993, the Governor submitted Act 251 of 1993 which establishes the
Compliance Advisory Panel (CAP) for the PROGRAM.
(i) Incorporation by reference. (A) Act 251 of 1993 approved by the
Governor on February 26, 1993. Included in this Act are provisions
creating a CAP, establishing membership of the CAP, and addressing the
responsibilities and duties of the CAP.
(B) Arkansas Department of Pollution Control and Ecology, Minute
Order No. 92-81, adopted November 5, 1992.
(ii) Additional material. (A) Revision entitled, ``Arkansas Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program SIP Revision'', adopted November 5, 1992.
(B) Legal opinion letter dated November 5, 1992, from Steve Weaver,
Chief Counsel, Arkansas Department of Pollution Control and Ecology,
regarding legality of Commission teleconference meeting.
[37 FR 10850, May 31, 1972. Redesignated at 63 FR 56827, Oct. 23, 1998]
Editorial Note: For Federal Register citations affecting Sec.
52.200, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Subpart F_California
Sec. 52.220 Identification of plan--in part.
This section identifies the local and regional air district rules,
local ordinances, source-specific requirements, and nonregulatory
materials submitted by the State of California and approved as part of
the California state implementation plan. This section also identifies
California statutes and state regulations submitted by the State of
California and approved as part of the California state implementation
plan on or prior to April 1, 2016. New or
[[Page 380]]
amended California statutes and state regulations approved after April
1, 2016 are identified in Sec. 52.220a.
(a) Title of plan: ``The State of California Implementation Plan for
Achieving and Maintaining the National Ambient Air Quality Standards''.
(b) The plan was officially submitted on February 21, 1972.
(1) Mendocino County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement parts XI, XII, and part XIII.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Part X, Paragraph 3.
(2) Placer County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement Rule 42 (Mountain Counties Air Basin), Rules 40 and 42 (Lake
Tahoe Air Basin).
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 40 and 42.
(iii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement for implementation in the
Lake Tahoe Air Basin, Rules 2-17, 2-18, 2-19, and 2-20.
(iv) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement for implementation in the
Mountain Counties Air Basin, Rules 2-17, 2-18, 2-19, 2-20.
(3) Tehama County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement Rule 5.1.
(ii) Previously approved on May 31, 1972 and now deleted without
replacement Rule 4.13.
(4) San Bernardino County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement Regulation VI, Rules 100 to 104, 109, 110, 120, and 130 to
137.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Regulation 3, Rules 40, 42,
43, and 44.
(5) Ventura County Air Pollution Control District.
(i) Previously approved on September 22, 1972 and now deleted
without replacement Rule 18.
(6) Lassen County APCD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 1.4, 3.2, 3.3
(Schedules 1-6), 3.4, and 3.5.
(7) Nevada County APCD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rule 41.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 17, 18, and 19.
(iii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement Rules 11 and 51.
(8) Orange County APCD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rule 120.
(9) Sierra County APCD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 46 and 50.
(10) Siskiyou County APCD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 3.1, 3.2, and 3.3.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 2.4, 2.6, and 5.1 to
5.18.
(11) Yolo-Solano AQMD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 1.7 and 2.18.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rule 2.7.
(12) California Air Resources Board.
(i) Previously approved on May 31, 1972 in paragraph (b) and deleted
without replacement, effective September 10, 1980, chapter 7 (``Legal
Considerations'') of part I (``State General Plan'') of the plan
submitted on February 21, 1972, and all of the statutory provisions and
other legal documents
[[Page 381]]
contained in appendix II (``State Statutes and other Legal Documents
Pertinent to Air Pollution Control in California'') to chapter 7.
(13) El Dorado County Air Pollution Control District.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 77, 78, 79, and 80.
(14) Imperial County Air Pollution Control District.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rule 110.
(ii) Previously approved on May 31, 1972 in paragraph (b)(14) of
this section and now deleted with replacement in paragraph
(c)(351)(i)(A)(4) of this section, Rule 103.
(15) Butte County Air Quality Management District.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted with replacement paragraphs (c)(457)(i)(C)(2)
and (3), respectively: Rule 405 ``Permit Conditions'' and Rule 04-04
``Exemptions from Permit Requirements.''
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Air quality data submitted on April 10, 1972, by the Air
Resources Board.
(2) Report on status of regulations submitted on April 19, 1972, by
the Air Resources Board.
(3) Emission inventory submitted on April 21, 1972, by the Air
Resources Board.
(4) Air quality data submitted on April 26, 1972, by the Air
Resources Board.
(5) Air quality data submitted on May 5, 1972, by the Air Resources
Board.
(6) Revised regulations for all APCD's submitted on June 30, 1972,
by the Governor, except for:
(i) San Diego County Air Pollution Control District.
(A) Rule 65 is now removed without replacement as of March 14, 1989.
(B) Previously approved on September 22, 1972 and now deleted
without replacement Rules 44, 75, 77 to 80, 82 to 84, and 86 to 91.
(C) Previously approved on September 22, 1972 and now deleted
without replacement, Rules 12 and 13.
(D) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 18, 22, 23, and
24.
(E) Previously approved on September 22, 1972 and now deleted with
replacement in paragraph (c)(171)(i)(E)(1) of this section, Rule 20.
(ii) Calaveras County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 305.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 109.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 204, 206, 210,
211, 212, and 213.
(iii) Colusa County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 3.1 and 5.1 to 5.17.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 1.4, 2.13, 6.11
and 6.12.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 1.6, 2.9, 2.10,
2.11, 2.12, and 4.2.
(iv) Fresno County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 501, 502, 504, 506, 508 to 512, 514, 516, and
517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 104, 105, 107,
109, 303, and 304.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(v) Glenn County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 111, 113 to 117, 119 to 125, and 150.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this
[[Page 382]]
section and now deleted without replacement, Rules 151 and 153.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 53, 54, 55, and
97.
(vi) Kern County APCD (including Southeast Desert).
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502, 505 to 510, 512 to 515, and 517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 107, 109, 303,
and 304.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement for implementation in
Kern County, Southeast Desert Air Basin, Rules 204, 206, 210, 211, 212,
and 213.
(D) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement for implementation in
Kern County, San Joaquin Valley Air Basin, Rules 107, 109, 206, 303, and
304.
(E) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement Rule 403 (Southeast
Desert).
(vii) Kings County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502 to 509, 511 to 517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 109.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 206 and 518.
(viii) Lassen County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 1.5, 3.1, and 5.1 to 5.17.
(B) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 2.02, 2.04,
2.06, 2.10, 2.11, 2.12, and 2.13.
(ix) Madera County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 507 to 510 and 512 to 517.
(B) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(x) Merced County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502, 503, 506 to 510, and 512 to 517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 107, 301
(Paragraphs c to g, i, and j), 303, and 304.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(xi) Modoc County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 1.5 and 4.1 to 4.17.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 1.4.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 2.02, 2.04,
2.06, 2.10, 2.12, and 2.13.
(D) Previously approved September 22, 1972 in paragraph (c)(6) of
this section and now deleted with replacement in paragraph
(c)(182)(i)(F)(5), (6), (7), and (8), Rule 2.3 ``Transfer,'' Rule 2.5
``Cancellation of Application,'' Rule 2.7 ``Provision of Sampling and
Testing Facilities,'' and Rule 2.9 ``Conditional Approval''.
(xii) San Joaquin County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502 and 506 to 509.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 107 and 109.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(xiii) Stanislaus County APCD.
[[Page 383]]
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 303, 304, 502, 505 to 510 and 512 to 517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 107.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(xiv) Tulare County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 303, 304, 501, 502, 506 to 514, 516 to 518.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 107 and 109.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(xv) San Bernardino County Air Pollution Control District.
(A) Previously approved on December 21, 1975 and now deleted without
replacement Rule 68.
(xvi) Northern Sonoma County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 56, 64, 64.1 and 64.2.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 42 and 100.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 013, 015, 019,
020, 021, and 022.
(D) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 10, 12 and 18.
(xvii) Los Angeles County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 51.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 43, 44, and Rule
120.
(xviii) Orange County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 51, 67.1 and 68.
(xix) Riverside County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 51.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 43 and 44
(Mojave Desert AQMD only).
(xx) Mariposa County APCD.
(A) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 17.
(B) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 16.
(xxi) Plumas County APCD.
(A) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 3, 4, and 40.
(xxii) Sutter County APCD.
(A) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 2.20.
(xxiii) Shasta County Air Pollution Control District.
(A) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 2.17 and 2.22.
(xxiv) Ventura County Air Pollution Control District.
(A) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 22.
(B) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 100.
(7) Information (Non-regulatory) regarding air quality surveillance
submitted on July 19, 1972, by the Air Resources Board.
(8) Compliance schedules submitted on December 27, 1973, by the Air
Resources Board.
[[Page 384]]
(9) Compliance schedules submitted on February 19, 1974, by the Air
Resources Board.
(10) Compliance schedules submitted on April 22, 1974, by the Air
Resources Board.
(11) Compliance schedules submitted on June 7, 1974, by the Air
Resources Board.
(12) Compliance schedules submitted on June 19, 1974, by the Air
Resources Board.
(13) Compliance schedules submitted on September 4, 1974, by the Air
Resources Board.
(14) Compliance schedules submitted on September 19, 1974, by the
Air Resources Board.
(15) Compliance schedules submitted on October 18, 1974, by the Air
Resources Board.
(16) Compliance schedules submitted on December 4, 1974, by the Air
Resources Board.
(17) Compliance schedules submitted on January 13, 1975, by the Air
Resources Board.
(18) Air quality maintenance area designations submitted on July 12,
1974, by the Governor.
(19)-(20) [Reserved]
(21) Revised regulations for the following APCD's submitted on July
25, 1973, by the Governor.
(i) Lassen County APCD.
(A) Appendix A (Implementation Plan for Agricultural Burning) and
Appendix B (Enforcement).
(ii) Modoc County APCD.
(A) Rule 3:10A and Regulation V (Rules 5:1 to 5:7).
(iii) Siskiyou County APCD.
(A) Rules 2.13, 4.5, 4.12, 4.13, 4.14, and Implementation Plan for
Agricultural Burning.
(iv) Bay Area APCD.
(A) Regulation 1.
(1) Division 1, Sections 1000-1010.
(2) Division 2, Section 2000.
(3) Division 3, Sections 3000-3004, 3100-3111, 3115-3118, 3120, and
3200-3500.
(4) Division 4.
(B) Regulation 4.
(1) Sections 1-2.
(C) Regulation 2.
(1) Division 1, Sections 1214 to 1214.3.
(D) Regulation 3.
(1) Division 1, Sections 1205 to 1205.3.
(v) Butte County APCD.
(A) Sections 1-1 to 1-35, 2-8, 2-10 to 2-11, 2A-1 to 2A-18, 3-2 to
3-2.1, 3-6, 3-9, 3-10.1, 3-11.1, 3.14, and 3.16.
(vi) San Diego County APCD.
(A) Rules 41, 55, 58, and 101-113.
(B) Previously approved on May 11, 1977 and now deleted without
replacement Rule 41.
(C) Previously approved on May 11, 1977 and now deleted without
replacement, Rule 55.
(D) Previously approved on May 11, 1977 in paragraph (c)(21)(vi)(A)
of this section and now deleted Rules 105, 106, 107, 110, 111, and 112
(now replaced by Rule 101).
(vii) Tehama County APCD.
(A) Rules 1:2, 3:1-3, 3:3a, 3:3b, 3:4-3:5, 3:5a, 3:6-3:14, 4:6, and
Implementation Plan for Agricultural Burning.
(B) Previously approved on May 11, 1977 and now deleted without
replacement Rule 41.
(viii) Yuba County APCD.
(A) Rules 1.1, 2.1-2.2, 2.10, 4.11, and Agricultural Burning
Regulations, Sections 1 to 6.
(B) Rule 4.5.
(C) Previously approved on August 22, 1977 in paragraph
(c)(21)(viii)(A) of this section and now deleted without replacement,
Rule 4.11.
(ix) Kings County APCD.
(A) Rules 102, 105-108, 110, 404-406, 409, 417-I, II, IV, and 510.
(B) Rule 111.
(C) Previously approved on August 22, 1977 and now deleted without
replacement Rule 510.
(D) Previously approved on August 22, 1977 in paragraph
(c)(21)(ix)(A) of this section and now deleted without replacement, Rule
107.
(x) Colusa County APCD.
(A) Rule 6.5 and Amendment Number 3.
(B) Rule 4.4g.
(xi) Imperial County APCD.
(A) Agricultural Burning Implementation Plan (Rules 200-206).
(xii) Sacramento County APCD
(A) Rules 72, 90, 91, and 92.
(xiii) Ventura County APCD.
(A) Rules 2, 37, 56, 59, 60, and 101.
(B) Previously approved on August 15, 1977 in paragraph
(c)(21)(xiii)(A) of this section and now deleted without replacement,
Rule 60.
(xiv) Yolo-Solano APCD.
[[Page 385]]
(A) New or amended Rules 1.2 (a, b, d to g, i to x, and z to ae),
1.4, 2.4(e), 2.8, 2.9, 4.1 to 4.5, 5.1 to 5.18, 6.1 (i) and (j), 6.2 to
6.5, and 6.7 to 6.8.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 4.4, 4.5, 5.2, 5.3, 5.5, 5.7 to 5.9, and 5.13 to 5.17.
(C) Previously approved on June 14, 1978 in paragraph
(c)(21)(xiv)(A) of this section and now deleted without replacement,
Rule 5.18.
(D) Previously approved on June 14, 1978 in paragraph
(c)(21)(xiv)(A) of this section and now deleted without replacement,
Rule 2.4.
(xv) San Bernardino County APCD.
(A) New or amended Rules 5(a), 53A, 57, 57.1, 57.2.
(xvi) Santa Barbara County APCD.
(A) Rules 2(a, b, k, l, m, n, o, p, q, r, s, t, u, v, w), 40 [with
the exception of 40(4)(m)].
(xvii) Calaveras County APCD.
(A) Rules 110 and 402(f).
(xviii) Los Angeles County APCD (Metropolitan Los Angeles portion).
(A) Amended Rule 45.
(B) Previously approved on September 8, 1978 in paragraph
(c)(21)(xviii)(A) of this section and now deleted without replacement,
Rule 45.
(22) Revised regulations for the following APCD's submitted on
November 2, 1973 by the Governor's designee.
(i) Bay Area APCD.
(A) Regulation 2.
(1) Division 1, Section 1222.
(2) Division 3, Section 3211.
(3) Division 4, Section 4113.
(4) Division 8, Sections 8414-8416.
(5) Division 9, Sections 9613, 9615, 9711.3, and 9711.5.
(6) Division 11, Section 11101.
(23) Revised regulations for the following APCD's submitted on
January 22, 1974 by the Governor's designee.
(i) Sacramento County APCD.
(A) Rule 30.
(ii) Santa Barbara County APCD.
(A) Rules 22, 24.1, 24.2.
(24) Revised regulations for the following APVD's submitted on July
19, 1974, by the Governor's designee.
(i) Sutter County APCD.
(A) Rule 1.3
(ii) Bay Area APCD.
(A) Regulation 1: (1) Sections 3112-3114, 3119 and 3122.
(iii) San Diego County APCD.
(A) Regulation IX.
(B) Rule 61.
(iv) Stanislaus County APCD.
(A) Rules 103, 108, 108.1, 113, 401, 402, 403, 404, 405, 409.1,
409.2, 418, 421, 505, 518, and 401.1.
(B) Rule 110.
(C) Previously approved on August 22, 1977 in paragraph (c)(iv)(A)
of this section and now deleted without replacement, Rule 518.
(v) Tehama County APCD.
(A) Rules 3:14 and 4:18.
(B) Rule 4:17.
(vi) Shasta County APCD.
(A) Rules 1:1 to 1:2, 2:6(1.)(a), 2:6(1.)(b) (i-ii and iv-vii)
2:6(1.)(c)(i-vi), 2:6(1.)(d-e), 2:6(2-4), 2:7, 2:8(a-c), 2:9, 2:11,
2:14, 2:25, 3:1 to 3:9, 3:11 to 3:12, and 4:1 to 4:23.
(B) Rule 3:10.
(C) Previously approved on August 22, 1977 and now deleted without
replacement Rules 4.2 to 4.4, 4.8 to 4.10, 4.15, and 4.23.
(D) Previously approved on August 22, 1977 in paragraph
(c)(24)(vi)(A) of this section and now deleted without replacement, Rule
3.7.
(vii) Kern County APCD.
(A) Rules 102, 103, 108, 108.1, 110, 113, 114, 301, 305, 401, 404,
405, 407.3, 409, 411, 413, 414, 417-I and II, 504, 516, and 518
(B) Rule 111.
(C) Rules 601-615, except those portions pertaining to sulfur
dioxide and the 12-hour carbon monoxide criteria levels.
(D) Previously approved on August 22, 1977 and now deleted without
replacement Rule 516 (including Southeast Desert).
(E) Previously approved on August 22, 1977 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
404.
(F) Previously approved on August 22, 1977 in paragraph (c)(vii)(A)
of this section and now deleted without replacement for implementation
in Kern County, Southeast Desert Air Basin, Rule 518.
(G) Previously approved on August 22, 1977 in paragraph (c)(vii)(A)
of this section and now deleted without replacement for implementation
in Kern County, San Joaquin Valley Air Basin, Rule 518.
[[Page 386]]
(viii) Sacramento County APCD.
(A) Rules 11, 39, 44, 70, 73, and 111.
(B) Rules 123 and 124, except those portions that pertain to the 12-
hour CO criteria level.
(ix) Yolo-Solano APCD.
(A) Rule 2.22.
(B) New or amended Rules 1.2(c, h, and y), 1.3, 2.11 to 2.16, 2.19,
4.3, 5.4, 5.6, and 5.12.
(C) Previously approved on June 14, 1978 and now deleted without
replacement Rules 5.6 and 5.12.
(x) Ventura County APCD.
(A) Rules 2, 3, 31, 32, 200, 203, and 204.
(B) Rule 32.
(C) Rules 70, 73.
(D) Rule 96.
(E) Rule 111.
(F) Previously approved on August 15, 1977 in paragraph (c)(x)(A) of
this section and now deleted without replacement, Rule 3.
(xi) Santa Barbara County Air Pollution Control District.
(A) Rules 150 to 152, 154 to 159, 160A, and 161 to 164, except those
portions pertaining to nitrogen oxides, sulfur dioxide and the 12-hour
carbon monoxide criteria levels.
(25) Revised regulations for the following APCD's submitted on
October 23, 1974 by the Governor's designee.
(i) Fresno County APCD.
(A) Rules 102, 103, 108, 108.1, 111-114, 401, 404-406, 408, 409.1,
409.2, 416, 416.1a, b, c(2), c(3), d, e(2), and f, 505 and 518.
(B) Rule 110.
(C) New or amended Rules 402 (a to g), 416.1(c)(1), 416.1(e)(1),
416.1(e)(3), and 416.1(e)(4).
(D) Rules 601-615, except those portions pertaining to sulfur
dioxide and the 12-hour carbon monoxide criteria levels.
(E) Previously approved on August 22, 1977 and now deleted without
replacement Rule 505.
(F) Previously approved on August 22, 1977 in paragraph
(c)(25)(i)(A) of this section and now deleted without replacement, Rule
518.
(ii) San Joaquin County APCD.
(A) Rules 102, 103, 108, 108.1, 108.2, 113, 305, 404-406, 407.2,
407.3, 408, 408.1, 409.1, 409.2, 410, 413, 414, 416, 416.1A to C, and
D.3 to E., 417, 420, 420.1, 421, 504, 505, and 510-520.
(B) Rule 110.
(C) New or amended Rules 416.1 (D)(1) and (D)(2).
(D) Previously approved on August 22, 1977 and now deleted without
replacement Rules 504, 505, 510, 512 to 518, and 520.
(E) Previously approved on August 22, 1977 in paragraph
(c)(25)(ii)(A) of this section and now deleted without replacement, Rule
519.
(iii) Lake County APCD.
(A) Parts II--V, Sections 3-7 of Part VI, Parts XI-XIII, Appendix A
(Agricultural Burning Definitions A-M, Burning Regulations/Agricultural
Burning (Farm) 1-9, /Farm 1-3, /Range 1-2), Appendix B (Parts I-II, Part
IV-1, 2, 5, and 6, Part V-1, 4, 5 and 6, Parts VI-VII, Part VIII-1-7 and
9, Parts IX-X), Tables I-IV.
(iv) Tulare County APCD.
(A) Rules 102, 103, 108.1, 110, 112-114, 302, 401, 404-406, 407.3,
408, 410, 410.1, 410.2, 411, 420, 503-505, and 515.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 503 to 505, 515, and 519.
(v) Ventura County APCD.
(A) Rules 2 and 125.
(vi) Santa Barbara County Air Pollution Control District.
(A) Rule 160B, except those portions pertaining to nitrogen oxides,
sulfur dioxide and the 12-hour carbon monoxide criteria levels.
(vii) Monterey Bay Unified APCD.
(A) Rules 100 to 106, 300 to 303, 400 to 401, 403, 404(a)(b)(d), 405
to 408, 412 to 417, 419 to 420, 500 to 508, 600 to 616, and 800 to 816.
(B) Previously approved on October 27, 1977 in paragraph
(c)(25)(vii)(A) of this section and now deleted without replacement,
Rules 302 and 303.
(26) Revised regulations for the following APCD's submitted on
January 10, 1975, by the Governor's designee.
(i) Sutter County APCD
(A) Rule 4.1
(ii) Bay Area APCD
(A) Regulation 2: (1) Sections 2018.1-2.
(B) Regulation 7.
(C) Regulation 8.
(D) Previously approved on May 11, 1977 in paragraph (c)(26)(ii)(B)
of this section and now deleted without replacement, Regulation 7.
(iii) Butte County APCD.
(A) Sections 3-11, 3-12, and 3-12.1.
[[Page 387]]
(iv) Glenn County APCD.
(A) Sections 2, 3.1, 10-14.3, 16, 17, 21, 21.1, 24, 57, 58, 81, 85,
86, 95.1, 118, 122.1-122.3, 154 and 155.
(B) Rules 95.2 and 95.3.
(C) Previously approved on May 11, 1977 and now deleted without
replacement Rules 118 and 122.1 to 122.3.
(D) Previously approved on May 11, 1977 in paragraph (c)(26)(iv)(A)
of this section and now deleted without replacement, Rule 155.
(E) Previously approved on August 22, 1977 in paragraph
(c)(26)(iv)(A) of this section and now deleted without replacement, Rule
3.1.
(v) Yuba County APCD.
(A) Agricultural Burning Regulations, sections 1 and 3.
(vi) Colusa County APCD.
(A) Rules 6.2 and 6.4.d. (1-2).
(vii) Fresno County APCD.
(A) Rules 409, 417, 503, 507, 513, and 515.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 503, 507, 513, and 515.
(viii) Mariposa County APCD.
(A) Rules 101, 102, 201, 202, 203 (a-f, h, i, and k), 204-216, 301-
303, 305-306, 308-313, 315-323, 401-403, 405-409, and 600-618.
(B) Rule 203(j).
(C) Previously approved on August 22, 1977 and now deleted without
replacement Rules 601, 602, 604 to 609, 611 to 616, and 618.
(D) Previously approved on August 22, 1977 in paragraph
(c)(26)(viii)(A) of this section and now deleted without replacement,
Rule 617.
(ix) Sierra County APCD.
(A) Rules 101, 102, 201-216, 301-323, 405-409, 601-620, 6, 27, 29,
and 51-56.
(B) Previously approved and now deleted, Rule 102.
(C) Previously approved on August 22, 1977 in paragraph
(c)(26)(ix)(A) of this section and now deleted without replacement Rules
619 and 620.
(D) Previously approved on August 22, 1977 in paragraph
(c)(26)(ix)(A) of this section and now deleted without replacement Rules
201 and 205.
(x) Shasta County APCD.
(A) Rules 2:6(5)(b), 3:1, 3:2, 4:6, and 4:14.
(xi) Tulare County APCD.
(A) Rules 417 and 417.1a. thru d., e.2., and f.
(B) New or amended Rules 417.1 (e)(1), (e)(3) and (e)(4).
(xii) Kern County APCD.
(A) Rules 410 and 503.
(xiii) Madera County APCD.
(A) Rules 102, 103, 105, 108, 112-114, 301, 305, 401, 402, (a-e, and
g), 404-406, 407.2, 407.3, 408, 409, 409.1 409.2, 412, 416, 416.1a, b,
c(2), c(3), d, e(2), f, 504, 505, and 518.
(B) Rule 402(f).
(C) Rule 110.
(D) New or amended Rules 416.1 (c)(1), (e)(1), (e)(3), and (e)(4).
(xiv) Yolo-Solano APCD.
(A) New or amended Rule 6.1 (a), (b), (c), (d), (e), and (g) (1, 2,
and 3).
(xv) Monterey Bay Unified APCD.
(A) Rules 49 to 411 and 421.
(xvi) Plumas County APCD.
(A) Rule 203(j).
(B) New or amended Rules 101, 102, 201, 202, 204, 206, 209, 210(a),
214, 216, 216-49, 216-50, 216-51, 216-54, 216-55, 216-56, 216-1, 216-2,
216-3, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401,
403, 405, 406, 408, 701, 702, 704, 705, 706, 707, 708, 709, 711, 712,
713, 714, 715, 716, 717.
(C) Previously approved and now deleted (without replacement) Rules
51.7, 57.5, 62, 70.
(D) Previously approved on June 14, 1978 and now deleted without
replacement Rules 705 to 709.
(E) Previously approved and now deleted, Rule 102.
(F) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvi)(B) of this section and now deleted without replacement,
Rule 717.
(xvii) Placer County APCD.
(A) New or amended Rules 102, 105, 201, 202, 204, 209, 312, 403,
405, 406, 701, 705, 707, 711, 712, 713, 714, 716, 717.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 701, 707, 711 to 714, and 716 (Mountain Counties Air
Basin).
(C) Previously approved on June 14, 1978 and now deleted without
replacement Rules 701, 705, 707, 711 to 714, and 716 (Lake Tahoe Air
Basin).
(D) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvii)(A) of this section and now deleted without replacement,
Rule 105.
(E) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvii)(A) of this
[[Page 388]]
section and now deleted without replacement Rule 717 (Lake Tahoe Air
Basin).
(F) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvii)(A) of this section and now deleted without replacement
Rules 705 and 717 (Mountain Counties Air Basin).
(G) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvii)(A) of this section and now deleted without replacement
Rules 701, 705, 707, 711 to 714, 716, and 717 (Sacramento Valley Air
Basin).
(27) Revised regulations for the following APCD's submitted on April
10, 1975, by the Governor's designee.
(i) Stanislaus County APCD.
(A) Rule 409.
(ii) Tehama County APCD.
(A) Rule 4:6.
(iii) Sacramento County APCD.
(A) Rules 12, 22a, 22b, 25, 32-34, and 40.
(iv) Bay Area APCD.
(A) Regulation 2, section 1302.2 and section 1302.22.
(B) Rules 32, 33, 34, 38, 40.
(v) San Bernardino County APCD.
(A) New or amended Rule 73.
(vi) Riverside County APCD.
(A) New or amended Rule 57.
(vii) Nevada County APCD.
(A) New or amended Rules 101, 102, 105, 106, 107, 201, 202, 203
[with exception of (g)], 204, 206, 208, 209, 210(a), 212, 214, 215, 301,
302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
317, 318, 322, 401, 403, 405, 406, 408, 601, 602, 701, 702, 703, 705,
706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 701 to 703, 705 to 709, and 712 to 716.
(C) Previously approved and now deleted, Rule 102.
(D) Previously approved on June 14, 1978 in paragraph
(c)(27)(vii)(A) of this section and now deleted without replacement,
Rules 105, 601, and 602.
(E) Previously approved on June 14, 1978 in paragraph
(c)(27)(vii)(A) of this section and now deleted without replacement Rule
717.
(viii) El Dorado County APCD.
(A) New or amended Rules 101, 102, 202, 204, 206, 209, 210(a), 212,
214, 301, 305, 306, 309, 310, 311, 312, 313, 315, 316, 317, 318, 323,
401, 403, 405, 406, 408, 601, 602, 701, 702, 704, 705, 706, 707, 708,
709, 711, 712, 713, 714, 715, 716, 717.
(B) Previously approved and now deleted (without replacement) Rules
5, 6, 7.
(C) Previously approved on June 14, 1978 in paragraph
(c)(27)(viii)(A) of this section and now deleted Rule 101.
(D) Previously approved on June 14, 1978 in paragraph
(c)(27)(viii)(A) of this section and now deleted without replacement,
Rules 323, 601, and 602.
(E) Previously approved on June 14, 1978 in paragraph
(c)(27)(viii)(A) and now deleted without replacement Rules 701, 702, 704
to 709, and 711 to 717.
(F) Previously approved on June 14, 1978 in paragraph
(c)(27)(vii)(A) of this section and now deleted without replacement
Rules 106, 107, 201, 215, 401, and 403.
(ix) [Reserved]
(x) Santa Barbara County APCD.
(A) Rules 32, 36, 36.3, 36.4, 36.5, 37, 38.
(28) Revised regulations for the following APCD's submitted on July
22, 1975, by the Governor's designee.
(i) Sutter County APCD
(A) Rules 1.2, 2.82, and 4.11.
(ii) San Diego County APCD.
(A) Rule 66.
(iii) Yuba County APCD
(A) Rule 1.1.
(iv) Calaveras County APCD.
(A) Rules 102, 201-215, 301-323, 401-403, 405-408, 409 (Public
Records), 601-604, 700-717, 105, 106, 110, 407(b), 409 (Organic
Solvents), 409.1 (Architectural Coatings), 409.2 (Disposal and
Evaporation of Solvents), 412, and 413.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 701, 704 to 709, 711 to 714, and 716.
(C) Previously approved on August 22, 1977 in paragraph
(c)(28)(iv)(A) of this section and now deleted without replacement Rule
717.
(v) Tuolumne County APCD.
(A) Rules 102, 201, 202, 203, (a-f, h, i, and k), 204-216, 301-303,
305-306, 308-313, 315-323, 400-403, 405-408, 409 (Public Records), 600-
618, 105-110, 301-304, 409 (Fuel Burning Equipment, Oxides of Nitrogen),
410, and 412-414.
(vi) Kings County APCD.
(A) Rule 410.
(vii) Shasta County APCD.
(A) Rule 2.8(e).
[[Page 389]]
(viii) Kern County APCD.
(A) Rules 115, 407.1, 422, and 423.
(B) Previously approved on August 22, 1977 in paragraph
(c)(28)(viii)(A) of this section and now deleted without replacement,
Rules 422 and 423.
(ix) Sacramento County APCD.
(A) Rule 93.
(x) Riverside County APCD.
(A) New or amended Rule 53.
(xi) Orange County APCD (Metropolitan Los Angeles portion).
(A) Amended Rule 53.
(29) Revised regulations for the following APCD's submitted on
November 3, 1975 by the Governor's designee.
(i) Lake County APCD.
(A) Part III, Number 59a.
(ii) Sacramento County APCD.
(A) Rules 13 and 14.
(B) Rules 71, 112, and 113.
(iii) Monterey Bay Unified APCD.
(A) Rule 418.
(iv) Bay Area APCD.
(A) Regulation 2, section 1302.21 and section 1302.23.
(v) San Diego County.
(A) Rule 63.
(B) Rules 112, 113.
(vi) Ventura County APCD.
(A) Rules 65, 66, 72, and 73.
(B) Previously approved on August 15, 1977 and now deleted without
replacement Rules 65 and 66.
(C) Previously approved on August 15, 1977 in paragraph
(c)(29)(vi)(A) of this section and now deleted without replacement, Rule
72 (72-72.8).
(30) Revised regulations for the following APCD's submitted on
February 10, 1976 by the Governor's designee.
(i) Bay Area APCD
(A) Regulation 1: (1) Section 3121.
(B) Regulation 6.
(ii) Butte County APCD
(A) Section 3-11.2
(iii) Yuba County APCD.
(A) Agricultural Burning Regulations, sections 1 and 3.
(iv) Colusa County APCD.
(A) Rule 6.6A.I and 6.6A.II-1. (a-f).
(v) Fresno County APCD.
(A) Rules 115, 422, 423, and 407.
(B) Previously approved on August 22, 1977 in paragraph
(c)(30)(v)(A) of this section and now deleted without replacement, Rules
422 and 423.
(vi) San Joaquin County APCD.
(A) Rules 114, 401, 402, 407.1, 409, 411, 422 and 423.
(B) Previously approved on August 22, 1977 in paragraph
(c)(30)(vi)(A) of this section and now deleted without replacement,
Rules 422 and 423.
(C) Rule 411.1 and 411.2.
(vii) Lake County APCD.
(A) Table V.
(viii) Sacramento County APCD.
(A) Rules 94-97.
(ix) Ventura County APCD.
(A) Rules 70 and 71.
(x) Southern California APCD.
(A) New or amended Rules 501, 502, 506, 507, 508, 509, 511, 512,
513, 514, 515, 516, 517, 518, 801, 803, 804, 807, 808, 809, 810, 811,
813, 814, 815, 817.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 501, 502, 506 to 509, 511 to 518, 801, 803 to 804, 807
to 811, 813 to 815, and 817.
(xi) Santa Barbara County APCD.
(A) Rule 32.1.
(31) Revised regulations for the following APCD's submitted on April
21, 1976, by the Governor's designee.
(i) Great Basin Unified APCD.
(A) Rules 200 to 216.
(B) Rules 100 to 107, 215, 300 to 303, 400 to 402, 404 to 413, 416
to 421, 500 to 501, 600 to 616, and 800 to 817.
(C) Alpine County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8,
4.10, 4.11, and 5.18.
(D) Inyo County APCD: Rules 1.3, 3.1, 4.1, 4.10, 4.11, 4.12, and
5.1.
(E) Mono County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8, 4.10,
4.11, 5.1, and 5.18.
(F) Previously approved on June 6, 1977 and now deleted without
replacement Rules 600 to 615 and 800 to 817.
(G) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B)
of this section and now deleted without replacement, Rules 105, 302, and
303.
(H) Previously approved on December 8, 1976 in paragraph
(c)(31)(i)(A) of this section and now deleted without replacement Rules
211 and 214.
(I) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B)
of this section and now deleted without replacement Rules 107 and 616.
(ii) Sutter County APCD
(A) Rule 4.1
(iii) San Diego County APCD.
(A) Rule 5.
[[Page 390]]
(B) Previously approved on May 11, 1977 in paragraph (c)(31)(iii)(A)
of this section and now deleted without replacement, Rule 5.
(iv) Glenn County APCD
(A) Sections 14.3 and 15.
(v) Kings County APCD.
(A) Rule 411.
(B) Rules 412 and 412.1.
(vi) Southern California APCD.
(A) Rules 461 and 462.
(B) New or amended Rules 103, 104, 105, 106.
(C) Rules 201-207, 209-212, 214-217, and 219.
(D) Previously approved on November 9, 1978 and now deleted without
replacement Rule 211.
(E) Previously approved on June 14, 1978 in paragraph (c)(31)(vi)(B)
of this section and now deleted without replacement, Rule 105.
(F) Previously approved on November 9, 1978 in paragraph
(c)(31)(vi)(C) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District,
Rules 211, 214, 215, and 216.
(vii) Santa Barbara County APCD.
(A) Rule 35.1 and 35.2.
(B) Rule 2(x).
(C) Rule 63, except those portions pertaining to sulfur dioxide and
the 12-hour carbon monoxide criteria levels.
(viii) Fresno County APCD.
(A) Rule 411 and 411.1.
(ix) Kern County APCD.
(A) Rule 412 and 412.1.
(x) Stanislaus County APCD.
(A) Rule 411 and 411.1.
(xi) Tulare County APCD.
(A) Rule 412 and 412.1.
(xii) Madera County APCD.
(A) Rule 411.1 and 411.2.
(xiii) Ventura County APCD.
(A) Rules 2, 4, 36, 40, 41, 42, 43, 104, 201, and 202.
(B) Previously approved on August 15, 1977 and now deleted without
replacement Rule 43.
(xiv) Yolo-Solano APCD.
(A) New or amended Rules 6.1(f) (1 and 2), (g)(4), (h) (1 and 2) and
6.6.
(xv) Nevada County APCD.
(A) Amended Rule 211.
(xvi) Bay Area APCD.
(A) Regulation 2, section 3212.
(B) Regulation 3, section 3203.
(xvii) [Reserved]
(xviii) Amador County APCD.
(A) Rule 404.
(B) New or amended Rules 101, 102, 104, 105, 106, 107, 201, 202,
204, 206, 207.1, 209, 210(A), 211, 212, 213.2, 213.3, 214, 305, 307,
308, 312, 401, 402, 403, 405, 406, 408, 409, 601, 602, 603, 702, 704,
705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
(C) Previously approved and now deleted (without replacement) Rules
18.1 (Regulation V), 22 (Regulation V).
(D) Previously approved on January 24, 1978 and now deleted without
replacement Rules 705 to 709 and 712 to 716.
(E) Previously approved on January 24, 1978 and now deleted without
replacement Rules 213.2 and 213.3.
(F) Previously approved on June 14, 1978 in paragraph
(c)(31)(xvii)(B) of this section and now deleted without replacement,
Rule 105.
(G) Previously approved on January 24, 1978 in paragraph
(c)(31)(xviii)(B) of this section and now deleted without replacement
Rule 717.
(32) Revised regulations for the following APCD's submitted on
August 2, 1976 by the Governor's designee.
(i) Bay Area APCD.
(A) Regulation 2: (1) Sections 2022.1-2, 2035.1, 3211.1, and
Divisions 16-18.
(ii) Stanislaus County APCD.
(A) Rules 102, 104, 105, 111, 112, 114, 301, 305, 407.1, 416, 416.1,
422, 423, 501, 504, and 511.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 501, 404, and 511.
(C) Previously approved on August 22, 1977 in paragraph
(c)(32)(ii)(A) of this section and now deleted without replacement,
Rules 104, 105, 112, 422, and 423.
(iii) Merced County APCD.
(A) Rules 411 and 411.1.
(B) Rule 109.
(C) New or amended Rules 102, 103, 103.1, 104, 105, 108.1, 110 to
115, 302, 401, 404, 405, 407.1, 408.1, 408.2, 409, 409.1, 409.2, 410,
412, 416, 416.1[(I), (II) (A-L), (II) (N-O), (III), (IV), (V), and
(VI)], 421(a), 501, 504, 505, 511, and 518.
(D) Previously approved and now deleted (without replacement) Rules
102(hh) and 102(ii).
(E) Previously approved on June 14, 1978 and now deleted without
replacement Rules 105, 501, and 504.
[[Page 391]]
(F) Previously approved on June 14, 1978 in paragraph
(c)(32)(iii)(C) of this section and now deleted without replacement,
Rule 302.
(G) Previously approved on June 14, 1978 in paragraph
(c)(32)(iii)(C) of this section and now deleted without replacement
Rules 505 and 518.
(iv) Southern California APCD.
(A) New or amended Rules 403, 404, 405, 407, 408, 409, 432, 441,
443, 464, 465, 467, 470, 471, 472, 473, 504, 505, 510, 802, 805, 806,
812, 816.
(B) Previously approved and deleted (without replacement).
(1) Los Angeles County APCD Rules 53.1, 55.
(2) San Bernardino County APCD Rules 50, 51.
(3) Riverside County APCD Rule 55.
(4) Orange County APCD Rule 55.
(C) Rules 202 and 219.
(D) Previously approved on June 14, 1978 and now deleted without
replacement Rules 504, 505, 510, 802, 805, 806, 812, and 816.
(E) Previously approved on June 14, 1978 and now deleted without
replacement.
(1) Los Angeles County APCD Rule 505.
(2) Riverside County APCD Rule 505.
(3) San Bernadino County APCD Rule 505.
(F) Previously approved on June 14, 1978 and now deleted without
replacement Rule 432.
(v) Plumas County APCD.
(A) Amended Rule 324.
(vi) El Dorado County APCD.
(A) Amended Rule 211.
(33)-(34) [Reserved]
(35) Revised regulations for the following APCDs submitted on
November 10, 1976 by the Governor's designee.
(i) Sacramento County APCD.
(A) Rules 1, 2, 11, 12, 21, 22a, 22b, 24, 25, 27, 28, 29, 33, 39,
44, 70, 71, 90, 92, 93, 94, 95, 96, 97, 98, and definitions list
addition to Regulation VII.
(B) Rule 14.
(ii) Southern California APCD.
(A) Rule 461.
(iii) Ventura County APCD.
(A) Rule 70.
(B) Rules 2, 57, 72, and 73 and Regulation VII (Rules 110-129).
(C) Previously approved on August 15, 1977 and now deleted without
replacement Rules 115 to 119, 122, and 128 to 129.
(D) Previously approved on August 15, 1977 in paragraph
(c)(35)(iii)(B) of this section and now deleted without replacement,
Rules 72 (72.9-72.10) and 73.
(iv) Santa Barbara County APCD.
(A) Rule 35.2.
(v) San Joaquin County APCD.
(A) Rules 102, 103, 103.1, 104, 105, 111, 112, 301, 305, 402, 416.1,
501, 504, 511.
(B) Previously approved on October 4, 1977 and now deleted without
replacement Rule 501.
(C) Previously approved on October 4, 1977 in paragraph
(c)(35)(v)(A) of this section and now deleted without replacement, Rules
104, 105, and 112.
(vi) Tulare County APCD.
(A) Rules 102, 103, 103.1, 104, 105, 110, 112, 115, 305 (402
paragraphs a. through e. and g.), 405, 407.1, 407.3, 409, 417.1, and
421.
(B) Rules 111 and 402(f).
(C) Previously approved on September 21, 1976 and now deleted
without replacement Rules 105 and 305.
(vii) Fresno County APCD.
(A) Rules 407 and 408.
(viii) Imperial County APCD.
(A) Rules 100, 114.5, 131.5, and 148.D(3).
(ix) Del Norte County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300,
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482,
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following
portions of Regulation 2: General prohibitions (all of page 1), Articles
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, and
Articles IV to VII.
(x) San Diego County APCD.
(A) Rules 2(k), 3, 50, 52, 53, 60, 62.
(xi) Monterey Bay Unified APCD.
(A) Rules 101, 104, 106, 214, 301, 404(c), 406, 407, 415, 601 to
603, 609, 801, 805, and 811.
(xii) San Luis Obispo County APCD.
(A) New or amended Rules 101 Title, 102, 103, 105(A)(2) through
105(A)(46), 106, 108, 109, 110 Enforcement, 111, 401, 403, 405, 408,
409, 410, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812,
813, 814, 815, 816, 817.
[[Page 392]]
(B) Rule 107.
(C) Rules previously approved and now deleted (without replacement)
101(1)(b), 101(2), 101(3), and 101(4) Effective Date, 110 Prohibitions,
116(1), 116(3), 119(1) and 119(4).
(D) Amended Rules 501 and 502 (sections A-F, H-I, K-N, O(1), P-Q).
(E) New or amended Rules 202, 205, 206, 207, 208, 209, 210, and 211.
(F) Previously approved on August 4, 1978 and now deleted without
replacement Rules 801 to 817.
(G) Previously approved on August 4, 1978 and now deleted without
replacement Rules 102 and 408.
(H) Previously approved on August 4, 1978 in paragraph
(c)(35)(xii)(A) of this section and now deleted without replacement,
Rules 110 and 111.
(I) Previously approved on February 1, 1984 in paragraph
(c)(35)(xii)(E) of this section and now deleted without replacement
Rules 202, 206, 207, and 208.
(xiii) Kern County APCD.
(A) New or amended Rules 102, 102(d), 102(oo), 103, 103.1, 104 to
105, 110, 112, 301(f), 305(a), 402 (c) and (e), 417(I)(A),
417(II)(B)(L), 501, and 511.
(B) Rule 504.
(C) Previously approved on March 22, 1978 and now deleted without
replacement Rules 105, 501, 504, and 511 (including Southeast Desert).
(D) Previously approved on March 22, 1978 in paragraph
(c)(35)(xiii)(A) of this section and now deleted without replacement,
Rule 104.
(E) Previously approved on March 22, 1978 in paragraph
(c)(35)(xiii)(A) of this section and now deleted without replacement for
implementation in the San Joaquin Valley Air Basin, Rule 104.
(F) Previously approved on March 22, 1978, in paragraph
(c)(35)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(239)(i)(C)(6) of this section, Rule 103.1, ``Inspection of
Public Records,'' adopted on August 31, 1976.
(xiv) Humboldt County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300,
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482,
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following
portions of Regulation 2: General prohibitions (all of page 1), Articles
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III,
Articles IV to VII, and Appendix A.
(D) Previously approved and now deleted (without replacement) Rules
5, 6, 80, 87, and 95.
(E) Previously approved on August 2, 1978 and now deleted without
replacement Rules 340, 510, and 620 to 650.
(xv) Mendocino County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and noncriteria pollutants), 190, 300 (except paragraph (a)), 310, 340,
400(b), 410(b), 410(c), 430, 440, 460, 470, 480, 482, 500, 510, 520,
600, 610, 620, 630, 640, and 650; and the following portions of
regulation 2: General prohibitions (all of page 1), Articles I and II,
paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and
V, Article VI(a) to (i), Article VII, and Appendices B and C.
(D) Previously approved and now deleted (without replacement) Parts
IV, V-5-B, VI-1, and VI-4.
(E) Previously approved on November 7, 1978 and now deleted without
replacement Rules 510, 620, 640, and 650.
(F) Previously approved on November 7, 1978 in paragraph
(c)(35)(xv)(C) of this section and now deleted without replacement,
Rules 340.
(G) Previously approved on November 7, 1978 in paragraph
(c)(35)(xv)(C) of this section and now deleted without replacement Rule
630.
(xvi) Northern Sonoma County APCD.
(A) Rule 540.
(B) New or amended Rules 100, 110, 120, 130, 150, 160, (except
160(a) and non-criteria pollutants), 190, 300, 310, 320, 340, 400(b),
410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610,
620, 630, 640, and 650; and the following portions of Regulation 2:
General prohibitions (all of page 1), Articles I and II, paragraphs A1,
A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and V, paragraphs
(a) to (i) of Article VI, and Article VII.
[[Page 393]]
(C) Previously approved on August 16, 1978 and now deleted without
replacement Rules 340, 510, 600, 610, 620, 630, 640, and 650.
(D) Previously approved on August 16, 1978 in paragraph
(c)(35)(xvi)(B) of this section and now deleted without replacement,
Rule 130.
(xvii) Trinity County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and non-criteria pollutants), 190, 240(d) except paragraph (3)), 300,
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482,
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following
portions of regulation 2: General prohibitions (all of page 1), articles
I and II, paragraphs A1, A2, A3, A4, 5, 7 and 8 of article III, articles
IV and V, paragraphs (a) to (i) of article VI, and article VII.
(D) Previously approved on August 2, 1978 and now deleted without
replacement Rules 340, 510, and 620 to 650.
(36) Revised regulations for the following APCD were submitted on
November 19, 1976, by the Governor's designee.
(i) Southern California APCD.
(A) Rules 213, 213.1, and 213.2.
(B) Previously approved on November 9, 1978 and now deleted without
replacement Rule 213, 213.1, and 213.2.
(37) Revised regulations for the following APCD's submitted on
February 10, 1977, by the Governor's designee.
(i) Southern California APCD.
(A) New or amended Rules 102, 468, 469, 474, 475, 476.
(B) Rule 430.
(C) Amended Rule 431.
(ii) San Diego County APCD.
(A) Rule 68.
(iii) San Luis Obispo County APCD.
(A) Rule 112, and Rules 404(A) through 404(B)(1)(a), 404(B)(1)(c),
404(B)(2), 404(B)(3), 404(B)(4), 404(c), 404(D), and 404(E).
(iv) Lake County APCD.
(A) Rules 500, 510, and 511.
(B) New or amended sections 100, 200 to 205.1, 207 to 234, 236, 238
to 260, 300, 301, 400, 401, 402 (A to E, and G), 410, 411, 412 (A and
C), 430 to 439, 520, 530 to 533, 800, 900 to 902, 1000 to 1003, 1100,
1200, 1300, 1400, 1500, 1600, 1601, 1610, 1611, 1612, 1620, 1700, 1701,
1710 to 1714, 1720 to 1725, 1730, 1731 to 1736, and tables I, II, III,
IV, and V.
(C) Previously approved and now deleted (without replacement) part
II; sections 9, 15, 18, 28, 42, 43, 49a, 49b, 50, 52, and 54 of part
III; sections 1 to 4 of part IV; section (1)(B) of part V; and parts IV
and VI of Appendix B.
(D) Previously approved on August 4, 1978 and now deleted without
replacement Rules 300, 800, 1600, 1601, 1610 to 1612, 1620, 1700 to
1701, 1710 to 1714, 1720 to 1725, 1730 to 1736, and Tables I to V.
(E) Previously approved on August 4, 1978 in paragraph
(c)(37)(iv)(B) of this section and now deleted without replacement,
Rules 531, 901, and 1500.
(v) Tuolumne County APCD.
(A) Rule 404.
(B) New or amended Rules 102, 202, 203, 206, 207, 208, 209, 213,
215, 216, 217, 301, 302, 303, 304, 308, 319, 321, 322, 323, 324, 402,
407, 409, 601, 602, 603, 604, 605, 700, 701, 702, 703, 704, 705, 706,
707, 708, 709, 710, 711, 712, 713, 714, 715, 716, and 717 and rescinded
Rules 413 and 414.
(C) Previously approved on December 6, 1979 and now deleted without
replacement Rules 601 to 605, 700 to 704, and 705 to 716.
(D) Previously approved on December 6, 1979 in paragraph
(c)(37)(v)(B) of this section and now deleted without replacement, Rules
216, 323, and 324.
(E) Previously approved on December 6, 1979 in paragraph
(c)(37)(v)(B) of this section and now deleted without replacement Rule
717.
(38) Revisions to air pollution emergency episode plans submitted on
June 1, 1977 by the Governor's designee.
(i) South Coast Air Quality Management District's Regulation VII
Emergencies as revised on May 6, 1977. No action has been taken on those
portions of Rules 702, 703, 704, 706, 708, 708.2, 710, 711, 712 and 714
that pertain to sulfate, oxidant in combination with sulfate, or oxidant
in combination with sulfur dioxide. No action has been taken on Rules
708.2(b)(3)(B), 708.2(b)(4)(B), 708.2(b)(4)(C) and 708.2(b)(5)(C).
(39) Revised regulations for the following APCDs submitted on June
6, 1977, by the Governor's designee.
(i) Great Basin Unified APCD.
(A) Rule 403.
[[Page 394]]
(ii) San Bernardino County APCD (Southeast Desert portion).
(A) Rule 430.
(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
(C) New or amended Rules 104, 106, 208, 218, 401, 403, 53-A(a), 407
to 409, 431, 432, 441 to 443, 464 to 470, 472, 473, 475, 476, 503 to
508, 510 to 518, 801 to 817.
(D) [Reserved]
(E) Rules 703, 704 (except those portions that pertain to the
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707,
708, 709, 710, 711, 713, and 714.
(F) Previously approved on September 8, 1978 and now deleted without
replacement Rules 503 to 508, 510 to 516, 518, and 801 to 817.
(G) Previously approved on September 8, 1978 and now deleted without
replacement Rules 466 and 467.
(H) Previously approved on September 8, 1978 in paragraph
(c)(39)(ii)(C) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District,
Rule 517.
(I) Previously approved on November 9, 1978 in paragraph
(c)(39)(ii)(B) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District,
Rules 210, 211, and 214 to 216.
(J) Previously approved on November 9, 1978 in paragraph
(c)(39)(ii)(B) of this section and now deleted without replacement:
Rules 213, 213.1, and 213.2.
(iii) Los Angeles County APCD (Southeast Desert portion).
(A) Rule 430.
(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
(C) New or amended Rules 101, 102, 2, 103 to 106, 208, 218, 301, 42,
401, 403 to 405, 407 to 409, 431, 432, 441 to 444, 461, 463 to 476, 502
to 518, 801 to 817.
(D) Deleted without replacement Rule 53.1, and Regulation VI--
Orchard or Citrus Grove Heaters.
(E) Rules 701, 702, 703, 704 (except those portions that pertain to
the criteria levels for carbon monoxide and sulfur dioxide), 705, 706,
707, 708, 709, 710, 711, 712, 713, 714, and 715.
(F) Previously approved on September 8, 1978 and now deleted without
replacement Rules 502 to 516, 518, and 801 to 817.
(G) Previously approved on September 8, 1978 in paragraph
(c)(39)(iii)(C) of this section and now deleted without replacement,
Rules 42 and 105.
(iv) Riverside County APCD (Southeast Desert portion).
(A) Rule 430.
(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217 and 219.
(C) New or amended Rules 103, 104, 208, 218, 301, 42, 401, 403 to
405, 53, 56, 407 to 409, 431, 432, 441 to 444, 463 to 476, 73, 503 to
518, 801 to 817.
(D) Deleted without replacement Regulation V--Orchard, Field or
Citrus Grove Heaters.
(E) Rules 702, 703, 704 (except those portions that pertain to the
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707,
708, 709, 710, 711, 712, 713, 714, and 715.
(F) Previously approved on September 8, 1978 and now deleted without
replacement Rules 503 to 516, 518, and 801 to 817.
(G) Previously approved on September 8, 1978 in paragraph
(c)(39)(iv)(C) of this section and now deleted without replacement,
Rules 42 and 301.
(H) Previously approved on November 9, 1978 in paragraph
(c)(39)(iv)(B) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District,
Rules 210, 211, and 214 to 216.
(I) Previously approved on September 8, 1978 in paragraph
(c)(39)(iv)(C) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District,
Rule 517.
(J) Previously approved on November 9, 1978 in paragraph
(c)(39)(iv)(B) of this section and now deleted without replacement:
Rules 213, 213.1, and 213.2.
(v) Yolo-Solano APCD.
(A) Amended Rule 2.21.
(vi) South Coast Air Quality Management District.
(A) Amended Rule 461.
(B) Amended Rule 431.
(vii) Mariposa County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
203 (with
[[Page 395]]
the exception of (D)), 206(B), 207, 208, 211, 215, 216, 301, 302, 303,
304, 308, 319, 320, 321, 322, 324, 402, 404, 407, 507, 514, 600, 603,
and 610.
(B) Previously approved and now deleted (without replacement) Rule
203(k).
(C) Previously approved on June 6, 1977 and now deleted without
replacement Rules 600, 603, and 610.
(D) Previously approved on August 16, 1978 in paragraph
(c)(39)(vii)(A) of this section and now deleted without replacement,
Rules 216 and 402.
(E) Previously approved on August 16, 1978 in paragraph
(c)(39)(vii)(A) of this section and now deleted without replacement Rule
514.
(viii) Sierra County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215,
216, 301, 302, 303, 308, 319, 320, 321, 322, 324, 402, 404, 407, 409,
507, 514, 516, 600 to 617.
(B) Previously approved and now deleted (without replacement) Rules
203(j) and 620.
(C) Previously approved on September 14, 1978 and now deleted
without replacement Rules 601 to 602, 604 to 609, and 611.
(D) Previously approved and now deleted, Rule 102.
(E) Previously approved on September 14, 1978 in paragraph
(c)(39)(viii)(A) of this section and now deleted without replacement
Rules 600, 612, 613, 614, 615, 616, and 617.
(ix) Plumas County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215,
216, 301, 302, 303, 304, 307, 308, 319, 320, 321, 322, 324, 402, 404,
407, 409, 507, 514, 602 to 605, 700, 703, and 710.
(B) Previously approved on September 14, 1978 and now deleted
without replacement Rules 602 to 605, 700, and 710.
(C) Previously approved and now deleted, Rule 102.
(x) Nevada County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
103, 104, 203(e and i), 206(B), 207, 216, 304, 319, 320, 321, 402, 407,
409, 507, 514, 700, 703(E and I), 704, 710 and 711(A).
(B) Previously approved on September 14, 1978 and now deleted
without replacement Rules 704, 710, and 711(A).
(C) Previously approved and now deleted, Rule 102.
(D) Previously approved on September 14, 1978 in paragraph
(c)(39)(x)(A) of this section and now deleted without replacement, Rule
402.
(E) Previously approved on September 14, 1978 in paragraph
(c)(39)(x)(A) of this section and now deleted without replacement Rule
514.
(40) [Reserved]
(41) Revised regulations for the following APCD's submitted on
October 13, 1977, by the Governor's designee.
(i) Kings County APCD.
(A) New or amended Rules 412 and 412.2.
(ii) San Diego County Air Pollution Control District.
(A) New or amended Rules 2(b), 2(t), 2(u), 2(v), 2(w), 3, 19.2, 40,
42, 50, 52, 53, 54, 61.5, 64, 65, 66, 68, 71, 76, 77, 85, 95, 96,
101(f), 102(d), 102(e), 103(d), 103(g), 104, 109, and 177.
(1) Rule 65 is now removed without replacement as of March 14, 1989.
(B) Previously approved and now deleted (without replacement) Rule
113.
(C) Regulation VIII, Rules 126-138 and Appendix A, except as these
rules apply to the 12-hour carbon monoxide episode criteria specified in
Rule 127.
(D) Previously approved on August 31, 1978 and now deleted without
replacement Rules 77, 85, and 96.
(E) Previously approved on August 31, 1978 and now deleted without
replacement Rule 3.
(F) Previously approved on August 31, 1978 in paragraph
(c)(41)(ii)(A) of this section and now deleted Rule 104 (now replaced by
Rule 101).
(iii) Bay Area APCD.
(A) New or amended rules: Regulation 1, section 3121 and Regulation
2, sections 3210.5 to 3210.11.
(iv) Ventura County APCD.
(A) New Rule 105.
(v) Kern County APCD.
(A) Rule 108.
(vi) San Luis Obispo County APCD.
(A) New Rule 113.
(vii) Monterey Bay Unified APCD.
(A) New Rules 215, 422.
(viii) Amador County APCD.
[[Page 396]]
(A) New or amended Rules 102(C), 102(F), 102(AW), 103, 205(A)(1),
207, 212, 216, 302(A), 304, 305(C), 313(A), 507, 602.1, 604, 605, 701,
703(E) and 710.
(ix) Calaveras County APCD.
(A) New or amended Rules 102, 203 (with the exception of (D) and
(G)), 206(B), 207, 208, 209, 211, 215, 216, 217, 301, 302, 303, 304,
319, 320, 321, 322, 323, 324, 402, 404, 407, 507, 602 to 604, 700, 702,
703, 710, and 715.
(B) Previously approved and now deleted (without replacement) Rule
203(J).
(C) Previously approved on November 7, 1978 and now deleted without
replacement Rules 700, 702, 703, 710, 715.
(D) Previously approved on November 7, 1978 in paragraph
(c)(41)(ix)(A) of this section and now deleted without replacement,
Rules 216, 324, 402, 602, 603, and 604.
(x) Placer County APCD.
(A) New or amended Rules 101, 102, 103, 104, 203 (with the exception
of (G)), 206, 207, 208, 210, 211, 213, 214, 301 to 311, 313 to 322, 401,
402, 404, 407, 408, 409, 507, 603 to 605, 702 to 704, 706, 708, 709,
710, 715, 801 to 804.
(B) Previously approved on November 15, 1978 and now deleted without
replacement Rules 703, 704, 708 to 710, and 715 (Mountain Counties Air
Basin).
(C) Previously approved on November 15, 1978 and now deleted without
replacement Rules 603 to 605, 702 to 704, 706, 708 to 710, and 715 (Lake
Tahoe Air Basin).
(D) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement, Rule
402.
(E) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement, Rules
801 to 804 (Lake Tahoe Air Basin).
(F) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement, Rules
801, 802, 803 (paragraphs B and C), and 804 (Mountain Counties Air
Basin).
(G) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement, Rules
603, 604, 605, and 801 to 804 (Sacramento Valley Air Basin).
(H) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement Rule
706 (Mountain Counties Air Basin).
(I) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement Rules
702 to 704, 706, 708 to 710, and 715 (Sacramento Valley Air Basin).
(J) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted with replacement in
paragraph (c)(497)(i)(B)(1) of this section, Rule 206.
(xi) Tulare County APCD.
(A) New or amended Rules 108 and 412.1
(xii) Shasta County APCD.
(A) New or amended Rules 1:2 (with the exception of the definition
of ``person''); 2:6(1)(a), (1)(b), (i-ii), (1)(b)(iii), (a, b, and d),
(1)(b), (iv-vii), (1)(c), (i-vi and viii), (1) (d and e), (2) (a-d and
f), (3) (a-c and e-g), (4) (a-c and e-i), (5) (b-d); 2:7, 2:8; 3:2
(except part VI and VII of table II, and explanatory notes 6 and 7);
3:4, 4:1, 4:5, 4:6, 4:14, and 4:19.
(B) Previously approved on November 14, 1978 and now deleted without
replacement Rules 4.5 and 4.6.
(xiii) Madera County APCD.
(A) Amended Rule 412.1.
(xiv) South Coast Air Quality Management District.
(A) New or amended Rules 101 and 102 (except for the definition of
``agricultural burning'').
(xv) Northern Sonoma County APCD.
(A) New or amended Rules 420(e) and (f), and 455(a) and (d).
(42) Revised regulations for the following APCD's submitted on
November 4, 1977 by the Governor's designee.
(i) Imperial County APCD.
(A) New or amended Rules 100 to 110, 113 to 115, 301 to 303, 305,
401, 403 to 406, 408, 409, 411 to 416, 419 to 422, 501 to 516, and 701
to 706.
(B) Previously approved and now deleted (without replacement), Rules
106B, 113, 126, 131 and 147.
(C) Rules 601, 602 (except those portions that pertain to the
criteria levels for carbon monoxide and sulfur dioxide), 603, 604, 605,
606, 607, 608, 609, 610, 611, 612, 613, and 614.
(D) New Rule 417 (A-H, and J).
[[Page 397]]
(E) Previously approved on August 11, 1978 and now deleted without
replacement Rules 501 to 512 and 514 to 516.
(F) Previously approved on August 11, 1978 in paragraph
(c)(42)(i)(A) of this section and now deleted without replacement, Rules
104, 106, and 303.
(ii) Sacramento County APCD.
(A) Rules 3, 7(a) to 7(b)(2), 7b(4) to 7(d), 9, 11, 12, 13, 14, 15,
21, 22a, 23, 24, 25, 26, 94, 95, 96, 97, and 98.
(B) Rules 120, 121, 122, 125, and 126, except those portions that
pertain to the 12-hour CO criteria level.
(iii) Kings County APCD.
(A) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110,
111, 112, 113, 401, 402(a) to 402(d), 402(f), 402(g), 404, 404.1, 405,
405.1, 405.2, 405.3, 406, 407.1, 409, 410, 416.1, 417, 417.1, 418, 421,
and 501.
(B) Previously approved and now deleted, Rule 405.1.
(C) Previously approved on August 4, 1978 and now deleted without
replacement Rules 105 and 501.
(D) Previously approved on August 4, 1978 in paragraph
(c)(42)(iii)(A) of this section and now deleted without replacement,
Rules 104 and 110.
(iv) Stanislaus County APCD.
(A) New or amended Rules 103.1, 108, 411.1.
(v) Merced County APCD.
(A) Amended Rules 411(b) and 411.1.
(vi) Kern County APCD.
(A) Rule 412.1.
(vii) San Luis Obispo County APCD.
(A) New or amended Rules 105(A)(1), 407, 501(A)(7), 502(A)(3).
(viii) Glenn County APCD.
(A) New or amended Rules 82, 152, and 154.
(B) Previously approved on September 14, 1978 in paragraph
(c)(42)(viii)(A) of this section and now deleted without replacement,
Rules 152 and 154.
(ix) Great Basin Unified APCD.
(A) New or amended Rules 300, 423, and 617.
(B) Previously approved and now deleted (without replacement) Rules
411 and 418.
(x) El Dorado County APCD.
(A) New or amended Rules 102, 201, 203 [with the exception of (G)],
206(B), 207, 208, 215, 216, 217, 217-49 to 217-50, 217-51(A to D), 217-
53 to 217-56, 217-1 to 217-3, 302, 303, 304, 307, 308, 319, 320, 321,
322, 324, 402, 407, 409, 507, 700, 703 and 710.
(B) Previously approved on November 6, 1978 in paragraph
(c)(42)(x)(A) of this section and now deleted Rule 102.
(C) Previously approved on November 6, 1978 in paragraph
(c)(42)(x)(A) of this section and now deleted without replacement, Rules
216, 324, and 402.
(D) Previously approved on November 6, 1978 in paragraph
(c)(42)(x)(A) of this section and now deleted without replacement Rules
700, 703, and 710.
(xi) Fresno County APCD.
(A) New or amended Rules 411.1 and 416.1(g).
(xii) San Joaquin County APCD.
(A) New or amended Rules 108 and 411.2.
(xiii) San Bernardino County Desert APCD.
(A) New or amended Rules 101, 102, 103, 105, 404, 405, 406(a), 444,
461, 462, 463, 471, 474, 501, 502 and 509.
(B) Previously approved and now deleted without replacement Rules 44
and 53.1.
(C) Rules 701, 702, 712, and 715.
(D) Previously approved on December 21, 1978 and now deleted without
replacement Rules 501, 502, and 509.
(xiv) Riverside County APCD.
(A) New or amended Rules 101, 102, 105, 461, and 501.
(B) Rule 701.
(C) Previously approved on December 21, 1978 and now deleted without
replacement Rule 501.
(D) Previously approved on December 21, 1978 in paragraph
(c)(42)(xiv)(A) of this section and now deleted without replacement,
Rule 105 (Mojave Desert AQMD only).
(xv) Del Norte County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to regulation 1.
(xvi) South Coast Air Quality Management District.
(A) New or amended Rules 218, 463, and 466.
(B) Rules 702 (map only) and 708.2.
(C) Rules 714 and 715.1 (except those portions that pertain to
sulfate, oxidant in combination with sulfate, and oxidant in combination
with sulfur dioxide).
(xvii) Humboldt County APCD.
[[Page 398]]
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to Regulation 1.
(xviii) Santa Barbara County APCD.
(A) New Rule 39.3.
(xix) Mendocino County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to Regulation 1.
(xx) Trinity County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to Regulation 1.
(xxi) Northern Sonoma County APCD.
(A) New or amended Rules 240(e), 310, and Appendix D to Regulation
1.
(B) Previously approved on December 21, 1978 in paragraph
(c)(42)(xxi)(A) of this section and now deleted with replacement in
paragraph (c)(164)(i)(B)(4) of this section, Rule 240(e).
(xxii) Monterey Bay Unified APCD.
(A) Regulation VII, Rules 700-713.
(43) [Reserved]
(44) Revised regulations for the following APCD's submitted on June
22, 1978, by the Governor's designee.
(i) Great Basin Unified APCD.
(A) Amended Rule 419.
(ii) Santa Barbara County APCD.
(A) New Rule 24.15.
(iii) Ventura County APCD.
(A) New or amended Rules 2, 7, and 56 (with the exception of
Sections B(2)(c) and C).
(iv) Yolo-Solano APCD.
(A) Amended Rules 1.2 (preamble), 1.4, 2.8(c)(2), 2.13(h)(4), 2.15,
2.17, 2.20, 4.4(b), 5.1, 5.4(e)(1), 5.10, 5.11, and 6.7(f).
(B) Previously approved and now deleted (without replacement) Rule
2.8(b)(4).
(C) Previously approved on January 29, 1979 and now deleted without
replacement Rules 5.1, 5.10 and 5.11.
(D) Previously approved on January 29, 1979 in paragraph
(c)(44)(iv)(A) of this section and now deleted without replacement, Rule
1.4.
(v) South Coast Air Quality Management District.
(A) Rules 102, 501.1, and 503.
(B) Previously approved on March 28, 1979, and now deleted without
replacement Rule 503.
(vi) San Diego County APCD.
(A) New or amended Rules 66, 67.0, and 67.1.
(45) Revised regulations for the following APCD's submitted on July
13, 1978 by the Governor's designee.
(i) Bay Area APCD.
(A) New or amended Regulation 2, Division 3, sections 3210.11(B),
3211.2; Regulation 3, Division 3, Sec. 3102.1; Regulation 9.
(ii) South Coast AQMD.
(A) Rules 302, 461, 465, 1102, and 1113.
(iii) San Diego County APCD.
(A) New or amended Rules 42, 76, and 97.
(B) Previously approved on July 30, 1979 and now deleted without
replacement Rules 76 and 97.
(46) The following Administrative Chapters of the California SIP,
submitted on December 29, 1978, by the Governor's designee.
(i) Chapter 2--Statewide Perspective.
(ii) Chapter 20--Compliance.
(iii) Chapter 23--Source Surveillance.
(iv) Chapter 24--Resources.
(v) Chapter 25--Intergovernmental Relations.
(47) Revised regulations for the following APCD's submitted on
January 2, 1979 by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rules 301, 303, 708.3, 1201-1206, 1209-1211,
1214, 1217, 1220-1221, 1223-1224 and 1231.
(B) New or amended Rules 462, 481, and 1104.
(C) Previously approved on May 9, 1980 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rules 1201-1205, 1209-1211, 1214, 1217, 1220-1221, and
1223-1224.
(D) Previously approved on May 9, 1980 and now deleted without
replacement for implementation in the South Coast Air Quality Management
District, Rule 1231. (JR)
(E) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of
this section and now deleted without replacement for implementation in
the Antelope Valley Air Pollution Control District Rule 1231.
(F) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of
this section and now deleted without replacement for implementation in
the Mojave Desert Air Quality Management District (Riverside County),
[[Page 399]]
Rules 1201 to 1205, 1209 to 1211, 1214, 1217, 1220, 1221, 1223, and
1224.
(G) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of
this section and now deleted without replacement for implementation in
the South Coast Air Quality Management District, Rules 1201 to 1205,
1209 to 1211, 1214, 1217, 1220, 1221, 1223, and 1224.
(ii) Fresno County APCD.
(A) New or amended Rules 110, 416.1, and 519.
(B) New or amended Rule 409.1.
(iii) Kern County APCD.
(A) New or amended Rules 111, 301, and 519.
(B) Rule 412.
(iv) Lake County APCD.
(A) New or amended Rules 435, and 436, and Tables V and VI.
(v) Monterey Bay Unified APCD.
(A) Amended Rule 301.
(vi) Siskiyou County APCD.
(A) Amended Rule 4.3.
(vii) San Luis Obispo County APCD.
(A) Rule 407.
(B) New or amended Rule 201.
(48) Chapter 3--Legal Authority of the California SIP, submitted on
March 16, 1979, by the Governor's designee.
(49) Addendum to Chapter 23 of the California SIP submitted on March
29, 1979, by the Governor's designee.
(50) Revised regulations for the following APCD's submitted on May
7, 1979, by the Governor's designee.
(i) Del Norte County APCD.
(A) New or amended Rules 240, 410 (a) and (c), and 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(ii) Humboldt County APCD.
(A) New or amended Rules 240, 410 (a) and (c), 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(iii) Mendocino County APCD.
(A) New or amended Rules 240, 410, and 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(iv) Trinity County APCD.
(A) New or amended Rules 240, 410 (a) and (c), and 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(v) Northern Sonoma County APCD.
(A) New or amended Rules 240, 300, 310, 320, 410 (a) and (c), 420,
540, 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rules 320 and 615.
(C) Previously approved on October 31, 1980 in paragraph
(c)(50)(v)(A) of this section and now deleted with replacement in
paragraph (c)(164)(i)(B)(4) of this section, Rule 240.
(vi) Merced County APCD.
(A) New or amended Rule 409.1.
(B) New or amended Rule 519.
(vii) Modoc County APCD.
(A) New or amended Rules 1:2 w, 2:11, 2:15, 3:3 and 3:4.
(viii) Monterey Bay Unified APCD.
(A) Rules 403 and 602.
(ix) Ventura County APCD.
(A) New or amended Rules 71 and 71.3.
(B) New or amended Rule 11.
(x) San Diego County APCD.
(A) New or amended Rule 10(h) and deletion of Rule 43.
(51) Revised regulations for the following APCD's submitted May 23,
1979, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rules 305 and 503.
(B) Rules 410.1 and 424.
(C) Previously approved on August 11, 1980 and now deleted without
replacement Rule 503 (including Southeast Desert).
(ii) Monterey Bay Unified APCD.
(A) Rule 417.
(B) Rule 617.
(iii) Del Norte County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(iv) Humboldt County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(v) Mendocino County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
[[Page 400]]
(vi) Trinity County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(vii) San Diego County APCD.
(A) Amended Rules 2(t), 61.5, and 61.7.
(B) New or amended Rules 19.2(d)(4), 50, 62(a), 66(P) and (W), 95,
and 98.
(C) New or amended Rule 11.
(D) Previously approved on September 28, 1981 and now deleted
without replacement Rules 95 and 98.
(E) Previously approved on July 6, 1982 in paragraph (c)(51)(vii)(C)
of this section, and now deleted with replacement in paragraph
(c)(488)(i)(A)(3) of this section, Rule 11.
(viii) San Joaquin County APCD.
(A) New or amended Rule 409.1.
(B) New or amended Rules 110 (a), (b), and (d)-(i), 301, 303-311,
and 511.
(C) New or amended Rules 102, 108.2, 110(c), 302, 401, and 521.
(D) Previously approved on December 9, 1981 and now deleted without
replacement Rules 301, 303 to 311, and 511.
(E) Previously approved on June 18, 1982 and now deleted without
replacement Rule 302.
(ix) Stanislaus County APCD.
(A) New or amended Rule 409.1.
(B) New or amended Rule 110 (A), (B) and (D)-(I).
(C) New or amended Rules 110(c) and 519.
(D) Previously approved on June 18, 1982 and now deleted without
replacement Rule 519.
(x) Tulare County APCD.
(A) New or amended Rules 410.1 and 413.
(B) New or amended Rules 111 (a), (b), and (d)-(i), 402, and 417.
(C) New or amended Rules 108, 111(c), 201, 410 and 519.
(xi) Lake County APCD.
(A) New Rules 227.1, 254.1, and 660.
(B) Previously approved on January 27, 1981 in paragraph
(c)(51)(xi)(A) of this section and now deleted without replacement, Rule
660.
(xii) San Bernardino County Desert APCD.
(A) New Rules 480 and 501.1.
(B) New or amended Rules 442, 463, and 1113.
(C) Previously approved on January 27, 1981 and now deleted without
replacement Rule 501.1.
(xiii) Santa Barbara County APCD.
(A) New or amended Rules 101, 102, 103, 104, 201(A, B, D, E, F, and
G), 202, 203, 204, 205(A and B), 206, 207, 208, 209, 210, 211, 301, 302,
304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 317, 319, 322,
324, 328, 401, 402, 403, 501, 502, 503, 504, 505, 505-A, 506, 507, 508,
509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 601, 602, 603,
604, 605, 606, 607, 608, 609, and 610.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rules 210 to 211, 501 to 504, 506 to 512, 514 to 516, and
518.
(C) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted without replacement,
Rule 402.
(D) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted without replacement
Rules 204, 207, 208, 209, 513, 517, and 519.
(E) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(187)(i)(E)(1) of this section, Rule 206.
(F) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(254)(i)(C) of this section, Rules 203 and 204.
(G) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(361)(i)(A)(4) of this section, Rule 201.
(xiv) El Dorado County APCD--Lake Tahoe Air Basin Portion.
(A) New or amended Rules 101, 102 (except LAER, stationary source,
modification definitions), 103, 104, 201-203, 206A-212, 217, 301-305,
307-310, 312-321, 404, 702-704, 706-710, and 801-804. Deleted Rules
59(g)(1), 102I, 102S, 102BB, 102FF, 102GG, 102LL, 102RR, 208, 214, 601,
602, and 700.
(B) Amended Rule 306.
(C) New or amended Rules 102, LAER, stationary source, and
modifications; 213; and 214.
(D) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A)
of this section and now deleted without replacement, Rules 801 to 804.
[[Page 401]]
(E) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A)
of this section and now deleted without replacement Rules 702 to 704 and
707 to 710.
(xv) Placer County APCD--Mountain Counties Air Basin Portion.
(A) New or amended Rules 404, 602, and 603.
(B) Deletion of Rules 604 and 605.
(C) Previously approved on May 18, 1981 and now deleted without
replacement Rules 404, 602, and 603.
(xvi) Sacramento County APCD.
(A) Amended Rule 71.
(B) Previously approved on January 26, 1982 and now deleted without
replacement Rule 71.
(xvii) Shasta County APCD.
(A) Amended Rule 3.4.
(xviii) Sierra County APCD. (A) New or amended Rules 207, 210, 211,
218 and 618.
(B) Previously approved on January 25, 1982 in paragraph
(c)(51)(xviii)(A) of this section and now deleted without replacement,
Rule 618.
(xix) Tehama County APCD.
(A) Amended Rule 2.1 and previously approved and now deleted Rule
2.9 (Action on Applications).
(xx) Ventura County APCD.
(A) New or amended Rules 6, 8, 9, 13, 24, 40, 63, 75, 102, 103, 110,
111, 112, 113, 114, 120, 121, 123, 124, 125, 126, 127, and 130.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Rules 40, 110 to 114, 120 to 121, 123 to 126, and 130.
(C) Previously approved on June 18, 1982 in paragraph (c)(51)(xx)(A)
of this section and now deleted without replacement, Rule 9.
(D) Previously approved on June 18, 1982 in paragraph (c)(51)(xx)(A)
of this section and now deleted without replacement Rules 8 and 127.
(52) Revised regulations for the following APCD's submitted October
15, 1979, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rule 302
(B) Rules 410.4, 410.5, and 414.2.
(C) Previously approved on August 21, 1981 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
414.2.
(D) Previously approved on August 21, 1981 in paragraph
(c)(52)(i)(A) of this section and now deleted without replacement within
the San Joaquin Valley Unified Air Pollution Control District area, Rule
414.2.
(ii) Imperial County APCD.
(A) Rules 415.1 and 424.
(B) New or amended Rules 101 L, 110, 201B, 301, 302, 304, 306, 401,
404, 406, 408, 410, 417 I, 418, 419, 422, Regulation VI, 701, 702, 703
(deletion), 705, and 706.
(C) Previously approved on January 27, 1981 in paragraph
(c)(52)(ii)(B) of this section and now deleted without replacement,
Rules 304 and 706.
(iii) [Reserved]
(iv) Kings County APCD.
(A) New or amended Rules 210.1 (except paragraphs (3)(D) and
(5)(B)(8)), 210.2, 410.1, 410.2, 410.3, 410.5, 412.1, 413, 414.1, and
414.2.
(B) New or amended Rules 111 (A), (B), and (D)-(I), 301, 302, and
401.
(C) New or amended Rules 111(c), and 519.
(D) Previously approved on October 9, 1981 and now deleted without
replacement Rule 302.
(E) Previously approved on June 18, 1982 and now deleted without
replacement Rule 519.
(F) Previously approved on December 9, 1981 in paragraph
(c)(52)(iv)(B) of this section and now deleted without replacement, Rule
301.
(G) Previously approved on May 7, 1982 in paragraph (c)(52)(iv)(A)
of this section and now deleted without replacement: Rule 414.2.
(v) Madera County APCD.
(A) New or amended Rules 210.2, 410.1, 410.3, 410.5, 411, and 412.
(B) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110,
115, 210.3, 301, 305, 402(a)-(e), 409, 410, 416, 417, 418, 501, 504,
511, 601, 602, 603, 606-611, and 612.
(C) New or amended Rules 111(c) 402(f) and 519.
(vi) Merced County APCD.
(A) New or amended Rules 210.1 (except paragraphs (3)(D) and
(5)(B)(8)), 210.2, 409.5, and 411.
(B) New or amended Rules 109 (A), (B), and (D)-(I).
(C) New or amended Rule 109(c).
(D) Previously approved on May 7, 1982 in paragraph (c)(52)(vii)(A)
of this
[[Page 402]]
section and now deleted without replacement: Rules 413.2 and 413.3.
(vii) San Joaquin County APCD.
(A) New or amended Rules 209.1 (except paragraphs (B)(3) and
(D)(2)(b)), 209.2, 409.3, 410, 411.1, 413, 413.1, 413.2, and 413.3.
(B) New or amended Rule 209.3.
(C) New or amended Rule 209.4.
(viii) Stanislaus County APCD.
(A) New or amended Rules 209.2 and 411.
(ix) Tulare County APCD.
(A) New or amended Rules 210.1 (except paragraphs (C)(4) and
(e)(2)(H)), 210.2 and 410.5.
(B) New or amended Rules 301 and 302.
(C) Previously approved on December 9, 1981 and now deleted without
replacement Rules 301 and 302.
(x) Lake County APCD.
(A) Amended Rule 433.
(xi) Amador County APCD.
(A) New or amended Rules 102, 103, 107, 203, 206B, 207, 209-211,
213, 215, 216, 301-313, 315-324, 401, 402, 404, 407, 409, Regulation VI,
700-704, 710, and 711.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rules 605, 700 to 704, and 710 to 711.
(C) Previously approved on May 18, 1981 in paragraph (c)(52)(xi)(A)
of this section and now deleted without replacement, Rules 103, 402, and
601 to 604.
(xii) Nevada County APCD.
(A) New or amended Rules 207, 210, 211, 218, 306, 307, and 404.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rule 404.
(xiii) Placer County APCD--Mountain Counties Air Basin Portion.
(A) New or amended Rules 101, 102, 104, 201, 202, 207, 210, 211,
220-222, 301-310, and 312-323.
(B) New or amended Rules 215 and 219.
(C) Rule 508 (except paragraph (c)(3)(h)).
(D) New or amended Rules 501B, 502, 504, 506, 512, and 513.
(E) Previously approved and now deleted, Rule 104.
(F) Previously approved on May 18, 1981 in paragraph
(c)(52)(xiii)(D) of this section and now deleted without replacement
Rules 504, 506, 512, and 513.
(G) Previously approved on July 7, 1982 in paragraph
(c)(52)(xiii)(C) of this section and now deleted without replacement:
Rule 508.
(xiv) Tuolumne County APCD.
(A) New or amended Rules 207, 210, 218, and 404.
(xv) Fresno County APCD.
(A) New or amended Rules 210.1 [except paragraphs (3)(D) and
(5)(B)(8)], 210.2, 409.5, 409, 409.3, 409.4, and 411.
(B) New or amended Rules 301, 302, and 305.
(C) Previously approved on December 9, 1981 and now deleted without
replacement Rule 305.
(D) Previously approved on December 9, 1981 in paragraph
(c)(52)(xv)(B) of this section and now deleted without replacement, Rule
302.
(xvi) Yuba County APCD.
(A) New or amended Rules 1, Section 1 (except Silviculture
Deletion), 1.1 (except PPM), 2.0-2.2, 2.4 except (a), 2.5-2.12, 2.15-
2.20, 2.22-2.24, 2.27, 2.30, Section 5 (Deletion), 5.0-5.3, 5.5-5.19,
6.1-6.7, 7, 7.1 and 8.1.
(B) New or amended Rules 2.3 and 2.4(a).
(C) Previously approved on January 26, 1982 in paragraph
(c)(52)(xvi)(A) of this section and now deleted without replacement,
Rules 7.0, 7.1, and 8.1.
(D) Previously approved on January 26, 1982 in paragraph
(c)(52)(xvi)(A) of this section and now deleted without replacement
Rules 5.0 to 5.3, 5.5 to 5.19, and 6.1 to 6.7.
(xvii) San Diego County APCD.
(A) New or amended Rule 67.7 and 67.2.
(xviii) Shasta County APCD.
(A) New or amended Rules 1.1, 1.2, 2.11, 2.12, and 3.2 (except rows
(vi) and (vii)).
(B) Amended Rule 2:5.
(xix) Yolo--Solano APCD.
(A) New or amended Rules 4.1-4.3.
(B) New or amended Rules 301, 302, and 305.
(C) Previously approved on January 26, 1982 and now deleted without
replacement Rule 4.3.
(xx) Sacramento County APCD.
(A) New or amended Rule 1.
(xxi) Siskiyou County APCD.
(A) New or amended Rules 2.14-2.16.
[[Page 403]]
(53) Revisions to air pollution emergency episode plans submitted on
February 14, 1980 by the Governor's designee.
(i) Bay Area Air Quality Management District Rules 100, 101, 300,
301, 302, 303, 304, 305, 400, 401, 402, 403, and 404.
(54) Revised regulations for the following APCD's submitted on
February 25, 1980, by the Governor's designee.
(i) Ventura County APCD.
(A) Rules 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, and
162.
(B) New or amended Rule 71.1.
(C) New or amended Rules 56, 80, 81, and deletion of Rules 17, 151,
163, and 164.
(ii) Monterey Bay Unified APCD.
(A) Rule 422 and deletion of Rule 508.
(B) Amended Rule 416.
(iii) San Luis Obispo County APCD.
(A) Rules 301, 302, 303, and 304.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rules 303 and 304.
(iv) Yolo--Solano APCD.
(A) Amended Rule 5.4.
(B) New or amended Rules 2.21, 2.21.1, 2.24 and 2.25.
(C) New or amended Rule 3.13.
(D) Previously approved on January 26, 1982 and now deleted without
replacement Rule 5.4.
(v) Sacramento County APCD.
(A) New or amended Rule 17.
(B) [Reserved]
(C) New or amended Rules 3.13, 3.4.1, and 3.4.2.
(vi) Sutter County APCD.
(A) New or amended Rules 1.4, 2.8.1 (Deletion), 2.17, and 2.82.
(B) Previously approved on January 26, 1982 in paragraph
(c)(54)(vi)(A) of this section and now deleted without replacement, Rule
1.4.
(vii) Yuba County APCD.
(A) Amended Rule 2.26.
(viii) Butte County APCD.
(A) New Rule 2-12.e.
(B) Amended Rules 4.5A and 4.5B.
(C) Previously approved on May 27, 1982 in paragraph (viii)(B) of
this section and now deleted Rules 4.5A and 4.5B.
(ix) Tehama County APCD.
(A) Amended Rules 2.5A and 2.5B.
(x) Colusa County APCD.
(A) New or amended Rules 2.7 A and B.
(xi) Glenn County APCD.
(A) New or amended Rules 51.1 and 51.2.
(xii) Shasta County APCD.
(A) New or amended Rules 1:2 (Best Available Control Technology,
Stationary Source and Precursor) and 2:1 A.
(55) The following material for Imperial County was submitted on
October 11, 1979 by the Governor's designee.
(i) Summary of Plan Compliance with Clean Air Act Requirements.
(ii) Imperial County plan to attain National Ambient Air Quality
Standards for oxidants, October 31, 1978.
(iii) SIP Revision--Imperial County ARB Staff Report, No. 79-4-2.
(iv) ARB resolution 79-9, February 21, 1979.
(v) Copies of Board hearing testimony.
(56) Revised regulations for the following APCDs submitted on March
17, 1980, by the Governor's designee.
(i) Imperial County APCD.
(A) Rules 207 [except Subparagraph C.4.], 208, and 209.
(B) Previously approved on November 10, 1980 in paragraph
(c)(56)(i)(A) of this section and now deleted with replacement in
paragraph (c)(490)(i)(A)(1) of this section: Rule 207 and Rule 209.
(ii) Ventura County APCD.
(A) Amended Rule 26.3.
(B) New or amended Rules 10, 25, and 27.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 25.
(D) Previously approved on June 18, 1982 in paragraph (c)(56)(ii)(B)
of this section and now deleted without replacement Rule 27.
(57) The North Central Coast Air Basin Strategy (Chapter 10 of the
comprehensive revisions to the State of California Implementation Plan
for the Attainment and Maintenance of Ambient Air Quality Standards)
submitted on September 12, 1979 by the Governor's designee.
(58) Revised regulations for the following APCDs submitted on
December 17, 1979 by the Governor's designee.
(i) Monterey Bay Unified APCD.
(A) Rules 418, 425 and 426.
(B) New or amended Rules 300, 405, and 601.
[[Page 404]]
(ii) South Coast AQMD.
(A) New or amended Rules 1107, 1108, 1108.1 and 1128.
(B) New or amended Rules 404, 442, 501.1, 502, 504.1(b), (c), and
(d), and 1124.
(C) Previously approved on September 28, 1981 and now deleted
without replacement Rule 501.1.
(iii) Great Basin Unified APCD.
(A) New or amended Rules 205, 210, 300A, and G, 403, 408, 419, and
617.
(B) New or amended Rules 203, 209-A and B, 212, and 213.
(C) Previously approved on June 18, 1982 in paragraph
(c)(51)(iii)(B) of this section and now deleted without replacement Rule
203.
(iv) Ventura County APCD.
(A) New or amended Rule 74.3.
(v) Butte County APCD.
(A) New or amended Rules 2.12a, 2.12b, 2.12c, and 2.12d.
(vi) Shasta County APCD.
(A) New or amended Rules 1.2, 3.14, and 3.15.
(vii) Yolo--Solano APCD.
(A) Amended Rules 2.8 and 6.6.
(viii) San Luis Obispo County APCD.
(A) New or amended Rule 407.
(ix) Modoc County APCD.
(A) New or amended Rule 2:8-e.
(59) Revised regulations for the following APCD submitted on March
4, 1980 by the Governor's designee.
(i) Monterey Bay Unified APCD.
(A) Rules 207 (except B.4.) and 208.
(B) New or amended Rules 205, 211, 212, 213, and 214.
(60) Chapter 4, California Air Quality Control Strategies, of the
California SIP, submitted on May 23, 1979, by the Governor's designee.
(61) Redesignation of AQCR's in California, submitted on September
11, 1978, by the Governor's designee.
(62) The San Diego Air Basin Control Strategy (Chapter 14 of the
Comprehensive Revisions to the State of California Implementation Plan
for the Attainment and Maintenance of Ambient Air Quality Standards)
submitted on July 5, 1979, by the Governor's designee, except the
inspection/maintenance portion. Additional documents were also submitted
as appendices. Those portions of the San Diego Air Basin Control
Strategy, including Appendices, identified by Table 14-1, ``Location of
Plan Elements Which Meet Clean Air Act Requirements'' (pages 6-7),
comprise the submitted nonattainment area plan, except the inspection/
maintenance portion. The remaining portions are for informational
purposes only.
(63) The following portions of the California Environmental Quality
Act submitted on October 20, 1980, by the Governor's designee: Sections
21000; 21001; 21002; 21002.1; 21061; 21063; 21065; 21080.1; 21080.4;
21080.5 (a), (b), (c) and (d); 21081; 21082; 21100; 21104; 21151; 21153;
21160.
(64) Revised regulations for the following APCD submitted on
February 13, 1980, by the Governor's designee.
(i) San Diego County APCD.
(A) Rules 20.1, 20.2, 20.3, 20.4, 20.5 and 20.6.
(B) Previously approved on April 14, 1981 in paragraph (c)(64)(i)(A)
of this section, and now deleted with replacement in paragraph
(c)(508)(i)(A) of this section, Rules 20.1, 20.2, 20.3, 20.4, and 20.6.
(65) The following amendments to the South Coast Air Basin Control
Plan were submitted on July 25, 1979, by the Governor's designee.
(i) The South Coast Air Basin Control Strategy (Chapter 18 of the
Comprehensive Revision to the State of California Implementation Plan
for the Attainment and Maintenance of Ambient Air Quality Standards).
Those portions of the South Coast Air Basin Control Strategy identified
by Table 18-1, ``Location of Plan Elements Which Meet Clean Air Act
Requirements,'' together with Rules 1115 and 1126, comprise the
submitted nonattainment area plan control strategy. The remaining
portions are for informational purposes only.
(ii) New or amended Rules 218, 431, 431.1-431.3, 1120, 1206-1208,
1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225-1230.
(iii) Previously approved on September 28, 1981 and now deleted
without replacement for implementation in the Antelope Valley Air
Pollution Control District Rules 1206, 1208, 1212, 1213, 1215, 1216,
1218, 1219, 1222, and 1225-1230.
(iv) Previously approved on September 28, 1981 in paragraph
(c)(65)(ii) of this section and now deleted without replacement Rules
1206, 1208, 1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225 to 1230.
[[Page 405]]
(v) Previously approved on September 28, 1981 in paragraph
(c)(65)(ii) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District
(Riverside County), Rules 1206, 1208, 1212, 1213, 1215, 1216, 1218,
1219, 1222, and 1225 to 1230.
(66) Revised regulations for the following APCD's, submitted on
February 7, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 461.
(B) Amended Rule 466.
(ii) Bay Area AQMD.
(A) Regulation 8: Rule 1, 2 (except paragraph 301), 4, 7, 8, 9, 10,
11, 13, 14, 15, 16, 18 and 19.
(67) Revised regulations for the following APCD's, submitted on
April 2, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 1122.
(B) New or amended Rules 107, 709(c), 1111, 1121 and 1140.
(ii) Bay Area AQMD.
(A) New or amended Regulation 9, Rules 9-4-100, 9-4-101, 9-4-200 to
9-4-203, 9-4-300, 9-4-301, 9-4-303, and 9-4-400 to 9-4-404.
(iii) Kern County APCD.
(A) New or amended Rules 412.1(b)-(f).
(B) New Rule 411.1.
(C) Previously approved on July 8, 1982 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
411.1.
(iv) Sacramento County APCD.
(A) New or amended Rules 7, 24, 25, 28, 30, and 53.
(B) New or amended Rules 120, 121, and 122.
(68) Revised regulations for the South Coast AQMD, submitted on
April 3, 1980, by the Governor's designee.
(i) New or amended Rules 1301, 1303, 1304, 1305, 1306, 1307, 1310,
1311, and 1313.
(ii) Previously approved on January 21, 1981 and now deleted without
replacement Rule 1311.
(69) Revised regulations for the South Coast AQMD submitted on April
23, 1980, by the Governor's designee.
(i) New or amended Rules 464, 465, 1123, and 1125.
(ii) New or amended Rules 301, 405, 431.2(c)(5), 701, 702 (a), (d),
(e), (f), (h) and (i), 703-706, 708.3(a), (b)(8)-(b)(10), 708.4(g) and
(h), 709(a), 710(a) and (b)(4), 711(a)(1), (a)(4), (b)(1) and (b)(4),
and 713-715.
(iii) New Rule 1103.
(iv) California Health and Safety Code, Sections 41950 to 41962,
94000 to 94004; and Stationary Source Test Methods--Volume 2:
Certification and Test Procedures for Gasoline Vapor Recovery Systems
submitted on April 23, 1980.
(v) Previously approved on July 8, 1982 in paragraph (c)(69)(iii) of
this section and now deleted without replacement for implementation in
the Antelope Valley Air Pollution Control District Rule 1103.
(70) Revised regulations for the following APCD's submitted on
August 15, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rules 1302 and 1308.
(B) New or amended Rule 1101.
(1) Previously approved on September 2, 1981 in paragraph
(c)(70)(i)(B) of this section and now deleted without replacement, for
the Antelope Valley area only, Antelope Valley Rule 1101, previously
South Coast Rule 1101. South Coast Rule 1101 remains in effect for the
South Coast area.
(C) New or amended Rules 702(b), 707, 708, 708.3 (a)(2) and (c),
708.4 (a) and (b), 709(e), 710 (b)(1)(D), (b)(2)(D), (b)(3)(B), and
(c)(3)(B), 711 (a)(1)(E), (a)(2)(D), (a)(3)(B), (a)(4)(F), (b)(3)(B),
and (b)(4)(f), and 1102.
(D) Amended Rule 401 (except subparagraph 401(b)).
(ii) San Diego County APCD.
(A) New or amended Rules 2 (z) and (aa), 40, and 10 (f) and (i).
(iii) Shasta County APCD.
(A) Amended Rule 3.3.
(iv) El Dorado County APCD (Mountain Counties and Lake Tahoe Air
Basin).
(A) New or amended Rules 601-613.
(B) Previously approved on May 27, 1982 in paragraph (c)(70)(iv)(A)
of this section and now deleted without replacement, Rules 601 to 613.
(71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16
of the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient
[[Page 406]]
Air Quality Standards) submitted on October 11, 1979, by the Governor's
designee. Those portions of the San Joaquin Valley Air Basin Control
Strategy identified by Tables 16-1a, 1b and 1c (Summary of Plan
Compliance with Clean Air Act Requirements) except for those portions
which pertain to Fresno County and the six transportation control
measures for Stanislaus County, comprise the submitted plan. The
remaining portions are for informational purposes only. The following
rules were also submitted on October 11, 1979 as part of the enforceable
plan:
(i) Kings County APCD.
(A) New or amended Rules 411 and 414.3.
(B) Previously approved on May 7, 1982 in paragraph (c)(71)(i)(A) of
this section and now deleted without replacement: Rule 414.3.
(ii) Madera County APCD.
(A) New or amended Rule 210.1 (except paragraphs (3)(D) and
(5)(B)(8)).
(iii) Merced County APCD.
(A) New or amended Rules 409.3 and 410.
(iv) Tulare County APCD.
(A) New or amended Rule 410.3.
(72) The San Francisco Bay Area Basin Control Strategy (Chapter 15
of the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards) including appendices, submitted on July 25, 1979, by the
Governor's designee.
(73) Revised regulations for the following APCD's submitted on
January 14, 1980, by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 2: Rule 1: 2-1-200, 2-1-300, 2-1-307, and 2-1-400,
Rule 2: 2-2-100, 2-2-200, 2-2-209, 2-2-210, 2-2-300, and 2-2-400; Rule
3: 2-3-100, 2-3-101, 2-3-200, 2-3-201, 2-3-300, 2-3-301, 2-3-302, 2-3-
401, 2-3-401.1 to 2-3-401.3, 2-3-402, 2-3-403, 2-3-404, and 2-3-405.
(B) New or amended Regulation 2, Rule 1: 2-1-100 to 2-1-102, 2-1-
111, 2-1-112, and 2-1-408.
(74) Revised regulations for the following APCD's submitted on
December 24, 1979, by the Governor's designee.
(i) Imperial County APCD.
(A) New or amended Rules 111, 413, 414, 416, 416 (deletion), and
517.
(B) Previously approved on January 27, 1981 and now deleted without
replacement Rule 517.
(ii) Santa Barbara County.
(A) Rule 316.
(iii) Ventura County APCD.
(A) New Rule 70 (except paragraph E).
(75) Revised regulations for the Kern County APCD, submitted on
January 8, 1980, by the Governor's designee.
(i) Rules 210.2, 410.3, 411, 414, 414.1, and 414.3.
(ii) New or amended Rule 424(F).
(iii) Previously approved on August 21, 1981 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
414.3.
(iv) Previously approved on August 21, 1981 in paragraph (c)(75)(i)
of this section and now deleted without replacement within the San
Joaquin Valley Unified Air Pollution Control District area, Rule 414.3.
(76) Revised regulations for the following APCD's, submitted on
April 15, 1980, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rule 210.1
(77) The following amendments to the plan were submitted on October
18, 1979, by the Governor.
(i) San Luis Obispo County APCD.
(A) New or amended Rules 415, 416, 420, and 422.
(ii) The South Central Coast Air Basin Control Strategy [Chapter 17
of the Comprehensive Revision to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards]. Those portions of the South Central Coast Air Basin Control
Strategy identified by Tables 17-1 and 17-2 ``Location of Plan Elements
Which Meet Clean Air Act Requirements'' together with the rules
identified below comprise the submitted nonattainment area plan. The
remaining portions are for informational purposes only.
(A) Santa Barbara County APCD Rules 320, 321, 323, 327, 329 to 332,
201.C and 205.C. (except subparagraph 5.b.8.).
(B) Ventura County APCD Rules 26 (except 26.2, 26.3 and 26.4), 74.4,
74.7, and 74.8.
(78) Revised regulations for the following APCD submitted on
November 19, 1979, by the Governor's designee.
(i) South Coast AQMD.
[[Page 407]]
(A) Deletion of Rules 67 and 72.
(ii) California Lead SIP.
(79) Revised regulations for the following APCD's submitted on June
2, 1980, by the Governor's designee.
(i) Monterey Bay Unified APCD.
(A) Rule 427.
(ii) Bay Area AQMD.
(A) New or amended Regulation 1, Rules 1-100 to 1-111, 1-114, 1-200
to 1-205, 1-207 to 217, 1-219 to 1-232, 1-400 to 1-402, 1-410 to 1-412,
1-420, 1-430 to 1-434, 1-440, 1-441, 1-500 to 1-502, 1-510, 1-521, 1-
530, 1-540, 1-541, 1-543, 1-544; Regulation 5, Rules 5-100, 5-101, 5-
110, 5-111, 5-200 to 5-207, 5-300, 5-301, 5-400 to 5-404; Regulation 6,
Rules 6-100, 6-101, 6-200 to 6-204, 6-300 to 6-304, 6-310, 6-312,6-320,
6-330, 6-400, 6-401, 6-500 to 6-502; Regulation 11, Rules 11-1-100 to
11-1-102, 11-1-300 to 11-1-303; Regulation 12, Rules 12-2-100, 12-2-101,
12-2-200, 12-2-201, 12-2-300, 12-2-301, 12-2-500, 12-2-501, 12-3-100,
12-3-101, 12-3-300, 12-3-301, 12-3-500, 12-3-501-12-4-100 to 12-4-102,
12-4-200 to 12-4-212, and 12-4-300 to 12-4-307.
(B) New or amended Regulation 1: 1-206, 1-520, 1-542, and 1-600 to
1-604; Regulation 6: 6-305, 6-311, 6-600, and 6-601; and Regulation 11:
11-1-500, 11-1-501, and 11-1-600 to 11-1-603.
(iii) Ventura County APCD.
(A) New or amended Rule 2.
(B) New or amended Rule 59.
(iv) South Coast AQMD.
(A) Deletion of Rule 471.
(B) New Rule 466.1.
(v) San Diego County APCD.
(A) New or amended Rules 1, 2 (a), (b), (t), (v), (u), (x), and (y),
14, 17, 67.0, and 67.1.
(B) Previously approved on September 28, 1981 in paragraph
(c)(79)(v)(A) of this section and now deleted without replacement Rule
14.
(vi) Shasta County APCD.
(A) New Rule 3.17.
(80) The following amendments to the plan were submitted on August
21, 1979 by the Governor's designee.
(i) Revised regulations for Placer County APCD--Lake Tahoe Air Basin
Portion.
(A) New or amended Rules 101-104, 201-204, 206-211, 215, 217, 301-
308, and 310-319.
(B) New Rule 507.
(C) New or amended Rules 502-506 and 511-513.
(D) Previously approved and now deleted, Rule 104.
(E) New or amended Rules 212, 213, 508 (except Paragraph
(1)(C)(3)(h), and 514.
(F) Previously approved on June 23, 1982 in paragraph (c)(80)(i)(C)
of this section and now deleted without replacement Rules 504, 506, and
511 to 513.
(G) Previously approved on June 23, 1982 in paragraph (c)(80)(i)(E)
of this section and now deleted without replacement: Rule 508.
(ii) Chapter 8, Lake Tahoe Basin Control Strategy, including Support
Documents and Appendices. The Transportation Improvement Program and
Regional Transportation Plan are for informational purposes only.
(81) Revised regulations for the following APCD, submitted on
February 11, 1980 by the Governor's designee.
(i) El Dorado County APCD--Lake Tahoe Air Basin Portion.
(A) New or amended Rules 507, 511-515, and 519-528.
(B) New or amended Rules 501 to 506, 508 to 510, and 516 to 518.
(C) Previously approved on May 18, 1981 in paragraph (c)(81)(i)(A)
of this section and now deleted without replacement Rules 512, 514, 519,
and 520 to 524.
(82) [Reserved]
(i) Ventura County APCD.
(A) New or amended Rule 74.6.
(83)(i)(A) [Reserved]
(B) New Rules 22, 23, and 27.
(C) New or amended Regulation 8: Rule 21.
(ii) Kings County APCD.
(A) New or amended Rule 414.
(iii) [Reserved]
(A) Rule 410.
(B) New or amended Rules 411.1 and 416.1.
(84) Revised regulations for the following APCDs submitted on
October 10, 1980, by the Governor's designee.
(i) Madera County APCD.
(A) New or amended Rule 410.4.
(ii) Merced County APCD.
(A) New or amended Rule 409.4.
(iii) Kings County APCD.
(A) New or amended Rule 410.4.
(iv) San Joaquin County APCD.
(A) New or amended Rule 409.4.
(v) Stanislaus County APCD.
(A) New or amended Rule 409.4.
(vi) Tulare County APCD.
[[Page 408]]
(A) New or amended Rule 410.4.
(vii) Modoc County APCD.
(A) Amended Rule 3:12.
(85) Revised regulations for the following APCDs submitted on
December 15, 1980, by the Governor's designee.
(i) Tulare County APCD.
(A) New or amended Rule 412.
(B) New or amended Rule 412.1.
(C) New or amended Rules 201 and 417.1.
(ii) Madera County APCD.
(A) New or amended Rule 412.1
(B) New or amended Rules 201, 202, 301, and 417.1.
(iii) Sacramento County APCD.
(A) New or amended Rule 13.
(iv) San Diego County APCD.
(A) New or amended Rules 61.0, 61.0 (n) and (o), 61.1, 61.1(a)(1)
(i) and (h), 61.2, 61.2(a), 61.3 and 61.4
(v) San Bernardino County APCD, Southeast Desert Air Basin portion.
(A) New or amended Rules 461 and 462.
(vi) Tehama County APCD.
(A) New or amended Rules 1.2, 1.3, 2.7, 2.8, 2.9, 3.1, 3.2, 3.3-
3.14, 4.1, 4.2, 4.6, and 4.7.
(B) Previously approved and now deleted Rule 2.8 (Further
Information).
(C) Previously approved on April 12, 1982 in paragraph
(c)(85)(vi)(A) of this section and now deleted without replacement,
Rules 1.3 and 2.9.
(D) Previously approved on April 12, 1982 in paragraph
(c)(85)(vi)(A) of this section and now deleted without replacement Rules
2.7 and 2.8.
(vii) Santa Barbara County APCD.
(A) New or amended Rule 210.
(B) Previously approved on June 18, 1982 in paragraph
(c)(85)(vii)(A) of this section and now deleted without replacement,
Rule 210.
(viii) South Coast AQMD.
(A) New Rule 1130.
(ix) Kings County APCD.
(A) New or amended Rule 417.1.
(x) Kern County APCD.
(A) New or Amended Rules 110 and 417.1.
(B) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A)
of this section and now deleted without replacement, Rule 110.
(C) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A)
of this section and now deleted without replacement for implementation
in Kern County, Southeast Desert Air Basin Rule 110.
(86) Revised regulations for the following APCD's submitted on July
10, 1980 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 8: Rule 2 (Paragraph 301).
(B) New Rules 17 (paragraphs 112, 302, 400, and 401) and 26.
(C) New or amended Regulations, Rules 1-206, 1-218, 6-311, 9-1-100,
9-1-101, 9-1-110 9-1-200 to 9-1-204, 9-1-300 to 9-1-308, 9-1-310, 9-1-
311, 9-1-400 to 9-1-404, 9-1-500 to 9-1-502, and 9-4-302.
(D) New or amended Rule 1-541 and Regulation 9, Rules 9-1-600 to 9-
1-605.
(ii) Butte County APCD.
(A) Amended Rule 4.9.
(B) Previously approved on May 27, 1982 in paragraph (ii)(A) of this
section and now deleted Rule 4.9.
(87) Revised regulations for the following APCD's submitted on
September 5, 1980 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 8: Rule 5, Rule 6, and Rule 12.
(B) New Rules 25 and 28 (except section 401).
(ii) San Diego County APCD.
(A) New or amended Rule 19.
(iii) San Joaquin County APCD.
(A) New or amended Rule 411.2.
(B) New or amended Rules 202 and 416.1.
(iv) San Bernardino County APCD, Southeast Desert Air Basin portion.
(A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307,
1308, 1310, 1311, and 1313.
(v) Los Angeles County APCD, Southeast Desert Air Basin portion.
(A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307,
1308, 1310, 1311, and 1313.
(vi) Sacramento County APCD.
(A) New or amended Rules 74, 90, 92, 93, 94, 95, 96, 98, and
Regulation VII.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Rule 74.
(vii) Ventura County APCD.
(A) New or amended Rules 2 and 55.
(viii) Shasta County APCD.
(A) New Rule 2:6.
[[Page 409]]
(88) Revised regulations for the following APCDs submitted on July
25, 1980, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 209.1 (except paragraphs (3)(E) and
(5)(B)(8)).
(B) New or amended Rules 103 and 305.
(C) New or amended Rules 202 and 416.1.
(D) Previously approved on December 9, 1981 and now deleted without
replacement Rule 305.
(ii) Bay Area AQMD.
(A) New or amended Regulation 3, Rules 3-100 to 3-103, 3-200 to 3-
206, 3-208 to 3-211, 3-300 to 3-311, and 3-400 to 3-408.
(iii) South Coast AQMD.
(A) New or amended Rule 1119.
(B) Amended Rule 462.
(C) In Resolution 11-04 dated January 18, 2011, Antelope Valley Air
Quality Management District certified that no sources which would be
subject to Rule 1119, ``Petroleum Coke Calcining Operations,'' exist in
the AVAQMD. Therefore, Rule 1119 has been rescinded and is removed from
the SIP.
(D) Previously approved on July 8, 1982 in paragraph (c)(88)(iii)(B)
of this section, and now deleted with replacement in the Antelope Valley
Air Quality Management District in paragraph (c)(516)(i)(A)(1) of this
section, Rule 462.
(iv) [Reserved]
(v) Merced County APCD.
(A) New or amended Rule 411.1.
(B) New or amended Rules 202 and 416.1.
(89) Revised regulations for the following APCDs submitted on March
30, 1981, by the Governor's designee.
(i) Kings County APCD.
(A) New or amended Rule 411.
(ii) Yolo-Solano County APCD.
(A) New or amended Rule 2.13(h)(6).
(iii) Yuba County APCD.
(A) Amended Rules 3.8, 3.12, and 3.15.
(B) New or amended rules 1.3, 3.0-3.7, 3.9, 3.10, 3.13, 4.0-4.5, 4.7
to 4.10, 4.12, 5.4, 6.0, 8.0, 8.2, 9.0-9.5, 9.7, and 9.8.
(C) Previously approved on April 12, 1982 in paragraph
(c)(89)(iii)(B) of this section and now deleted without replacement,
Rules 8.0, 8.2 and 9.0 to 9.4.
(D) Previously approved on April 12, 1982 in paragraph
(c)(89)(iii)(B) of this section and now deleted without replacement
Rules 4.7, 4.8, 4.9, 4.10, 5.4, and 6.0.
(E) Previously approved on May 3, 1982, in paragraph (c)(89)(iii)(A)
of this section and now deleted with replacement in paragraph
(c)(457)(i)(A)(5) by Feather River Air Quality Management District Rule
3.15, ``Architectural Coatings.''
(iv) Imperial County APCD.
(A) New Rule 418.1.
(v) Monterey Bay Unified APCD.
(A) New Rule 425.
(vi) Lake County APCD.
(A) New or amended Sections 101, 227.4, 301, 1602, and Table VI.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rule 301 and Table VI.
(vii) South Coast AQMD.
(A) Amended Rule 1102.1.
(90) The following amendments to the plan were submitted on December
31, 1979, by the Governor's designee.
(i) Chapter 22--Air Quality Monitoring by State and Local Air
Monitoring Stations (SLAMS).
(91) The following amendments to the plan were submitted on November
13, 1979, by the Governor's designee.
(i) The Sacramento Valley Air Basin Control Strategy (Chapter 13 of
the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards): those portions pertaining to the Sacramento Metropolitan
Area including the following rules:
(A) Placer County APCD (Mountain Counties Air Basin portion) Rules
212, 217, and 218.
(B) Sacramento County APCD Rules 6, 11, 12, 16, 19, and 56 (except
paragraph (5)(a)(8)).
(C) Yolo-Solano County APCD Rules 2.14 and 3.4 [except paragraph
(5)(a)(8)].
(ii) The Sacramento Valley Air Basin Control Strategy [Chapter 13 of
the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards]: those portions pertaining to Butte, Yuba, and Sutter
Counties, including the following rules:
(A) Butte County APCD Rules 2.12f and 4-5.
[[Page 410]]
(92) Revised regulations for the following APCDs submitted on May
28, 1981, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 409.5.
(ii) Placer County (Mountain Counties Air Basin portion).
(A) New or amended Rules 213, 216, and 223.
(B) New or amended Rules 102, 203, 211, 301, 305, 306, 324, 325,
601, and 702.
(C) Rule 214.
(D) Previously approved and now deleted without replacement Rules
601 and 702.
(iii) Lake County APCD.
(A) New Rule 216.1.
(iv) Great Basin Unified APCD.
(A) New or amended Rules 101, 300, 404-A, 423, and 424.
(B) Previously approved on April 13, 1982 in paragraph
(c)(92)(iv)(A) of this section and now deleted without replacement, Rule
300.
(v) San Diego County APCD.
(A) New or amended Rules 127, 130, 131, 132, and 134.
(B) New or amended Rule 21.
(vi) South Coast AQMD.
(A) New or amended Rule 1113.
(93) Revised regulations for the following APCDs submitted on June
22, 1981, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 409.3.
(B) New or amended Rule 409.8.
(ii)(A) [Reserved]
(B) New Rule 28, Section 401.
(C) New or amended Regulation 5, Rule 5-401.3.
(iii) Plumas County APCD.
(A) New or amended Rules 203, 301-319, 512-516, 703, and 710.
(B) New or amended Rules 501-511 and 517-521.
(C) Previously approved on June 18, 1982 in paragraph
(c)(93)(iii)(B) of this section and now deleted without replacement,
Rule 509.
(D) Previously approved on June 18, 1982 in paragraph
(c)(93)(iii)(B) of this section and now deleted without replacement
Rules 503, 504, 506, and 518 to 521.
(E) Previously approved on June 18, 1982 in paragraph
(c)(93)(iii)(B) of this section and now deleted without replacement
Rules 507 and 508.
(iv) Sierra County APCD.
(A) New or amended Rules 203, 301-319, 512-516, 522, 523, 703, and
710.
(B) New or amended Rules 501-511 and 517-521.
(C) Previously approved on April 23, 1982 and now deleted without
replacement Rule 522.
(D) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B)
of this section and now deleted without replacement, Rule 509.
(E) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B)
of this section and now deleted without replacement Rules 503, 504, 506,
and 518 to 521.
(F) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B)
of this section and now deleted without replacement Rules 507 and 508.
(v) Kern County APCD.
(A) New or amended Rule 410.6.
(vi) El Dorado County APCD (Mountain Counties Air Basin Portion).
(A) Rules 318, 319, and 320.
(94) Revised regulations for the following APCD's submitted on
October 7, 1980, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 411.1.
(ii) [Reserved]
(iii) San Bernardino County APCD.
(A) New or amended Rules 701, 704, 705, 707-711, and 712. Previously
approved Rule 707, ``Plans'', submitted on June 6, 1977 is retained.
(95) Revised regulations for the following APCD's submitted on March
23, 1981, by the Governor's designee.
(i) Kern County APCD.
(A) New or amended Rule 412.1(a).
(B) Amended Rule 412.1.
(C) New or amended Rules 202, 202.1, and 426.
(ii) Ventura County APCD.
(A) Amended Rule 26.2.
(B) New or amended Rules 21, 29, 30, and 64.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 21.
(iii) Northern Sonoma County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
and 320.
(iv) South Coast AQMD.
(A) Amended Rule 461.
(v) Stanislaus County APCD.
(A) New Rule 409.7.
(B) New or amended Rule 301.
[[Page 411]]
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 301.
(vi) Humboldt County APCD.
(A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
(B) Previously approved on June 18, 1982 in paragraph (c)(95)(vi)(A)
of this section now deleted without replacement for implementation in
the North Coast Unified Air Quality Management District, Rule 250.
(96) Revised regulations for the following APCDs submitted on
November 3, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 1113.
(ii) Butte County APCD.
(A) New or amended Rules 1-8, 1-8.1, 1-10, 1-13, 1-14, 3-1, 3-2, 3-
6, 3-11, 3-11.2, 3-11.3, 3-12, 3-12.1, 3-12.2, 3-14, 3-15, 3-16, and 3-
16.1.
(iii) Glenn County APCD.
(A) New or amended Rules 2 (a,i,v, and aa), 3, 11, 11.1, 11.2, 13,
13.1, 14, 14.1, 14.2, 14.3, 15, 16, 19, 21, 21.1, 22, 75, 81, 83, 83.1,
83.2, 96, 110, and 112.
(B) Previously approved on January 26, 1982 and now deleted without
replacement Rules 110 and 112.
(C) Previously approved on January 26, 1982 in paragraph
(c)(96)(iii)(A) of this section and now deleted without replacement,
Rule 3.
(D) Previously approved on January 26, 1982 in paragraph
(c)(96)(iii)(A) of this section and now deleted without replacement Rule
96.
(iv) Yolo-Solano APCD.
(A) New or amended Rules 1.2 (a and g), 6.1 and 6.3.
(v) Bay Area AQMD.
(A) New Rule 20.
(97) Revised regulations for the following APCDs submitted on June
24, 1980, by the Governor's designee.
(i) Sacramento County APCD.
(A) New or amended Rule 18.
(98) Revised regulations for the following APCDs, submitted on
January 28, 1981, by the Governor's designee.
(i) Sutter County APCD.
(A) Amended Rules 3.8, 3.14, and 3.15.
(B) New or amended Rules 1.0-1.3, 2.1-2.12, 2.15, 2.16, 3.0-3.7,
3.9, 3.10, 3.12, 3.13, 4.0-4.5, 4.7-4.10, 4.12-4.15, 5.0-5.19, 6.0-6.7,
7.0, 7.1, 7.2, 8.0, 8.1, 8.2, 9.0-9.7, and 9.8.
(C) Previously approved and now deleted Rules 2.1 (Control of
Emissions), 2.7 (Wet Plumes), 2.15 (Fuel Burning Equipment), 2.20
(Payment of Order Charging Costs), 3.7 (Information), 4.5 (Standards for
Granting Applications), 4.6 (Permits, Daily Limits, and 4.8 (Permit
Forms).
(D) Previously approved on April 12, 1982 and now deleted without
replacement Rules 5.0 to 5.17, 5.19, 6.0 to 6.7, and 7.0 to 7.2.
(E) Previously approved on April 12, 1982 in paragraph (c)(98)(i)(B)
of this section and now deleted without replacement, Rules 8.0 to 8.2
and 9.0 and 9.4.
(F) Previously approved on April 12, 1982 in paragraph (c)(98)(i)(B)
of this section and now deleted without replacement Rules 4.7, 4.9,
4.10, 5.18, 9.7, and 9.8.
(G) Previously approved on May 3, 1982, in paragraph (c)(98)(i)(A)
of this section and now deleted with replacement in paragraph
(c)(457)(i)(A)(5) by Feather River Air Quality Management District Rule
3.15, ``Architectural Coatings.''
(ii) Siskiyou County APCD.
(A) New or amended agricultural burning regulations consisting of
``General Provisions'' and Articles I-VII.
(iii) Mendocino County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(iv) Del Norte County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(v) Humboldt County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(vi) Trinity County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(vii) El Dorado County APCD.
(A) New Rule 313.
(B) Rules 313, 314, 315, 316, and 317.
(viii) Ventura County APCD.
(A) New Rule 71.2.
(ix) Bay Area AQMD.
(A) New or amended Rules 1-112, 1-113, 1-115 and Regulation 9, Rule
9-3-202.
(x) South Coast AQMD.
(A) New or amended Rule 1115.
[[Page 412]]
(xi) San Diego County APCD.
(99) Commitments by the Bay Area AQMD, Fresno County APCD, Kern
County APCD, Monterey Bay Unified APCD, Sacramento County APCD, San
Diego County APCD, Santa Barbara County APCD, South Coast AQMD, and
Ventura County APCD to carry out public notification programs as
required by section 127 of the Clean Air Act and in accordance with EPA
guidance. These commitments were submitted by the Air Resources Board on
January 22, 1981.
(100) Revised regulations for the following APCDs submitted on
October 25, 1979, by the Governor's designee.
(i) San Diego County APCD.
(A) New or amended Rules 67.3 and 67.5.
(101) Revised regulations for the following APCD's submitted on July
30, 1981 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 8, Rule 1 (Paragraph 202) and Rule 16 (paragraph
110).
(B) New or amended Regulation 2, Rule 2-2-114; Regulation 5, Rule 5-
401.13; and Manual of Procedures--Volume I to Volume VI.
(C) New or amended Regulation 8, Rule 24.
(ii) Kern County APCD.
(A) New or amended Rules 603, 609, 610, 611, and 613.
(B) New or amended Rules 108, 201, 301, 302, and 305.
(C) New or amended Rules 414 and 410.3.
(D) New or amended Rules 410.7, 412, and 414.4.
(E) Previously approved on July 6, 1982 and now deleted without
replacement Rule 305 (including Southeast Desert).
(F) Previously approved on October 11, 1983 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
414.4.
(G) Previously approved on July 6, 1982 in paragraph (c)(101)(ii)(B)
of this section and now deleted without replacement, Rules 301 and 302
(including Southeast Desert).
(102) Revised rules for the following APCDs submitted on July 14,
1981 by the Governor's designee.
(i) San Joaquin County.
(A) New Rules 409.5 and 409.6.
(ii) Stanislaus County.
(A) New Rule 409.6.
(B) New or amended Rules 409.7 and 409.8.
(iii) Merced County APCD.
(A) New or amended Rules 409.6.
(iv) South Coast AQMD.
(A) New or amended Rule 301.
(103) Revised rules for the following APCDs, submitted on October
23, 1981 by the Governor's designee.
(i) Kings County.
(A) Amended Rule 412.2.
(ii) San Diego County APCD.
(A) New or amended Rule 67.4 and 67.6.
(B) New or amended Rules 42, 64, 101-103, and 109.
(C) New Rule 67.8.
(D) Previously approved on July 6, 1982 and now deleted without
replacement Rule 42.
(E) Previously approved on July 6, 1982 in paragraph (c)(103)(ii)(B)
of this section and now deleted Rule 109 (now replaced by Rule 101).
(iii) Santa Barbara County APCD.
(A) Rule 325.
(B) New or amended Rules 601-608 and 609.
(C) Previously approved and now deleted Rules 609 (Scientific
Committee) and 610 (Emergency Action Committee).
(iv) Ventura County APCD.
(A) Amended Rule 70(E).
(B) New or amended Rules 2, 12, 16, 23, 41, 42, and 74.2.
(C) New Rule 74.5.
(D) Amended Rule 74.9.
(E) Previously approved on June 18, 1982 and now deleted without
replacement Rule 42.
(v) Sacramento County APCD.
(A) Amended Rule 20.
(B) New or amended Rules 50, 70, and 14.
(C) New Rules 4A, 4B, 10 and 51.
(vi) Del Norte County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(vii) Humboldt County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(viii) Mendocino County APCD.
[[Page 413]]
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(ix) Northern Sonoma County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(x) Trinity County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(xi) Great Basin Unified APCD.
(A) Amended Rule 301.
(B) Previously approved on April 13, 1982 in paragraph
(c)(103)(xi)(A) of this section and now deleted without replacement,
Rule 301.
(xii) San Luis Obispo County APCD.
(A) New or amended Rules 301, 302, and 411.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Rule 301.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 301.
(xiii) El Dorado County APCD (Mountain Counties Air Basin).
(A) New or amended Rules 301-319, 501, 703, and 710.
(B) Previously approved on May 27, 1982 and now deleted without
replacement rule 501.
(C) Previously approved on May 27, 1982 in paragraph
(c)(103)(xiii)(A) of this section and now deleted without replacement,
Rules 318 and 319.
(D) Previously approved on May 27, 1982 in paragraph
(c)(103)(xiii)(A) of this section and now deleted without replacement
Rule 710.
(xiv) Imperial County APCD.
(A) New or amended Rules 101, 301, 302, 305-307.
(B) Previously approved on May 27, 1982 and now deleted without
replacement Rule 305.
(C) Previously approved on May 27, 1982 in paragraph
(c)(103)(xiv)(A) of this section and now deleted without replacement,
Rules 301, 302, 306, and 307.
(xv) Shasta County APCD.
(A) Amended Rule 2:11.
(xvi) Monterey Bay Unified APCD.
(A) Amended Rules 301, 601, and 602.
(xvii) Tuolumne County APCD.
(A) New or amended Rules 203, 301-319, 501-521, 703, and 710.
(B) Previously approved on May 27, 1982 and now deleted without
replacement Rule 516.
(C) Previously approved on May 27, 1982 in paragraph
(c)(103)(xvii)(A) of this section and now deleted without replacement,
Rule 509.
(D) Previously approved on May 27, 1982 in paragraph
(c)(103)(xvii)(A) of this section and now deleted without replacement
Rules 503, 504, 506, and 518 to 521.
(xviii) South Coast AQMD.
(A) New or amended Rules 504.1, 218, 219, 220, 409, and 502.
(B) Previously approved on July 6, 1982 and now deleted without
replacement Rule 504.1.
(104) Revised regulations for the following APCD's submitted on
November 5, 1981 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 2, Rule 1: 2-1-101, 2-1-102, 2-1-111, 2-1-112, 2-1-
201 to 2-1-205, 2-1-301 to 2-1-306, 2-1-401 to 2-1-410, and 2-1-420 to
2-1-423; Rule 2: 2-2-101 to 2-2-114, 2-2-201 to 2-2-208, 2-2-301 to 2-2-
306, 2-2-310, and 2-2-401 to 2-2-410.
(ii) South Coast AQMD.
(A) New or amended Rule 444.
(iii) Fresno County APCD.
(A) New or amended Rule 409.6.
(105) Schedule to study Nontraditional Total Suspended Particulate
Sources and commitment to implement control measures necessary to
provide for attainment, submitted on November 18, 1981 by the Governor's
designee.
(106) The Southeast Desert Air Basin Control Strategy for ozone
(Chapter 19 of the Comprehensive Revisions to the State of California
Implementation Plan for the Attainment and Maintenance of the Ambient
Air Quality Standards) was submitted by the Governor's designee on
February 15, 1980. The portions of the Southeast Desert Air Basin
Control Strategy identified in Table 19-1 (Summary of Plan Compliance
with Clean Air Act Requirements), except those which pertain to Imperial
County, comprise the plan. The remaining portions are for informational
purposes only.
(107) On August 11, 1980, the Governor's designee submitted a
revision
[[Page 414]]
to the State Implementation Plan which adds the Southeast Desert Air
Basin portion of Riverside County into the South Coast Air Quality
Management District.
(108) On November 28, 1980, the Governor's designee submitted a
revision to the State Implementation Plan which deletes Rule 67, for the
San Bernardino County APCD as applied to new sources.
(109) Three items submitted for Fresno County and the Sacramento
Metropolitan Area by the Governor's designee on October 9, 1980:
(i) Air Quality Planning Addendum-Council of Fresno County
Governments 1979-84 Overall Work Program.
(ii) Emission Inventory, 1976 for the Sacramento Metropolitan Area.
(iii) Air Quality Plan Technical Appendix, January 1979 for the
Sacramento Metropolitan Area.
(110) Five items submitted for Ventura County by the Governor's
designee on April 1, 1980:
(i) Appendix B-81, Empirical Kinetic Modeling Approach: Ozone
Formation, Transport, and Concentration Relationships in Ventura County;
Update of Emission Reduction Required for Attainment of Ozone NAAQS.
(ii) Letter: Jan Bush to Mike Redemer, January 23, 1981.
(iii) Letter and enclosures: Janet Lyders to Mike Scheible, February
6, 1981.
(iv) Letter and enclosures: Jan Bush to William Lockett, December
15, 1980.
(v) Letter and enclosures: Jan Bush to William Lockett, October 23,
1980.
(111) Four items submitted for Ventura County by the Governor's
designee on July 16, 1981:
(i) Attachment V--Transportation Control Measures.
(ii) Ventura Air Quality Management Plan, Appendix O, Plan for
Attainment of Standards for Total Suspended Particulates In Ventura
County: Interim Report, July, 1980.
(iii) Attachment IV--Population Forecasts.
(iv) Attachment VI--Implementation of Emission Reductions Required
for Attainment of TSP Standards.
(112) Plan for Attainment of the Federal Secondary Total Suspended
Particulate Standard in Santa Clara County, an addendum to the San
Francisco Bay Area Air Basin Control Strategy (Chapter 15) submitted on
March 16, 1981, by the Governor's designee.
(113) Supplemental material for the San Diego Nonattainment Area
Plan submitted on July 13, 1981, by the Governor's designee.
(114) Supplemental material for the San Diego Nonattainment Area
Plan submitted on August 31, 1981, by the Governor's designee.
(115) Supplemental material for the San Diego Nonattainment Area
Plan submitted on December 8, 1981, by the Governor's designee.
(116) Supplemental material for the South Coast Nonattainment Area
Plan submitted on July 24, 1981, by the Governor's designee.
(117) Supplemental material for the South Coast Nonattainment Area
Plan submitted on December 24, 1981, by the Governor's designee.
(118) Supplemental material for the South Coast Nonattainment Area
Plan submitted on February 18, 1982, by the Governor's designee.
(119) Revised regulations for the following APCDs submitted on April
17, 1980, by the Governor's designee.
(i) El Dorado County APCD (Mountain Counties Air Basin).
(A) New or amended Rules 502-520.
(B) Rule 102.
(C) Previously approved on May 27, 1982 and now deleted without
replacement Rules 502 to 508, 510 to 513, 515, 517 to 519, and 521.
(D) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A)
of this section and now deleted without replacement, Rule 509.
(E) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A)
of this section and now deleted without replacement Rule 520.
(ii) Mendocino County APCD.
(A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
(B) Previously approved on June 18, 1982 in paragraph
(c)(119)(ii)(A) of this section and now deleted without replacement Rule
250.
(C) Previously approved on June 18, 1982 in paragraph
(c)(119)(ii)(A) of this section and now deleted with replacement in
paragraph (c)(489)(i)(A)(4) of this section, Rule 230.
[[Page 415]]
(120) The Mountain Counties Air Basin Control Strategy for ozone
(Chapter 9 of the ``Comprehensive Revisions to the State of California
Implementation Plan for the Attainment and Maintenance of the Ambient
Air Quality Standards'' was submitted by the Governor's designee on
April 3, 1981. The submittal also included revised regulations for the
following APCD's.
(i) El Dorado County APCD (Mountain Counties Air Basin portion).
(A) Rules 401, 402, 403, 404, 405, 406, 407, 410, 411, 415, 416,
418, 419, 420, 421, 422, 423, 424, and 425.
(B) Previously approved on July 7, 1982 and now deleted without
replacement Rules 401 to 407, 410 to 411, 415 to 416, and 418 to 424.
(C) Previously approved on July 7, 1982 in paragraph (c)(120)(i)(A)
of this section and now deleted without replacement Rule 425.
(121) Revised regulations for the following APCDs submitted on March
1, 1982 by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 474.
(B) Amended Rules 107, 1107, 1108.1, 1125 and 1126.
(C) Amended Rule 1110.
(D) Previously approved on October 11, 1983 and now deleted without
replacement Rule 107.
(E) Previously approved on May 3, 1984 in paragraph (c)(121)(i)(C)
of this section and now deleted without replacement for implementation
in the South Coast Air Quality Management District, Rule 1110.
(F) Previously approved on May 3, 1984 in paragraph (c)(121)(i)(C)
of this section and now deleted without replacement for implementation
in the Antelope Valley Air Quality Management District, Rule 1110.
(ii) San Diego County APCD.
(A) New or amended Rules 62 and 53.
(B) Amended Rule 67.6(e).
(C) Amended Rule 17, adopted on November 25, 1981.
(iii) Lake County APCD.
(A) New or amended Rule 655.
(iv) Bay Area AQMD.
(A) Amended Regulation 8, Rules 2-112 and 5-313.4.
(v) Ventura County APCD.
(A) Amended Rule 74.6.
(122) [Reserved]
(123) Supplemental material for the Kern County Nonattainment Area
Plan submitted on March 4, 1982, by the Governor's designee.
(124) Revised regulations for the following APCDs submitted on
August 6, 1982, by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Regulation 1: Rules 1-100, 1-112, 1-205, 1-233,
1-234, 1-235, 1-520, 1-522, 1-530, 1-540, 1-543, 1-544, and 1-602;
Regulations 4: Rule 4-303; Regulation 5: Rules 5-208 and 5-402; and
deletion of Regulation 6: Rule 6-132.
(B) [Reserved]
(C) Amended Regulation 8, Rules 2, 4, 5, 8 and 10.
(D) New or amended Regulation 2: Rules 2-1-207, 2-1-208, 2-1-301, 2-
1-304, and 2-1-307.
(E) Amended Regulation 8, Rule 23.
(ii) Lake County APCD.
(A) New or amended Rules 630, 631, 660.1, 660.2, and 660.3.
(B) Previously approved on November 10, 1982 in paragraph
(c)(124)(ii)(A) of this section and now deleted without replacement,
Rules 660.1, 660.2, and 660.3.
(C) Previously approved on November 10, 1982 in paragraph
(c)(124)(ii)(A) of this section and now deleted without replacement
Rules 631 and 660.1 to 660.3.
(iii) San Joaquin County APCD.
(A) New or amended Rules 203, 415, 503, and 521.
(B) Previously approved on November 10, 1982 and now deleted without
replacement Rules 503 and 521.
(iv) South Coast AQMD.
(A) New or amended Rule 407.
(B) Amended Rule 1107.
(C) [Reserved]
(v) Stanislaus County APCD.
(A) New or amended Rules 203 and 503.
(B) New or amended Rules 409.4 and 409.8.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rule 503.
(vi) Del Norte County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rule 230, adopted December 14, 1981.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
[[Page 416]]
(vii) Humboldt County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rule 230, adopted December 8, 1981.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(D) Previously approved on November 10, 1982 in paragraph
(c)(124)(vii)(A) of this section and now deleted without replacement
Rule 620.
(viii) Mendocino County APCD.
(A) New or amended Rules 610, 616, 618, and 620.
(B) New or amended Rules 130 (introductory text, b1, m1, p5, and
s2), and 230, adopted January 5, 1982.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(ix) Northern Sonoma County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rules 130 (introductory text, b1, n1, p5, and
s2), 220(c), 230, and 260, adopted February 23, 1982 and rule 200,
adopted June 15, 1982.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(D) Previously approved on July 31, 1985 in paragraph
(c)(124)(ix)(B) of this section and now deleted without replacement,
Rule 130 (introductory text, b.1, n1, p5, and s2), and now deleted with
replacement in paragraphs (c)(480)(i)(A)(3) and (4), Rules 220(c) and
230.
(x) Trinity County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rule 230, adopted December 7, 1981.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(xi) Kern County APCD.
(A) New or amended Rule 411.
(xii) Butte County APCD.
(A) New or amended Rules 4-6 and 4-6A.
(B) Previously approved on June 1, 1983 in paragraph (xii)(A) of
this section and now deleted Rules 4-6 and 4-6A.
(125) Revised Regulations for the following APCDs submitted on May
20, 1982 by the Governor's designee.
(i) San Diego County APCD.
(A) New or amended Rule 40.
(ii) South Coast AQMD.
(A) New or amended Rule 431.1.
(B) New or amended Rules 303 and 304.
(C) [Reserved]
(D) Amended Rules 442, 467 and 1128.
(iii) Monterey Bay Unified APCD.
(A) New or amended Rule 422.
(B) New Rule 428.
(iv) Shasta County APCD.
(A) New or amended Rules 2:6, 2:7, 2:8, 2:9, 2:11 and 4:4.
(B) Previously approved on November 10, 1982 and now deleted without
replacement Rule 4.4.
(C) Previously approved on November 10, 1982 in paragraph
(c)(125)(iv)(A) of this section and now deleted without replacement,
Rule 2:11.
(v) Tulare County APCD.
(A) New or amended Rules 104 and 405.
(B) Amended Rule 410.1.
(C) Previously approved on November 10, 1982 in paragraph
(c)(125)(v)(A) of this section and now deleted without replacement, Rule
104.
(vi) Yolo-Solano APCD.
(A) New or amended Rules 4.1 and 4.2.
(B) Previously approved on November 10, 1982 and now deleted without
replacement Rules 4.1 and 4.2.
(vii) Yuba County APCD.
(A) New or amended Rule 9.6.
(viii) Bay Area AQMD.
(A) Manual of Procedures: Volumes I, V and VI.
(B) Amended Regulation 8, Rules 7, 14, 18 and 19.
(ix) San Joaquin County APCD.
(A) Amended Rule 412.
(126) Revised regulations for the following APCDs submitted on
November 8, 1982 by the Governor's designee.
(i) Sacramento County APCD.
(A) New or amended Rules 59 and 70.
(B) Amended Rules 16 and 19.
(C) Previously approved on June 1, 1983 and now deleted without
replacement Rule 70.
(ii) Santa Barbara County APCD.
(A) New or amended Rule 210D.
(B) Previously approved on June 1, 1983 in paragraph (c)(126)(ii)(A)
of this section and now deleted without replacement, Rule 210D.
(iii) Stanislaus County APCD.
[[Page 417]]
(A) New or amended Rules 110, 202, and 302.
(B) Amended Rules 409.8, 411 and 411.1(G).
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 302.
(iv) South Coast AQMD.
(A) New or amended Rules 708.3 and 1105.
(v) Tulare County APCD.
(A) New or amended Rule 519.
(B) Amended Rules 410.3 and 410.4.
(C) Previously approved on June 1, 1983 and now deleted without
replacement Rule 519.
(vi) Yolo-Solano County APCD.
(A) New or amended Rule 6.1.
(B) Amended Rule 2.22.
(127) New and amended regulations for the following APCD's submitted
on February 3, 1983 by the Governor's designee.
(i) Bay Area Air Quality Management District.
(A) [Reserved]
(B) Amended Regulation 3: Rules 3-102, 3-302, 3-302.1, 3-303, and
Schedule A.
(C) Amended Rules 13 and 29.
(D) New or amended Regulation 2: Rules 2-2-113.2, 2-2-115, 2-2-209,
2-2-210, 2-2-211, 2-2-303.2, 2-2-304.1, 2-2-304.2, and 2-2-404; and
Regulation 3: Rule 3-312.
(ii) Fresno County APCD.
(A) Amended Rules 406 and 408.
(B) Amended Rule 409.1.
(iii) North Coast Unified AQMD.
(A) New Rule 350.
(B) Previously approved on November 18, 1983 and now deleted without
replacement Rule 350.
(iv) Imperial County APCD.
(A) Amended Rule 409.
(B) Amended Rule 424.
(v) Monterey Bay Unified APCD.
(A) New or amended Rule 601.
(B) Amended Rule 301, submitted on February 3, 1983.
(C) Previously approved on August 9, 1985 in paragraph
(c)(127)(v)(B) of this section and now deleted without replacement, Rule
301.
(vi) San Luis Obispo County APCD.
(A) Amended Rule 302.
(B) Previously approved on November 18, 1983 and now deleted without
replacement Rule 302.
(vii) South Coast AQMD.
(A) New or amended Rules 301.1, 302, 303, and Resolutions 82-23 and
82.35.
(B) New or amended Rules 461, 1102, and 1102.1.
(C) New or amended Rules 301, 304, 401(b) and 1148.
(D) Previously approved on November 18, 1983 and now deleted without
replacement Rule 303.
(E) Previously approved on October 19, 1984 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1148.
(F) Previously approved on November 18, 1983 in paragraph
(c)(127)(vii)(A) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District and
the South Coast Air Quality Management District, Rule 302.
(G) Previously approved on October 19, 1984 in paragraph
(c)(127)(vii)(C) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District and
the South Coast Air Quality Management District, Rule 304.
(H) Previously approved on October 19, 1984 in paragraph
(c)(127)(vii)(C) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District and
the Mojave Desert Air Quality Management District (Riverside County),
Rule 304.
(I) Previously approved on November 18, 1983 in paragraph
(c)(127)(vii)(A) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District and
the Mojave Desert Air Quality Management District, Rules 302 and 303.
(viii) Ventura County APCD.
(A) New or amended Rule 41.
(B) Amended Rule 74.2.
(128) The 1982 Ozone Air Quality Plan for the Monterey Bay Region
was submitted on December 31, 1982 and January 14, 1983 by the
Governor's designee.
(129) The 1982 Ozone Air Quality Plan for Stanislaus County and the
1982 Ozone and CO plan for San Joaquin County were submitted on December
1, 1982 by the Governor's designee.
[[Page 418]]
(130) The 1982 Ozone Air Quality Plan for Santa Barbara County was
submitted on December 31, 1982 by the Governor's designee.
(131) [Reserved]
(132) Revised regulations for the following APCDs submitted on June
28, 1982, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rule 425.
(B) Previously approved on May 3, 1984 and now deleted without
replacement, Rule 425.
(133) The enabling legislation, Chapter 892, Statutes of 1982,
(Senate Bill No. 33) for a California motor vehicle inspection and
maintenance program and the California Air Resources Board's Executive
Order G-125-15 submitted on September 17, 1982 by the Governor's
designee.
(134) A schedule to implement the California motor vehicle
inspection and maintenance (I/M) program, the California Air Resources
Board's Executive Order G-125-33, and local resolutions and requests
from the Bay Area Air Quality Management District, Sacramento County
APCD, Placer County APCD, Yolo-Solano APCD, San Diego County APCD, South
Coast Air Quality Management District and Ventura County APCD to have
the State implement the I/M program, submitted on July 26, 1983 by the
Governor's designee.
(135) The 1982 Ozone and CO Air Quality Plan for the San Francisco
Bay Air Basin was submitted on February 4, 1983 by the Governor's
designee.
(136) The 1982 Ozone and CO Air Quality Plan for the San Diego Air
Basin was submitted on February 28 and August 12, 1983 by the Governor's
designee.
(137) Revised regulations for the following APCDs was submitted on
July 19, 1983 by the Governor's designee.
(i) Kern County APCD.
(A) New or amended Rules 301.1 and 302.
(B) Amended Rule 410.1
(C) Previously approved on February 1, 1984 in paragraph
(c)(137)(i)(A) of this section and now deleted without replacement,
Rules 301.1 and 302 (including Southeast Desert).
(ii) Merced County APCD.
(A) New or amended Rules 104, 108, 113, 202, 209.1, 301, 305, 407
and 519.
(B) Amended Rule 409.1.
(C) New or amended Rules 409.4, 409.5, 411 and 411.1.
(D) Previously approved on February 1, 1984 and now deleted without
replacement Rules 305 and 319.
(E) Previously approved on February 1, 1984 in paragraph
(c)(137)(ii)(A) of this section and now deleted without replacement,
Rules 104, 113, and 301 (paragraphs a, b, and h).
(iii) Sacramento County APCD.
(A) New or amended Rule 7.
(B) Amended Rule 17.
(iv) San Diego County APCD.
(A) New or amended Rules 10 and 40.
(B) Amended Rules 67.3, 67.4 and 67.6.
(C) Previously approved on February 1, 1984 and now deleted without
replacement Rule 40.
(v) San Luis Obispo County APCD.
(A) New or amended Rule 212.
(vi) Shasta County APCD.
(A) New or amended Rules 2.18, 3.4, and 3.15.
(B) Amended Rules 3.3(b), 3.4(d) and 3.15(c).
(C) Previously approved on February 1, 1984 in paragraph
(c)(137)(vi)(A) of this section and now deleted without replacement Rule
2.18.
(vii) South Coast AQMD.
(A) New or amended Rules 502, 1207 and deletion of 301.1.
(B) New or amended Rules 301, 301.1, 301.2 and 431.1.
(C) Previously approved on February 1, 1984 and now deleted without
replacement Rule 502.
(D) Previously approved on February 1, 1984 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1207.
(E) Previously approved on October 19, 1984 in paragraph
(c)(137)(vii)(B) of this section and now deleted without replacement
Rules 301, 301.1, and 301.2.
(F) Previously approved on October 19, 1984 in paragraph
(c)(137)(vii)(B) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District,
Rules 301 to 301.2.
(G) Previously approved on February 1, 1984 in paragraph
(c)(137)(vii)(A) of this section and now deleted without
[[Page 419]]
replacement for implementation in the Mojave Desert Air Quality
Management District (Riverside County) Rule 1207.
(H) Previously approved on February 1, 1984 in paragraph
(c)(137)(vii)(A) of this section and now deleted without replacement for
implementation in the South Coast Air Quality Management District Rule
1207.
(viii) Ventura County APCD.
(A) Amended Rule 41.
(B) Previously approved on February 1, 1984 and now deleted without
replacement Rule 41.
(ix) Monterey Bay Unified APCD.
(A) Amended Rule 426.
(x) Placer County APCD (Mountain Counties Air Basin portion).
(A) Amended Rule 218.
(xi) Fresno County APCD.
(A) Amended Rule 409.4.
(138) Revised regulations for the following APCDs was submitted on
April 11, 1983 by the Governor's designee.
(i) Butte County APCD.
(A) Amended Rules 1-36, 4-2, 4-3, 4-11, and 5-3.
(B) Previously approved on November 18, 1983 in paragraph (i)(A) of
this section and now deleted without replacement Rules 4-3 and Rule 4-
11.
(C) Previously approved on November 18, 1983 in paragraph
(c)(138)(i)(A) of this section and now deleted without replacement,
Rules 4-2, 4-11, and 5-3.
(ii) El Dorado County APCD.
(A) New or amended Rules 203, 206, 207, 209-212, 221-226, 521, 609-
612 and 700-703.
(B) Amended Rules 214-220.
(C) New Rule 213.
(D) Previously approved on November 18, 1983 and now deleted without
replacement Rule 521.
(E) Previously approved on November 18, 1983 in paragraph
(c)(138)(ii)(A) of this section and now deleted without replacement,
Rules 609 to 612 (Mountain Counties Air Basin).
(F) Previously approved on November 18, 1983 in paragraph
(c)(138)(ii)(A) of this section and now deleted without replacement
Rules 700, 702, and 703 (Mountain Counties Air Basin).
(iii) Fresno County APCD.
(A) New or amended Rule 301.
(B) Previously approved on November 18, 1983 in paragraph
(c)(138)(iii)(A) of this section and now deleted without replacement,
Rule 301.
(iv) Lake County APCD.
(A) New or amended Rules 900 and 902.
(B) Previously approved on November 18, 1983 in paragraph
(c)(138)(iv)(A) of this section and now deleted without replacement,
Rules 900 and 902.
(v) Madera County APCD.
(A) New or amended Rules 103-117, 301-305, 401-405, 421-425, 501-
503, 519, 606, 610 and 611.
(B) Amended Rules 409, 410, and 417-419.
(C) New or amended Rules 406, 407, 408, 411 and 420.
(D) Previously approved on November 18, 1983 and now deleted without
replacement Rules 305 and 502 to 503.
(E) Previously approved on November 18, 1983 in paragraph
(c)(138)(v)(A) of this section and now deleted without replacement,
Rules 105, 108, 111, and 301 to 304.
(vi) Monterey Bay Unified APCD.
(A) New or amended Rules 200, 201(p), 501, 503, 506, 507 and 508.
(B) Amended Rule 425.
(vii) Ventura County APCD.
(A) New or amended Rule 59c.
(viii) Kern County APCD.
(A) Amended Rule 414.1.
(ix) Kings County APCD.
(A) Amended Rule 410.1.
(139) Amendments to ``Chapter 27--California Lead Control Strategy''
was submitted on April 8, 1983 by the Governor's designee.
(140) Revised regulations for the following APCDs were submitted on
August 30, 1983 by the Governor's designee.
(i) Bay Area AQMD.
(A) Amended Regulation 3: Rules 3-100 through 3-103, 3-200 through
3-211, 3-300 through 3-313 and 3-400 through 3-409.
(B) New Regulation 8, Rule 30.
(C) Previously approved on May 3, 1984 and now deleted without
replacement Rule 3-301.
(D) Previously approved on May 3, 1984 in paragraph (c)(140)(i)(A)
of this section and now deleted without replacement, Regulation 3: Rules
3-100 through 3-103, 3-200 through 3-211, 3-300, 3-302 through 3-313,
and 3-400 through 3-409.
[[Page 420]]
(ii) Kern County APCD.
(A) New or amended Rules 405, 408, 409, and 424.
(B) Previously approved on May 3, 1994 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
408.
(C) Previously approved on May 3, 1984 and now deleted without
replacement for implementation in the Southeast Desert Air Basin Rule
424.
(iii) Stanislaus County APCD.
(A) New or amended Rules 109 and 213.
(B) Amended Rule 409.1.
(C) Previously approved on May 3, 1984 in paragraph (c)(140)(iii)(A)
of this section and now deleted without replacement, Rule 109.
(iv) Yolo-Solano APCD.
(A) Amended Rule 2.13(1).
(141) The 1982 CO Air Quality Plan for the Lake Tahoe Air Basin was
submitted on December 20, 1982 by the Governor's designee.
(142) The 1982 ozone and CO Air Quality Plan for the Sacramento
nonattainment area submitted on January 10, 1984 by the Governor's
designee, except for the attainment and RFP demonstration portions of
the ozone plan.
(143) Revisions to the 1982 ozone and CO Air Quality Plan for the
Sacramento nonattainment area submitted on February 10, 1984.
(144) The 1982 Ozone and CO Air Quality Management Plan for the
South Coast Air Basin submitted on December 31, 1982 and subsequently
amended on February 15, and June 28, 1984 by the Governor's designee,
except for:
(i) The attainment and RFP demonstration portions of the plan.
(ii) The emission reduction credit for the New Source Review control
measure.
(145) The 1982 Ozone Air Quality Management Plan for Ventura County
submitted on December 31, 1982 by the Governor's designee except for the
attainment and RFP demonstration portions of the plan.
(146) The 1982 Ozone and CO Clean Air Plan for the Fresno
nonattainment area submitted on December 1, 1982 by the Governor's
designee, except for the attainment and RFP demonstration portions of
the plans.
(147) [Reserved]
(148) Revised regulations for the following APCDs were submitted on
October 27, 1983 by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Regulations 6-303.4, 9-1-100, 9-1-101, 9-1-110,
9-1-200 through 9-1-205, 9-1-300 through 9-1-312, 9-1-400 through 9-1-
404, 9-1-500 through 9-1-503, 9-1-600 through 9-1-605 and 5-401.13.
(B) Amended Regulation 8, Rules 3, 9, 10, 20, 22, 25 and 28.
(ii) El Dorado County APCD.
(A) New or amended Rules 102, 226, 227, and 228.
(B) New Rules 224 and 225.
(C) Previously approved on May 3, 1984 in paragraph (c)(148)(ii)(A)
of this section and now deleted without replacement, Rule 226.
(iii) Monterey Bay Unified APCD.
(A) New or amended Rules 407, 410, and 411.
(B) Previously approved on May 3, 1984 in (c)(148)(iii)(A) of this
section and now deleted without replacement Rule 407.
(iv) San Diego County APCD.
(A) New or amended Rule 68.
(B) New Rule 67.9.
(v) Shasta County APCD.
(A) New or amended Rule 2.6.
(vi) South Coast AQMD.
(A) New or amended Rules 1105 and 1111.
(B) New or amended Rules 1113, 1122, 1136, 1141 and 1145.
(vii) Ventura County APCD.
(A) New or amended Rule 30.
(viii) Madera County APCD.
(A) Amended Rule 416.
(149) Revised regulations for the following APCD's submitted on
January 20, 1983 by the Governor's designee.
(i) California State.
(A) New or amended California statewide regulations: Test Procedures
for Determining the Efficiency of Gasoline Vapor Recovery Systems at
Service Stations; Certification and Test Procedures for Vapor Recovery
Systems of Gasoline Delivery Tanks; Test Procedure for Gasoline Vapor
Leak Detection Using Combustible Gas Detector.
(150) Revised regulations for the following APCD's submitted August
2, 1983, by the Governor's designee.
(i) Kings County APCD.
(A) New Rule 414.4.
[[Page 421]]
(ii) Yuba County APCD.
(A) Amended Rule 3.9.
(151) [Reserved]
(152) Amendments to ``Chapter 27--California Lead Control Strategy''
were submitted on February 22, 1984 by the Governor's designee.
(153) Revised regulations for the following APCD's were submitted on
March 14, 1984 by the Governor's designee.
(i) Lake County APCD.
(A) New or amended Rule 602.
(ii) North Coast Unified AQMD.
(A) New or amended Rules 100, 120, 130 [Paragraphs (d1) and (s5)],
160 (except (a) and non-criteria pollutants), 240, 500, 520, 600, 610
and Appendix B (except (D)(1)(e)).
(B) New or amended Rules, 130, 130 (b1, m2, n1, p5, s2), 200 (a),
(b), (c)(1-2), and (d), 220(c), and 260.
(C) Previously approved on December 5, 1984 and now deleted without
replacement Rules 600 and 610.
(D) Previously approved on December 5, 1984 in paragraph
(c)(153)(ii)(A) of this section and now deleted without replacement,
Rules 500 and 520.
(iii) San Diego APCD.
(A) New or amended Rules 2, 52 and 53.
(B) Amended Rules 67.0 and 67.1 (deletion).
(iv) San Joaquin APCD.
(A) New or amended Rules 110, 202 and 407.
(B) Amended Rules 409.1 and 409.4.
(v) Bay Area AQMD.
(A) New Regulation 8, Rules 31 and 32.
(vi) Kern County APCD.
(A) Amended Rule 410.1.
(vii) South Coast AQMD.
(A) New or amended Rules 1108.1 and 1141.1.
(B) New Rule 1158, adopted 12-2-83.
(C) Previously approved on March 14, 1984 in paragraph
(c)(153)(vii)(B) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Quality Management District
Rule 1158.
(viii) Ventura County APCD.
(A) Amended Rule 74.2
(154) Revised regulations for the following APCD's were submitted on
April 19, 1984 by the Governor's designee.
(i) Mendocino County APCD.
(A) New or amended Regulation 1: Rules 100, 120, 130 [Paragraphs
(d1) and (s5)], 160 (except (a) and non-criteria pollutants), 240, 500,
520, 600, 610 and Appendix B (except (D)(1)(e)) and Regulation 2: Rules
101, 102, 200, 301, 302, 303, 304, 305, 401, 501, and 502.
(B) New or amended Rules, 130, 200, 220(a)(1&3), (b)(1, 2, 5, and
7), (c), and 260.
(C) Previously approved on December 5, 1984 and now deleted without
replacement Rules 600 and 610.
(D) Previously approved on December 5, 1984 in paragraph
(c)(154)(i)(A) of this section and now deleted without replacement,
Rules 500, 520, and Regulation 2: Rule 502.1.
(ii) Monterey Bay Unified APCD.
(A) New or amended Rules 101, 200, 203 and 422.
(B) Amended Rule 426.
(iii) Sacramento County APCD.
(A) New or amended Rules 101, 102, 103, 403-410, 420, 501, 601, 602
and 701.
(B) Amended Rules 441, 442, 444-446 and 448-455.
(C) Previously approved on December 5, 1984 and now deleted without
replacement Rules 601 and 602.
(D) Rule 455, previously approved on January 24, 1985 in paragraph
(c)(154)(iii)(B) of this section, is deleted with replacement in
(c)(488)(i)(C)(1).
(iv) San Luis Obispo County APCD.
(A) New or amended Rule 105.
(v) Shasta County APCD.
(A) New or amended Rules 1:2, 2:2 (repealed), 2:3 (repealed), 2:6
2:26 (repealed), 2:27 (repealed), and 3:2.
(B) Amended Rule 3:4, adopted on January 3, 1984.
(vi) Bay Area AQMD.
(A) New or amended Regulation 8, Rules 6, 7, 29 and 33.
(B) Amended Regulation 9, Rule 4 adopted December 7, 1983.
(vii) South Coast AQMD.
(A) Amended Rule 1124.
(B) [Reserved]
(155) Revised regulations for the following APCD's submitted July
10, 1984, by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Regulation 8, Rules 11, 34 and 35.
(ii) El Dorado County APCD.
[[Page 422]]
(A) New or amended Rules 215, 216 (deletion), 216 and 217
(deletion).
(B) New or amended Rule 217.
(iii) Madera County APCD.
(A) New or amended Rules 409 and 410.
(B) New or amended Rules 203 and 404.
(iv) South Coast AQMD.
(A) Amended Rule 1113.
(B) New or amended Rules 401 and 1305.
(v) North Coast Unified AQMD.
(A) New or amended Regulation 2.
(B) New or amended Rules 130 (b2, m1, p3, and s7), Chapter II, 200
(c)(3-6) and 220 (a) and (b).
(C) Previously approved on January 29, 1985 in paragraph
(c)(155)(v)(A) of this section and now deleted without replacement,
Regulation 2: Rule 502.
(D) Previously approved on January 29, 1985 in paragraph
(c)(155)(v)(A) of this section and now deleted without replacement
Regulation 2, Rule 2-502.
(vi) Shasta County APCD.
(A) Amended Rule 1:2.
(156) Revised regulations for the following APCD's were submitted on
October 19, 1984 by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Rules 2-1 and 8-36.
(ii) Merced County APCD.
(A) New or amended Rules 112, 409.1, and 409.4.
(B) Previously approved on January 29, 1985 in paragraph
(c)(156)(ii)(A) of this section and now deleted without replacement,
Rule 112.
(iii) North Coast Unified AQMD.
(A) New or amended Rules 160 and 460.
(B) Amended Rules 130(c, 1) and 240(e).
(iv) San Diego County APCD.
(A) New or amended Rules 61.0, 61.2, 61.8, and 67.3.
(v) Yolo-Solano APCD.
(A) New or amended Rule 2.21.
(vi) Northern Sonoma County APCD.
(A) New or amended Rules 130 (b2, m1, p3, p3a, and s7), Chapter II,
220(B).
(B) Previously approved on July 31, 1985 in paragraph
(c)(156)(vi)(A) of this section and now deleted without replacement,
Rule 130 (b2, m1, p3, p3a, and s7), and now deleted with replacement in
Paragraph (c)(480)(i)(A)(3) of this section, Chapter II, 220(B).
(vii) South Coast AQMD.
(A) New or amended Rule 463, adopted 6-1-84 and 1141.2, adopted 7-6-
84.
(B) Previously approved on January 15, 1987 in paragraph
(c)(156)(vii)(A) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Quality Management District
Rule 1141.2.
(157) [Reserved]
(158) Revised regulations for the following Districts were submitted
on December 3, 1984 by the Governor's designee.
(i) Mendocino County APCD.
(A) New or amended Rules 1-160, 1-240, 1-460 and 2-502.2.
(B) New or amended Rules 130 (b2, m1, p3, s7), Chapter II, 220
(a)(2) and (b)(3, 4, 6, 8 and 9).
(C) Previously approved on May 9, 1985 in paragraph (c)(158)(i)(A)
of this section and now deleted without replacement, Rule 2-502.2.
(D) Previously approved on July 31, 1985 in paragraph (c)(158)(i)(B)
of this section and now deleted with replacement in paragraph
(c)(489)(i)(A)(3) of this section, Chapter II, 220 (a)(2) and (b)(3, 4,
6, 8 and 9).
(159) Revised regulations for the following APCD's were submitted on
February 6, 1985 by the Governor's designee.
(i) Sacramento County APCD.
(A) Amended Rule 202 (except for a) sections 104 and 105 as they
apply to volatile organic compounds and nitrogen oxides, b) sections 109
and 229, and c) the portion of section 405 which concerns stack heights
[under NSR]).
(B) Previously approved on February 6, 1985 and now deleted without
replacement: Rule 202.
(ii) Fresno County APCD.
(A) New or amended Rules 409.7 and 413.1, adopted on October 2,
1984.
(iii) Monterey Bay Unified APCD.
(A) New or amended Rules 100 to 106, 200 to 206, 208 to 214, 400,
401, 405, 406, 408 to 415, 417 to 422, 425 to 428, 500 to 506, 600 to
617, 700 to 713, 800 to 816, and 900 to 904, adopted on December 13,
1984.
(B) Previously approved on July 13, 1987 and now deleted without
replacement Rules 600 to 617 and 800 to 816.
[[Page 423]]
(C) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this
section and now deleted without replacement Rules 405 and 406.
(D) Previously approved on July 13, 1987 in paragraph
(c)(159)(iii)(A) of this section and now deleted without replacement,
Rule 104.
(E) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this
section and now deleted without replacement, Rule 209.
(F) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this
section and now deleted without replacement Rules 409, 410, 411, and
422.
(G) Previously approved on July 13, 1987 in paragraph
(c)(159)(iii)(A) of this section and now deleted without replacement
Rules 203, 210, and 211.
(H) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this
section and now deleted without replacement Rules 900, 901, 902, 903,
and 904.
(iv) Sacramento County APCD.
(A) New or amended Rules 201 (sections 100-400), 404 (sections 100-
300), and 443 (sections 100-400), adopted on November 20, 1984.
(B) Amended Rule 447 adopted November 20, 1984.
(v) South Coast AQMD.
(A) New or amended Rules 1104 and 1125, adopted on December 7, 1984.
(B) Amended Rule 1141, adopted on November 2, 1984.
(C) Amended Rule 1105 adopted September 21, 1984.
(D) New Rule 1117 adopted January 6, 1984.
(E) Previously approved on July 12, 1990 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rules 1105 and 1117.
(vi) Stanislaus County APCD.
(A) New or amended Rules 202(O), 411, and 416.1, adopted on
September 18, 1984.
(vii) Yolo-Solano County APCD.
(A) Amended Rule 2.21.a.7. (a) and (b) adopted November 21, 1984.
(160) Revised regulations for the following APCD's were submitted on
April 12, 1985, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area AQMD.
(1) Revisions to Regulation 8, Rule 33, adopted on January 9, 1985.
(B) San Luis Obispo County APCD.
(1) New or amended Rules 201, 205, 405, and 406, adopted on November
13, 1984.
(C) Shasta County APCD.
(1) Amended Rule 2:1.514, adopted on May 29, 1984.
(D) San Diego County APCD.
(1) New Rule 67.10 adopted January 30, 1985.
(E) South Coast AQMD.
(1) Amended Rule 1108 adopted February 1, 1985.
(161) Revisions to the ozone and carbon monoxide nonattainment area
plans for the Fresno County portion of the San Joaquin Valley Air Basin
were submitted by the Governor on June 11, 1984.
(i) Incorporation by reference. (A) State of California Air
Resources Board Executive Order G-125-46 adopted May 11, 1984.
(B) Letters from the County of Fresno to the Bureau of Automotive
Repair dated March 14, 1984 and February 14, 1984 requesting
implementation of an I/M program in Fresno County.
(C) County of Fresno Resolution File Number 18-13 adopted February
14, 1984.
(D) Schedule to implement I/M in Fresno County, adopted on February
14, 1984.
(ii) Additional information. The State submitted no additional
information.
(162) Revised regulations for the following APCD were submitted on
June 21, 1985 by the Governor's designee.
(i) Northern Sonoma County APCD.
(A) Amended Rule 220 (a).
(B) Previously approved on July 31, 1985 in paragraph (c)(162)(i)(A)
of this section and now deleted with replacement in Paragraph
(c)(480)(i)(A)(3) of this section, Chapter II, 220(A).
(163) Rule 1304(e), Resource Conservation and Energy Projects,
adopted on March 7, 1980, submitted on April 3, 1980 (See Sec.
52.220(c)(68)(i)), and conditionally approved on January 21, 1981 [See
Sec. 52.232(a)(3)(i)(A)] is disapproved but only with respect to
projects whose application for a permit is complete after January 1,
1986.
[[Page 424]]
(164) Revised regulations for the following APCD's were submitted on
October 16, 1985 by the Governor's designee.
(i) Incorporation by reference. (A) Amador County APCD.
(1) New or amended Rules 301-319 and 501, adopted 6/16/81; and Rules
502-514 and 517-521, adopted 1/8/80.
(2) Previously approved on April 17, 1987 in paragraph
(c)(164)(i)(A)(1) of this section and now deleted without replacement,
Rules 318, 319, and 509.
(3) Previously approved on April 17, 1987 in paragraph
(c)(164)(i)(A)(1) of this section and now deleted without replacement
Rules 504, 506, 519, and 520.
(B) Northern Sonoma County APCD.
(1) Amended Rules 100, 120, 130 (d1 and s5), 500, 520, 600, and 610,
adopted 2/22/84, and amended Rule 200(a), adopted 7/19/83.
(2) Appendices A and B adopted on February 22, 1984.
(3) Previously approved on April 17, 1987 in paragraph
(c)(164)(i)(B)(1) of this section and now deleted without replacement,
Rules 500 and 520.
(4) Rule 240, ``Permit to Operate,'' adopted on February 22, 1984.
(5) Previously approved on April 17, 1987 in paragraph
(c)(164)(i)(B)(1) of this section and now deleted without replacement,
Rule 130 (d1 and s5), and now deleted with replacement in paragraph
(c)(480)(i)(A)(2) of this section, rule 200(a).
(C) Ventura County APCD.
(1) Amended Rules 15, 54, 61, 64, 67, 69, 70, 74.3, 74.4, 74.5,
74.6, 74.8, 80, and 103, revised 7/5/83.
(2) Previously approved and now removed (without replacement), Rule
84.
(3) Previously approved on April 17, 1987 and now deleted without
replacement Rule 61.
(4) Rule 74.11 adopted on April 9, 1985.
(5) Previously approved on April 17, 1987 in paragraph
(c)(164)(i)(C)(1) of this section and now deleted without replacement,
Ventura County Rule 67.
(D) Yuba County APCD.
(1) Amended Rules 1.1, 2.0, 2.1, 2.3, 2.5, 2.6, 2.7, 2.9, 2.11, and
2.16, adopted 3/5/85.
(E) South Coast Air Quality Management District.
(1) Rule 1150.1, adopted on April 5, 1985.
(165) Revised regulations for the following APCD's were submitted by
the Governor's designee on November 12, 1985.
(i) Incorporation by reference. (A) Northern Sonoma County APCD.
(1) Amended Rule 130 s4, adopted 7/9/85.
(2) Previously approved on April 17, 1987 in paragraph
(c)(165)(i)(A)(1) of this section and now deleted without replacement,
Rule 130 (s4).
(B) South Coast Air Quality Management District.
(1) Amended Rule 221, adopted 1/4/85.
(2) Rule 1140, ``Abrasive Blasting,'' amended on August 2, 1985.
(166) A revised regulation for the following district was submitted
on December 2, 1983, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast AQMD.
(1) Amended Rule 466 adopted 10/7/83.
(167) A revised regulation for the following district was submitted
on August 1, 1984, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County APCD.
(1) Amended Rule 74.7 adopted 7-3-84.
(168) Revised regulations for the following APCD's were submitted by
the Governor's designee on February 10, 1986.
(i) Incorporation by reference. (A) Butte County APCD.
(1) New or amended Rules 101, 102, 250, 260, 261, 270, 301, 302,
303, 304, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,
318, 320, 322, 323, 324, 325, 401, 402, 403, 405, 406, 407, 420, 421,
422, 423, 425, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611,
612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 701, 702, 703, 704,
801, 802, 901, 902, and 3-3 (repealed), adopted August 6, 1985.
(2) New or amended Rules 202, 203, 204, 205, 210, 211, 212, 213,
214, 215, 220, 225, and 231 adopted August 6, 1985.
(3) Previously approved on February 3, 1987 and now deleted without
replacement Rules 601 to 618, 620 to 621, and 801 to 802.
(4) Rule 424, adopted on August 6, 1985.
(5) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted without
[[Page 425]]
replacement, Rules 701, 702, 703, and 902.
(6) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted without replacement
Rules 423 and 425.
(7) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(457)(i)(C)(1): Rule 101 ``Title'' and Rule 102
``Definitions'', except for the following definitions from existing SIP
BCAPCD Rule 102: ``approved ignition devices,'' ``open out-door fire'',
``permissive burn day,'' ``range improvement burning,'' ``submerged fill
pipe,'' and ``vapor recovery system.''.
(8) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(457)(i)(C)(2): Rule 401 ``General Requirements,'' Rule 402
``Authority to Construct,'' Rule 406 ``Emission Calculations,'' Rule 407
``Anniversary Date,'' Rule 420 ``Standards for Granting Applications,''
and Rule 421 ``Conditional Approval''.
(9) Previously approved on May 2, 2001 in paragraph
(c)(168)(i)(A)(4) of this section and now deleted with replacement in
paragraph (c)(457)(i)(C)(2): Rule 424 ``State Implementation Plan.''
(B) Lake County APCD.
(1) New Rules 650D, 651, and 1701Q, adopted December 10, 1985.
(C) Placer County APCD (Mountain Counties portion).
(1) Amended Rules 102, 312, 314, 315, 320, 505, 507, 803, 211A
(repealed), and 219M (repealed), adopted May 20, 1985.
(2) New or amended Rules 213, 307, and 324 adopted May 20, 1985.
(3) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(C)(1) of this section and now deleted without replacement,
Rule 803.
(D) Sutter County APCD.
(1) Amended Rule 2.5, adopted October 15, 1985.
(E) Tehama County APCD.
(1) Amended Rules 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 5.2, 5.3, 5.6,
5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15, 5.16, 5.17, 5.18, 5.20,
5.21, 5.22, and 5.23, adopted September 19, 1985.
(2) New or amended Rules 4.3, 4.8, 4.9 (a) and (b), 4.10, and 4.14
adopted September 10, 1985.
(3) Previously approved on February 3, 1987 and now deleted without
replacement Rules 5.2 to 5.3, 5.6 to 5.9, 5.11 to 5.12, 5.13, 5.15 to
5.18, and 5.20 to 5.23.
(4) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(E)(1) of this section and now deleted without replacement
Rules 2.12 and 5.10.
(F) Monterey Bay Unified APCD.
(1) New or amended Rules 416 and 418 adopted September 18, 1985.
(2) Rule 204, amended on July 17, 1985.
(G) San Diego County APCD.
(1) New or amended Rules 66 (w) and 67.8 (d) adopted September 17,
1985.
(H) South Coast AQMD.
(1) Amended Rule 1159 adopted December 6, 1985.
(2) Rule 1150.2, adopted on October 18, 1985.
(3) Previously approved on July 12, 1990 in paragraph (i)(H)(1) of
this section and now deleted without replacement for implementation in
the Antelope Valley Air Pollution Control District Rule 1159.
(169) New and amended regulations submitted on June 4, 1986 by the
Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 404 and 405 adopted on May 7, 1976 and amended on February
7, 1986. Rule 1112.1 adopted on February 7, 1986.
(170) Revised regulations for the following APCD's were submitted on
August 12, 1986, by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) Amended rules 101, 201, 305 (Mountain Counties portion), adopted
May 27, 1986.
(171) Revised regulations for the following APCD's were submitted on
November 21, 1986 by the Governor's designee.
(i) Incorporation by reference. (A) [Reserved]
(B) Placer County APCD.
(1) New Rule 225, adopted on June 17, 1986.
(C) San Joaquin County APCD.
(1) Amended Rules 411.2, 416, and 416.1, adopted on June 24, 1986.
[[Page 426]]
(D) Shasta County APCD.
(1) New or amended Rules 1:1, 1:2 (except ``fugitive emissions''),
2:10, 2:23, 2:26, 2:27, 3:2, 3:3, 4:1, 4:2, and 4:7 adopted on July 22,
1986.
(2) Previously submitted to EPA on June 30, 1972 and approved in the
Federal Register on September 22, 1972 and now removed without
replacement, Rule 2:13.
(3) Previously submitted to EPA on July 19, 1974 and approved in the
Federal Register on August 22, 1977 and now removed without replacement,
Rules 3:8, 4:7, 4:9, 4:10, 4:11, 4:12, 4:13, 4:15, 4:16, 4:17, 4:18,
4:20, 4:21, and 4:22.
(4) Previously submitted to EPA on October 13, 1977 and approved in
the Federal Register on November 14, 1978 and now removed without
replacement, Rules 4:14 and 4:19.
(5) Previously approved on April 12, 1989 and now deleted without
replacement Rule 4.1.
(6) Previously approved on April 12, 1989 in paragraph
(c)(171)(i)(D)(1) of this section and now deleted without replacement
Rules 2:10, 2:26, 2:27, and 4:7.
(E) San Diego County Air Pollution Control District.
(1) Rule 20, ``Standards for Granting Permits,'' revision adopted on
June 10, 1986.
(172) Revised regulations for the following APCD's were submitted on
March 11, 1987, by the Governor's designee.
(i) Incorporation by reference. (A) Siskiyou County APCD.
(1) New or amended Rules 1.1, 1.2 (A3, A4, A8, A9, B3, B4, C1, C5,
C6, C8, C10, D1, D2, E1, F1, H2, I2, I3, M3, M4, O1, P1, P3, P4, P8, R3,
R4, R6, S1, S2, S3, S5, S6, T2, V1), 1.3, 1.5, 2.3, 2.7, 2.8, 2.9, 2.10,
2.11, and 2.12 adopted on November 25, 1986.
(2) Previously submitted to EPA on February 21, 1972 and approved in
the Federal Register on May 31, 1972 and now removed without
replacement, Rule 1.2 (M).
(3) Previously submitted to EPA on July 25, 1973 and approved in the
Federal Register on August 22, 1977 and now removed without replacement,
Rule 2.13.
(4) Previously approved on April 12, 1989 in paragraph
(c)(172)(i)(A)(1) of this section and now deleted without replacement
Rules 2.8 and 2.9.
(B) Ventura County APCD.
(1) Amended Rule 23, adopted on October 21, 1986.
(173) Revised regulations for the following APCD's were submitted on
June 9, 1987 by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area AQMD.
(1) New Rules 2-1-401.6 and 2-1-401.7, adopted January 7, 1987.
(B) Imperial County APCD.
(1) New or amended Rules 102, 105, 108, 110, 113, 115, 203, 204,
205, 210, 401, 402, 403, 420, 421, 422, and 423, adopted November 19,
1985.
(2) Previously approved on February 3, 1989 in paragraph
(c)(173)(i)(B)(1) of this section and now deleted without replacement,
Rules 105 and 108.
(3) Previously approved on February 3, 1989 in paragraph
(c)(173)(i)(B)(1) of this section and now deleted without replacement
Rules 204 and 210.
(C) Monterey Bay Unified APCD.
(1) Amended Rule 201 (introductory paragraph and subparagraphs (1)
through (8.6)), adopted December 17, 1986.
(2) Rule 200, amended on December 17, 1986.
(D) Tulare County APCD.
(1) Amended Rules 110 and 202 (introductory paragraph and
subparagraphs (a) through (d.7)), adopted May 13, 1986.
(2) Previously approved on February 3, 1989 in paragraph
(c)(173)(i)(D)(1) of this section and now deleted without replacement,
Rule 110.
(E) San Diego County Air Pollution Control District.
(1) Amended Rules 61.7 and 61.8, adopted on January 13, 1987.
(F) South Coast Air Quality Management District.
(1) Rule 443.1, adopted on December 5, 1986.
(174) Revised regulations for the following APCD's were submitted on
September 1, 1987 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast AQMD.
(1) Amended Rule 212, adopted May 1, 1987.
(B) Ventura County APCD.
(1) Amended Rule 12, adopted June 16, 1987.
[[Page 427]]
(175) Revised regulations for the following APCD's were submitted on
November 25, 1987, by the Governor's designee.
(i) Incorporation by reference. (A) Shasta County AQMD.
(1) Amended rules 1:2, 2:6.a.4.(c), 2:6.b, 2:7.a, 2:7.c,
2:8.c.2.(a), 2:8.c.3.(a), 2:8.c.4, and 2:19, adopted on July 28, 1987.
(2) Previously approved on April 17, 1989 in paragraph
(c)(175)(i)(A)(1) of this section and now deleted without replacement
Rule 2:19.
(B) Tehama County APCD.
(1) New or amended rules 1:2, 3:1, 3:6(1), 3:11(a), 3:12, 3:13.j,
3:14(10), 3:15, 4:3, and 4:24, adopted on August 4, 1987.
(2) Rule 4.22, adopted on August 4, 1987.
(3) Previously approved on April 17, 1989 in paragraph
(c)(175)(i)(B)(1) of this section and now deleted without replacement
Rule 3:15.
(C) Yolo-Solano APCD.
(1) Amended rule 3:7(d), adopted on August 12, 1987.
(176) Revised regulations for the following APCD's were submitted on
March 23, 1988 by the Governor's designee.
(i) Incorporation by reference. (A) Siskiyou County Air Pollution
Control District.
(1) New and amended rules 4.1, 4.1-1, 4.1-2, 4.2-1, 4.3, 4.4, 4.5,
4.6, 4.6-1, 4.7, 4.8, 4.9, 4.10, 4.11, 7.1, 7.2, 7.3, 7.4, 7.5-1, 7.5-2,
7.5-3, 7.6, and 7.7 adopted on October 27, 1987.
(B) Lake County Air Pollution Control District.
(1) Amended rules 431.5, 431.7, 432, 432.5, 433, 434, 436.5, 442,
1105, and 1107 adopted October 20, 1987.
(2) Previously approved on October 23, 1989 in paragraph
(c)(176)(i)(B)(1) of this section and now deleted Section 442 (now
replaced by Section 436).
(C) Lassen County Air Pollution Control District.
(1) Amended Articles I, II, III, IV, V, VI, and VII adopted August
11, 1987.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 429 adopted on September 16, 1987.
(E) South Coast Air Quality Management District.
(1) Rule 444, adopted on October 2, 1987.
(177) Revised regulations for the following APCD's were submitted by
the Governor's designee on February 7, 1989.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Amended Rules 2 and 55 adopted May 24, 1988.
(2) Amended Rule 56 adopted May 24, 1988.
(3) Previously approved on August 6, 1990 in paragraph
(c)(177)(i)(A) of this section and now deleted without replacement, Rule
55.
(B) Bay Area Air Quality Management District.
(1) Amended Regulation 4 adopted September 7, 1988.
(C) Mariposa County Air Pollution Control District.
(1) Amended Regulation III and Rules 300, 301, 302, 303, 304, 305,
306, 307, and 308 adopted July 19, 1988.
(D) Madera County Air Pollution Control District.
(1) Amended rules 106, 112, 114, 401, 403, 422, 424, 425, 501, 504,
505, 506, 518, 519, 601, 603, 605, 606, 609, 610, 611, 613, and 614
adoped on January 5, 1988.
(2) Previously approved on April 16, 1991 and now deleted without
replacement Rules 106, 501, 504 to 506, and 519.
(3) Previously approved on April 16, 1991 in paragraph
(c)(177)(i)(D)(1) of this section and now deleted without replacement,
Rule 112.
(4) Previously approved on April 16, 1991 in paragraph
(c)(175)(i)(D)(1) of this section and now deleted without replacement
Rule 518.
(E) Bay Area Air Quality Management District.
(1) Rule 8-5 adopted on May 4, 1988.
(F) Lake County Air Quality Management District.
(1) Rules 248.5 and 270, adopted on December 6, 1988.
(2) Section (Rule) 1150, adopted on December 6, 1988.
(178) [Reserved]
(179) Revised regulations for the following APCD's were submitted on
March 26, 1990, by the Governor's designee.
(i) Incorporation by reference. (A) Kings County Air Pollution
Control District.
[[Page 428]]
(1) Amended Rules 417 and 417.1 adopted on February 28, 1989.
(B) San Bernardino County Air Pollution District.
(1) Amended Rules 101, 102 (except fugitive liquid leak and fugitive
vapor leak), 103, 104, 105, and 106 adopted on December 19, 1988.
(2) Previously approved on November 27, 1990 in paragraph
(c)(179)(i)(B)(1) of this section and now deleted without replacement,
Rule 105.
(C) Bay Area Air Quality Management District.
(1) Rule 8-44, adopted January 4, 1989.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.7, adopted on January 10, 1989.
(2) Rule 30 adopted on May 30, 1989.
(E) Siskiyou County Air Pollution Control District.
(1) Rules 1.2 (except section V1), 1.4, 2.1, 2.2, 2.10. 4.1, 4.6,
6.1, and Appendix A, adopted on January 24, 1989.
(2) Rule 4.10 adopted on January 24, 1989.
(3) Rule 4.3, adopted on January 24, 1989.
(4) Previously approved on November 4, 1996 in paragraph
(c)(179)(i)(E)(1) of this section and now deleted without replacement,
Rule 1.4.
(5) Previously approved on November 4, 1996 in paragraph
(c)(179)(i)(E)(1) of this section and now deleted without replacement
Rule 2.10.
(F) Lake County Air Quality Management District.
(1) Rule 1010, adopted on June 13, 1989.
(2) Section (Rule) 431.5, adopted on June 13, 1989.
(G) Tuolumne County Air Pollution Control District.
(1) Rules 101, 102, and Rule 300, adopted November 22, 1988.
(2) Rules 302 to 310, adopted on November 22, 1988.
(180) [Reserved]
(181) New and amended regulations for the following APCD were
submitted on October 16, 1990, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 71.2, adopted on September 26, 1989.
(182) New and amended regulations for the following APCDs were
submitted on December 31, 1990, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1175 and 1176, adopted on January 5, 1990.
(2) Rule 109, adopted on May 5, 1989.
(3) Rule 108, adopted on April 6, 1990.
(4) Rule 461, adopted on July 7, 1989.
(5) Rule 431.2, amended on May 4, 1990.
(B) Bay Area Air Quality Management District.
(1) Regulation 8, Rule 8, adopted on November 1, 1989.
(2) Amended Rule 8-28, adopted September 6, 1989.
(3) Rule 8-46, adopted July 12, 1989.
(4) Amended Regulation 8, Rule 16, adopted on August 2, 1989.
(5) Amended Regulation 8, Rule 11, adopted on September 20, 1989.
(6) Regulation 2, Rule 1 adopted on November 1, 1989.
(7) Previously approved on January 26, 1999 in paragraph
(c)(182)(i)(B)(6) of this section and now deleted with replacement in
(c)(429)(i)(E)(1), Regulation 2, Rule 1 adopted on November 1, 1989.
(C) San Luis Obispo County Air Pollution Control District.
(1) Rule 424, adopted on July 18, 1989.
(D) Santa Barbara County Air Pollution Control District.
(1) Amended Rule 323, adopted on February 20, 1990.
(E) San Diego County Air Pollution Control District.
(1) Amended Rules 101, 102, 103, and 108, adopted March 27, 1990.
(2) Previously approved on March 11, 1988 in paragraph
(c)(182)(i)(E)(1) of this section and now deleted Rules 101, 102, 103,
and 108 (now replaced by Rule 101).
(F) Modoc County Air Pollution Control District.
(1) Rules 4.1-2, 4.6, 4.6-1, and 4.9 adopted on January 3, 1989.
(2) Rule 4.11, adopted on January 3, 1989.
(3) Rule 1.2 and Rule 7.1, adopted May 1, 1989.
(4) Rule 4.1, adopted on January 15, 1989.
[[Page 429]]
(5) Regulation II, ``Permit System,'' Rule 2.3 ``Transfers'' amended
on January 15, 1989.
(6) Regulation II, ``Permit System,'' Rule 2.5 ``Expiration of
Applications'' amended on January 15, 1989.
(7) Regulation II, ``Permit System,'' Rule 2.7 ``Conditional
Approval'' amended on January 15, 1989.
(8) Regulation II, ``Permit System,'' Rule 2.10 ``Further
Information'' amended on January 15, 1989.
(G) Siskiyou County Air Pollution Control District.
(1) Rule 4.14, adopted on July 11, 1989.
(2) Rule 7.1, adopted July 11, 1989.
(183) New and amended regulations for the following APCD's were
submitted on April 5, 1991, by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Rule 67.8, adopted on December 18, 1990.
(2) Rule 61.9, adopted on March 14, 1989, is now removed without
replacement as of April 19, 1994.
(3) Revised Rule 67.3, adopted on October 16, 1990.
(4) Amended Rule 61.4, adopted on October 16, 1990.
(5) Amended Rule 67.4, adopted July 3, 1990.
(6) Amended Rule 61.0, adopted on September 16, 1990.
(7) New Rule 67.12, adopted December 4, 1990.
(8) Previously approved on March 24, 1992 and now deleted without
replacement Rule 67.8.
(9) Amended Rule 67.18, adopted on July 3, 1990.
(10) Revised Rules 61.2, 61.3, and 67.5, adopted October 16, 1990.
(11) Amended Rule 61.1, adopted October 16, 1990.
(12) Rule 67.6, adopted on October 16, 1990.
(13) Rule 67.15, adopted on December 18, 1990.
(B) Ventura County Air Pollution Control District.
(1) Rules 74.5.1 and 74.5.2, adopted on December 4, 1990.
(2) Rule 71, adopted on September 11, 1990.
(3) Rule 74.13, adopted on January 22, 1991.
(4) Rule 74.16, adopted January 8, 1991.
(C) Placer County Air Pollution Control District.
(1) Amended Rule 217, adopted on September 25, 1990.
(2) Amended Rule 213, adopted on September 25, 1990.
(3) New Rule 410 and Amended Rule 223, adopted on September 25,
1990.
(4) Amended Rule 212, adopted September 25, 1990.
(5) Rule 216, adopted on September 25, 1990.
(D) Sacramento Metropolitan Air Quality Management District.
(1) Amended rules 443, adopted September 25, 1990, and 452, adopted
August 21, 1990.
(E)(1) [Reserved]
(2) Rule 316, adopted on July 10, 1990.
(F) Bay Area Air Quality Management District.
(1) Amended Regulation 8, Rule 43, adopted on June 20, 1990.
(2) Regulation 8, Rule 17, adopted on September 5, 1990.
(G) [Reserved]
(H) El Dorado County Air Pollution Control District.
(1) Regulation IX, Rules 900 through 914, adopted September 18,
1990.
(2) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted Rules 900, 901, 902,
903, and 904 (now replaced by Rule 238).
(3) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted Rules 905, 906, 907,
908, 910, 911, and 912 (now replaced by Rule 244).
(4) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted Rule 909 (now replaced
by a Negative Declaration adopted on April 3, 2001).
(5) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted without replacement
Rule 913.
(6) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted Rule 914 (now replaced
by Rule 501).
(184) New and amended regulations for the following APCDs were
submitted on May 13, 1991, by the Governor's designee.
[[Page 430]]
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Amended rule 445, adopted November 6, 1990.
(2) Amended Rules 442, adopted October 2, 1990, and 446, adopted
December 4, 1990.
(3) Previously approved on August 20, 1991 and now deleted without
replacement Rule 445.
(B) South Coast Air Quality Management District.
(1) Rules 1102 and 1102.1, adopted on December 7, 1990.
(2) Rule 465, adopted on December 7, 1990, and Rule 1123, adopted on
December 7, 1990.
(3) Rules 1153 and 1164, adopted on January 4, 1991, and December 7,
1990, respectively.
(4) New Rule 1174, adopted on October 5, 1990.
(5) Rule 1103, adopted on December 7, 1990.
(6) Rule 464, adopted on December 7, 1990.
(7) Rules 201, 203, 205, 209, 214 to 217 amended on January 5, 1990
and Rule 201.1 adopted on January 5, 1990.
(8) Rule 208, adopted on January 5, 1990.
(9) Previously approved on August 11, 1992 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1123.
(10) Rules 1162 and 1173, adopted on December 7, 1990.
(11) Previously approved on May 13, 1999 in paragraph
(c)(184)(i)(B)(7) of this section and now deleted without replacement
Rules 214, 215, and 216.
(12) Previously approved on October 4, 1994 in paragraph
(c)(184)(i)(B)(4) of this section and now deleted without replacement,
for the Antelope Valley area only, Antelope Valley Rule 1174, previously
South Coast Rule 1174. South Coast Rule 1174 remains in effect for the
South Coast area.
(C) Bay Area Air Quality Management District.
(1) Rule 8-37, adopted on October 17, 1990.
(2) Regulation 6, adopted on December 19, 1990.
(D) San Diego County Air Pollution Control District.
(E) Yolo-Solano Air Quality Management District.
(1) Rule 2.24, adopted on November 14, 1990.
(F) Tehama County Air Pollution Control District.
(1) Rule 1.2, adopted April 25, 1989.
(2) Rule 3.12, adopted on April 25, 1989.
(185) New and amended regulations for the following APCD's were
submitted on May 30, 1991, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rules 410.6 and 410.6A, adopted on May 6, 1991.
(2) Rule 410.5, adopted on May 6, 1991.
(3) Rule 410.4A, adopted on May 6, 1991.
(4) Amended Rule 410.1, adopted on May 6, 1991.
(5) Amended Rules 414 and 414.1 and New Rule 414.5, adopted on May
6, 1991.
(6) Revised Rule 410.4, adopted on May 6, 1991.
(7) Rule 410.3 and Rule 412, adopted on May 6, 1991.
(8) [Reserved]
(9) Rule 410.7, adopted May 6, 1991.
(B) San Diego County Air Pollution Control District.
(1) Rule 67.2, adopted on May 21, 1991.
(2) Rule 67.7, adopted on May 21, 1991.
(3) [Reserved]
(4) Amended Rule 67.16, adopted on May 21, 1991.
(5) Rule 67.1, adopted on May 21, 1991.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 467.1 and 467.2, adopted on April 11, 1991.
(2) Rule 460.2, adopted on April 11, 1991.
(3) New Rule 460.1, adopted on April 11, 1991.
(4) New Rules 463.4, 464.1, and 464.2, adopted on April 11, 1991.
(5) New Rule 461.2, adopted on April 11, 1991.
(6) Amended Rules 465.3 and 466.1, adopted April 11, 1991.
(7) Previously approved on April 24, 1992 and now deleted without
replacement Rule 467.1.
(D) Placer County Air Pollution Control District.
(1) Amended Rule 215, adopted on September 25, 1990.
[[Page 431]]
(186) New and amended regulations for the following APCDs were
submitted on October 25, 1991, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Amended Rules 447 adopted April 30, 1991.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 468.1, adopted on May 16, 1991.
(C) South Coast Air Quality Management District.
(1) Rule 1104, adopted March 1, 1991.
(D) Ventura County Air Pollution Control District.
(1) Rule 62.6, adopted on July 16, 1991.
(2) Rule 103, adopted on June 4, 1991.
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 105 adopted on July 30, 1991.
(F) Northern Sierra Air Pollution Control District.
(1) Rules 302 to 312, adopted on November 10, 1988.
(187) New and amended regulations for the following APCDs were
submitted on January 28, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 463.1, adopted on September 19, 1991.
(2) Rule 460.2 adopted on September 19, 1991.
(3) New Rule 463.2, adopted on September 19, 1991.
(4) New Rule 460.4, adopted on September 19, 1991.
(5) Rule 461.1 and Rule 465.2, adopted on September 19, 1991.
(6) Rule 465.1, adopted on September 19, 1991.
(B) Ventura County Air Pollution Control District.
(1) New Rule 74.17, adopted on September 17, 1991.
(2) Rule 74.1, adopted on November 12, 1991.
(3) New rules 150 to 159 amended on September 17, 1991.
(4) Rules 26.A (``General''), 26.8 and 26.9 adopted on October 22,
1991.
(5) Previously approved on October 4, 1994 in paragraph
(c)(187)(i)(B)(1) of this section and now deleted without replacement,
Rule 74.17.
(C) South Coast Air Quality Management District.
(1) Rule 1142, adopted on June 19, 1991.
(2) Rule 1135, adopted on July 19, 1991.
(3) Previously approved on December 13, 1994 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1142.
(D) San Diego County Air Pollution Control District.
(1) New rules 127, 128, and 130 amended on September 17, 1991.
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 206, ``Conditional Approval of Authority to Construct or
Permit to Operate,'' Revised October 15, 1991.
(188) New and amended regulations for the following APCDs were
submitted on June 19, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 339, adopted on November 5, 1991.
(2) Rule 331, adopted on December 10, 1991.
(3) Rule 342, adopted on March 10, 1992.
(4) Rule 329, adopted on February 25, 1992.
(B) San Bernardino County Air Pollution Control District.
(1) Rule 1116, adopted on March 2, 1992.
(C) South Coast Air Quality Management District.
(1) Rule 1171, adopted on August 2, 1991.
(2) Rule 465, amended on November 1, 1991.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.18, adopted on January 28, 1992.
(2) Rule 74.6, adopted on December 10, 1991.
(3) Rule 74.3, adopted on December 10, 1991.
(4) Rule 29 adopted on October 22, 1991.
(E) [Reserved]
(F) Sacramento Metropolitan Air Quality Management District.
[[Page 432]]
(1) Rules 448 and 449 adopted on December 17, 1991.
(189) New and amended regulations for the following APCDs were
submitted on September 14, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1115, adopted on March 6, 1992.
(2) Rule 1126, adopted on March 6, 1992.
(3) Rule 1128, adopted on February 7, 1992, and Rule 1141, adopted
on April 3, 1992.
(4) Rules 1125 and 1136, adopted on August 2, 1991.
(5) New Rule 1179, adopted March 6, 1992.
(6) Rule 109 adopted on March 6, 1992, and Rule 1106.1 adopted on
May 1, 1992.
(7) Rule 1141.1, adopted on November 4, 1983 and amended on March 6,
1992.
(8) Previously approved on December 20, 1993 in paragraph
(c)(189)(i)(A)(3) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rule 1141.
(9) Previously approved on December 20, 1993 in paragraph
(c)(189)(i)(A)(3) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District, Rule 1128.
(B) Ventura County Air Pollution Control District.
(1) Rule 71.1 and Rule 71.3, adopted on June 16, 1992.
(2) Rule 74.10, adopted on June 16, 1992.
(3) Rule 74.14, adopted on May 26, 1992.
(C) Bay Area Air Quality Management District.
(1) Rule 8-49, adopted on August 21, 1992.
(2) Regulation 9 Rule 1, amended on May 20, 1992.
(190) New and amended regulations for the following APCDs were
submitted on November 12, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Revised Rule 74.19, adopted August 11, 1992.
(2) Rule 74.2 revised on August 11, 1992.
(3) Rule 24 adopted on September 15, 1992.
(B) Bay Area Air Quality Management District.
(1) Rule 8-18, adopted on March 4, 1992.
(C) El Dorado County Air Pollution Control District.
(1) Rule 1000 adopted on September 21, 1992.
(D) Feather River Air Pollution Control District.
(1) Rule 4.8 adopted on September 14, 1992.
(E) Kern County Air Pollution Control District.
(1) Rule 108.2 adopted on July 13, 1992.
(F) San Bernardino County Air Pollution Control District (now Mojave
Desert Air Quality Management District).
(1) Rule 107 adopted on September 14, 1992.
(G) Santa Barbara County Air Pollution Control District.
(1) Rule 212 adopted on October 20, 1992.
(191) New and amended regulations for the following APCDs were
submitted on January 11, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1145, adopted on January 10, 1992.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 346, adopted on October 13, 1992.
(C) San Bernardino County Air Pollution Control District.
(1) Rule 463, adopted on November 2, 1992.
(D) Kern County Air Pollution Control District.
(1) Rule 412.1, adopted on November 9, 1992.
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1160, ``Emission Statements,'' adopted on November 18,
1992.
(192) New and amended regulations for the following APCDs were
submitted on April 6, 1993, by the Governor's designee.
[[Page 433]]
(i) Incorporation by reference. (A) Sacramento Air Quality
Management District.
(1) Rule 456, adopted on February 23, 1993.
(2) Rule 454, adopted on February 23, 1993.
(3) Revised Rule 450, adopted February 23, 1993.
(193) New and amended regulations for the following APCDs were
submitted on May 13, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1106, adopted on August 2, 1991; Rule 1107, adopted on
August 2, 1991; and Rule 1151, adopted on September 6, 1991.
(2) Rule 1130 adopted on March 6, 1992.
(3) Rule 1122, adopted on April 5, 1991.
(B) San Luis Obispo County Air Pollution Control District.
(1) Rule 417, adopted February 9, 1993.
(C) Butte County Air Pollution Control District.
(1) Rule 241, adopted on January 12, 1993.
(D) Glenn County Air Pollution Control District.
(1) Section 51, adopted on March 16, 1993.
(E) Ventura County Air Pollution Control District
(1) Rule 26.7 adopted on December 22, 1992.
(194) New and amended regulations for the following APCDs were
submitted on November 18, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8,
1993; and Rule 71.4, adopted on June 8, 1993.
(2) Rule 59, adopted on September 15, 1992.
(3) Rule 74.15.1, adopted on May 11, 1993.
(4) Rule 74.21, adopted on April 6, 1993.
(5) Rule 74.20, adopted on June 8, 1993.
(B) Kern County Air Pollution Control District.
(1) Rule 410.4, adopted on July 12, 1993.
(2) Rule 425, adopted on August 16, 1993.
(3) Previously submitted to EPA on June 28, 1982 and approved in the
Federal Register on May 3, 1984 and now removed without replacement,
Rule 425.
(4) Rule 424 adopted on April 19, 1993.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4603, adopted on May 20, 1993.
(2) Rule 4621, adopted on May 20, 1993.
(3) Rule 4802, adopted on May 21, 1992, and amended on December 17,
1992.
(4) Rules 2031, 2070, 2080, and 2092 adopted on May 21, 1992 and
amended on December 17, 1992.
(5) Rule 4201, adopted on December 17, 1992.
(D) Santa Barbara County Air Pollution Control District.
(1) Rule 349, adopted on April 27, 1993.
(E) San Diego County Air Pollution Control District.
(1) Rule 67.12, adopted on April 6, 1993.
(2) Amended Rule 19, adopted April 6, 1993.
(F) Monterey Bay Unified Air Pollution Control District
(1) Rule 417, Rule 418, and Rule 427, adopted on August 25, 1993.
(2) Rule 425, adopted on August 25, 1993.
(3) Rule 420 and Rule 426, adopted on August 25, 1993.
(4) Previously submitted to EPA on February 6, 1975 and approved in
the Federal Register on July 13, 1987 and now removed without
replacement, Rule 428.
(5) Rule 300--Regulation 3, Part 4, Paragraph 4.4 adopted on June 9,
1993.
(G) Mendocino County Air Quality Management District.
(1) Rule 130 (p6), (t2), and (t3) adopted April 6, 1993.
(2) Rule 400(b) adopted on April 6, 1993.
(H) South Coast Air Quality Management District.
(1) Rule 403.1, adopted on January 15, 1993.
(I) Sacramento Metropolitan Air Quality Management District.
(1) Rule 105 adopted on April 20, 1993.
(J) Yolo-Solano Air Quality Management District.
(1) Rule 3.18 adopted on July 28, 1993.
[[Page 434]]
(195) New and amended regulations for the following APCDs were
submitted on February 11, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) San Diego Air Pollution Control
District.
(1) Rule 67.17, adopted on September 21, 1993.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.22, adopted on November 9, 1993.
(2) Rule 59, adopted on October 12, 1993.
(196) New and amended regulations for the following APCDs were
submitted on March 29, 1994 by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Sacramento Metropolitan AQMD rules 442, 443, 446, 447, and 452
adopted on November 16, 1993.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.9, adopted on December 21, 1993.
(2) Rule 15.1 adopted on October 12, 1993.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 316, adopted on December 14, 1993.
(2) Rules 325 & 326, adopted on January 25, 1994 and December 14,
1993, respectively.
(3) Rule 343, adopted on December 14, 1993.
(D) Yolo-Solano Air Quality Management District.
(1) Rule 3.2, adopted on August 25, 1993; and rules 3.14 and 3.15,
adopted on September 22, 1993.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 213, amended on February 16, 1994.
(F) [Reserved]
(4) Rule 401, adopted on April 18, 1972 and amended on November 29,
1993.
(197) New and amended regulations for the following APCDs were
submitted on May 24, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1162, 1173, 1175 and 1176, adopted on May 13, 1994.
(2) Rule 463, adopted on March 11, 1994.
(B) Bay Area Air Quality Management District.
(1) Rule 8-6, adopted on February 2, 1994. Rule 8-5, adopted on
January 20, 1993.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4622, adopted on February 17, 1994.
(2) Rule 4681, adopted on December 16, 1993.
(3) Rules 4302 and 4303, adopted on May 21, 1992 and amended on
December 16, 1993.
(4) Rule 4103, adopted on December 16, 1993.
(5) Rule 1081, originally adopted on April 11, 1991 and amended on
December 16, 1993.
(6) Rule 2050, ``Cancellation of Application,'' adopted on May 21,
1992 and amended on December 16, 1993.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.24, adopted on March 8, 1994.
(2) Rule 56, adopted on October 22, 1968, as amended on March 29,
1994.
(E) El Dorado County Air Pollution Control District.
(1) Rules 501, 523, 524, and 525 adopted on April 26, 1994.
(198) New and amended regulations for the following APCDs were
submitted on July 13, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Revised Rule 8-8, adopted on June 15, 1994.
(B) Placer County Air Pollution Control District.
(1) Rule 230, adopted on June 28, 1994.
(2) Rule 229, adopted on June 28, 1994.
(3) Previously approved on December 14, 1994 in paragraph
(c)(198)(i)(B)(1) of this section and now deleted without replacement
Rule 230.
(4) Previously approved on June 8, 2001 in paragraph
(c)(198)(i)(B)(2) of this section and now deleted without replacement
Rule 229.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4407, adopted on May 19, 1994.
[[Page 435]]
(2) Rule 4682 adopted on June 16, 1994 and Rule 4684 adopted on May
19, 1994.
(3) Rule 4607, adopted on May 19, 1994.
(D) Sacramento Metropolitan Air Quality Management District.
(1) Rule 458, adopted on June 7, 1994.
(E) Mojave Desert Air Quality Management District.
(1) Rules 461 and 462, adopted on May 25, 1994.
(2) Rule 1117 adopted June 22, 1994.
(F) Monterey Bay Unified Air Pollution Control District.
(1) Rule 430, adopted on May 25, 1994.
(2) Rule 416, adopted April 20, 1994.
(G) [Reserved]
(H) South Coast Air Quality Management District.
(1) Rule 1146 and Rule 1146.1, adopted May 13, 1994.
(I) San Diego County Air Pollution Control District.
(1) Rule 67.10, adopted on June 15, 1994.
(2) Rule 60 adopted on May 17, 1994.
(J) Ventura County Air Pollution Control District.
(1) Rule 74.28, adopted on May 10, 1994.
(2) Rule 74.30 adopted May 17, 1994.
(3) Rule 64, amended June 14, 1994.
(4) Rule 54, amended on June 14, 1994.
(K) Santa Barbara County Air Pollution Control District.
(1) Rule 354, adopted June 28, 1994.
(2) Rule 359, adopted on June 28, 1994.
(199) New and amended regulations for the following APCDs were
submitted on September 28, 1994 by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Regulation 8, Rules 11 and 16 adopted on June 15, 1994, and
Regulation 8, Rule 28 adopted on June 1, 1994.
(2) Regulation 8, Rules 14 and 43 adopted on June 1, 1994, and
regulation 8, Rules 13, 23, 47 adopted on June 15, 1994.
(3) Rules 8-25 and 8-42, adopted on June 1, 1994 and Rule 8-50,
adopted on June 15, 1994.
(4) Rule 8-22, adopted on June 1, 1994.
(5) Rules 8-29, 8-33, and 8-39, adopted on June 1, 1994, and Rules
8-19 and 8-38, adopted on June 15, 1994.
(6) Rules 8-4, 8-7, 8-15, 8-31, and 8-41 adopted on June 1, 1994.
Rules 8-1, 8-2, 8-12, 8-20, 8-24, 8-30, 8-34, 8-35, and 8-40 adopted on
June 15, 1994. Rule 8-32 adopted on July 6, 1994.
(7) [Reserved]
(8) Regulation 2, Rule 2 and Rule 4 adopted on June 15, 1994.
(9) Previously approved on January 26, 1999 in paragraph
(c)(199)(i)(A)(8) of this section and now deleted with replacement in
(c)(429)(i)(E)(2), Regulation 2, Rule 2 adopted on June 15, 1994.
(10) Previously approved on January 26, 1999 in paragraph
(c)(199)(i)(A)(8) of this section and now deleted with replacement in
(c)(429)(i)(E)(3), Regulation 2, Rule 4 adopted on June 15, 1994.
(B) San Luis Obispo County Air Pollution Control District.
(1) Rule 419, adopted July 12, 1994.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rules 433 and 434, adopted June 15, 1994.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4352, adopted on September 14, 1994.
(2) Rule 4354, adopted on September 14, 1994.
(3) Rules 6010, 6020, 6040, 6050, 6060, 6070, 6080, 6081, 6090,
6100, 6110, 6120, 6130, 6140, and 6150 were adopted on May 21, 1992;
amended on December 17, 1992.
(4) Rule 4301, adopted on May 21, 1992, as amended on December 17,
1992.
(5) Rule 1010 adopted on June 18, 1992 and Rule 1130 adopted on June
18, 1992 and amended on December 17, 1992.
(6) Rules 1110, 1140, 1150, 2010, and 2040 amended on December 17,
1992.
(7) Rule 4202, adopted on December 17, 1992.
(8) Rule 1080, originally adopted on June 18, 1992 and amended on
December 17, 1992.
(9) Previously approved on June 3, 1999 in paragraph
(c)(199)(i)(D)(6) of this section and now deleted without replacement
Rule 2040.
(10) Rules 1040, 1050, 1070 and 1090 adopted on June 18,1992 and
amended on December 17, 1992.
(E) Yolo-Solano Air Quality Management District.
(1) Rule 2.34, adopted on July 13, 1994.
(2) Rule 2.32 adopted on August 10, 1994.
(3) Previously approved on September 3, 1998, in paragraph
(c)(199)(i)(E)(1) of
[[Page 436]]
this section and now deleted with replacement in paragraph
(c)(463)(i)(B)(3) of this section, Rule 2.34, ``Stationary Gas
Turbines,'' adopted on July 13, 1994.
(200) Program elements were submitted on November 13, 1992 by the
Governor's designee.
(i) Incorporation by reference. (A) Small Business Stationary Source
Technical and Environmental Compliance Assistance Program, adopted on
October 15, 1992.
(201) A plan for the following agency was submitted on November 7,
1994 by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) California's Opt-out Program, Executive Order G-125-145, dated
November 7, 1994.
(202) New and amended regulations for the following APCDs were
submitted on October 19, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rule 2-1-249, adopted on June 15, 1994.
(2) Previously approved on April 3, 1995 in paragraph
(c)(202)(i)(A)(1) of this section and now deleted with replacement in
(c)(429)(i)(E)(1), Rule 2-1-249, adopted on June 15, 1994.
(B) Kern County Air Pollution Control District.
(1) Rule 425.3, adopted on October 13, 1994.
(2) Rule 425.1 adopted on October 13, 1994.
(C) San Diego County Air Pollution Control District. (1) Rule 67.4,
adopted on September 27, 1994.
(2) Rule 67.16, adopted on September 20, 1994.
(3) Rule 69.2, adopted on September 27, 1994.
(4) Rule 68, adopted on September 20, 1994.
(5) Rule 69.4, adopted on September 27, 1994.
(6) Rule 69.3, adopted on September 27, 1994.
(D) Mojave Desert Air Quality Management District.
(1) Rule 464, adopted August 24, 1994.
(E) Placer County Air Pollution Control District.
(1) Rule 250, adopted on October 17, 1994.
(2) Rule 233, adopted on October 6, 1994.
(3) Previously approved on August 23, 1995, in paragraph
(c)(202)(i)(E)(1) of this section, and now deleted with replacement in
(c)(474)(i)(A)(1), Rule 250, ``Stationary Gas Turbines,'' adopted on
October 17, 1994.
(F) Yolo-Solano Air Quality Management District.
(1) Rule 3.1, adopted on February 23, 1994.
(2) Previously approved on July 7, 1997 in paragraph
(c)(202)(i)(F)(1) of this section and now deleted without replacement
Rule 3.1, paragraphs 403 and 406.
(203) New and amended regulations for the following APCDs were
submitted on October 20, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) El Dorado County Air Pollution
Control District.
(1) Rule 233 adopted on October 18, 1994.
(2) Rule 229 adopted on September 27, 1994.
(204) New and amended plans and regulations for the following
agencies were submitted on November 15, 1994, by the Governor's
designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Title 17, California Code of Regulations, Subchapter 8.5,
Consumer Products, Article 1, Antiperspirants and Deodorants, Sections
94500-94506.5 and Article 2, Consumer Products, Sections 94507-94517,
adopted on December 27, 1990, August 14, 1991, and September 21, 1992.
(2) Title 13, California Code of Regulations, Diesel Fuel
Regulations, Sections 2281-2282, adopted on August 22, 1989, June 21,
1990, April 15, 1991, October 15, 1993, and August 24, 1994.
(3) Title 13, California Code of Regulations, Reformulated Gasoline
Regulations, Sections 2250, 2252, 2253.4, 2254, 2257, 2260, 2261,
2262.1, 2262.2, 2262.3, 2262.4, 2262.5, 2262.6, 2262.7, 2263, 2264,
2266-2272, and 2296, 2297, adopted on April 1, 1991, May 23, 1991, and
September 18, 1992.
[[Page 437]]
(4) Long Term Measures, Improved Control Technology for Light-Duty
Vehicles (Measure M2), Off-Road Industrial Equipment (Diesel), Consumer
Products Long-Term Program (Measure CP4), and Additional Measures
(Possible Market-Incentive Measures and Possible Operational Measures
Applicable to Heavy-Duty Vehicles), as contained in ``The California
State Implementation Plan for Ozone, Volume II: The Air Resources
Board's Mobile Source and Consumer Products Elements,'' adopted on
November 15, 1994.
(5) Mid-Term Measures, Accelerated Ultra-Low Emission Vehicle (ULEV)
requirement for Medium-Duty Vehicles (Measure M3), Heavy-Duty Vehicles
NOX regulations (Measure M5), Heavy-Duty Gasoline Vehicles
lower emission standards (Measure M8), Industrial Equipment, Gas & LPG--
3-way catalyst technology (Measure M11), Mid-Term Consumer Products
(Measure CP-2), as contained in The California State Implementation Plan
for Ozone, Volume II: The Air Resources Board's Mobile Source and
Consumer Products Elements, adopted on Nov. 15, 1994.
(6) State control measures: Accelerated Retirement of LDV's (Measure
M1), Early Introduction of 2g/bhp-hr Heavy Duty Diesel Vehicles (Measure
M4), Accelerated Retirement of Heavy-Duty Vehicles (Measure M7), Aerosol
Paints (Measure CP3), and California Department of Pesticide
Regulation's Pesticide Plan, as contained in ``The California State
Implementation Plan for Ozone, Volume II: The Air Resources Board's
Mobile Source and Consumer Products Elements,'' adopted on November 15,
1994, and tables of local agency control measures and revisions to local
Rate-of-Progress plan elements as contained in ``The California State
Implementation Plan for Ozone, Volume IV: ``Local Plans,'' adopted on
November 15, 1994.
(7) Previously approved on August 21, 1995, in paragraph
(c)(204)(i)(A)(3) of this section, and now deleted without replacement:
Title 13, California Code of Regulations, Reformulated Gasoline
Regulations, sections 2262.1, 2262.2, and 2262.7.
(B) South Coast Air Quality Management District.
(1) Long Term Measures, Advance Technology for Coating Technologies
(Measure ADV-CTS-01), Advance Technology for Fugitives (Measure ADV-
FUG), Advance Technologies for Process Related Emissions (Measure ADV-
PRC), Advance Technologies for Unspecified Stationary Sources (Measure
ADV-UNSP), and Advance Technology for Coating Technologies (Measure ADV-
CTS-02), as contained in the ``1994 Air Quality Management Plan,''
adopted on September 9, 1994.
(2) Control measures, emissions inventory, modeling, and ozone
attainment demonstration, as contained in ``1994 Air Quality Management
Plan,'' adopted on September 9, 1994.
(C) San Diego Air Pollution Control District.
(1) Emissions inventory, 15% Rate-of-Progress plan, Post-1996 Rate-
of-Progress plan, modeling, and ozone attainment demonstration, as
contained in ``1994 Ozone Attainment and Rate-of-Progress Plans for San
Diego County,'' adopted on November 1, 1994.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Control measures, emissions inventory, 15% Rate-of-Progress
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment
demonstration, as contained in ``San Joaquin Valley Attainment and Rate-
of-Progress Plans,'' adopted on November 14, 1994.
(E) Ventura County Air Pollution Control District.
(1) Control measures, emissions inventory, 15% Rate-of-Progress
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment
demonstration, as contained in ``1994 Air Quality Management Plan for
Ventura County,'' adopted on November 8, 1994.
(F) Mojave Desert Air Quality Management District.
(1) Control measures, emissions inventory, modeling, and ozone
attainment demonstration, as contained in ``Rate-of-Progress and
Attainment Demonstration Plans for the Mojave Desert,'' adopted on
October 26, 1994.
(205) New and amended plans for the following APCDs were submitted
on December 28, 1994, by the Governor's designee.
[[Page 438]]
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Emissions inventory, modeling, and ozone attainment
demonstration, as contained in ``Rate-of-Progress and Attainment
Demonstration Plans for the Kern County Air Pollution Control
District,'' adopted on December 1, 1994.
(B) Bay Area Air Quality Management District.
(1) Amendments to the San Francisco Bay Area Redesignation Request
and Maintenance Plan for the National Ozone Standard and 1990 Emissions
Inventory adopted on September 7, 1994 by the Bay Area Air Quality
Management District, October 5, 1994 by the Metropolitan Transportation
Commission, and August 24, 1994 by the Association of Bay Area
Governments.
(2) Federal General Conformity Regulation, adopted on September 7,
1994.
(206) Amended rule for the following APCD was submitted on November
23, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Rule 67.3, adopted on November 1, 1994.
(207) New and amended regulations for the following APCDs were
submitted on November 30, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) Rule 223, adopted on October 6, 1994.
(2) Rules 101, 102, 103, 201, 202, 203, 204, 208, 209, 210, 211,
213, 214, 217, 219, 220, 221, 222, 225, 226, 228, 406, 407, and 408,
adopted on October 19, 1993; deletion of 104 for Lake Tahoe Air Basin
and Mountain Counties Air Basin submitted on 08/21/ 79 and 10/15/79,
respectively.
(B) El Dorado County Air Pollution Control District.
(1) Rule 224, adopted on September 27, 1994.
(2) Rule 231, adopted September 27, 1994.
(3) Rule 215, adopted on September 27, 1994.
(4) Rules 225 and 230 adopted September 27, 1994.
(5) Rule 502, adopted on November 8, 1994.
(C) Yolo-Solano Air Quality Management District.
(1) Rule 2.21, adopted on March 23, 1994.
(2) Rule 2.28, adopted on May 25, 1994.
(3) Rules 2.25 and 2.33, adopted April 27, 1994 and September 14,
1994, respectively.
(4) Rule 2.13 adopted May 25, 1994.
(5) Rule 2.35, adopted on September 14, 1994.
(6) Rule 2.29, adopted on May 25, 1994.
(7) Rule 2.31, adopted on April 27, 1994.
(8) Rule 2.23 adopted on March 23, 1994.
(D) Mojave Desert Air Quality Management District.
(1) Rule 1102, adopted October 26, 1994.
(2) Rule 1104 adopted September 28, 1994.
(3) Rule 1157 and Rule 1160, adopted on October 26, 1994.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 419, adopted on November 23, 1994.
(2) Appendix G General Conformity, adopted on October 19, 1994.
(F) Great Basin Unified Air Pollution Control District.
(1) Regulation XIII, adopted on October 5, 1994.
(G) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 9110, adopted on October 20, 1994.
(H) Santa Barbara County Air Pollution Control District.
(1) Rule 702, adopted on October 20, 1994.
(I) South Coast Air Quality Management District.
(1) Rule 1901, adopted on September 9, 1994.
(208) New and amended regulations for the following APCDs were
submitted on December 19, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) Rule 410, adopted on November 3, 1994.
(2) Rule 212, adopted on November 3, 1994.
(209) Redesignation Request and Ozone Maintenance Plan for the
redesignation of the Monterey Bay Unified
[[Page 439]]
Air Pollution Control District submitted on July 14, 1994 and November
14, 1994, respectively, by the Governor's designee.
(i) Incorporation by reference. (A) Maintenance Plan for the
redesignation of the Monterey Bay Area adopted on October 19, 1994 by
the Monterey Bay Unified Air Pollution Control District, October 12,
1994 by the Association of Monterey Bay Area Governments, and October 6,
1994 by the Council of San Benito County Governments.
(210) New and amended regulations for the following APCDs were
submitted on December 22, 1994 by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rule 8-45, adopted on November 2, 1994.
(B) San Diego County Air Pollution Control District.
(1) Rule 67.18, adopted on December 13, 1994.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1103, adopted on December 21, 1994.
(2) Rule 471, adopted on December 21, 1994.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 1002, adopted on November 23, 1994.
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4651, adopted on December 17, 1992.
(F) Feather River Air Quality Management District.
(1) Rule 10.4, adopted on November 7, 1994.
(G) Placer County Air Pollution Control District.
(1) Rule 508, adopted on November 3, 1994.
(H) Sacramento Metropolitan Air Quality Management District.
(1) Rule 104, adopted on November 3, 1994.
(211) Revised Clean Air Plans for ozone for the following APCDs
submitted on November 14, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara Air Pollution
Control District
(1) TCM-5, Improve Commuter Public Transit Service, adopted on
November 2, 1994
(2) Emissions inventory, 15% Rate-of-Progress plan, and control
measures, as contained in ``1994 Clean Air Plan for Santa Barbara
County,'' adopted on November 2, 1994.
(212) Ozone redesignation request for the Bay Area Air Quality
Management District submitted on November 5, 1993, by the Governor's
designee.
(i) Incorporation by reference. (A) Redesignation request for the
San Francisco Bay Area and the Ozone Maintenance Plan for the National
Ozone Standard adopted on September 1, 1993 by the Bay Area Air Quality
Management District, September 22, 1993 by the Metropolitan
Transportation Commission, and September 16, 1993 by the Association of
Bay Area Governments.
(213) California Statewide emission inventory submitted on March 30,
1995, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) 1990 Base-Year Emission Inventory for Ozone Nonattainment Areas
in California.
(i) Sacramento, San Diego, San Joaquin Valley, South Coast,
Southeast desert, Ventura.
(ii) Santa Barbara.
(iii) Monterey Bay Area.
(214) New and amended regulations for the following APCDs were
submitted on January 24, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1151, adopted on December 9, 1994.
(B) San Diego County Air Pollution Control District.
(1) Rule 61.1 adopted on January 10, 1995.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 337, adopted October 20, 1994.
(2) Rule 344, adopted on November 10, 1994.
(3) Rule 337, ``Surface Coating of Aerospace Vehicles and
Components,'' revised on June 21, 2012.
(D) Ventura County Air Pollution Control District.
[[Page 440]]
(1) Rule 74.15, adopted on November 8, 1994.
(2) Rule 74.26 and Rule 74.27, adopted on November 8, 1994.
(E) Placer County Air Pollution Control District.
(1) Rule 215, adopted on November 3, 1994.
(215) New and amended regulations for the following APCDs were
submitted on February 24, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1125 and 1126, adopted on January 13, 1995.
(2) Rule 1153 adopted on January 13, 1995.
(3) Rule 1106, adopted on January 13, 1995.
(4) Rule 1164, adopted on January 13, 1995.
(5) Rule 1124, adopted January 13, 1995.
(6) Previously approved on July 14, 1995 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1106.
(7) Previously approved on June 13, 1995 in paragraph
(c)(215)(i)(A)(1) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rules 1125 and 1126.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.12 adopted on January 10, 1995.
(2) Rule 71 and Rule 71.5, adopted on December 13, 1994.
(3) Rule 74.18 adopted December 13, 1994.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4403, adopted on February 16, 1995.
(D) Yolo-Solano Air Pollution Control District.
(1) Rule 2.26 adopted November 9, 1994.
(2) Rule 2.37 adopted on November 9, 1994.
(E) Imperial County Air Pollution Control District.
(1) Rule 925, adopted on November 29, 1994.
(F) Monterey Bay Unified Air Pollution Control District.
(1) Rule 421 adopted on December 21, 1994.
(G) Shasta County Air Quality Management District.
(1) Rule 3:8, ``Enhanced Monitoring and Compliance Certification for
Major Sources as Defined by Title V of the Federal Clean Air Act,''
adopted on January 3, 1995.
(216) New and amended regulations for the following APCDs were
submitted on March 31, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1116, adopted on February 22, 1995.
(2) Rule 221, adopted December 21, 1994.
(3) Rule 1159, adopted on February 22, 1995.
(4) Rule 1114 adopted February 22, 1995.
(B) Bay Area Air Quality Management District.
(1) Amended Regulation 2, Rule 1, Section 129 adopted on February 1,
1995; Amended Regulation 2, Rule 6, Sections 232, 234, 310, 311, 403,
404, 420, 421, 422, 423 adopted on February 1, 1995.
(217) New and amended regulations for the following APCDs were
submitted on February 28, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Amended Regulation 2, Rule 1, Sections 102, 129, 204, 213, 214,
215, 216, 217, 218, 219, 302, 408, 411 adopted November 3, 1993; and New
Regulation 2, Rule 6, Sections 206, 207, 210, 212, 213, 214, 218, 222,
230, 231, 301, 311, 401, 402, 403, 404, 420, 421, 422, 602 adopted
November 3, 1993.
(B) Lake County Air Pollution Control District.
(1) New Regulation 12, section 12.200 (a4), (c2), (d1), (d2), (d3),
(e3), (f1), (f2), (m1), (o1), (p1), (p2), (s3), and sections 12.800-
12.850, adopted October 19, 1993.
(C) South Coast Air Quality Management District.
(1) Rules 204, 206, and 210 amended on October 8, 1993.
[[Page 441]]
(218) New and amended regulations for the Bay Area Air Quality
Management District were submitted on April 29, 1994 by the Governor's
designee.
(i) Incorporation by reference. (A) New Regulation 2, Rule 6,
Sections 310 and 423 adopted November 3, 1993.
(219) New and amended regulations for the following APCDs were
submitted on April 13, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 339, adopted December 15, 1994.
(220) New and amended regulations for the following APCDs were
submitted on May 24, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 323, adopted March 16, 1995.
(B) Placer County Air Pollution Control District.
(1) Rule 218, adopted on February 9, 1995.
(2) Rule 236 adopted on February 9, 1995.
(3) Rule 244, adopted on February 9, 1995.
(C) South Coast Air Quality Management District.
(1) Rule 1121, adopted on March 10, 1995.
(D) San Diego County Air Pollution Control District.
(1) Rule 1501, adopted on March 7, 1995.
(E) Ventura County Air Pollution Control District.
(1) Rule 34 adopted on March 14, 1995.
(221) New and amended regulations for the following APCDs were
submitted on May 25, 1995 by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 411 and Rule 413, adopted on April 6, 1995.
(2) Rule 410.4, adopted on April 6, 1995.
(3) Rule 425.2, adopted on April 6, 1995.
(B) Butte County Air Quality Management District.
(1) Rule 1103, adopted on February 16, 1995.
(222) New and amended regulations for the following APCDs were
submitted on June 16, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1107, 1115, and 1171 adopted on May 12, 1995.
(2) Previously approved on July 14, 1995 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1115.
(B) El Dorado County Air Pollution Control District.
(1) Rule 234, adopted on April 25, 1995.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 411, adopted on February 2, 1995.
(2) Rule 413, adopted on April 6, 1995.
(3) Rule 412, adopted on June 1, 1995.
(D) San Diego County Air Pollution Control District.
(1) Rule 67.24, adopted on March 7, 1995.
(E) Butte County Air Quality Management District.
(1) Rule 403, adopted on November 9, 1993.
(2) Previously approved on May 2, 2001 in paragraph
(c)(222)(i)(E)(1) of this section and now deleted with replacement in
paragraph (c)(457)(i)(C)(2): Rule 403 ``Permit to Operate.''
(F) Imperial County Air Pollution Control District.
(1) Rule 910, ``Enhanced Monitoring,'' adopted March 21, 1995.
(223) Revised ozone transportation control measure (TCM) for the San
Joaquin Valley submitted on March 2, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Railroad Grade Separations TCM,
adopted on September 14, 1994.
(224) New and amended regulations for the following APCDs were
submitted on August 10, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 448 and rule 449, adopted on February 2, 1995.
(B) Ventura County Air Pollution Control District.
(1) Rule 70, adopted on May 9, 1995.
[[Page 442]]
(2) Rule 220, adopted on May 9, 1995.
(3) Rule 74.5.2, adopted on May 5, 1995.
(C) Mojave Desert Air Quality Management District.
(1) Rules 1400, 1401, 1402, 1404. Adopted on June 28, 1995.
(2) Rule 103 amended on June 28, 1995.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 436, adopted on May 17, 1995.
(E) Santa Barbara County Air Pollution Control District.
(1) Amended Rule 370 adopted on June 15, 1995.
(225) New and amended regulations for the following APCDs were
submitted on October 13, 1995 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1130 and 1136 adopted September 8, 1995.
(2) Rule 462, revised on June 9, 1995.
(3) Rule 1166, adopted on July 14, 1995.
(4) Rule 1149, adopted on December 4, 1987 and amended on July 14,
1995.
(B) Placer County Air Pollution Control District.
(1) Rule 238, adopted June 8, 1995.
(2) Rule 212, adopted on June 8, 1995.
(3) Rule 239, revised June 8, 1995.
(4) Rule 235, adopted on June 8, 1995.
(5) Rule 216 adopted on June 8, 1995.
(C) El Dorado County Air Pollution Control District.
(1) Rules 236 and 237, adopted on July 25, 1995 and June 27, 1995,
respectively.
(2) Rule 235 adopted on June 27, 1995.
(3) Rule 520 adopted on June 27, 1995.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4602, adopted June 15, 1995.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 431, adopted on August 16, 1995.
(F) Santa Barbara County Air Pollution Control District.
(1) Rule 330, adopted on April 21, 1995.
(G) Ventura County Air Pollution Control District.
(1) Rule 74.15.1 revised on June 13, 1995.
(2) Rules 10, 11, 12, 13, 14, 15 and 16 adopted on June 13, 1995.
(H) Mohave Desert Air Quality Management District.
(1) Rule 222, adopted on July 31, 1995.
(226) Air Quality Management Plan for the following APCD was
submitted on September 11, 1991, by the Governor's designee.
(i) Incorporation by reference. (A) Great Basin Unified Air
Pollution Control District.
(1) Air Quality Management Plan for the Mammoth Lakes PM-10 Planning
Area adopted December 12, 1990.
(227) New regulation for the following APCD was submitted on October
18, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 2530, adopted on June 15, 1995.
(228) Air Quality Management Plans for the following APCD were
submitted on January 9, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) Great Basin Unified Air
Pollution Control District.
(1) Revisions to the Air Quality Management Plan for Mammoth Lakes
PM-10 Planning Area adopted November 6, 1991.
(i) Rule 431 adopted November 6, 1991.
(ii) Town of Mammoth Lakes Municipal Code Chapter 8.30 dated October
2, 1991.
(iii) Previously approved on October 2, 1991 in paragraph
(c)(228)(i)(A)(1)(ii) of this section and now deleted with replacement
in paragraph (c)(457)(i)(I)(2) of this section, Town of Mammoth Lakes
Municipal Code Chapter 8.30 dated October 2, 1991.
(229) New and amended regulations for the following APCDs were
submitted on January 31, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 461, adopted on September 8, 1995.
(2) Rule 701, adopted on September 9, 1995.
(230) New and amended regulations for the following APCDs were
submitted on March 26, 1996, by the Governors designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
[[Page 443]]
(1) Rule 74.7, adopted on October 10, 1995.
(2) Rule 74.23, adopted on October 10, 1995.
(3) Rule 74.29, adopted on October 10, 1995.
(B) South Coast Air Quality Management District.
(1) Rule 1134, adopted on December 7, 1995.
(2) Rule 102 amended on November 17, 1995.
(C) Kern County Air Pollution Control District.
(1) Rule 427, adopted on January 25, 1996.
(2) Rule 427 adopted on July 2, 1998.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4352, amended on October 19, 1995.
(2) Rule 4304 adopted on October 19, 1995.
(3) Rule 4351 adopted on October 19, 1995.
(E) Butte County Air Quality Management District.
(1) Rule 422, adopted on September 18, 1990.
(2) Previously approved on May 2, 2001 in paragraph
(c)(230)(i)(E)(1) of this section and now deleted without replacement
Rule 422.
(231) New and amended regulations for the following APCDs were
submitted on May 10, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified APCD.
(1) Rules 207 and 215, adopted on March 20, 1996.
(B) Kern County Air Pollution Control District.
(1) Rule 102 and Rule 410.3, adopted on March 7, 1996.
(2) Rule 410.1, Rule 410.5, Rule 411, and Rule 414.5 amended on
March 7, 1996.
(3) Rule 414, adopted on March 7, 1996.
(4) Rule 410.4A, adopted on May 6, 1991 and amended on March 7, 1996
and Rule 410.7, adopted on June 29, 1981 and amended on March 7, 1996.
(5) [Reserved]
(6) Rule 410.4, adopted on June 26, 1979 and amended on March 7,
1996.
(7) Rules 413 adopted on April 18, 1972 and Rule 414.1 adopted on
January 9, 1979, both amended on March 7, 1996.
(8) Previously approved on January 13, 2000, in paragraph
(c)(231)(i)(B)(6) of this section and now deleted with replacement in
paragraph (c)(447)(i)(D)(2) of this section, Rule 410.4, ``Surface
Coating of Metal Parts and Products,'' amended on March 7, 1996.
(9) Previously approved on November 13, 1998 in paragraph
(c)(231)(i)(B)(4) and now deleted with replacement in (c)(447)(i)(D)(5)
Rule 410.4A amended on March 7, 1996.
(C) Mojave Desert Air Quality Management District.
(1) Rule 2002, adopted on October 26, 1994.
(D) Butte County Air Quality Management District.
(1) Rule 1105, adopted on February 15, 1996.
(E) Great Basin Unified Air Pollution Control District.
(1) Rules 218 and 219, adopted on December 4, 1995.
(232) New regulations for the following APCD were submitted on March
21, 1994, by the Governor's designee:
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Regulation XX, adopted October 15, 1993.
(2) Previously approved on November 8, 1996 now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District, Regulation XX.
(233) New and amended plans for the following agencies were
submitted on December 29, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) 15% Rate-of-Progress plan and Post-1996 Rate-of-Progress plan
for the Los Angeles-South Coast Air Basin Area, as contained in the
``Rate-of-Progress Plan Revision: South Coast Air Basin & Antelope
Valley & Coachella/San Jacinto Planning Area,'' adopted on December 9,
1994.
(B) Sacramento Metropolitan Air Quality Management District.
(1) Emissions inventory, Post-1996 Rate-of-Progress plan, modeling,
and ozone attainment demonstration, as contained in ``Sacramento Area
Attainment and Rate-of-Progress Plans,''
[[Page 444]]
adopted by Sacramento Metropolitan Air Quality Management District on
December 1, 1994; by Feather River Air Quality Management District on
December 12, 1994; by El Dorado County Air Pollution Control District on
December 13, 1994; by Yolo-Solano Air Pollution Control District on
December 14, 1994; and by Placer County Air Pollution Control District
on December 20, 1994.
(234) The California Vehicle Inspection and Maintenance Program was
submitted on January 22, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Motor Vehicle Inspection and Maintenance Program adopted on
January 22, 1996.
(i) Health and Safety Code: Division 26, Part 5 Sec. 39032.5;
Chapter 5. Motor Vehicle Inspection Program, Article 1, Article 2,
Article 3, Article 4, Article 5, Article 6, Article 7, Article 8,
Article 9.
(ii) Business and Professions Code, Chapter 20.3, Automotive Repair,
Article 4, Sec. 9886, Sec. 9886.1, Sec. 9886.2, Sec. 9886.4.
(iii) Vehicle Code Sec. 4000.1, Sec. 4000.2, Sec. 4000.3, Sec.
4000.6.
(iv) Title 16, California Code or Regulations, Division 33, Bureau
of Automotive Repair, Article 5.5, Motor Vehicle Inspection Program,
Sec. 3340.1, Sec. 3340.5, Sec. 3340.6, Sec. 3340.10, Sec. 3340.15,
Sec. 3340.16, Sec. 3340.16.5, Sec. 3340.16.6, Sec. 3340.17, Sec.
3340.18, Sec. 3340.22, Sec. 3340.22.1, Sec. 3340.22.2, Sec.
3340.22.3, Sec. 3340.23, Sec. 3340.24, Sec. 3340.28, Sec. 3340.29,
Sec. 3340.30, Sec. 3340.31, Sec. 3340.32, Sec. 3340.32.1, Sec.
3340.33, Sec. 3340.33.1, Sec. 3340.35, Sec. 3340.35, Sec. 3340.36,
Sec. 3340.41, Sec. 3340.41.3, Sec. 3340.41.5, Sec. 3340.42, Sec.
3340.42.1., Sec. 3340.50, Sec. 3340.50.1, Sec. 3340.50.3, Sec.
3340.50.4, Sec. 3340.50.5.
(2) Previously approved on January 8, 1997, in paragraph
(234)(i)(A)(1)(i) of this section, and now deleted without replacement:
Health and Safety Code: Division 26, Part 5, Chapter 5 (Motor Vehicle
Inspection Program), Article 1, sections 44001.6, 44001.7, 44003.1,
44006; Article 2, sections 44015.3, 44022, 44023; Article 3, section
44031; Article 8, sections 44081.5, 44082, 44083.
(3) Previously approved on January 8, 1997, in paragraph
(234)(i)(A)(1)(iv) of this section, and now deleted without replacement:
Title 16, California Code of Regulations, Division 33, Bureau of
Automotive Repair, Article 5.5, Motor Vehicle Inspection Program,
sections 3340.16.6, 3340.42.1.
(235) New and amended regulations for the following APCD were
submitted on December 10, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4901, adopted on July 15, 1993.
(236) New and amended plans for the following agencies were
submitted on June 13, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Letter dated June 13, 1996, from James D. Boyd to David
Howekamp, including ``Corrections to State and Local Measures''
(Attachment A) and ``Summary Emission Reduction Spreadsheets''
(Attachment C).
(237) New and amended plans for the following agencies were
submitted on July 10, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Revised rule adoption schedule, adopted on April 12, 1996.
(238) New and amended plans for the following agencies were
submitted on July 12, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) ``Revised Rule Adoption and Implementation Schedule'' (Table 4-
2) and ``Architectural Coatings'' (Appendix E-95, Tables E-43 and E-45)
contained in ``Ventura County 1995 Air Quality Management Plan
Revision,'' adopted on December 19, 1995.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Post-1996 Rate-of-Progress plan, as contained in ``San Joaquin
Valley Revised Post-1996 Rate-of-Progress Plans,'' adopted on September
20, 1995.
(239) New and amended regulations for the following APCDs were
submitted on July 23, 1996, by the Governor's designee:
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
[[Page 445]]
(1) Rules 1300-1306, adopted on March 25, 1996.
(2) Rule 1115, adopted on March 2, 1992, and amended on April 22,
1996.
(B) South Coast Air Quality Management District.
(1) Rule 1128, adopted on May 4, 1979 and amended on March 8, 1996,
and Rule 1130, adopted on October 3, 1980 and amended on March 8, 1996.
(C) Kern County Air Pollution Control District.
(1) Rules 101, 112, 113, 114, and 115 amended on May 2, 1996.
(2) Rules 108 and 108.1 adopted on May 2, 1996.
(3 ) Rule 201, adopted on April 18, 1972 and amended on May 2, 1996.
(4 ) Rules 202.1, 209.1, 210.2, and 210.5, adopted on December 15,
1980, April 5, 1982, December 28, 1976, and November 18, 1985,
respectively, and amended on May 2, 1996.
(5) Rule 205, (a part of regulation II), ``Permit Renewal,'' adopted
on April 18, 1972 and amended on May 2, 1996.
(i) Resolution of May 2, 1996.
(6) Rule 103.1, Inspection of Public Records,'' amended on May 2,
1996.
(D) Ventura County Air Pollution Control District.
(1) Rule 2 amended on April 9, 1996.
(E) Bay Area Air Quality Management District.
(1) Rule 9-7 adopted on September 15, 1993, Rule 9-8 adopted on
January 20, 1993, Rule 9-9 adopted on September 21, 1994, and Rule 9-12
adopted on January 19, 1994.
(2) Rule 8-4, Rule 8-11, Rule 8-12, Rule 8-13, Rule 8-14, Rule 8-19,
Rule 8-20, Rule 8-23, Rule 8-29, Rule 8-31, Rule 8-32, Rule 8-38, Rule
8-43, Rule 8-45, Rule 8-50 amended on December 20, 1995.
(3) Rule 8-3, adopted on March 1, 1978, revised on December 20,
1995.
(4) Rule 9-11 amended November 15, 1995.
(5) Rule 8-26, adopted on May 7, 1980 and amended on December 20,
1995.
(6) Rule 9-10 adopted on January 5, 1994.
(7) Manual of Procedures, volume I, section 5, adopted on September
16, 1993.
(F) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 8010, 8020, 8030, 8040, 8060, and 8070 adopted on April
25, 1996.
(240) New and amended regulations for the following APCD were
submitted on August 28, 1996 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 212, 1301, 1302, 1309, 1309.1, 1310, and 1313, adopted on
December 7, 1995, Rule 1303, adopted on May 10, 1996, and Rules 1304 and
1306, adopted on June 14, 1996.
(2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2011--Appendix
A, 2012, 2012--Appendix A, and 2015 adopted on October 15, 1993 and
amended on December 7, 1995.
(3) Rule 2012(j)(3)--Testing Guidelines (Protocol) for Alternative
Nitrogen Oxides Emission Rate Determination at Process Units, dated
March 31, 1994, adopted on December 7, 1995.
(4) Rule 2005 adopted on October 15, 1993 and amended on May 10,
1996.
(5) Rule 1136 adopted on September 16, 1983 and amended on June 14,
1996.
(241) New and amended regulations for the following APCD were
submitted on October 18, 1996 by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Rules 2, Definitions; 67.0, Architectural Coatings; 67.1,
Alternative Emission Control Plans; 67.2, Dry Cleaning Equipment Using
Petroleum-Based Solvents; 67.3, Metal Parts and Products Coating
Operations; 67.5, Paper, Film, and Fabric Coating Operations; 67.7,
Cutback and Emulsified Asphalts; 67.12, Polyester Resin Operations;
67.15, Pharmaceutical and Cosmetic Manufacturing Operations; 67.16,
Graphic Arts Operations; 67.17, Storage of Materials Containing Volatile
Organic Compounds; 67.18, Marine Coating Operations; and 67.24, Bakery
Ovens, adopted on May 15, 1996.
(2) Rule 67.4, revised on May 15, 1996.
(3) Rule 66, adopted on July 1, 1972, revised on July 25, 1995.
(4) Rule 19.3 adopted on May 15, 1996.
(5) Rule 67.19, adopted May 15, 1996.
(6) Rule 24, ``Temporary Permit to Operate,'' adopted on March 20,
1996.
(7) Previously approved on March 27, 1997 in paragraph
(c)(241)(i)(A)(1) of this
[[Page 446]]
section and now deleted with replacement by Rule 67.12.1 in paragraph
(c)(488)(i)(A)(2) of this section, Rule 67.12, ``Polyester Resin
Operations,'' adopted on May 15, 1996.
(8) Previously approved on October 24, 2007 in paragraph
(c)(241)(i)(A)(6) of this section, and now deleted with replacement in
paragraph (c)(488)(i)(A)(4) of this section, Rule 24, ``Temporary Permit
to Operate,'' adopted on March 20, 1996.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.27, revised on August 14, 1996.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.19.1, adopted on June 11, 1996.
(2) Rules 74.6.1, 74.6.2, and 74.6.3, adopted on July 9, 1996.
(3) Rule 23 adopted on July 9, 1996.
(D) Kern County Air Pollution Control District.
(1) Rules 416 and 417, adopted on April 18, 1972 and amended on July
11, 1996.
(242) New and amended regulations for the following APCDs were
submitted on November 26, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert AQMD.
(1) Rule 1118, adopted on October 28, 1996.
(2) Previously approved on August 17, 1998 in paragraph
(c)(242)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(485)(B)(1), Rule 1118, adopted on October 28, 1996.
(B) South Coast Air Quality Management District.
(1) Rule 1113, adopted on September 2, 1977 and amended on November
8, 1996.
(2) Rule 1176, adopted on November 3, 1989 and amended on September
13, 1996.
(243) Transportation Air Quality Conformity Procedures and
Transportation Conformity Consultation Procedures for the following AQMD
were submitted on December 16, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) ``The San Francisco Bay Area Transportation Air Quality
Conformity Procedures,'' which includes sections 93.100-93.104 and
sections 93.106-93.136, adopted on November 6, 1996.
(2) ``The San Francisco Bay Area Transportation Air Quality
Conformity Interagency Consultation Procedures,'' adopted on November 6,
1996.
(244) New and amended regulations for the following APCDs were
submitted on March 3, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 101 revised on November 13, 1996.
(2) Rule 404, adopted on October 16, 1996.
(3) Rule 207, amended on December 18, 1996.
(4) Rule 434, adopted on December 18, 1996.
(5) Rule 426 revised December 18, 1996.
(B) San Diego County Air Pollution Control District.
(1) Amended Rule 10, adopted July 25, 1995.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1114 adopted on March 2, 1992 and amended on November 25,
1996.
(2) Rule 403.1, ``Fugitive Dust Control for the Searles Valley
Planning Area'', adopted on June 22, 1994 and amended on November 25,
1996.
(D) South Coast Air Quality Management District.
(1) Rule 1130.1, adopted on August 2, 1991 and amended on December
13, 1996.
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 6030 adopted on May 21, 1992; amended on November 13, 1996.
(2) Rule 4305 adopted on December 19, 1996.
(F) Santa Barbara County Air Pollution Control District.
(1) Rule 323 revised July 18, 1996.
(G) Ventura County Air Pollution Control District.
(1) Rules 74.12, 74.13, 74.18, 74.19, 74.24, and 74.30, amended on
September 10, 1996.
(2) Rule 74.20, revised on January 14, 1997.
(245) New and amended regulations for the following APCDs were
submitted on March 26, 1997, by the Governor's designee.
[[Page 447]]
(i) Incorporation by reference. (A) Yolo-Solano Air Quality
Management District.
(1) Rule 3.4, adopted on December 11, 1996.
(B) San Diego County Air Pollution Control District.
(1) Amended Rule 21, adopted November 29, 1994.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 430, amended on January 15, 1997.
(2) Previously approved on February 9, 1999 in (245)(i)(C)(l) and
now deleted without replacement Rule 430.
(246) New and amended regulations for the following APCDs were
submitted on October 28, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) Northern Sierra Air Quality
Management District.
(1) Rules 101, 202, 203, 204, 206, 207, 208, 209, 210, 221, 222,
223, 225, 300, 301, 314, 315, and 317, adopted on September 11, 1991,
Rule 102 adopted on May 11, 1994, Rule 313 adopted on June 10, 1992, and
Rule 316 adopted on August 14, 1996.
(2) Rule 211, adopted on September 11, 1991.
(3) Previously approved on September 16, 1997 in paragraph
(c)(246)(i)(A)(1) of this section and now deleted without replacement,
Rule 223.
(4) Rule 505, ``Conditional Approval,'' Rule 510, ``Separation of
Emissions,'' Rule 511, ``Combination of Emissions,'' Rule 512,
``Circumvention,'' Rule 515, ``Provision of Sampling and Testing
Facilities,'' and Rule 517, ``Transfer,'' adopted on September 11, 1991.
(5) Rule 501, ``Permit Required'' and Rule 513, ``Source
Recordkeeping,'' amended on May 11, 1994.
(247) New and amended plans for the following agency were submitted
on February 5, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Carbon monoxide emissions inventory, VMT forecasts and
commitments to monitor actual VMT levels and revise and replace the VMT
projections as needed in the future, as contained in the South Coast
1997 Air Quality Management Plan.
(2) Nitrogen dioxide attainment plan and maintenance plan, as
contained in the South Coast 1997 Air Quality Management Plan, adopted
on November 15, 1996.
(3) Baseline and projected emissions inventories and ozone
attainment demonstration, as contained in the South Coast 1997 Air
Quality Management Plan for ozone.
(4) Baseline and projected emissions inventories, SCAQMD commitment
to adopt and implement control measures, reasonable further progress,
contingency measures, attainment demonstration, PM-10 attainment date
extension request to December 31, 2006, as contained in the South Coast
1997 Air Quality Management Plan, with respect to PM-10.
(5) SCAQMD commitment to adopt and implement control measures, as
contained in the Coachella Request for Redesignation and Maintenance
Plan for PM-10.
(6) Appendix V, page V-5-4, Table 5-2--``Carbon Monoxide Emissions
(tons/day) Projected from 1993 through 2000 for the South Coast Air
Basin.''
(248) New and amended regulations for the following APCDs were
submitted on August 1, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District
(1) Rule 67.10 adopted on June 25, 1997.
(2) Rule 67.9, adopted on April 30, 1997.
(3) Rules 52, 53, 54, amended on January 27, 1997.
(B) South Coast AQMD.
(1) Rule 1124, adopted on December 13, 1996.
(2) Rule 403, amended on February 14, 1997, and Rule 1186, adopted
on February 14, 1997.
(3) Rule 1145, adopted on July 8, 1983 and amended on February 14,
1997.
(C) Placer County Air Pollution Control District.
(1) Rule 239, adopted on November 3, 1994 and amended on February
13, 1997.
(D) Mojave Desert Air Quality Management District.
(1) Rule 1157, amended May 19, 1997.
(E) Ventura County Air Pollution Control District.
[[Page 448]]
(1) Rule 70 revised on May 13, 1997.
(F) Bay Area Air Quality Management District.
(1) Regulation 8, Rule 45, adopted on November 6, 1996.
(249) New and amended regulations for the following APCD's were
submitted on September 8, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1122, adopted on March 2, 1979 and amended on July 11,
1997.
(2) Rule 701, amended on June 13, 1997.
(B) Kern County Air Pollution Control District.
(1) Rule 425.2 adopted on October 13, 1994 and amended on July 10,
1997.
(250) New regulations for the following APCD were submitted on
October 31, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 1301 adopted on September 18, 1997.
(251) New and amended plans for the following agency were submitted
on November 5, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Commitments to adopt and implement control measures contained in
the Ventura 1997 Air Quality Management Plan, adopted on October 21,
1997.
(252) Air Quality Management Plan for the following APCD was
submitted on December 28, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Federal 1992 Air Quality Attainment Plan for Carbon Monoxide and
Appendices adopted on November 18, 1992.
(253) Carbon Monoxide Redesignation Request and Maintenance Plan for
ten federal planning areas submitted on July 3, 1996, by the Governor's
designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Carbon Monoxide Redesignation Request and Maintenance Plan for the
following areas: Bakersfield Metropolitan Area, Chico Urbanized Area,
Fresno Urbanized Area, Lake Tahoe North Shore, Lake Tahoe South Shore,
Modesto Urbanized Area, Sacramento Area, San Diego Area, San Francisco-
Oakland-San Jose Area, and Stockton Urbanized Area adopted on April 26,
1996.
(254) New and amended regulations for the following APCDs were
submitted on March 10, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District
(1) Rule 4401 adopted on January 15, 1998.
(2) Rule 4605, adopted on December 19, 1991 and amended on December
19, 1996.
(3) Rules 4602 and 4607, adopted on April 11, 1991 and amended on
September 17, 1997.
(4) Rule 4661, adopted on December 17, 1992.
(5) Rule 4701 adopted on December 19, 1996, and Rule 4703 adopted on
October 16, 1997.
(B) Northern Sonoma County Air Pollution Control District.
(1) Rule 130 amended on July 25, 1995.
(2) Previously approved on February 9, 1999 in paragraph
(c)(254)(i)(B)(1) of this section and now deleted without replacement,
Rule 130.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 102 amended on April 17, 1998.
(2) Rule 339, adopted on November 5, 1991 and revised on April 17,
1997.
(3) Rule 321, adopted on February 24, 1971 and revised on September
18, 1997.
(4) Rule 342 amended on April 17, 1997.
(5) Rule 316 revised on April 17, 1997.
(6) Rule 203, ``Transfer,'' revised April 17, 1997.
(7) Rule 204, ``Applications,'' revised April 17, 1997.
(D) South Coast Air Quality Management District.
(1) Rule 102 amended on June 13, 1997.
(2) Rule 1151, adopted on July 8, 1988 and amended on June 13, 1997,
and Rule 1171, adopted on August 2, 1991 and amended on June 13, 1997.
(3) Rule 1302, amended December 7, 1995.
(4) Rule 1134 adopted on August 8, 1997.
[[Page 449]]
(5) Rule 1138, adopted on November 14, 1997.
(E) Antelope Valley Air Pollution Control District.
(1) Resolution No. 97-01 dated July 1, 1997.
(2) Rules 101 and 102 amended on August 19, 1997 and Rule 103
amended on September 16, 1997.
(3) Rules 201, 203, 204, 205, and 217, adopted on January 9, 1976
and amended on August 19, 1997.
(F) Bay Area Air Quality Management District.
(1) Regulation 5, adopted on November 2, 1994.
(G) Monterey Bay Unified Air Pollution Control District.
(1) Rule 431, adopted on December 17, 1997.
(H) Mojave Desert Air Quality Management District.
(1) Rules 474, 475, and 476 adopted on August 25, 1997.
(2) Rule 1158, adopted on February 22, 1995 and amended on August
25, 1997.
(I) Sacramento Metropolitan Air Quality Management District.
(1) Rule 414, adopted August 1, 1996.
(J) Lake County Air Quality Management District.
(1) Rule 640, as amended on July 15, 1997; and Rule 1350, adopted on
October 15, 1996.
(2) Sections (Rules) 433, adopted on July 15, 1997.
(K) Ventura County Air Pollution Control District.
(1) Rule 59, adopted on October 6, 1969 and amended on July 15,
1997.
(L) Great Basin Unified Air Pollution Control District.
(1) Rule 432, adopted on May 8, 1996.
(255) New and amended regulations for the following APCD's were
submitted on May 18, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 450, adopted on July 23, 1981 and amended on December 5,
1996, and Rule 459, adopted on December 7, 1995 and amended on October
2, 1997.
(2) Rules 101, 442, 443, 447, 452, 456, and 458, adopted on
September 5, 1996.
(3) Rule 454, adopted on June 5, 1979 and amended on April 3, 1997.
(4) Rule 413, amended May 1, 1997.
(5) Rule 449, adopted on April 3, 1997.
(6) Rule 105, Emission Statement, adopted on April 20, 1993, and
amended September 5, 1996.
(7) Previously approved on November 9, 1998, in paragraph
(c)(255)(i)(A)(2) of this section and now deleted with replacement in
paragraph (c)(474)(i)(B)(1) of this section, Rule 442, adopted on
September 5, 1996.
(B) North Coast Unified Air Quality Management District.
(1) Rule 130 amended September 26, 1997.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1020, amended December 18, 1997.
(D) Lake County Air Quality Management District.
(1) Rule 1002, as amended on March 19, 1996.
(2) Section (Rule) 439.5, adopted on July 15, 1997.
(E) Placer County Air Pollution Control District.
(1) Rule 102, adopted June 19, 1997.
(F) South Coast Air Quality Management District.
(1) Rule 1146.2, adopted on January 9, 1998.
(G) Ventura County Air Pollution Control District.
(1) Rules 26.1, 26.2, 26.3, 26.4, 26.5, 26.6 and 26.10 adopted on
January 13, 1998.
(2) Previously approved on December 7, 2000, in paragraph
(c)(255)(i)(G)(1) of this section and now deleted without replacement
Rule 26.10.
(256) New and amended regulations for the following APCDs were
submitted on June 23, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Regulation 1, revised on November 3, 1993.
(2) Rule 8-51, adopted on November 18, 1992 and amended on January
7, 1998.
(B) San Diego County Air Pollution Control District.
(1) Rule 50, adopted on August 13, 1997.
(C) Kern County Air Pollution Control District.
(1) Rule 410.3, adopted on June 26, 1979 and revised on May 7, 1998.
[[Page 450]]
(2) Rule 409, adopted on April 18, 1972, as amended on May 7, 1998.
(D) Antelope Valley Air Pollution Control District.
(1) Rule 701 was amended on January 20, 1998.
(E) El Dorado County Pollution Control District .
(1) Rule 239 adopted on March 24, 1998.
(F) Ventura County Air Pollution Control District.
(1) Rule 74.10, adopted on September 29, 1981 and amended on March
10, 1998.
(G) Sacramento Metropolitan Air Quality Management District.
(1) Rule 447 amended on April 2, 1998.
(257) Plan revisions for the Coachella Valley Planning Area were
submitted on February 16, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Fugitive dust control ordinances
for: City of Cathedral City Ordinance No. 377, adopted on February 18,
1993; City of Coachella Ordinance No. 715, adopted on October 6, 1993;
City of Desert Hot Springs Ordinance No. 93-2, adopted on May 18, 1993;
City of Indian Wells Ordinance No. 313, adopted on February 4, 1993;
City of Indio Ordinance No. 1138, adopted on March 17, 1993; City of La
Quinta Ordinance No. 219, adopted on December 15, 1992; City of Palm
Desert Ordinance No. 701, adopted on January 14, 1993; City of Palm
Springs Ordinance No. 1439, adopted on April 21, 1993; City of Rancho
Mirage Ordinance No. 575, adopted on August 5, 1993; and County of
Riverside Ordinance No. 742, adopted on January 4, 1994.
(258) New and amended regulations for the following APCD's were
submitted on June 3, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 433, adopted on June 15, 1994 and revised on March 26,
1997.
(2) Rule 215, amended on March 26, 1997.
(3) Rule 425, adopted on March 26, 1997.
(259) New and amended regulations for the following APCDs were
submitted on December 3, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) Yolo-Solano Air Quality
Management District.
(1) Rule 10.3, adopted on February 8, 1995.
(260) New and amended regulations for the following APCDs were
submitted on October 27, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 101, amended on September 3, 1998.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 2020 adopted on September 17, 1998.
(C) Kern County Air Pollution Control District.
(1) Rule 208, originally adopted on April 18, 1972, amended on
September 17, 1998.
(261) New and amended regulations for the following APCDs were
submitted on January 12, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 101, adopted November 12, 1998.
(262) New and amended regulations for the following APCDs were
submitted on February 16, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Regulation 1, adopted on October 7, 1998.
(2) Previously approved on June 28, 1999 in paragraph
(c)(262)(i)(A)(1) of this section and now deleted without replacement
Regulation 1, Rules 402 and 402.1.
(B) Ventura County Air Pollution Control District.
(1) Rule 2, adopted November 10, 1998.
(2) Rule 74.24.1, adopted on November 10, 1998.
(3) Rule 74.6, revised on November 10, 1998.
(C) South Coast Air Quality Management District.
(1) Rule 1107, adopted on June 1, 1979 and amended on August 14,
1998.
(2) Rule 1151, adopted on December 11, 1998.
[[Page 451]]
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4606 adopted on December 19, 1991 and amended on December
17, 1998.
(E) Antelope Valley Air Pollution Control District.
(1) Rule 1171, adopted on November 17, 1998.
(2) [Reserved]
(3) Rule 226, adopted on March 17, 1998 and amended on July 21,
1998.
(263) New and amended regulations for the following APCDs were
submitted on May 13, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1103, adopted on March 12, 1999.
(2) Rule 102 adopted on February 4, 1977 and amended on June 12,
1998.
(3) Rules 403 and 1186, amended on December 11, 1998.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 102 adopted on January 21, 1999.
(2) Rule 351 adopted on August 24, 1993 and amended on August 20,
1998.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 464, adopted on July 23, 1998.
(D) Tehama County Air Pollution Control District.
(1) Rule 4:31 adopted on March 14, 1995, Rule 4:34 adopted on June
3, 1997, and Rule 4.37 adopted on April 21, 1998.
(2) Rule 4.14 adopted on November 3, 1998.
(264) New and amended regulations for the following APCDs were
submitted on June 3, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 462, adopted on May 14, 1999.
(2) Rule 1106.1, adopted on May 1, 1992, and amended on February 12,
1999.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.30, adopted on April 14, 1999.
(C) Ventura County Air Pollution Control District.
(1) Rule 64, adopted on April 13, 1999.
(2) Rule 103 adopted on February 9, 1999.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 1002, adopted on April 21, 1999.
(265) New and amended plans for the following agencies were
submitted on May 20, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Executive Order G-99-037, dated May 20, 1999, State commitment
to continue working with U.S. EPA and the affected parties to achieve
the emission reductions identified in the SIP for federal measures, and
to adopt by December 31, 2000, and submit as a SIP revision, a revised
attainment demonstration for the federal one-hour ozone standard in the
South Coast Air Basin, and adopt by December 31, 2001, control measures
needed to achieve any additional emission reductions which are
determined to be appropriate for ARB; Attachment A, update to the 1994
ozone SIP for the South Coast.
(266) New and amended regulations for the following APCDs were
submitted on September 29, 1998 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1168, adopted on April 7, 1989, and amended February 13,
1998.
(2) Rule 431.1, adopted on November 4, 1997 and amended on June 12,
1998.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4653, adopted on March 19, 1998.
(2) Rule 4354, adopted on April 16, 1998.
(3) Rule 2201 adopted on August 20, 1998.
(4) Rule 4642, adopted on April 16, 1998.
(267) New plan for Owens Valley PM-10 Planning Area for the
following agency was submitted on December 10, 1998 by the Governor's
designee.
(i) Incorporation by reference. (A) Great Basin Unified APCD.
(1) Owens Valley PM-10 Planning Area Demonstration of Attainment
State Implementation Plan, Section 7-4, Commitment to adopt 2003 SIP
Revision and Section 8-2, the Board Order
[[Page 452]]
adopted on November 16, 1998 with Exhibit 1.
(268) New and amended regulations for the following agencies were
submitted on July 23, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 2005 adopted on April 9, 1999.
(2) Rule 218, ``Continuous Emission Monitoring,'' amended on May 14,
1999.
(3) Rule 218.1, ``Continuous Emission Monitoring Performance
Specification,'' adopted on May 14, 1999.
(B) Mojave Desert Air Quality Management District.
(1) Rule 1116 revised on April 26, 1999.
(C) Lake County Air Quality Management District.
(1) Section (Rule) 226.5, adopted on September 13, 1988.
(269) New and amended regulations for the following APCDs were
submitted on September 7, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 102, adopted on April 18, 1972 and amended on July 1, 1999.
(B) San Diego County Air Pollution Control District.
(1) Rule 2, adopted on June 30, 1999.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1020, adopted on June 18, 1992 and amended on June 17,
1999.
(2) Rule 4452 adopted on December 17, 1992.
(D) South Coast Air Quality Management District.
(1) Rule 102, adopted on February 4, 1997 and amended on April 9,
1999.
(270) New and amended regulations for the following APCDs were
submitted on October 29, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 37 adopted September 14, 1999.
(2) Previously approved on December 13, 1999 in paragraph
(c)(270)(i)(A)(1) of this section and now deleted without replacement,
Ventura County Rule 37.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 207, amended on September 15, 1999.
(C) South Coast Air Quality Management District.
(1) Amended Rule 465, adopted on August 13, 1999.
(2) Rule 1104 adopted on April 7, 1978 and amended on August 13,
1999.
(3) Rule 1158, adopted on June 11, 1999.
(D) Santa Barbara County Air Pollution Control District.
(1) Rule 353, adopted on August 19, 1999.
(E) Antelope Valley Air Pollution Control District.
(1) Rule 1151 adopted on July 20, 1999.
(2) Rule 2220, ``Transportation Outreach Program,'' adopted on
January 19, 1999.
(271) New and amended regulations for the following agencies were
submitted on August 22, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 2002 adopted on February 14, 1997.
(272) New and amended plan for the following agency was submitted on
February 4, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) SCAQMD commitment to adopt and implement short- and
intermediate-term control measures; SCAQMD commitment to adopt and
implement long-term control measures; SCAQMD commitment to achieve
overall emissions reductions for the years 1999-2008; SCAQMD commitment
to implement those measures that had been adopted in regulatory form
between November 1994 and September 1999; rate-of-progress plan for the
1999, 2002, 2005, 2008, and 2010 milestone years; amendment to the
attainment demonstration in the 1997 Air Quality Management Plan for
ozone; and motor vehicle emissions budgets for purposes of
transportation conformity, as contained in the 1999 Amendment to the
South Coast 1997 Air Quality Management Plan.
(2) SCAQMD commitment to adopt and implement control measures, as
[[Page 453]]
contained in the 1999 Amendment to the South Coast Air Quality
Management Plan, with respect to PM-10.
(273) New and amended regulations for the following APCD's were
submitted on August 21, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4621, amended on June 18, 1998.
(2) Rule 4622, adopted on June 18, 1998.
(274) New and amended regulations for the following APCD were
submitted on June 29, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1161, adopted on June 28, 1995.
(275) New and amended plan for the following agency was submitted on
March 19, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Control measures 333, 352, 353, T13, T18, T21, and T22; 1999
rate-of-progress plan; and motor vehicle emissions budgets (cited on
page 5-4), as contained in the Santa Barbara 1998 Clean Air Plan.
(ii) Additional materials. (A) Santa Barbara County Air Pollution
Control District.
(1) Baseline and projected emissions inventories, and ozone
attainment demonstration, as contained in the Santa Barbara 1998 Clean
Air Plan.
(276) New and amended regulations for the following APCDs were
submitted on February 23, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rules 101 and 102, adopted on December 15, 1999.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4661, adopted on December 9, 1999.
(277) New and amended regulations for the following APCDs were
submitted on March 28, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 330, adopted on June 11, 1979 and amended on January 20,
2000.
(B) Sacramento Metropolitan Air Quality Management District.
(1) Rule 701, adopted on May 27, 1999.
(C) Bay Area Air Quality Management District.
(1) Rule 8-11 adopted on January 24, 1979 and amended on November
19, 1997.
(2) Rule 8.20, amended on March 3, 1999.
(3) Rule 8-16, adopted on March 7, 1979 and amended on September 15,
1998.
(4) Rule 8-40 amended December 15, 1999.
(5) Bay Area Air Quality Management District Rule 8-52, adopted on
July 7, 1999.
(6) Rule 8-7, adopted on November 17, 1999.
(7) Rule 8-5 adopted on December 15, 1999 and Rule 8-18 adopted on
January 7, 1998.
(8) Rule 8-28, adopted on July 16, 1980 and amended on March 18,
1998.
(D) South Coast Air Quality Management District.
(1) Rule 1121 adopted on December 10, 1999.
(278) New and amended regulations for the following APCDs were
submitted on January 21, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1130 amended on October 8, 1999.
(2) Rule 1186, adopted on September 10, 1999.
(3) Previously approved on January 21, 2000 in paragraph
(c)(278)(i)(A)(2) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rule 1186.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 352 adopted on September 16, 1999.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.11.1 adopted on September 14, 1999.
[[Page 454]]
(2) Rules 57 and 68, adopted on June 14, 1977.
(279) New and amended regulations for the following APCDs were
submitted on May 26, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 426 amended September 14, 1999
(2) Rules 101, 408, 409, 420, 421, 701, and 702, adopted on
September 14, 1999.
(3) Rule 416, adopted on September 14, 1999.
(4) Rules 109 and 110 adopted on September 14, 1999.
(5) Rule 427, adopted on September 14, 1999.
(6) Rules 100 and 113, adopted on September 14, 1999.
(7) Rule 405, adopted on September 14, 1999.
(8) Rule 417 adopted on September 14, 1999.
(9) Rule 415, adopted on September 14, 1999.
(10) Rule 115 adopted on November 19, 1985 and amended on September
14, 1999.
(11) Rule 400, revised on September 14, 1999.
(12) Rule 201, adopted prior to October 15, 1979 and revised on
September 14, 1999.
(13) Rule 208, adopted March 17, 1980 and revised on September 14,
1999.
(14) Rules 203, 205, and 206, adopted on November 19, 1985 and
revised on September 14, 1999.
(15) Rule 204, ``Applications,'' revised on September 14, 1999.
(16) Previously approved on January 3, 2007 in paragraph
(c)(279)(i)(A)(14) of this section and now deleted with replacement in
paragraph (c)(442)(i)(A)(5) of this section, Rule 206.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 404, Monterey Bay Unified APCD, adopted on March 22, 2000.
(2) Rule 403, adopted on March 22, 2000.
(3) Rule 400, adopted July 1, 1969 and amended on March 22, 2000.
(280) New and amended regulations for the following APCDs were
submitted on July 26, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1189, adopted on January 21, 2000.
(2) Rule 461, adopted on April 21, 2000.
(3) Rule 1150.1, adopted on April 5, 1985 and amended on March 17,
2000.
(B) El Dorado County Air Pollution Control District.
(1) Rule 240, adopted on February 15, 2000.
(C) Yolo-Solano Air Quality Management District.
(1) Rule 1.1, revised on August 13, 1997.
(2) Rule 101, adopted on February 15, 2000.
(281) New and amended regulations for the following APCDs were
submitted on May 23, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) El Dorado County Air Pollution
Control District.
(1) Rules 238, 244, and 245, adopted on March 27, 2001.
(2) Rule 229, adopted on January 23, 2001.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 213 adopted on March 21, 2001.
(282) New and amended regulations for the following APCDs were
submitted on May 31, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1631, 1632, 1633, and 2507 adopted on May 11, 2001.
(2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2010, 2011, 2012,
2015, and 2020 adopted on May 11, 2001; and Rules 2011-2 and 2012-2
adopted on March 16, 2001.
(B) Bay Area Air Quality Management District.
(1) Rule 8-51, revised on May 2, 2001.
(C) Monterey Bay Unified Air Pollution Control District
(1) Rule 205, ``Provision of Sampling and Testing Facilities,''
revised on March 21, 2001.
(2) Rule 204, ``Cancellation of Applications,'' revised on March 21,
2001.
(3) Rule 206, ``Standards for Issuing Authorities to Construct and
Permits to Operate,'' revised on March 21, 2001.
[[Page 455]]
(283) San Francisco Bay Area Ozone Attainment Plan for the 1-Hour
National Ozone Standard, June 1999, was submitted on August 13, 1999 by
the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Tables 10 and 12 of the San Francisco Bay Area Ozone Attainment
Plan for the 1-Hour National Ozone Standard, June 1999, which detail the
commitment to adopt and implement any combination of new control
measures to achieve 11 ton per day reduction in VOC emissions by June
2000.
(2) Contingency measures, Table 18, ``Post-Attainment Year (2000-
2003) Inventory Reductions Reflected in the SIP''.
(284) New and amended regulations for the following APCDs were
submitted on May 8, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rules 429 adopted on September 16, 1987 and amended on January
17, 2001 and Rule 434 adopted on June 15, 1994 and amended on January
17, 2001.
(2) Rules 418 and 419, adopted on December 13, 2000.
(3) Rule 416, adopted on September 1, 1974 and amended on January
17, 2001.
(4) Rule 433, adopted on January 17, 2001.
(5) Rule 200, ``Permits Required,'' revised on December 13, 2000.
(B) South Coast Air Quality Management District.
(1)Rule 1612.1 adopted on March 16, 2001.
(2) Rule 1146, adopted on November 17, 2000.
(3) Rule 442 adopted on May 7, 1976 and amended on December 15,
2000.
(4) Rule 1102, adopted on January 6, 1978 and amended on November
17, 2000.
(5) Rule 1131 adopted on September 15, 2000.
(6) Rule 1132, adopted on January 19, 2001.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 326 adopted on December 14, 1993, and amended on January
18, 2001.
(2) Rule 346, adopted on January 18, 2001.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.9, adopted on July 21, 1981 and amended on November 14,
2000.
(2) Rule 70, adopted on November 14, 2000.
(285) New and amended regulations for the following APCDs were
submitted on December 11, 2000 by Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 74.15.1, adopted on June 13, 2000.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4603 adopted on April 11, 1991 and amended on September 21,
2000.
(C) Bay Area Air Quality Management District.
(1) Rule 9-11, adopted on May 17, 2000.
(2) Regulation 8, Rule 34, adopted on October 6, 1999.
(D) Antelope Valley Air Pollution Control District.
(1) Rule 701, adopted on July 18, 2000.
(E) San Diego County Air Pollution Control District.
(1) Rule 61.2, amended on July 26, 2000.
(286) New and amended regulations for the following APCDs were
submitted on March 14, 2001 by Governor's designee.
(i) Incorporation by reference. (A) South Coast AQMD.
(1) Rule 109 amended on August 18, 2000, Rule 481 amended on
November 17, 2000, Rule 1107 amended on November 17, 2000, Rule 1141.1
amended on November 17, 2000, Rule 1141.2 amended on November 17, 2000,
and Rule 1162 amended on November 17, 2000.
(2) Rule 1168, amended on September 15, 2000.
(3) Rule 1141 adopted on July 8, 1983, and amended on November 17,
2000.
(287) New and amended regulations for the following APCD were
submitted on November 8, 2001 by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1161 adopted on October 22, 2001.
[[Page 456]]
(288) New and amended regulations for the following APCDs were
submitted on October 30, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rules 4103 and 4106, adopted on June 21, 2001.
(B) Lake County Air Quality Management District.
(1) Sections [Rules] 203, 204.5, 208.3, 208.8, 226.4, 226.5, 240.8,
246, 248.3, 248.5, 249.5, 251.7, 270, 431, 431.5, 433, 434, 1000, 1001,
1003, 1105, 1107, 1130, 1140, 1145, 1150, 1160, and 1170, adopted on
June 19, 2001.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.19 adopted on August 11, 1992 and amended on April 10,
2001.
(D) Imperial County Air Pollution Control District.
(1) Rules 412 and 413 adopted on January 16, 2001.
(2) Rule 403, adopted on November 19, 1985 and revised on July 24,
2001.
(E) South Coast Air Quality Management District.
(1) Rule 2005 adopted on April 20, 2001.
(289) New and amended regulation for the following AQMD were
submitted on November 28, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) Yolo-Solano Air Quality
Management District.
(1) Rule 2.32 adopted on October 10, 2001.
(290) New and amended regulations for the following APCDs were
submitted on December 14, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 427, adopted on November 1, 2001.
(291) [Reserved]
(292) New and amended regulations for the following APCDs were
submitted on November 7, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Air Pollution
Control District.
(1) Rule 431, adopted on October 17, 2001.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 325 adopted on January 25, 1994, and amended on July 19,
2001.
(293) New and amended regulations for the following APCDs were
submitted on January 22, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 208 and 444, adopted on December 21, 2001.
(2) Rule 1124 adopted on July 6, 1979, and amended on September 21,
2001.
(3) Rule 1634, adopted on November 9, 2001.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.14, adopted on November 14, 2001.
(2) Previously approved on January 2, 2004 in paragraph
(c)(293)(i)(B)(1) of this section and now deleted with replacement in
(c)(497)(i)(D)(2), Rule 2.14, adopted on November 14, 2001.
(294) New and amended regulations for the following APCD were
submitted on February 20, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4653, amended on December 20, 2001.
(2) Rule 4603 adopted on April 11, 1991, and amended on December 20,
2001.
(3) Rule 4602 adopted on April 11, 1991 and amended on December 20,
2001; Rule 4604 adopted on April 11, 1991 and amended on December 20,
2001; Rule 4606 adopted on December 19, 1991 and amended on December 20,
2001; Rule 4607 adopted on April 11, 1991 and amended on December 20,
2001; and, Rule 4684 adopted on May 19, 1994 and amended on December 20,
2001.
(4) Rule 4661, adopted on May 21, 1992 and amended on December 20,
2001, Rule 4662, adopted April 11, 1991 and amended on December 20,
2001, and Rule 4663, adopted on December 20, 2001.
(5) Rule 4605 adopted on December 19, 1991 and amended on December
20, 2001.
(295) New and amended regulations for the following APCD were
submitted on February 8, 2002, by the Governor's designee.
[[Page 457]]
(i) Incorporation by reference. (A) Tehama County Air Pollution
Control District.
(1) Rules 4:31 and 4:37 adopted on January 29, 2002.
(296) New and amended regulations for the following APCD were
submitted on November 9, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) El Dorado County Air Pollution
Control District.
(1) Rule 244 adopted on March 27, 2001, and amended on September 25,
2001.
(2) Rule 232, adopted on October 18, 1994 and amended on September
25, 2001.
(297) New and amended regulations for the following APCDs were
submitted on March 15, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 74.6, adopted on January 8, 2002.
(2) Rule 74.29 adopted on October 10, 1995, and amended on January
8, 2002.
(3) Rule 74.24.1 adopted on November 10, 1998, and amended on
January 8, 2002.
(4) Rule 74.23, adopted on January 8, 2002.
(5) Rule 74.2, adopted on November 13, 2001.
(B) Imperial County Air Pollution Control District.
(1) Rule 101, adopted on July 28, 1981 and amended on December 11,
2001.
(C) South Coast Air Quality Management District.
(1) Rule 1107 adopted on June 1, 1979, and amended on November 9,
2001.
(2) Rule 518.2 adopted on January 12, 1996, amended on December 21,
2001.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 427, adopted on January 16, 1980 and amended on December
19, 2001.
(2) Rule 417 adopted on September 1, 1974, and amended on December
19, 2001.
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4601, adopted on October 31, 2001.
(2) Rule 4623, adopted on April 11, 1991 and amended on December 20,
2001.
(F) Santa Barbara County Air Pollution Control District.
(1) Rule 323, adopted on November 15, 2001.
(298) New and amended contingency measures for the following APCDs
were submitted on May 29, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) 2001 Clean Air Plan Contingency Control Measures R-SC-1
(Architectural Coatings); N-IC-1 and N-IC-3 (Control of Emissions from
Reciprocating Internal Combustion Engines); N-XC-2 (Large Water Heaters
and Small Boilers, Steam Generators, and Process Heaters); R-SL-2
(Solvent Degreasers) [incorrectly identified as CAP Control Measure R-
SL-1 in Table 4-3, ``Proposed APCD Control Measures'']; R-SL-2 (Solvent
Cleaning Operations); N-IC-2 (Gas Turbines); R-SL-4 (Electronic
Industry--Semiconductor Manufacturing); N-XC-4 (Small Industrial and
Commercial Boilers, Steam Generators, and Process Heaters), adopted on
November 15, 2001.
(299) Amended regulation for the following APCD was submitted on
July 2, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) El Dorado County Air Pollution
Control District.
(1) Rule 233, adopted on October 18, 1994, and amended on June 11,
2002.
(300) Amended regulations for the following APCDs were submitted on
June 18, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1161 amended on March 25, 2002.
(B) Bay Area Air Quality Management District.
(1) Rule 8-3, adopted on November 21, 2001.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 426, adopted on April 17, 2002.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4703 adopted on April 25, 2002.
(301) Amended regulation for the following APCD was submitted on
March 5, 2002, by the Governor's designee.
[[Page 458]]
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4354, adopted September 14, 1994 and amended February 21,
2002.
(302) New and amended regulations for the following APCDs were
submitted on October 16, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 701, revised on August 13, 2002.
(2) Rule 101, adopted on August 13, 2002.
(3) Rule 420 adopted on November 11, 1985, and amended on August 13,
2002.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 408, adopted on September 1, 1974 and revised on August 21,
2002.
(2) Rule 415, adopted on August 21, 2002.
(3) Rule 414, adopted on August 21, 2002.
(4) Rules 412 and 413, adopted on September 1, 1974 and revised on
August 21, 2002.
(303) New and amended regulations for the following APCDs were
submitted on August 6, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 401, adopted on October 18, 1971 and revised on May 16,
2002.
(B) Yolo Solano Air Quality Management District.
(1) Rule 2.22, revised on June 12, 2002.
(2) Rule 2.21, adopted on March 23, 1994 and amended on June 12,
2002.
(3) Previously approved on January 23, 2003, in paragraph
(c)(303)(i)(B)(1) of this section and now deleted with replacement in
paragraph (c)(463)(i)(B)(2) of this section, Rule 2.22, ``Gasoline
Dispensing Facilities,'' revised on June 12, 2002.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4311 adopted on June 20, 2002.
(2) Rule 4661, adopted on May 16, 2002.
(3) Rule 4693, adopted on May 16, 2002.
(4) Rule 3170, ``Federally Mandated Ozone Nonattainment Fee,''
adopted on May 16, 2002.(304) New and amended regulations for the
following APCD were submitted on December 6, 2001, by the Governor's
designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rules 8011, 8021, 8031, 8041, 8051, 8061, 8071, and 8081,
adopted on November 15, 2001.
(305) Amended regulations for the following APCD were submitted on
May 20, 2002 by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rules 10, 26.1, 26.2, 26.3, 26.4, 26.6, and 26.11 adopted on May
14, 2002.
(306) The following plan was submitted on December 5, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) PM-10 (Respirable Dust) Attainment Demonstration, Maintenance
Plan, and Redesignation Request (excluding pages 4-1, 4-2, 6-1, 6-2,
Appendix A, and pages D-12 through D-37 of Appendix D) adopted on
September 5, 2002.
(B) California Air Resources Board, California.
(1) California Air Resources Board Executive Order G-125-295 adopted
on December 4, 2002.
(307) New and amended regulations for the following APCDs were
submitted on November 19, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 449, adopted on February 5, 1975 and amended on September
26, 2002.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4622, adopted on May 21, 1992 and amended on September 19,
2002.
(C) San Diego County Air Pollution Control District.
(1) Rule 101, adopted on September 25, 2002.
(2) Rule 67.11.1, adopted on September 25, 2002.
(3) Rule 67.11, ``Wood Products Coating Operations,'' adopted on
June 27, 2012 and effective on June 27, 2013.
(D) South Coast Air Quality Management District.
[[Page 459]]
(1) Rule 1137 adopted on February 1, 2002.
(308) New and amended regulations for the following APCDs were
submitted on December 12, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rule 8-7, amended on November 6, 2002.
(B) Lake County Air Quality Management District.
(1) Sections 226.5, 232.1, 238.5, 249.3, 250.5, 433.5, 436, and
436.5, adopted on October 1, 2002 and Sections 431.5, 431.7, 432.5, and
433, amended on October 1, 2002.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 307, adopted on September 26, 2002.
(D) South Coast Air Quality Management District.
(1) Rule 1631, amended on October 4, 2002.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 203, ``Application,'' revised October 16, 2002.
(2) Rule 212, ``Public Availability of Emission Data,'' revised on
October 16, 2002.
(309) New and amended plan for the following agency was submitted on
November 18, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District (SCAQMD).
(1) SCAQMD commitment to adopt and implement control measures, and
reasonable further progress, as contained in the Implementation Status
of the PM-10 Portion of the 1997 AQMP and PM-10 Emissions Budgets for
Transportation Conformity use (2002 status report) adopted by SCAQMD on
June 7, 2002.
(2) Baseline and projected emissions inventories, SCAQMD commitment
to adopt and implement control measures, reasonable further progress,
contingency measures, attainment demonstration, PM-10 attainment date
extension, and motor vehicle emissions budgets, as contained in Chapters
3, 4, 5, 6 and 8 of the 2002 Coachella Valley PM-10 SIP adopted by
SCAQMD on June 21, 2002, and the 2002 Coachella Valley PM-10 SIP
Addendum (Appendix E) adopted by SCAQMD on September 13, 2002.
(310) New and amended rules for the following districts were
submitted on May 21, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4692, adopted on March 21, 2002.
(B) South Coast Air Quality Management District.
(1) Rule 1178 adopted on December 21, 2001; Rule 481 adopted on
October 7, 1977 and amended on January 11, 2002; and, Rule 1141.2
adopted on July 6, 1984 and amended on January 11, 2002.
(311) New and amended rules for the following districts were
submitted on December 23, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1171, adopted on August 2, 1991 and amended on August 2,
2002.
(2) Previously approved on June 3, 2003 in paragraph
(c)(311)(i)(A)(1) of this section and now deleted without replacement,
Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171.
(3) Rule 1309.1, adopted on May 3, 2002.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 2020 and 2201 adopted on December 19, 2002.
(312) New and amended rules for the following districts were
submitted on January 21, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rules 8.5 and 8.18, amended on November 27, 2002, and adopted on
January 1, 1978 and October 1, 1980, respectively.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 360, adopted on October 17, 2002.
(313) New and amended plan for the following agency was submitted on
December 20, 2002, by the Governor's designee.
[[Page 460]]
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Ozone Redesignation Request and Maintenance Plan for San Diego
County, including motor vehicle emissions budgets for 2010 and 2014,
Resolution 02-389, adopted on December 11, 2002.
(314) New and amended plan for the following agency was submitted on
February 21, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Emission Inventories, 1-hour ozone maintenance demonstration,
commitments to continue ambient monitoring and to track progress, and
contingency measures, as contained in the Final 2001 Clean Air Plan
adopted on December 19, 2002.
(315) New and amended regulations for the following APCDs were
submitted on April 1, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rule 8-4, amended on October 16, 2002 and Rule 8-16, adopted on
March 7, 1979 and amended on October 16, 2002.
(2) Rule 8-31 adopted on September 7, 1983 and amended on October
16, 2002; and Rule 8-43 adopted on November 23, 1988 and amended on
October 16, 2002.
(3) Rule 8-14, adopted on March 7, 1979 and amended on October 16,
2002; and Rule 8-19, adopted on January 9, 1980 and amended on October
16, 2002.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4408, adopted on December 19, 2002.
(2) Rule 4610, adopted on December 19, 2002.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1113, adopted on February 24, 2003.
(316) New and amended regulations for the following APCDs were
submitted on June 5, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 417, originally adopted on April 18, 1972, amended on March
13, 2003.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4313, adopted on March 27, 2003.
(C) San Diego County Air Pollution Control District.
(1) Rule 67.3 adopted on May 9, 1979 and amended on April 9, 2003.
(D) South Coast Air Quality Management District.
(1) Rule 1133 adopted on January 10, 2003; Rule 1133.1 adopted on
January 10, 2003; and, Rule 1133.2 adopted on January 10, 2003.
(E) Yolo-Solano Air Quality Management District.
(1) Rule 2.33, revised on March 12, 2003.
(F) Antelope Valley Air Quality Management District.
(1) Rule 1113, adopted on March 18, 2003.
(317) The plan and amended regulation for the following APCD were
submitted on August 19, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4901, adopted on July 15, 1993 and amended on July 17,
2003.
(2) 2003 PM10 Plan, San Joaquin Valley Plan to Attain Federal
Standards for Particulate Matter 10 Microns and Smaller (all except
``Contingency Control Measures'' section, pages 4-53 to 4-55), adopted
on June 19, 2003, and ``Regional Transportation Planning Agency
Commitments for Implementation,'' dated April 2003 (Volume 3).
(B) [Reserved]
(318) Amended regulation for the following APCD was submitted on
September 19, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 74.20, adopted on September 9, 2003.
(319) Amended regulation for the following APCD was submitted on
November 14, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1168, amended on October 3, 2003.
[[Page 461]]
(320) New and amended regulations for the following APCDs were
submitted on August 11, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 438, adopted on April 16, 2003.
(2) Rule 1002, adopted on February 22, 1989 and revised on April 16,
2003.
(3) Rule 418, adopted on September 1, 1974 and revised on April 16,
2003.
(4) Rule 101, adopted on April 16, 2003.
(B) South Coast Air Quality Management District.
(1) Rule 109 adopted on May 5, 1989 and amended on May 2, 2003; and,
Rule 1131 adopted on September 15, 2000 and amended on June 6, 2003.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 102, adopted on June 19, 2003.
(321) New and amended regulations for the following APCDs were
submitted on November 4, 2003, by the Governor's designee.
(i) Incorporation by reference. (B) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4902, adopted on June 17, 1993.
(C) Great Basin Air Pollution Control District.
(1) Rule 101, adopted on September 24, 2003.
(2) Rule 406, adopted on January 21, 1976 and revised on September
24, 2003.
(3) Rule 407, adopted on September 5, 1974 and revised on September
24, 2003.
(D) San Diego County Air Pollution Control District.
(1) Rule 69.4, adopted on September 27, 1994 and amended on July 30,
2003.
(322) New and amended plan for the following agency was submitted on
December 9, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) East Kern County Ozone Attainment Demonstration, Maintenance
Plan and Redesignation Request, adopted on May 1, 2003: Chapter 5--
``Regional Forecast,'' including emissions inventory summary (Table 5-1)
and motor vehicle emissions budgets (Table 5-2); Chapter 6-- ``Emission
Control Measures,'' including contingency measures (Table 6-1); and
Appendix B-- ``Emission Inventories.''
(323) The following plan was submitted on November 30, 2001 by the
Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District
(1) San Francisco Bay Area Ozone Attainment Plan for the 1-hour
National Ozone Standard (Section 3: Emission Inventory; Section 5:
Control Strategy, except subsection ``Demonstrating Reasonable Further
Progress'' Appendix B: Control Measure Descriptions; Appendix C:
Reasonably Available Control Measure Analysis; Appendix E: Further Study
Measure Descriptions;) adopted on October 24, 2001.
(324) Amended regulation for the following AQMD was submitted on
April 1, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1132, adopted on January 19, 2001 and amended on March 5,
2004.
(325) Amended regulations for the following APCD were submitted on
September 29, 2003, by the Governor's Designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rules 4305 and 4351 adopted on August 21, 2003, and Rule 4306
adopted on September 18, 2003.
(326) Amended regulations for the following APCD were submitted on
October 9, 2003, by the Governor's Designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rules 4701 and 4702 adopted on August 21, 2003.
(327) The following plan was submitted on December 30, 2003 by the
Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Amendments to the 2003 San Joaquin Valley Plan to Attain Federal
Standards for Particulate Matter 10 Microns and Smaller, adopted
December 18, 2003.
(328) Amended regulations for the following APCDs were submitted on
January 15, 2004, by the Governor's Designee.
[[Page 462]]
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District
(1) Rule 70, adopted on June 25, 1974 and revised on November 11,
2003.
(2) Rule 56, adopted on October 22, 1968 and amended on November 11,
2003.
(B) South Coast Air Quality Management District.
(1) Rule 1171, adopted on November 7, 2003.
(2) Previously approved on July 27, 2004 in paragraph
(c)(328)(i)(B)(1) of this section and now deleted without replacement,
Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 400, adopted on July 1, 1969, and amended on October 15,
2003.
(329) Amended regulations for the following APCDs were submitted on
February 20, 2004, by the Governor's Designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 2007, 2011 including protocol for Rule 2011, and 2012
including protocol for Rule 2012 amended on December 5, 2003.
(330) The following plan was submitted on April 10, 2003 by the
Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Amended 2002 and 2005 Ozone Rate of Progress Plan for San
Joaquin Valley, adopted on December 19, 2002.
(i) Appendix E, ``Regional Transportation Planning Agency
Commitments for Implementation.''
(331) New and amended regulations for the following APCDs were
submitted on June 3, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4610 amended on April 17, 2003.
(2) Rule 4604, adopted on April 11, 1991, and amended on January 15,
2004.
(B) South Coast Air Quality Management District.
(1) Rule 461, originally adopted on January 9, 1976 and amended on
January 9, 2004.
(2) Rule 1105.1, adopted on November 7, 2003.
(332) Amended regulations for the following APCDs were submitted on
July 19, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 403, adopted on November 19, 1985 and revised on May 18,
2004 and Rule 405, adopted prior to November 4, 1977 and revised on May
18, 2004.
(2) Rule 415, originally adopted on November 4, 1977 and revised on
May 18, 2004.
(3) Rule 425, adopted on August 5, 1989, and amended on May 18,
2004.
(4) Rule 414, Storage of Reactive Organic Compound Liquids, adopted
on December 11, 1979, and revised on May 18, 2004.
(B) Ventura County Air Pollution Control District.
(1) Rule 2, adopted on October 22, 1968, and amended on April 13,
2004.
(2) Rules 50, 52, and 53, adopted on July 2, 1968 and revised on
April 13, 2004.
(3) Rules 68 and 102, adopted on May 23, 1972 and revised on April
13, 2004.
(4) Rule 5, ``Effective Date,'' amended on April 13, 2004.
(333) New and amended regulations for the following AQMD were
submitted on July 29, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 2015 adopted on October 15, 1993 and amended on June 4,
2004.
(2) Amended Rules 403 (except for subdivision h), 403.1 (except for
subdivision j), and 1186, as adopted on April 2, 2004.
(334) New and amended regulations for the following APCDs were
submitted on September 23, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 416.1, adopted on July 8, 2004.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4550 and the List of Conservation Management Practices,
adopted on May 20, 2004, re-adopted on August 19, 2004.
[[Page 463]]
(2) Rules 8011, 8021, 8031, 8041, 8051, and 8061, amended on August
19, 2004 and Rules 8071 and 8081, amended on September 16, 2004.
(335) New and amended regulations for the following APCDs were
submitted on January 13, 2005, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 408, adopted on September 1, 1974 and revised on September
15, 2004.
(2) Rule 438, adopted on April 16, 2003 and revised on September 15,
2004.
(3) Rule 404, adopted on December 15, 2004.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4103, adopted on June 18, 1992 and amended on September 16,
2004.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.25, adopted on October 12, 2004.
(D) South Coast Air Quality Management District.
(1) Rule 1122, adopted on October 1, 2004.
(E) Kern County Air Pollution Control District
(1) Rule 402, ``Fugitive Dust'', adopted on November 29, 1993 and
amended on November 3, 2004.
(336) New and amended regulations for the following APCDs were
submitted on April 26, 2005, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4101, adopted on May 21, 1992, and amended on February 17,
2005.
(B) Ventura County Air Pollution Control District.
(1) Rules 74.6, 74.6.1, 74.12, 74.13, 74.19, 74.19.1, 74.24, and
74.30, adopted on November 11, 2003.
(C) Imperial County Air Pollution Control District.
(1) Rule 101, adopted on January 11, 2005.
(2) Rule 424, adopted on November 9, 1982 and revised on January 11,
2005.
(D) Santa Barbara County Air Pollution Control District.
(1) Rule 102, adopted on January 20, 2005.
(337) New and amended regulations for the following APCDs were
submitted on July 15, 2005, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4623, adopted on April 11, 1991 and amended on May 19,
2005.
(2) Rule 4403, adopted on April 11, 1991 and revised on April 20,
2005; Rule 4409 adopted on April 20, 2005; Rule 4451 adopted on April
11, 1991 and revised on April 20, 2005; Rule 4452 adopted on April 11,
1991 and revised on April 20, 2005; and, Rule 4455 adopted on April 20,
2005.
(3) Rule 4204, adopted on February 17, 2005.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.14, adopted on November 24, 1987 and revised on April
12, 2005.
(2) Rule 57, adopted on July 2, 1968 and revised on January 11, 2005
and Rule 57.1, adopted on January 11, 2005.
(3) Rule 74.20, Adhesives and Sealants, adopted on June 8, 1993, and
revised on January 11, 2005.
(C) South Coast Air Quality Management District.
(1) Rules 2010, 2011, 2011 Protocol Appendix A Chapters 2-6 and
Attachments A-F, 2012, and 2012 Protocol Appendix A Chapters 2-8 and
Attachments A-G adopted on January 7, 2005.
(2) Previously approved on August 29, 2006, in paragraph
(c)(337)(i)(C)(1) of this section and now deleted with replacement in
(c)(491)(i)(A)(4), Rule 2011: Attachment C, ``Requirements for
Monitoring, Reporting, and Recordkeeping for SOX Emissions:
Quality Assurance and Quality Control Procedures,'' amended on December
4, 2015.
(3) Previously approved on August 29, 2006, in paragraph
(c)(337)(i)(C)(1) of this section and now deleted with replacement in
(c)(491)(i)(A)(5), Rule 2011: Chapter 3, ``Requirements for Monitoring,
Reporting, and Recordkeeping for SOX Emissions: Process
Units--Periodic Reporting and Rule 219 Equipment,'' amended on December
4, 2015.
(4) Previously approved on August 29, 2006, in paragraph
(c)(337)(i)(C)(1) of this section and now deleted with replacement in
(c)(491)(i)(A)(6), Rule 2012: Attachment C, ``Requirements for
[[Page 464]]
Monitoring, Reporting, and Recordkeeping for NOX Emissions:
Quality Assurance and Quality Control Procedures,'' amended on December
4, 2015.
(5) Previously approved on August 29, 2006, in paragraph
(c)(337)(i)(C)(1) of this section and now deleted with replacement in
(c)(491)(i)(A)(7), Rule 2012: Chapter 4, ``Requirements for Monitoring,
Reporting, and Recordkeeping for NOX Emissions: Process
Units--Periodic Reporting and Rule 219 Equipment,'' amended on December
4, 2015.
(6) Previously approved on August 29, 2006, in paragraph
(c)(337)(i)(C)(1) of this section and now deleted with replacement in
(c)(491)(i)(A)(8), Rule 2011: Attachment E, ``Requirements for
Monitoring, Reporting, and Recordkeeping for SOX Emissions:
Definitions,'' amended on February 5, 2016.
(7) Previously approved on August 29, 2006, in paragraph
(c)(337)(i)(C)(1) of this section and now deleted with replacement in
(c)(491)(i)(A)(9), Rule 2012: Attachment F, ``Requirements for
Monitoring, Reporting, and Recordkeeping for NOX Emissions:
Definitions,'' amended on February 5, 2016.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 403, adopted on September 1, 1974 and revised on February
16, 2005.
(338) New and amended regulations for the following agency were
submitted on March 13, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) California Code of Regulations, Title 17, Division 3, Chapter 1,
Subchapter 8.5, Consumer Products, Article 3, Aerosol Coating Products,
Sections 94520 to 94528, and Subchapter 8.6, Maximum Incremental
Reactivity, Article 1, Tables of Maximum Incremental Reactivity (MIR)
Values, Sections 94700 to 94701, both adopted on May 1, 2001.
(339) New and amended plans were submitted on January 9, 2004, by
the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District (SCAQMD).
(1) South Coast 2003 Air Quality Management Plan (AQMP), as adopted
by SCAQMD on August 1, 2003, and by California Air Resources Board on
October 23, 2003.
(i) Baseline and projected emissions inventories in AQMP Chapter III
Tables 3-1A and 3-3A, in Appendix III Tables A-1, A-2, A-3, A-5, and A-
7, and in Appendix V Attachment 4; SCAQMD commitment to adopt and
implement control measures CMB-07, CMB-09, WST-01, WST-02, PRC-03, BCM-
07, BCM-08, MSC-04, MSC-06, TCB-01 in AQMP Chapter 4 Table 4-8A, and in
Appendix IV-A); PM-10 reasonable further progress in AQMP Chapter 6,
Table 6-1 and in Appendix V Chapter 2; contingency measures CTY-01, CTY-
14, TCB-01 in Appendix IV-A Section 2; PM-10 attainment demonstration in
AQMP Chapter 5, and in Appendix V Chapter 2; and motor vehicle emissions
budgets in ``2003 South Coast AQMP On-Road Motor Vehicle Emissions
Budgets.''
(2) 2003 Coachella Valley PM-10 State Implementation Plan, as
adopted by SCAQMD on August 1, 2003, and by California Air Resources
Board on October 23, 2003.
(i) Baseline and projected emissions inventories in Tables 2-2, 2-3,
2-4, and 2-5; reasonable further progress in Tables 2-9 and 2-7;
attainment demonstration in Chapter 3; and motor vehicle emissions
budgets in ``2003 Coachella Valley PM-10 SIP On-Road Motor Vehicle
Emissions Budgets.''
(B) [Reserved]
(ii) Additional material. (A) The following portions of the Final
2003 State and Federal Strategy (2003 State Strategy) for the California
State Implementation Plan, adopted by the California Air Resources Board
(ARB) on October 23, 2003:
(1) State agency commitments with respect to the following near-term
defined measures for the South Coast Air Basin: LT/MED-DUTY-1 [Air
Resources Board (ARB)], LT/MED-DUTY-2 (Bureau of Automotive Repair), ON-
RD HVY-DUTY-1 (ARB), ON-RD HVY-DUTY-3 (ARB), OFF-RD CI-1 (ARB), OFF-RD
LSI-1 (ARB), OFF-RD LSI-2 (ARB), SMALL OFF-RD-1 (ARB), SMALL OFF-RD-2
(ARB), MARINE-1 (ARB), MARINE-2 (ARB), FUEL-2 (ARB), CONS-1 (ARB), CONS-
2 (ARB), FVR-1 (ARB), FVR-2 (ARB), and
[[Page 465]]
PEST-1 (Department of Pesticide Regulation) in Resolution 03-22
Attachments A-2, A-3, A-4 and A-6 Table I-7 and in 2003 State Strategy
Section I Appendix I-1 and Sections II and III.
(B) The following portions of the South Coast 2003 Air Quality
Management Plan (AQMP), adopted by the South Coast Air Quality
Management District (SCAQMD) on August 1, 2003 and adopted by the
California Air Resources Board on October 23, 2003:
(1) Base year and future year baseline planning inventories (summer
and winter) in AQMP Chapter III and Appendix III; SCAQMD commitment to
adopt and implement control measures CTS-07, CTS-10, FUG-05, MSC-01,
MSC-03, PRC-07, WST-01, WST-02, FSS-04, FLX-01, CMB-10, MSC-05, MSC-07,
MSC-08, FSS-06, and FSS-07 in AQMP Chapter 4, Table 4-1, as qualified
and explained in AQMP, Chapter 4, pages 4-59 through 4-61 and in
Appendix IV-A Section 1, and SCAQMD commitments to achieve near-term and
long-term emissions reductions through rule adoption and implementation
in AQMP Chapter 4, Tables 4-8A and 4-8B; contingency measure CTY-01 in
AQMP Chapter 9, Table 2 and in Appendix IV-A Section 2 (excluding FSS-
05); nitrogen dioxide maintenance demonstration in AQMP Chapter 6 page
6-11; and motor vehicle emissions budget for nitrogen dioxide in year
2003 of 686 tons per day (winter planning inventory) in AQMP Chapter 6
Table 6-7.
(2) [Reserved]
(340) New and amended rules for the following agencies were
submitted on November 16, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District (SCAQMD).
(1) Amended Handbooks for Rules 403 (Chapters 5, 7, and 8) and 403.1
(Chapters 2, 3, 4, and 7), as adopted on April 2, 2004.
(B) Plan revisions for the Coachella Valley Planning Area.
(1) Fugitive dust control ordinances for: City of Cathedral City
Ordinance No. 583 (1/14/04), City of Coachella Ordinance No. 896 (10/8/
03), City of Desert Hot Springs Ordinance No. 2003-16 (10/7/03), City of
Indian Wells Ordinance No. 545 (11/6/03), City of Indio Ordinance No.
1357 (12/3/03), City of La Quinta Ordinance No. 391 (12/2/03), City of
Palm Desert Ordinance No. 1056 (11/13/03), City of Palm Springs
Ordinance No. 1639 (11/5/03), City of Rancho Mirage Ordinances No. 855
(12/18/03) and No. 863 (4/29/04), and County of Riverside Ordinance No.
742.1 (1/13/04).
(341) The 2004 Revision to the California State Implementation Plan
for Carbon Monoxide, Updated Carbon Monoxide Maintenance Plan for the
Ten Federal Planning Areas, submitted on November 8, 2004 by the
Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) 2004 Revision to the California State Implementation Plan for
Carbon Monoxide, Updated Maintenance Plan for Ten Federal Planning
Areas, adopted by the California Air Resources Board on July 22, 2004.
The ten Federal planning areas include Bakersfield Metropolitan Area,
Chico Urbanized Area, Fresno Urbanized Area, Lake Tahoe North Shore
Area, Lake Tahoe South Shore Area, Modesto Urbanized Area, Sacramento
Urbanized Area, San Diego Area, San Francisco-Oakland-San Jose Area, and
Stockton Urbanized Area.
(342) New and amended regulations for the following APCDs were
submitted on October 20, 2005, by the Governor's designee.
(i) Incorporation by reference. (A) Yolo-Solano Air Quality
Management District.
(1) Rule 2.21, adopted on March 23, 1994, and amended on September
14, 2005.
(2) Previously approved on October 31, 2006 in paragraph
(c)(342)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(497)(i)(D)(1) of this section, Rule 2.21 amended on
September 14, 2005.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4103, adopted on June 18, 1992 and amended on May 19, 2005.
(C) South Coast Air Quality Management District.
(1) Rule 461, adopted on January 9, 1976 and amended on June 3,
2005.
(2) Rules 2000, 2001, 2005, 2007, 2011 Protocol Appendix A Chapter
1, and 2012 Protocol Appendix A Chapter 1 adopted on May 6, 2005.
[[Page 466]]
(3) Rule 463, adopted on August 15, 1977 and amended on May 6, 2005.
(4) Rule 403, adopted on May 7, 1976 and amended on June 3, 2005.
(5) Previously approved on August 29, 2006 in paragraph
(c)(342)(i)(C)(2) of this section and now deleted with replacement in
(c)(491)(i)(A)(1), Rule 2001, ``Applicability,'' amended on December 4,
2015.
(D) Great Basin Unified Air Pollution Control District.
(1) Rule 405, adopted on September 5, 1974 and revised on July 7,
2005.
(2) Rule 502, ``Conservation Management Practices,'' adopted on July
7, 2005.
(343) An amended regulation for the following AQMD was submitted on
December 21, 2005, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 2002 adopted on January 7, 2005.
(344) New and amended regulations for the following APCDs were
submitted on March 10, 2006, by the Governor's designee.
(i) Incorporation by reference. (A) Antelope Valley Air Quality
Management District.
(1) Rule 442, adopted on May 7, 1976 and amended on November 15,
2005.
(2) Rule 101, ``Title,'' and Rule 102, ``Definition of Terms,''
originally adopted on February 4, 1977 and amended on May 17, 2005.
(3) Rule 106, ``Increments of Progress,'' Rule 210,
``Applications,'' Rule 212, ``Standards for Approving Permits,'' and
Rule 218, ``Stack Monitoring,'' originally adopted on January 9, 1976
and amended on May 17, 2005.
(4) Rule 108, ``Alternative Emission Control Plans,'' Rule 109,
``Recordkeeping for Volatile Organic Compound Emissions,'' Rule 208,
``Permit for Open Burning,'' Rule 220, ``Exemption--Net Increase in
Emissions,'' Rule 221, ``Plans,'' and Rule 226, ``Limitations on
Potential to Emit,'' originally adopted on March 2, 1990, May 5, 1989,
October 8, 1976, November 4, 1977, January 4, 1985, and March 17, 1998,
respectively, and amended on May 17, 2005.
(B) Lake County Air Quality Management District.
(1) Chapter VIII, Section 1002 and Table 8, adopted on March 19,
1996 and amended on August 9, 2005.
(C) San Joaquin Valley Unified Air Quality Management District.
(1) Rule 4308, adopted on October 20, 2005; Rule 4309, adopted on
December 15, 2005; and Rule 4905, adopted on October 20, 2005.
(2) Previously approved on May 30, 2007 in paragraph
(c)(344)(i)(C)(1) of this section and now deleted with replacement in
paragraph (c)(461)(i)(D)(1), Rule 4905, ``Natural-Gas-Fired Fan-Type
Central Furnaces,'' adopted on October 20, 2005.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.9, Stationary Internal Combustion Engines, adopted on
November 8, 2005.
(345) New and amended regulations for the following APCDs were
submitted on June 16, 2006, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 102, adopted on December 3, 2004.
(2) Rule 1178 adopted on December 21, 2001, and amended on April 7,
2006.
(B) Sacramento Metropolitan Air Quality Management District.
(1 ) Rule 411, adopted on October 27, 2005.
(C) Ventura County Air Pollution Control District.
(1) Rule 11, ``Definitions for Regulation II,'' and Rule 29,
``Conditions on Permits,'' adopted on June 13, 1995 and May 23, 1972,
respectively, and revised on March 14, 2006.
(2) Rule 26, ``New Source Review--General,'' Rule 26.2, ``New Source
Review--Requirements,'' Rule 26.3, ``New Source Review--Exemptions,''
Rule 26.4, ``New Source Review--Emissions Banking,'' Rule 26.5, ``New
Source Review--Essential Public Service Bank,'' and Rule 26.6, ``New
Source Review--Calculations,'' originally adopted on October 22, 1991
and now revised on March 14, 2006.
(D) Great Basin Unified Air Pollution Control District
(1) Rule 201, ``Exemptions,'' adopted on September 5, 1974 and
revised on January 23, 2006.
[[Page 467]]
(E) Imperial County Air Pollution Control District.
(1) Rule 800,``General Requirements for Control of Fine Particulate
Matter (PM-10),'' adopted on October 10, 1994, revised on November 25,
1996 and revised on November 8, 2005.
(2) Rule 801,``Construction & Earthmoving Activities,'' Rule 802,
``Bulk Materials,'' Rule 803,``Carry-Out & Track-Out,'' Rule 804,``Open
Areas,'' Rule 805,''Paved & Unpaved Roads,`` Rule 806,''Conservation
Management Practices,'' adopted on November 8, 2005.
(346) New and amended plans for the following AQMD were submitted on
February 24, 2006, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District (SCAQMD).
(1) 2005 Carbon Monoxide Redesignation Request and Maintenance Plan
for the South Coast Air Basin, as adopted by SCAQMD on March 4, 2005,
and by California Air Resources Board on February 24, 2006.
(347) New and amended regulations for the following APCDs were
submitted on October 5, 2006, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4307, adopted on April 20, 2006.
(2) Rule 4352, ``Solid Fuel Fired Boilers, Steam Generators and
Process Heaters,'' amended on May 18, 2006.
(B) South Coast Air Quality Management District.
(1) Rule 1118 adopted February 13, 1998, and amended November 4,
2005.
(2) Rule 1127, ``Emissions Reductions from Livestock Waste,''
adopted on August 6, 2004.
(C) Mojave Desert Air Quality Management District.
(1) Rule 442, Adopted: 5/7/76; CARB Ex. Ord. G-73: 02/01/77;
Readopted: 07/25/77; Amended: 02/02/79; Amended: 02/27/06.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.30, Wood Products Coatings, adopted May 17, 1994 and
revised on June 27, 2006.
(E) Yolo Solano Air Quality Management District.
(1) Rule 11.2, ``Confined Animal Facilities Permit Program,''
adopted on June 14, 2006.
(348) New and amended rules for the following APCDs were submitted
on December 29, 2006 by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Air Pollution
Control District.
(1) Rule 4354, adopted on August 17, 2006.
(2) Rule 9310, ``School Bus Fleets,'' adopted on September 21, 2006.
(3) Rule 9510, ``Indirect Source Review (ISR),'' adopted on December
15, 2005.
(B) South Coast Air Quality Management District.
(1) Rule 1156, adopted on November 4, 2005.
(349) San Francisco Bay Area Transportation Air Quality Conformity
Protocol--Conformity Procedures and Interagency Consultation Procedures
was submitted on December 20, 2006, by the Governor's designee.
(i) Incorporation by reference. (A) Association of Bay Area
Governments (ABAG), Bay Area Air Quality Management District (BAAQMD),
and Metropolitan Transportation Commission (MTC).
(1) The San Francisco Bay Area Transportation Air Quality Conformity
Protocol--Conformity Procedures (July 26, 2006) and San Francisco Bay
Area Transportation Air Quality Conformity Protocol--Interagency
Consultation Procedures (July 26, 2006), adopted by BAAQMD on July 19,
2006, by ABAG on July 20, 2006, and by MTC on July 26, 2006.
(350) New and amended regulations were submitted on May 8, 2007, by
the Governor's designee.
(i) Incorporation by reference. (A) Great Basin Unified Air
Pollution Control District.
(1) Rule 431, adopted on December 7, 1990 and revised on December 4,
2006.
(2) Rule 401, ``Fugitive Dust'', adopted on September 5, 1974 and
amended on December 04, 2006.
(3) Previously approved on October 31, 2007 in paragraph
(c)(350)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(457)(i)(I)(1) of this section, Rule 431, adopted on
[[Page 468]]
December 7, 1990 and revised on December 4, 2006.
(B) Mojave Desert Air Quality Management District.
(1) Rule 444, adopted on October 8, 1976 and amended on September
25, 2006.
(2) Rule 1106, Marine Coating Operations, adopted on August 28, 2006
and amended on October 23, 2006.
(3) Previously approved on July 16, 2008 in paragraph
(c)(350)(i)(B)(2) of this section and now deleted with replacement in
(c)(498)(i)(B)(1), Rule 1106, adopted on August 28, 2006 and amended on
October 23, 2006.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1 ) Rule 4702, adopted on August 21, 2003 and amended on January
18, 2007.
(2) Rule 4401, ``Steam-Enhanced Crude Oil Production Wells,''
adopted on December 14, 2006.
(3) Previously approved on January 10, 2008 in
paragraph(c)(350)(i)(C)(1) of this section and now deleted with
replacement in paragraph (c)(441)(i)(D)(4), Rule 4702, ``Internal
Combustion Engines,'' amended on January 18, 2007.
(D) South Coast Air Quality Management District.
(1) Rule 1107, Coating of Metal Parts and Products, adopted on June
1, 1979, and amended on January 6, 2006.
(E) Ventura County Air Pollution Control District.
(1) Rule 26.1, ``New Source Review--Definitions,'' originally
adopted on October 22, 1991 and now revised on November 14, 2006.
(351) New and amended regulation for the following APCDs were
submitted on August 24, 2007, by the Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 101, Adopted 7/28/81; revised 9/14/99; 1/16/2001; 12/11/
2001; 08/13/02; 01/11/2005; 10/10/2006.
(2) Rule 420, ``Beef Feedlots,'' adopted on October 10, 2006.
(3) Rule 201, ``Permits Required'' amended on October 10, 2006.
(4) Rule 202, ``Exemptions'' amended on October 10, 2006.
(5) Previously approved on May 9, 2011 in paragraph
(c)(351)(i)(A)(4) of this section and now deleted with replacement in
paragraph (c)(485)(i)(A)(2), Rule 202, ``Exemptions,'' revised on
October 10, 2006.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 101, Adopted 9-1-74; Revised 12-21-83; 12-13-84; 11-13-96;
11-12-98; and 12-15-1999; and 4-16-03; and 2-21-07.
(2) Rules 415 and 418, adopted on September 1, 1974 and revised on
February 21, 2007 and March 21, 2007, respectively.
(3) Rule 1002, adopted on February 22, 1989 and revised on March 21,
2007.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4104, ``Reduction of Animal Matter,'' Rule 4404, ``Heavy
Oil Test Station--Kern County,'' adopted May 21, 1992 and amended on
December 17, 1992.
(2) Rule 4641, ``Cutback, Slow Cure, and Emulsified Asphalt, Paving
and Maintenance Operations,'' Rule 4672, ``Petroleum Solvent Dry
Cleaning Operations,'' adopted April 11, 1991 and amended on December
17, 1992.
(3) Rule 4453, ``Refinery Vacuum Producing Devices or Systems,''
adopted on May 21, 1992 and amended on December 17, 1992.
(4) Rule 4454, ``Refinery Process Unit Turnaround,'' adopted on May
21, 1992 and amended on December 17, 1992.
(5) Rule 4402, ``Crude Oil Production Sumps'', adopted on April 11,
1991 and amended December 17, 1992.
(6) Rule 4625, ``Wastewater Separators'', adopted on April 11, 1991
and amended December 17, 1992.
(7) Rule 4565, ``Biosolids, Animal Manure, and Poultry Litter
Operations'', adopted on March 15, 2007.
(D) Kern County Air Pollution Control District.
(1) Rule 404.1, adopted on April 18, 1972 and amended on January 24,
2007.
(i) Resolution No. 2007-001-01, Reference No. Item 5, Adoption of
Amendments to Rules and Regulations of the Kern County Air Pollution
Control District; to Wit: Rule 404.1.
(2) Rule 431, adopted on January 24, 2007 and amended on March 8,
2007.
(i) Resolution No. 2007-003-03, Reference No. Item 3, Amendments to
Rules and Regulations of the Kern County Air Pollution Control District;
To Wit: Rule 431 (Propellant Combustion and Rocket Testing).
[[Page 469]]
(352) New and amended regulations were submitted on September 5,
2007, by the governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1 ) Rule 413, adopted on April 6, 1995 and amended on March 24,
2005.
(353) New and amended regulations were submitted on August 12, 2002,
by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rule 9-10, Inorganic Gaseous Pollutants: Nitrogen Oxides and
Carbon Monoxide from Boilers, Steam Generators, and Process Heaters in
Petroleum Refineries, adopted on July 17, 2002.
(354) New and amended regulations for the following APCDs were
submitted on March 7, 2008, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 2004, ``Requirements'' adopted on October 15, 1993 and
amended on April 6, 2007.
(2) Rule 2007, ``Trading Requirements'' adopted on October 15, 1993
and amended April 6, 2007.
(3) Rule 2010, ``Administrative Remedies and Sanctions'' adopted on
October 15, 1993 and amended on April 6, 2007.
(4) Rule 1146.2, ``Emissions of Oxides of Nitrogen From Large Water
Heaters and Small Boilers and Process Heaters,'' adopted on January 8,
1998 and amended on May 5, 2006.
(5) Rule 1113, ``Architectural Coatings,'' amended on July 13, 2007.
(B) Mojave Desert Air Quality Management District.
(1) Rule 1162, Polyester Resin Operationss, adopted on August 27,
2007
(C) Sacramento Metropolitan Air Quality Management District
(1) Rule 411, ``NOx from Boilers, Process Heaters and Steam
Generators'' adopted on October 27, 2005 and amended on August 23, 2007.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 427, ``Steam Drive Crude Oil Production Wells,'' adopted on
January 16, 1980 and amended on October 17, 2007.
(E) San Joaquin Valley Unified Air Pollution Control District
(1) Rule 4662, ``Organic Solvent Degreasing Operations,'' Adoption
April 11, 1991 and amended September 20, 2007
(2) Rule 4663, ``Organic Cleaning Storage, and Disposal,'' Adoption
December 20, 2001 and amended September 20, 2007
(3) Rule 4624, ``Transfer of Organic Liquid,'' adopted on December
20, 2007.
(4) Rule 4653, ``Adhesives,'' adopted on September 20, 2007.
(5) Rule 4703, ``Stationary Gas Turbines,'' adopted on September 20,
2007.
(6) Rule 4621, ``Gasoline Transfer into Stationary Storage
Containers, Delivery Vessels, and Bulk Plants,'' amended on December 20,
2007.
(7) Rule 4622, ``Gasoline Transfer into Motor Vehicle Fuel Tanks,''
amended on December 20, 2007.
(8) Rule 4651, ``Soil Decontamination Operations,'' amended on
September 20, 2007.
(9) Rule 4604, ``Can and Coil Coating Operations,'' adopted on
September 20, 2007.
(10) Rule 4612, ``Motor Vehicle and Mobile Equipment Coating
Operations-Phase II,'' adopted on September 20, 2007.
(11) Rule 4605, ``Aerospace Assembly and Component Coating
Operations,'' adopted on September 20, 2007.
(12) 4684, ``Polyester Resin Operations,'' adopted on September 20,
2007.
(13) Rule 4661, ``Organic Solvents,'' amended on September 20, 2007.
(14) Rule 2020, ``Exemptions,'' adopted on September 19, 1991 and
amended on December 20, 2007.
(F) San Diego Air Pollution Control District.
(1) Rule 67.6.1, ``Cold Solvent Cleaning and Stripping Operations,''
adopted May 23, 2007.
(2) Rule 67.6.2, ``Vapor Degreasing Operations,'' adopted May 23,
2007.
(3) Rule 67.0, ``Architectural Coatings,'' adopted on December 12,
2001.
(4) Previously approved on June 20, 2013, in paragraph
(c)(354)(i)(F)(3) of this section and now deleted without replacement,
Rule 67.0, ``Architectural Coatings,'' adopted on December 12, 2001.
(G) Northern Sierra Air Quality Management District.
[[Page 470]]
(1) Rule 227, ``Cutback and Emulsified Asphalt Paving Materials,''
adopted on November 27, 2006.
(355) The following plan revision was submitted on November 30,
2007, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Attachment 3 to Executive Order S-07-003, Appendix H, Revised
Proposed Revision to the Pesticide Element of the 1994 Ozone SIP for the
Ventura County Nonattainment Area (August 13, 2007).
(2) California Air Resources Board, Executive Order S-07-003,
November 30, 2007; to Wit: Revised Pesticide Element of the 1994 Ozone
SIP for the Ventura County Nonattainment Area.
(356) The following plan was submitted on November 16, 2007, by the
Governor's Designee.
(i) Incorporation by reference. (A) San Joaquin Valley Air Pollution
Control District.
(1) 2007 PM10 Maintenance Plan and Request for Redesignation,
adopted by the San Joaquin Valley Air Pollution Control District on
September 20, 2007, section 6. Contingency Plan on pages 16 to 17.
(ii) Additional materials. (A) San Joaquin Valley Air Pollution
Control District.
(1) 2007 PM10 Maintenance Plan and Request for Redesignation,
adopted by the San Joaquin Valley Air Pollution Control District on
September 20, 2007, except for Appendices A through F.
(2) State of California, Air Resources Board, Staff Report, Analysis
of the San Joaquin Valley 2007 PM10 Maintenance Plan, Release Date:
October 12, 2007, Appendix B Emission Inventory.
(3) Letter dated May 13, 2008, from James N. Goldstene, California
Air Resources Board, to Wayne Nastri, EPA, providing revised motor
vehicle emission budgets for the 2007 San Joaquin Valley PM10
Maintenance Plan.
(B) State of California Air Resources Board.
(1) Proposed State Strategy for California's 2007 State
Implementation Plan, adopted on September 27, 2007.
(2) CARB Resolution No. 07-28 with Attachments A and B, September
27, 2007. Commitment to achieve the total emissions reductions necessary
to attain the Federal standards in the SJV air basin, which represent
2.3 tons per day (tpd) of direct PM2.5 and 17.1 tpd of
nitrogen oxides by 2014 for purposes of the 1997 PM2.5 NAAQS,
as described in Resolution No. 07-28 at Attachment B, pp. 3-6, and
modified by CARB Resolution No. 09-34 (April 24, 2009) adopting ``Status
Report on the State Strategy for California's 2007 State Implementation
Plan (SIP) and Proposed Revisions to the SIP Reflecting Implementation
of the 2007 State Strategy'' and by CARB Resolution No. 11-24 (April 28,
2011) adopting the ``Progress Report on Implementation of
PM2.5 State Implementation Plans (SIP) for the South Coast
and San Joaquin Valley Air Basins and Proposed SIP Revisions.''
(3) Executive Order S-07-002, Relating to Approval of the State
Strategy for California's State Implementation Plan (SIP) for the
Federal 8-Hour Ozone and PM2.5 Standards, November 16, 2007.
(4) CARB Resolution No. 07-28 with Attachments A and B, September
27, 2007. Commitments to achieve the total emissions reductions
necessary to attain the Federal standards in the SJV air basin, which
represent aggregate emissions reductions of 24 tons per day (tpd) of
volatile organic compounds (VOC) and 46 tpd of nitrogen oxides
(NOX) by 2023 from existing technologies and 81 tpd of
NOX by 2023 from new technologies and to achieve 23 tpd of
VOC by 2014; 88-93 tpd of NOX by 2017; 24 tpd of VOC and 56
tpd of NOX by 2020 as provided in CARB Resolution 07-28,
Attachment B, pp. 3-6 as modified by the 2009 State Strategy Status
Report, pp. 20-21 as adopted by CARB Resolution No. 09-34 (April 24,
2009).
(357) The following commitments were submitted on February 29, 2008,
by the Governor's Designee:
(i) Incorporation by reference. (A) Commitments for the installation
and operation of a FRM or FEM PM-10 monitor and SIP development and
submittal.
(1 ) Resolution No. 2008-001-02, adopted by the Air Pollution
Control Board, Kern County Air Pollution Control District on February
27, 2008.
(2 ) Executive Order S-08-004, adopted by the California Air
Resources Board on March 3, 2008.
[[Page 471]]
(358) The 8-Hour Ozone Reasonable Available Control Technology State
Implementation Plans (RACT)(SIP) for the following Air Quality
Management Districts (AQMDs)/Air Pollution Control Districts (APCDs)
were submitted on January 31, 2007, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Resolution 06-24 (A Resolution of the South Coast Air Quality
Management District (SCAQMD) Board certifying that the SCAQMD's current
air pollution rules and regulations fulfill the 8-hour Reasonably
Available Control Technology (RACT) requirements, and adopting the RACT
SIP revision, dated July 14, 2006.
(2) South Coast Air Quality Management District (SCAQMD) Staff
Report, SCAQMD 8-Hour Ozone Reasonably Available Control Technology
(RACT) State Implementation Plan (SIP) Demonstration, including
appendices, dated June 2006.
(3) Notice of Exemption from the California Environmental Quality
Act, SCAQMD 8-Hour Ozone Reasonably Available Control Technology (RACT)
State Implementation Plan (SIP), dated June 2, 2006.
(4) EPA comment letter to South Coast Air Quality Management
District dated June 28, 2006, on 8-hour Ozone Reasonably Available
Control Technology--State Implementation Plan (RACT SIP) Analysis, draft
staff report dated May 2006, from Andrew Steckel, Chief, Rulemaking
Office, U.S. EPA to Mr. Joe Cassmassi, Planning and Rules Manager, South
Coast Air Quality Management District.
(B) Ventura County Air Pollution Control District.
(1) Ventura County Air Pollution Control Board Resolution approving
and adopting the 2006 Reasonably Available Control Technology State
Implementation Plan Revision, dated June 27, 2006.
(2) Final Ventura County Air Pollution Control District 2006
Reasonably Available Control Technology (RACT) State Implementation Plan
(SIP) Revision, including Tables A-1, A-2, B, C, and D, dated June 27,
2006.
(ii) Additional materials. (A) Antelope Valley Air Quality
Management District.
(1) 8-Hour Reasonably Available Control Technology--State
Implementation Plan Analysis (RACT SIP Analysis), August 2006, adopted
on September 19, 2006.
(2) [Reserved]
(B) Yolo-Solano Air Quality Management District.
(1) Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP), adopted on September 13, 2006.
(2) [Reserved]
(359) New and amended regulations were submitted on July 18, 2008,
by the Governor's designee.
(i) Incorporation by reference. (A) North Coast Unified Air Quality
Management District.
(1) Rule 104.2, ``Visible Emissions,'' Rule 104.3, ``Particulate
Matter,'' Rule 104.4, ``Fugitive Dust Emissions,'' and Rule 104.10,
``Petroleum Loading and Storage,'' originally adopted on November 3,
1982 and revised on May 19, 2005.
(2) Rule 200, ``Effective Date and Definitions,'' Rule 202, ``Burn
Hours and Notice of Ignition,'' Rule 203, ``General Burn Practices,
Requirements, and Conditions,'' Rule 204, ``Ignition Devices and
Methods,'' Rule 207, ``Wildland Vegetation Management,'' and Rule 208,
``Burn Registration Program,'' originally adopted on July 18, 2003 and
revised on May 15, 2005; Rule 201, ``General Prohibitions and Exemptions
for Selected Open Burning'' originally adopted on July 18, 2003 and
revised on May 17, 2007; Rule 205, ``Certificates from Department of
Fish and Game,'' adopted on July 18, 2003; and Rule 206, ``Burning at
Disposal Sites,'' originally adopted on July 18, 2003 and revised on
December 16, 2004.
(3) Rule 100, ``General Provisions,'' originally adopted on November
3, 1982 and amended on May 19, 2005.
(4) Rule 101, ``Definitions,'' originally adopted on November 3,
1982 and amended on May 19, 2005 and May 15, 2008.
(5) Rule 108, ``Severability of Rules and Regulations,'' originally
adopted on May 19, 2005.
[[Page 472]]
(B) South Coast Air Quality Management District
(1) Rule 1121, ``Fuel Burning Equipment,'' adopted on December 10,
1999 and amended on September 3, 2004.
(2) Rule 445, ``Wood Burning Devices,'' adopted on March 7, 2008.
(C) Placer County Air Pollution Control District.
(1) Rule 212, ``Storage of Organic Liquids,'' adopted on May 24,
1977 and amended on June 19, 1997.
(2) Rule 216, ``Organic Solvent Cleaning and Degreasing
Operations,'' amended on December 11, 2003.
(3) Rule 215, ``Transfer of Gasoline Into Trucks, Trailers, and
Railroad Tank Cars at Loading Facilities,'' adopted on June 19, 1997.
(D) Antelope Valley Air Quality Management District.
(1) Rule 444, ``Open Outdoor Fires,'' adopted on October 8, 1976 and
revised on February 19, 2008.
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 361, ``Small Boilers, Steam Generators and Process
Heaters,'' adopted on January 17, 2008.
(F) San Diego County Air Pollution Control District.
(1) Rule 61.4, ``Transfer of Volatile Organic Compounds into Vehicle
Fuel Tanks,'' revised on March 26, 2008.
(360) New and amended regulations were submitted on May 20, 2008 by
the Governor's designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District
(1) Rule 1110.2, ``Gaseous- and Liquid-Fueled Internal Combustion
Engines, adopted on August 3, 1990 and amended February 1, 2008.
(361) New and amended regulations were submitted on October 20,
2008, by the governor's designee.
(i) Incorporation by Reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 102, ``Definitions,'' adopted on October 18, 1971 and
revised on June 19, 2008.
(2) Rule 333, ``Control of Emissions from Reciprocating Internal
Combustion Engines,'' adopted on June 19, 2008.
(3) Rule 339, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' revised on June 19, 2008.
(4) Rule 201, ``Permits Required,'' revised June 19, 2008.
(B) Antelope Valley Air Quality Management District
(1) Rule 1173, ``Fugitive Emissions of Volatile Organic Compounds,''
adopted July 7, 1989 and amended June 17, 2008.
(362) New and amended regulations were submitted on April 29, 2009
by the Governor's designee.
(i) Incorporation by Reference. (A) San Diego Air Pollution Control
District.
(1) Rule 27.1, ``Federal Requirements for the San Diego County Air
Pollution Control District's Alternative Mobile Source Emission
Reduction Program Approved On September 8, 2000,'' adopted and effective
on August 8, 2008.
(B) South Coast Air Quality Management District.
(1) Rule 1168, ``Adhesive and Sealant Applications,'' amended on
January 7, 2005.
(2) Rule 1156, ``Further Reductions of Particulate Emissions from
Cement Manufacturing Facilities,'' amended on March 6, 2009.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 450, ``Graphic Arts Operations,'' adopted October 23, 2008.
(D) San Joaquin Valley Air Pollution Control District.
(1) Rule 4902, ``Residential Water Heaters,'' amended on March 19,
2009.
(363) New and amended regulations were submitted on March 17, 2009
by the Governor's designee.
(i) Incorporation by Reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 1020, ``Definitions,'' adopted on June 18, 1992 and amended
on January 15, 2009.
(2) Rule 4607, ``Graphic Arts and Paper, Film, Foil, and Fabric
Coatings,'' adopted on December 18, 2008.
(3) Rule 4306, ``Boilers, Steam Generators and Process Heaters--
Phase 3, '' adopted on October 16, 2008.
(4) Rule 4307, ``Boilers, Steam Generators and Process Heaters--2.0
MMbtu/hr to 5.0 MMbtu/hr,'' adopted on October 16, 2008.
(5) Rule 2201, ``New and Modified Stationary Source Review Rule,''
adopted on September 19, 1991, and amended on December 18, 2008.
[[Page 473]]
(6) Rule 2530, ``Federally Enforceable Potential to Emit,'' adopted
on June 15, 1995, and amended on December 18, 2008.
(7) Rule 4320, ``Advance Emission Reduction Options for Boilers,
Steam Generators and Process Heaters greater than 5.0 MMbtu/hr,''
adopted on October 16, 2008.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 102, ``Definitions,'' adopted on October 18, 1971 and
amended on January 15, 2009.
(2) Rule 316, ``Storage and Transfer of Gasoline,'' adopted on
January 15, 2009.
(C) Yolo Solano Air Quality Management District
(1) Rule 3.21, ``Rice Straw Emission Reduction Credits,'' adopted on
December 10, 2008.
(D) Placer County Air Pollution Control District.
(1) Rule 231, ``Industrial, Institutional and Commercial Boiler,
Steam Generator and Process Heaters,'' amended on October 9, 1997.
(E) Ventura County Air Pollution Control District.
(1) Rule 74.18, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' revised on November 11, 2008.
(F) South Coast Air Quality Management District.
(1) Rule 223, ``Emission Reduction Permits for Large Confined Animal
Facilities,'' adopted on June 2, 2006.
(364) New and amended regulations were submitted on December 23,
2008 by the Governor's designee.
(i) Incorporation by Reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4606, ``Wood Products and Flat Wood Paneling Product
Coating Operations,'' adopted on October 16, 2008.
(2) Rule 4901, ``Wood Burning Fireplaces and Wood Burning Heaters,''
amended on October 16, 2008.
(3) Rule 4603, ``Surface Coating of Metal Parts and Products,''
adopted on October 16, 2008.
(4) Previously approved on October 11, 2009 in paragraph
(c)(364)(i)(A)(2) of this section and now deleted with replacement in
paragraph (c)(457)(i)(H)(1), Rule 4901, ``Wood Burning Fireplaces and
Wood Burning Heaters,'' amended on October 16, 2008.
(B) South Coast Air Quality Management District.
(1) Rule 1158, ``Storage, Handling, and Transport of Coke, Coal and
Sulfur,'' amended July 11, 2008.
(2) Rule 1186, ``PM10 Emissions from Paved and Unpaved
Roads and Livestock Operations,'' amended on July 11, 2008.
(C) Yolo-Solano Air Quality Management District.
(1) Rule 2.41, ``Expandable Polystyrene Manufacturing Operations,''
adopted on September 10, 2008.
(D) Mojave Desert Air Quality Management District.
(1) Rule 1165, ``Glass Melting Furnaces,'' amended on August 25,
2008.
(365) New and amended regulations were submitted on March 27, 2008,
by the Governor's designee.
(i) Incorporation by Reference. (A) California Air Resources Board.
(1) Barclays Official California Code of Regulations, Title 17
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board,
Subchapter 8.5 Consumer Products, Article 1 Antiperspirants and
Deodorants, amendment filed 6-20-2005, operative 7-20-2005.
(2) Barclays Official California Code of Regulations, Title 17
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board,
Subchapter 8.5 Consumer Products, Article 2 Consumer Products, amendment
filed 11-8-2007, operative 12-8-2007.
(3) Barclays Official California Code of Regulations, Title 17
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board,
Subchapter 8.5 Consumer Products, Article 3 Aerosol Coating Products,
amendment filed 11-8-2007, operative 12-8-2007.
(366) New and amended regulations for the following agencies were
submitted on April 6, 2009, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4103, ``Open Burning,'' amended May 17, 2007.
(B) South Coast Air Quality Management District.
[[Page 474]]
(1) Rule 1125, ``Metal Container, Closure, and Coil Coating
Operations,'' amended on March 7, 2008.
(2) Rule 1149, ``Storage Tank and Pipeline Cleaning and Degassing,''
amended on May 2, 2008.
(3) Rule 1162, ``Polyester Resin Operations,'' amended on July 8,
2005.
(4) Rule 1151, ``Motor Vehicle and Mobile Equipment Non-Assembly
Line Coating Operations,'' amended on December 2, 2005.
(C) Antelope Valley Air Quality Management District.
(1) Rule 461, ``Gasoline Transfer and Dispensing,'' adopted on
October 21, 2008.
(D) Placer County Air Pollution Control District.
(1) Rule 516, ``Rice Straw Emission Reduction Credits,'' adopted on
February 19, 2009.
(367) The following plan was submitted on December 19, 2007, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional material. (A) Monterey Bay Unified Air Pollution
Control District (MBUAPCD).
(1) 2007 Federal Maintenance Plan for Maintaining the National Ozone
Standard in the Monterey Bay Region (Monterey Maintenance Plan),
excluding Appendix A.
(2) MBUAPCD Board of Directors Certified Minutes and Resolution
dated March 21, 2007, adopting the Monterey Maintenance Plan.
(3) Letter dated May 10, 2007, from Association of Monterey Bay Area
Governments (AMBAG) to MBUAPCD, confirming AMBAG's approval of the
Monterey Maintenance Plan on May 9, 2007.
(4) California Air Resources Board Executive Order G-07-68, dated
December 19, 2007, adopting the Monterey Maintenance Plan.
(368) New and amended regulations were submitted on June 26, 2009 by
the Governor's designee.
(i) Incorporation by Reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4570, ``Confined Animal Facilities,'' adopted on June 18,
2009.
(369)-(370) [Reserved]
(371) [Reserved]
(372) The following revisions to the California Motor Vehicle
Inspection and Maintenance Program were submitted on June 5, 2009 (2009
I/M Revision), by the Governor's Designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) California Code of Regulations, Title 16 (Professional and
Vocational Regulations), Division 33 (Bureau of Automotive Repair),
Chapter 1 (Automotive Repair Dealers and Official Stations and
Adjusters), Article 1 (General Provisions), sections 3303.1, ``Public
Access to License, Administrative Action, and Complaint Information''
(operative July 20, 2007); 3303.2, ``Review of Applications for
Licensure, Registration and Certification; Processing Time'' (operative
July 9, 2003); Article 5.5 (Motor Vehicle Inspection Program), sections
3340.1, ``Definitions'' (operative June 29, 2006); 3340.7, ``Fee for
Inspection at State-Contracted Test-Only Facility'' (operative August
17, 1995); 3340.9, ``Repair Assistance Program'' (operative October 30,
2000); 3340.10, ``Licensing of Smog Check Stations'' (operative July 26,
1996); 3340.15, ``General Requirements for Smog Check Stations''
(operative July 9, 2003); 3340.16, ``Test-Only Station Requirements''
(operative August 1, 2007); 3340.16.5, ``Test-and-Repair Station
Requirements'' (operative June 29, 2006); 3340.17, ``Test Equipment,
Electronic Transmission, Maintenance and Calibration Requirements''
(operative June 29, 2006); 3340.18, ``Certification of Emissions
Inspection System Calibration Gases and Blenders of Gases'' (operative
July 9, 2003); 3340.22.1, ``Smog Check Station Service Signs''
(operative February 1, 2001); 3340.22.2, ``Smog Check Station Repair
Cost Limit Sign'' (operative February 1, 2001); 3340.23, ``Licensed Smog
Check Station That Ceases Operating As a Licensed Station'' (operative
June 23, 1995); 3340.24, ``Suspension, Revocation, and Reinstatement of
Licenses'' (operative June 23, 1995); 3340.28, ``Licenses and
Qualifications for Technicians'' (operative January 17, 2009); 3340.29,
``Licensing of Technicians'' (operative January 17, 2009); 3340.30,
``General Requirements for Licensed Technicians'' (operative June 23,
1995); 3340.31, ``Retraining of Licensed Technicians'' (operative June
23, 1995); 3340.32, ``Standards for the Certification of Institutions
Providing Retraining to Licensed
[[Page 475]]
Technicians or Prerequisite Training to Those Seeking to Become Licensed
Technicians'' (operative July 9, 2003); 3340.32.1, ``Standards for the
Decertification and Recertification of Institutions Providing Retraining
to Licensed Technicians or Prerequisite Training to Those Seeking to
Become Licensed Technicians'' (operative June 23, 1995); 3340.33,
``Standards for the Certification of Basic and Advanced Instructors
Providing Retraining to Intern, Basic Area, and Advanced Emission
Specialist Licensed Technicians or Prerequisite Training to Those
Seeking to Become Intern, Basic Area, or Advanced Emission Specialist
Licensed Technicians'' (operative February 1, 2001); 3340.33.1,
``Standards for the Decertification and Recertification of Instructors
Providing Retraining to Licensed Technicians or Prerequisite Training to
Those Seeking to Become Licensed Technicians'' (operative June 23,
1995); 3340.35, ``A Certificate of Compliance, Noncompliance, Repair
Cost Waiver or an Economic Hardship Extension'' (operative June 25,
1998); 3340.35.1, ``A Certificate of Compliance, Noncompliance, Repair
Cost Waiver or an Economic Hardship Extension Fee Calculation''
(operative December 2, 1998); 3340.36, ``Clearing Enforcement Forms''
(operative July 26, 1996); 3340.37, ``Installation of Oxides of Nitrogen
(NOx) Devices)'' (operative July 26, 1996); 3340.41, ``Inspection, Test,
and Repair Requirements'' (operative June 29, 2006); 3340.42,
``Mandatory Smog Check Inspection and Test Procedures, and Emissions
Standards'' (operative January 11, 2008); 3340.50, ``Fleet Facility
Requirements'' (operative February 15, 2002); 3340.50.3, ``Fleet Records
and Reporting Requirements'' (operative June 23, 1995); 3340.50.4,
``Fleet Certificates'' (operative June 25, 1998); 3340.50.5 ``Suspension
or Rescission of Fleet Facility License'' (operative June 23, 1995);
Article 10 (Gold Shield Program), sections 3392.1, ``Gold Shield Program
(GSP)'' (operative May 28, 2003); 3392.2, ``Responsibilities of Smog
Check Stations Certified as Gold Shield'' (operative August 1, 2007);
3392.3, ``Eligibility for Gold Shield Certification; Quality Assurance''
(operative May 28, 2003); 3392.4, ``Gold Shield Guaranteed Repair (GSGR)
Program Advertising Rights'' (operative May 28, 2003); 3392.5, ``Causes
for Invalidation of Gold Shield Station Certification'' (operative May
28, 2003); 3392.6, ``Gold Shield Program Hearing and Determination''
(operative May 28, 2003); Article 11 (Consumer Assistance Program),
sections 3394.1, ``Purpose and Components of the Consumer Assistance
Program'' (operative October 30, 2000); 3394.2, ``Consumer Assistance
Program Administration'' (operative October 30, 2000); 3394.3, ``State
Assistance Limits'' (operative October 30, 2000); 3394.4, ``Eligibility
Requirements'' (operative August 12, 2008); 3394.5, ``Ineligible
Vehicles'' (operative October 30, 2000); 3394.6, ``Application and
Documentation Requirements'' (operative July 31, 2006).
(ii) Additional material. (A) California Air Resources Board. (1)
Executive Order S-09-008, dated June 9, 2009, adopting the 2009 I/M
Revision.
(2) Non-regulatory portion of the Revised State Implementation Plan
for California's Motor Vehicle Inspection & Maintenance Program (April
7, 2009), excluding chapter 51.351 (except as it applies to the San
Francisco Bay Area), chapter 51.352, and attachments 4 and 5.
(3) Health and Safety Code (2009): Division 26, Part 1, Chapter 2,
section 39032.5; Part 5, Chapter 5 (Motor Vehicle Inspection Program),
Articles 1-9.
(4) Business and Professions Code (2008): Division 3, Chapter 20.3
(Automotive Repair), Article 4, sections 9886, 9886.1, 9886.2, 9886.3,
9886.4.
(5) Vehicle Code (2009): Division 3, Chapter 1 (Original and Renewal
of Registration; Issuance of Certificates of Title), Article 1, sections
4000.1, 4000.2, 4000.3, 4000.6.
(373) The following revisions to the California Motor Vehicle
Inspection and Maintenance Program were submitted on October 28, 2009,
by the Governor's Designee.
(i) [Reserved]
(ii) Additional material. (A) California Air Resources Board. (1)
California I/M Program SIP Revision--Additional Enhanced I/M Performance
Modeling, Tables of Results, excluding New Mobile 6 Input and Output
Files and New Registration Distribution Files.
[[Page 476]]
(374) The following revisions to the California Reformulated
Gasoline Regulations were submitted on June 15, 2004 (2004 RFG
Revision), by the Governor's Designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Title 13, California Code of Regulations, Division 3 (Air
Resources Board), Chapter 5 (Standards for Motor Vehicle Fuels), Article
1 (Standards for Gasoline), Subarticle 1 (Gasoline Standards That Became
Applicable Before 1996), sections 2253.4, ``Lead in Gasoline''
(operative August 12, 1991); 2254, ``Manganese Additive Content''
(operative August 12, 1991); 2257, ``Required Additives in Gasoline''
(operative July 16, 1999); 2259, ``Exemptions for Motor Vehicle Fuels
Used in Test Programs'' (operative February 15, 1995); Subarticle 2
(Standards for Gasoline Sold Beginning March 1, 1996), sections 2260,
``Definitions'' (operative May 1, 2003); 2261, ``Applicability of
Standards; Additional Standards'' (operative May 1, 2003); 2262, ``The
California Reformulated Gasoline Phase 2 and Phase 3 Standards''
(operative December 24, 2002); 2262.3, ``Compliance With the CaRFG Phase
2 and CaRFG Phase 3 Standards for Sulfur, Benzene, Aromatic
Hydrocarbons, Olefins, T50 and T90'' (operative August 20, 2001);
2262.4, ``Compliance With the CaRFG Phase 2 and CaRFG Phase 3 Standards
for Reid Vapor Pressure'' (operative December 24, 2002); 2262.5,
``Compliance With the Standards for Oxygen Content'' (operative December
24, 2002); 2262.6, ``Prohibition of MTBE and Oxygenates Other Than
Ethanol in California Gasoline Starting December 31, 2003'' (operative
May 1, 2003); 2262.9, ``Requirements Regarding Denatured Ethanol
Intended For Use as a Blend Component in California Gasoline''
(operative December 24, 2002); 2263, ``Sampling Procedures and Test
Methods'' (operative May 1, 2003); 2263.7, ``Multiple Notification
Requirements'' (operative September 2, 2000); 2264, ``Designated
Alternative Limits'' (operative August 20, 2001); 2264.2, ``Election of
Applicable Limit for Gasoline Supplied From a Production or Import
Facility'' (operative September 2, 2000); 2265, ``Gasoline Subject to PM
Alternative Specifications Based on the California Predictive Model''
(operative December 24, 2002); 2266, ``Certified Gasoline Formulations
Resulting in Equivalent Emission Reductions Based on Motor Vehicle
Emissions Testing'' (operative August 20, 2001); 2266.5, ``Requirements
Pertaining to California Reformulated Gasoline Blendstock for Oxygen
Blending (CARBOB) and Downstream Blending'' (operative May 1, 2003);
2267, ``Exemptions for Gasoline Used in Test Programs'' (operative
September 2, 2000); 2268, ``Liability of Persons Who Commit Violations
Involving Gasoline That Has Not Yet Been Sold or Supplied to a Motor
Vehicle'' (operative September 2, 2000); 2269, ``Submittal of Compliance
Plans'' (operative December 24, 2002); 2270, ``Testing and
Recordkeeping'' (operative December 24, 2002); 2271, ``Variances''
(operative December 24, 2002); 2272, ``CaRFG Phase 3 Standards for
Qualifying Small Refiners'' (operative May 1, 2003); 2273, ``Labeling of
Equipment Dispensing Gasoline Containing MTBE'' (operative May 1, 2003);
2273.5, ``Documentation Provided with Delivery of Gasoline to Retail
Outlets'' (operative May 1, 2003).
(2) ``California Procedures for Evaluating Alternative
Specifications for Phase 2 Reformulated Gasoline Using the California
Predictive Model,'' as last amended December 11, 1998.
(3) ``California Procedures for Evaluating Alternative
Specifications for Phase 3 Reformulated Gasoline Using the California
Predictive Model,'' as last amended April 25, 2001.
(4) ``California Procedures for Evaluating Alternative
Specifications for Gasoline Using Vehicle Emissions Testing,'' as last
amended April 25, 2001.
(5) ``Procedures for Using the California Model for California
Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB),'' as
adopted April 25, 2001.
(ii) Additional material. (A) California Air Resources Board.
(1) Executive Order G-125-320, dated June 15, 2004, adopting the
2004 RFG Revision.
(2) The following additional material is available for inspection at
EPA Region 9. To inspect this material, please contact EPA Region 9, 75
Hawthorne Street, San Francisco, California,
[[Page 477]]
94105, Chief of Air Planning, (415) 947-8021.
(i) Standard Test Method for Determination of Ethanol Content of
Denatured Fuel Ethanol by Gas Chromatography, Designation: D 5501-94
(1998); Standard Test Method for Gum Content in Fuels by Jet
Evaporation, Designation: D 381-00; Standard Test Method for Water Using
Volumetric Karl Fischer Titration, Designation: E 203-96; Standard Test
Method for Water in Organic Liquids by Coulometric Karl Fischer
Titration, Designation: E 1064-00; Standard Test Methods for Chloride
Ion In Water, Designation: D 512-89 (1999); Standard Test Methods for
Copper in Water, Designation: D 1688-95; Standard Test Method for
Acidity in Volatile Solvents and Chemical Intermediates Used in Paint,
Varnish, Lacquer, and Related Products, Designation: D 1613-96 (1999);
Standard Test Method for Determination of pHe of Ethanol, Denatured Fuel
Ethanol, and Fuel Ethanol (Ed75-Ed85), Designation: D 6423-99.
(ii) Standard Test Method for Determination of Total Sulfur in Light
Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence,
Designation: D 5453-93.
(iii) Standard Test Method for Determination of MTBE, ETBE, TAME,
DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas
Chromatography, Designation: D 4815-99; Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure, Designation:
D 86-99a; Standard Test Method for Determination of Olefin Content of
Gasolines by Supercritical-Fluid Chromatography, Designation: D 6550-00.
(375) The following revisions to the California Reformulated
Gasoline Regulations were submitted on February 3, 2009 (2009 RFG
Revision), by the Governor's Designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Title 13, California Code of Regulations, Division 3 (Air
Resources Board), Chapter 5 (Standards for Motor Vehicle Fuels), Article
1 (Standards for Gasoline), Subarticle 2 (Standards for Gasoline Sold
Beginning March 1, 1996), sections 2260, ``Definitions'' (operative
August 29, 2008); 2261, ``Applicability of Standards; Additional
Standards'' (operative August 29, 2008); 2262, ``The California
Reformulated Gasoline Phase 2 and Phase 3 Standards'' (operative August
29, 2008); 2262.3, ``Compliance With the CaRFG Phase 2 and CaRFG Phase 3
Standards for Sulfur, Benzene, Aromatic Hydrocarbons, Olefins, T50 and
T90'' (operative August 29, 2008); 2262.4, ``Compliance With the CaRFG
Phase 2 and CaRFG Phase 3 Standards for Reid Vapor Pressure'' (operative
August 29, 2008); 2262.5, ``Compliance With the Standards for Oxygen
Content'' (operative August 29, 2008); 2262.6, ``Prohibition of MTBE and
Oxygenates Other Than Ethanol in California Gasoline Starting December
31, 2003'' (operative April 9, 2005); 2262.9, ``Requirements Regarding
Denatured Ethanol Intended For Use as a Blend Component in California
Gasoline'' (operative August 29, 2008); 2263, ``Sampling Procedures and
Test Methods'' (operative August 29, 2008); 2263.7, ``Multiple
Notification Requirements'' (operative August 29, 2008); 2264,
``Designated Alternative Limits'' (operative August 20, 2001); 2264.2,
``Election of Applicable Limit for Gasoline Supplied From a Production
or Import Facility'' (operative August 29, 2008); 2265, ``Gasoline
Subject to PM Alternative Specifications Based on the California
Predictive Model'' (operative August 29, 2008); 2265.1, ``Offsetting
Emissions Associated with Higher Sulfur Levels'' (operative August 29,
2008); 2265.5, ``Alternative Emission Reduction Plan (AERP)'' (operative
August 29, 2008); 2266, ``Certified Gasoline Formulations Resulting in
Equivalent Emission Reductions Based on Motor Vehicle Emissions
Testing'' (operative August 29, 2008); 2266.5, ``Requirements Pertaining
to California Reformulated Gasoline Blendstock for Oxygen Blending
(CARBOB) and Downstream Blending'' (operative August 29, 2008); 2270,
``Testing and Recordkeeping'' (operative August 29, 2008); 2271,
``Variances'' (operative August 29, 2008); 2273, ``Labeling of Equipment
Dispensing Gasoline Containing MTBE'' (operative August 29, 2008).
(2) ``California Procedures for Evaluating Alternative
Specifications for Phase 3 Reformulated Gasoline Using
[[Page 478]]
the California Predictive Model,'' as last amended August 7, 2008.
(3) ``Procedures for Using the California Model for California
Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB),'' as
last amended August 7, 2008.
(ii) Additional material. (A) California Air Resources Board.
(1) Executive Order S-09-001, dated February 3, 2009, adopting the
2009 RFG Revision.
(376) The following revisions to the California Diesel Fuel
Regulations were submitted on February 3, 2009 (2009 Diesel Fuels
Revision), by the Governor's Designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Title 13, California Code of Regulations, Division 3 (Air
Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices),
Article 1 (General Provisions), sections 1956.8, ``Exhaust Emissions
Standards and Test Procedures--1985 and Subsequent Model Heavy-Duty
Engines and Vehicles'' (operative December 31, 2008); 1960.1, ``Exhaust
Emissions Standards and Test Procedures--1981 through 2006 Model
Passenger Cars, Light-Duty and Medium-Duty Vehicles'' (operative March
26, 2004); 1961, ``Exhaust Emissions Standards and Test Procedures--2004
and Subsequent Model Passenger Cars, Light-Duty and Medium-Duty
Vehicles'' (operative June 16, 2008); Chapter 5 (Standards for Motor
Vehicle Fuels), Article 2 (Standards for Diesel Fuel), sections 2281,
``Sulfur Content of Diesel Fuel'' (operative August 4, 2005); 2282,
``Aromatic Hydrocarbon Content of Diesel Fuel'' (operative August 4,
2005); 2284, ``Lubricity of Diesel Fuel'' (operative August 4, 2005);
2285, ``Exemption from Diesel Fuel Requirements for Military-
Specification Fuels Used in Qualifying Military Vehicles'' (operative
August 14, 2004); Chapter 14 (Verification Procedure, Warranty and In-
Use Compliance Requirements for In-Use Strategies to Control Emissions
from Diesel Engines), section 2701, ``Definitions'' (operative January
1, 2005).
(2) Title 17, California Code of Regulations, Division 3 (Air
Resources), Chapter 1 (Air Resources Board), Subchapter 7.5 (Airborne
Toxic Control Measures), section 93114, ``Airborne Toxic Control Measure
To Reduce Particulate Emissions from Diesel-Fueled Engines--Standards
for Nonvehicular Diesel Fuel'' (operative August 14, 2004).
(ii) Additional material. (A) California Air Resources Board.
(1) Executive Order S-09-001, dated February 3, 2009, adopting the
2009 Diesel Fuels Revision.
(377) New and amended regulations were submitted on September 15,
2009.
(i) Incorporation by Reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 452, ``Can Coating,'' Rule 454, ``Degreasing Operations,''
Rule 463, ``Wood Products Coatings,'' adopted September 25, 2008.
(2) Rule 466, ``Solvent Cleaning,'' adopted on May 23, 2002.
(3) Rule 456, ``Aerospace Assembly and Component Coating
Operations,'' amended on October 23, 2008.
(4) Rule 465, ``Polyester Resin Operations,'' amended on September
25, 2008.
(5) Rule 464, ``Organic Chemical Manufacturing Operations,'' adopted
on September 25, 2008.
(B) Yolo Solano Air Quality Management District.
(1) Rule 2.37, ``Natural Gas-Fired Water Heaters and Small
Boilers,'' revised on April 8, 2009.
(2) Rule 2.42, ``Nitric Acid Production,'' adopted on May 13, 2009.
(C) Ventura County Air Pollution Control District.
(1) Rule 70, ``Storage and Transfer of Gasoline,'' adopted on March
10, 2009.
(378) New and amended regulations were submitted on January 10, 2010
by the Governor's designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District.
(1) Rule 1173, ``Control of Volatile Organic Compound Leaks and
Releases from Components at Petroleum Facilities and Chemical Plants,''
amended on February 6, 2009.
(2) Rule 1132, ``Further Control of VOC Emissions From High-Emitting
Spray Booth Facilities,'' amended on May 5, 2006.
[[Page 479]]
(3) Rule 1148.1, ``Oil and Gas Production Wells,'' adopted on March
5, 2004.
(B) Placer County Air Pollution Control District.
(1) Rule 245, ``Surface Coating of Metal Parts and Products,''
amended on August 20, 2009.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.12, ``Surface Coating of Metal Parts and Products,''
adopted on April 8, 2008.
(2) Rule74.29, ``Soil Decontamination Operations,'' adopted on April
8, 2008.
(D) San Joaquin Valley Air Pollution Control District
(1) Rule 4311, ``Flares,'' amended on June 18, 2009.
(E) Feather River Air Quality Management District.
(1) Rule 3.22, ``Internal Combustion Engines,'' adopted on June 01,
2009.
(379) New and amended regulations for the following APCDs were
submitted on May 17, 2010 by the Governor's designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District.
(1) Rule 1144, ``Vanishing Oils and Rust Inhibitors,'' adopted on
March 6, 2009.
(2) Rule 1145, ``Plastic, Rubber, Leather, and Glass Coatings,''
amended on December 4, 2009.
(3) Rule 1111, ``Reduction of NOX Emissions from Natural
Gas-Fired, Fan-Type Central Furnaces,'' amended on November 6, 2009.
(4) Rule 1147, ``NOX Reductions from Miscellaneous
Sources,'' adopted on December 5, 2008.
(5) Rule 1157, ``PM10 Emission Reductions from Aggregate
and Related Operations,'' adopted on September 6, 2006.
(6) Previously approved on August 4, 2010 in paragraph
(c)(379)(i)(A)(3) of this section and now deleted with replacement in
paragraph (c)(461)(i)(C)(2), Rule 1111, ``Reduction of NOX
Emissions from Natural-Gas-Fired Fan-Type Central Furnaces,'' amended on
November 6, 2009.
(7) Previously approved on August 4, 2010 in paragraph
(c)(379)(i)(A)(4) of this section and now deleted with replacement in
paragraph (c)(428)(i)(D)(2), Rule 1147, ``NOX Reductions from
Miscellaneous Sources,'' adopted on December 5, 2008.
(B) San Diego County Air Pollution Control District.
(1) Rule 2, ``Definitions,'' Rev. Adopted and Effective on June 30,
1999, Table 1--Exempt Compounds: Rev. and Effective on November 4, 2009.
(2) Previously approved on September 17, 2010 in paragraph
(c)(379)(i)(B)(1) of this section and now deleted with replacement in
paragraph (c)(488)(i)(A)(1), Rule 2, ``Definitions,'' Rev. Adopted and
Effective on June 30, 1999, Table 1--Exempt Compounds: Rev. and
Effective on November 4, 2009.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4308, ``Boilers, Steam Generators and Process Heaters --
0.075 MMBtu/hr to less than 2.0 MMbtu/hr,'' adopted on December 17,
2009.
(2) Rule 4695, ``Brandy Aging and Wine Aging Operations'' adopted on
September 17, 2010.
(3) Rule 4602, ``Motor Vehicle Assembly Coatings,'' amended on
September 17, 2009.
(4) Rule 4603, ``Surface Coating of Metal Parts and Products,
Plastic Parts and Products and Pleasure Crafts,'' amended on September
17, 2009.
(5) Rule 4692, ``Commercial Charbroiling,'' amended on September 17,
2009.
(6) Rule 4601, ``Architectural Coatings'', amended on December 17,
2009.
(7) Rule 9410, ``Employer Based Trip Reduction,'' adopted on
December 17, 2009.
(D) Placer County Air Pollution Control District
(1) Rule 233, ``Biomass Boilers,'' amended on December 10, 2009.
(E) Mojave Desert Air Quality Management District.
(1) Rule 1159, ``Stationary Gas Turbines,'' amended on September 28,
2009.
(380) The following plan was submitted on July 14, 2010, by the
Governor's Designee.
(i) Incorporation by reference. (A) Great Basin Unified Air
Pollution Control District.
(1) ``Board Order 080128-01 Requiring the City of Los Angeles to
Undertake Measures to Control PM-10 Emissions
[[Page 480]]
from the Dried Bed of Owens Lake,'' including Attachments A-D, adopted
February 1, 2008, and included as Appendix C to the ``2010 PM-10
Maintenance Plan and Redesignation Request for the Coso Junction
Planning Area,'' adopted May 17, 2010.
(ii) Additional materials. (A) Great Basin Unified Air Pollution
Control District (GBUAPCD).
(1) Non-regulatory portions of ``The 2010 PM-10 Maintenance Plan and
Redesignation Request for the Coso Junction Planning Area'' (the 2010
Plan), including Appendices A, B, and D, adopted May 17, 2010.
(2) Letter dated June 10, 2010 from Theodore D. Schade, GBUAPCD, to
Deborah Jordan, United States Environmental Protection Agency Region 9,
regarding Coso Junction PM-10 Contingency Measures.
(3) GBUAPCD Board Resolution 2010-01, dated May 17, 2010, adopting
the 2010 Plan.
(B) California Air Resources Board (CARB).
(1) CARB Resolution 10-25, dated June 24, 2010, adopting the 2010
Plan.
(381) New and amended regulations were submitted on July 20, 2010,
by the Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 101, ``Definitions,'' adopted on February 23, 2010.
(2) Rule 424, ``Architectural Coatings,'' amended on February 23,
2010.
(3) Rule 425, ``Aerospace Coating Operations,'' revised February 23,
2010.
(4) Rule 427, ``Automotive Refinishing Operations,'' revised
February 23, 2010.
(5) Rule 400.1, ``Stationary Gas Turbine(s)--Reasonably Available
Control Technology (RACT),'' adopted on February 23, 2010.
(6) Rule 116, ``Emissions Statement and Certification,'' adopted on
February 23, 2010.
(7) Rule 400.2, ``Boilers, Process Heaters and Steam Generators,''
adopted on February 23, 2010.
(B) Kern County Air Pollution Control District.
(1) Rule 102, ``Definitions,'' adopted on March 11, 2010.
(2) Rule 410.1A, ``Architectural Coatings,'' adopted on March 11,
2010. Effective as of 1/1/2011.
(C) Ventura County Air Pollution Control District.
(1) Rule 2, ``Definitions'', ``Exempt Organic Compounds,'' revised
on January 12, 2010.
(2) Rule 74.2, ``Architectural Coatings,'' amended on January 12,
2010.
(D) Northern Sierra Air Quality Management District
(1) Rule 215, ``Phase II Vapor Recovery System Requirements,''
amended on February 22, 2010.
(E) Placer County Air Pollution Control District.
(1) Rule 502, ``New Source Review,'' as adopted on February 11,
2010.
(F) Feather River Air Quality Management District.
(1) Rule 10.1, ``New Source Review,'' as amended on October 5, 2009,
except section C, as adopted on February 8, 1993.
(G) Antelope Valley Air Quality Management District.
(1) Rule 1134, ``Stationary Gas Turbines,'' amended on January 19,
2010.
(2) Rule 109, ``Recordkeeping for Volatile Organic Compound
Emissions,'' amended April 20, 2010.
(3) Rule 403, ``Fugitive Dust,'' amended on April 20, 2010.
(H) Mojave Desert Air Quality Management District
(1) Rule 1117, ``Graphic Arts and Paper, Film, Foil and Fabric
Coatings,'' amended September 28, 2009.
(I) Yolo-Solano Air Quality Management District.
(1) Rule 2.3, ``Ringelmann Chart,'' revised on January 13, 2010.
(2) Rule 2.11, ``Particulate Matter Concentration,'' revised on
January 13, 2010.
(3) Rule 2.12, ``Specific Contaminants,'' revised on January 13,
2010.
(J) San Diego Air Pollution Control District.
(1) Rule 66.1, ``Miscellaneous Surface Coating Operations and Other
Processes Emitting Volatile Organic Compounds,'' adopted on February 24,
2010.
(K) South Coast Air Quality Management District.
(1) Rule 1112.1, ``Emissions of Particulate Matter and Carbon
Monoxide
[[Page 481]]
from Cement Kilns,'' amended on December 4, 2009.
(382) New and amended regulations for the following APCDs were
submitted on July 11, 2007, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Permit to Operate for the Kiefer Landfill (``Permit to Operate
No. 17359 (Rev01)''), as revised on November 13, 2006.
(ii) Additional materials. (A) El Dorado County Air Quality
Management District.
(1) El Dorado County Air Quality Management District Reasonably
Available Control Technology (RACT) State Implementation Plan (SIP)
Update Analysis Staff Report (``2006 RACT SIP'') adopted on February 6,
2007.
(B) Feather River Air Quality Management District.
(1) 2006 Reasonably Available Control Technology (RACT) Analysis for
State Implementation Plan (SIP) (``2006 RACT SIP'') as adopted on
December 4, 2006.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Reasonably Available Control Technology (RACT) as Applicable to
the 8-Hour Ozone Standard, dated October 26, 2006, as adopted October
26, 2006, excluding the RACT determinations for:
(i) Pharmaceutical Products Manufacturing Source Category; and
(ii) Kiefer Landfill (RACT for volatile organic compounds).
(D) Placer County Air Pollution Control District.
(1) 2006 Reasonably Available Control Technology State
Implementation Plan Update Analysis, as adopted on August 10, 2006.
(E) Mojave Desert Air Quality Management District.
(1) 8-Hour Reasonably Available Control Technology--State
Implementation Plan Analysis (RACT SIP Analysis), August 2006, adopted
on January 22, 2007.
(383) New and amended regulations were submitted on February 16,
2010, by the Governor's designee.
(i) Incorporation by Reference. (A) California Air Resources Board.
(1) Executive Order R-08-016, dated May 5, 2009.
(2) ``Final Regulation Order, Regulation for Reducing Emissions from
Consumer Products,'' California Code of Regulations, Title 17 (Public
Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board),
Subchapter 8.5 (Consumer Products), Article 2 (Consumer Products),
amendment filed 6-18-2009, operative 7-18-2009.
(384) New and amended regulations for the following APCD's were
submitted on September 10, 2010 by the Governor's designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District
(1) Resolution No. 10-20, dated July 9, 2010.
(2) ``Revision to the State Implementation Plan for the South Coast
Air Quality Management District, State of California: Sulfur Oxides and
Particulate Matter Offset Requirements for the Proposed CPV Sentinel
Power Plant to be Located in Desert Hot Springs, California, Including
AB 1318 Offset Tracking System'', which is incorporated by reference in
Resolution No. 10-20, dated July 9, 2010.
(3) ``CPV Sentinel Energy Project AB 1318 Tracking System'', which
is incorporated by reference in Resolution No. 10-20, dated July 9,
2010.
(385) New and amended regulations for the following APCDs were
submitted on February 28, 2011.
(i) Incorporation by Reference. (A) [Reserved]
(B) Northern Sonoma County Air Pollution Control District.
(1) Rule 130, ``Definitions,'' amended December 14, 2010.
(2) Previously approved on May 6, 2011 in paragraph
(c)(385)(i)(B)(1) of this section and now deleted with replacement in
paragraph (c)(480)(i)(A)(1) of this section, Rule 130, ``Definitions,''
amended December 14, 2010.
(386) The following plan was submitted on November 16, 2007, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board
(CARB).
[[Page 482]]
(1) CARB Resolution 07-28, dated September 27, 2007, adopting the
``2007 State Implementation Plan for the 1997 ozone and PM2.5
National Ambient Air Quality Standards'' (``2007 State Strategy'').
(2) ``Interstate Transport State Implementation Plan (SIP) for the
1997 8-hour Ozone Standard and PM2.5 to satisfy the
Requirements of Clean Air Act section 110(a)(2)(D)(i) for the State of
California (September 21, 2007),'' as modified by Attachment A and
submitted as Appendix C to the 2007 State Strategy (``2007 Transport
SIP''), at page 5 (``Evaluation of Interference with Other States'
Measures Required to Meet Regional Haze and Visibility SIP
Requirements'').
(3) 2007 Transport SIP at pages 19-20 (Attachment A) (``Evaluation
of Significant Contribution to Nonattainment or Interference with
Maintenance of Attainment Standards in Another State'').
(4) 2007 Transport SIP at pages 21-22 (Attachment A) (``Evaluation
of interference with Prevention of Significant Deterioration Measures of
any other State'').
(5) ``110(a)(2) Infrastructure SIP,'' submitted as Appendix B to the
2007 State Strategy, and ``Legal Authority and Other Requirements,''
submitted as Appendix G to the 2007 State Strategy (collectively, ``2007
Infrastructure SIP'').
(387) The following plan was submitted on March 16, 2009, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board
(CARB).
(1) CARB Resolution 09-4, dated January 22, 2009, adopting the
``California Regional Haze Plan''.
(2) The ``California Regional Haze Plan'', adopted on January 22,
2009, as amended and supplemented on September 8, 2009 in a ``letter
from James N. Goldstene, CARB to Laura Yoshii, United States
Environmental Protection Agency'', and as amended and supplemented on
June 9, 2010 in a ``letter from James N. Goldstene, CARB to Jared
Blumenfeld, United States Environmental Protection Agency''.
(388) New and amended regulations for the following APCD were
submitted on April 5, 2011 by the Governor's Designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District--SCAQMD)
(1) Rule 1143, ``Consumer Paint Thinners & Multi-purpose Solvents,''
adopted on March 6, 2009 and amended December 3, 2010.
(2) Rule 1144, ``Metal Working Fluids and Direct-Contact
Lubricants,'' adopted on March 6, 2009, and amended July 9, 2010.
(3) Rule 1175, ``Control of Emissions from the Manufacture of
Polymeric Cellular (Foam) Products,'' amended November 5, 2010.
(4) Rule 2002, ``Allocations for Oxides of Nitrogen (NOX)
and Oxides of Sulfur (SOX),'' amended November 5, 2010.
(5) Rule 1171, ``Solvent Cleaning Operations,'' amended February 1,
2008.
(6) Previously approved on August 12, 2011 in paragraph
(c)(388)(i)(A)(4) of this section and now deleted with replacement in
(c)(491)(i)(A)(2), Rule 2002, ``Allocations for NOX &
SOX,'' amended on October 7, 2016.
(B) San Joaquin Valley Air Pollution Control District.
(1) Rule 4354, ``Glass Melting Furnaces,'' amended on September 16,
2010.
(2) Rule 4103, ``Open Burning,'' amended on April 15, 2010, not
effective until June 1, 2010.
(3) Table 9-1, Revised Proposed Staff Report and Recommendations on
Agricultural Burning, approved on May 20, 2010.
(4) San Joaquin Valley Air Pollution Control District, Resolution
No. 10-05-22, adopted on May 20, 2010.
(5) California Air Resources Board, Resolution 10-24, adopted on May
27, 2010.
(6) Rule 4570, ``Confined Animal Facilities,'' amended on October
21, 2010.
(7) Rule 4612, ``Motor Vehicle and Mobile Equipment Coating,''
amended on October 21, 2010.
(8) Rule 4653, ``Adhesives and Sealants,'' amended on September 16,
2010.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 321, ``Solvent Cleaning Machines and Solvent Cleaning,''
revised September 20, 2010.
[[Page 483]]
(D) Sacramento Metropolitan Air Quality Management District.
(1) Rule 466, ``Solvent Cleaning,'' amended October 28, 2010.
(2) Rule 414, ``Water Heaters, Boilers and Process Heaters Rated
Less Than 1,000,000 BTU per hour,'' amended on March 25, 2010.
(3) Rule 451, ``Surface Coating of Miscellaneous Metal Parts and
Products,'' amended October 28, 2010.
(4) Rule 448, ``Gasoline Transfer into Stationary Storage
Containers,'' amended on February 26, 2009.
(5) Rule 449, ``Transfer of Gasoline into Vehicle Fuel Tanks,''
amended on February 26, 2009.
(E) Placer County Air Pollution Control District.
(1) Rule 236, ``Wood Products and Coating Operations,'' amended
October 14, 2010, effective July 1, 2011.
(2) Rule 238, ``Factory Coating of Flat Wood Paneling,'' amended
October 14, 2010, effective July 1, 2011.
(3) Rule 218, ``Architectural Coatings,'' amended October 14, 2010.
(4) Rule 234, ``Automotive Refinishing Operations,'' adopted
November 3, 1994 and amended October 14, 2010, effective July 1, 2011.
(F) Mojave Desert Air Quality Management District.
(1) Rule 1116, ``Automotive Refinishing Operations,'' amended on
August 23, 2010.
(G) Lake County Air Quality Management District.
(1) Lake County Air Quality Management District Board of Directors
Resolution 2010-174 adopting Section 470, ``Air Toxics Control Measure
for Emissions of Toxic Particulate Matter from In-Use Agricultural
Compression Ignition Engines,'' adopted on September 21, 2010, as
``Exhibit A.''
(H) Yolo-Solano Air Quality Management District.
(1) Rule 2.43, ``Biomass Boilers,'' adopted on November 10, 2010.
(389) New and amended regulations were submitted on December 7,
2010, by the Governor's Designee.
(i) Incorporation by Reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 214, ``Federal New Source Review,'' as adopted on October
28, 2010.
(B)(1) [Reserved]
(2) Rule 242, ``Stationary Internal Combustion Engines,'' adopted on
April 10, 2003.
(3) Rule 246, ``Natural Gas-Fired Water Heaters,'' adopted on June
19, 1997.
(4) Rule 503, ``Emission Statement,'' amended on August 12, 2010.
(390) Amended regulations were submitted on January 28, 2011, by the
Governor's Designee.
(i) Incorporation by Reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 203, ``Prevention of Significant Deterioration,'' as
amended on January 27, 2011.
(B) Placer County Air Pollution Control.
(1) Rule 243, ``Polyester Resin Operations,'' adopted on April 10,
2003.
(391) New and amended regulations were submitted on June 21, 2011 by
the Governor's designee. Final approval of these regulations is based,
in part, on the clarifications contained in letters dated July 6, 2012
and August 20, 2012 from the Placer County Air Pollution Control
District regarding specific implementation of parts of the Prevention of
Significant Deterioration program.
(i) Incorporation by reference. (A) Eastern Kern Air Pollution
Control District.
(1) Rule 102, ``Definitions,'' amended on January 13, 2011.
(2) Rule 202, ``Permit Exemptions,'' amended on January 13, 2011.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 102, ``Definitions,'' revised on January 20, 2011.
(C) Placer County Air Pollution Control District.
(1) Rule 518, ``Prevention of Significant Deterioration (PSD) Permit
Program,'' adopted on February 10, 2011.
(2) Previously approved on December 10, 2012 in paragraph
(c)(391)(i)(C)(1) of this section and now deleted with replacement in
paragraph (c)(497)(i)(B)(2) of this section, Rule 518, ``Prevention of
Significant Deterioration (PSD) Permit Program.''
(ii) Additional materials. (A) Placer County Air Pollution Control
District (PCAPCD).
[[Page 484]]
(1) Letter dated July 6, 2012 from Thomas J. Christofk, PCAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 518 and 40 CFR 51.166.
(2) Letter dated August 20, 2012 from Thomas Christofk, PCAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 518 and 40 CFR 52.21(k)(2).
(392) A plan was submitted on June 30, 2008 by the Governor's
designee.
(i) [Reserved]
(ii) Additional Material. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) 2008 PM2.5 Plan, adopted on April 30, 2008.
(2) SJVUAPCD Governing Board, In the Matter of: Adopting the San
Joaquin Valley Unified Air Pollution Control District 2008
PM2.5 Plan, Resolution No. 08-04-10, April 30, 2008.
Commitments to achieve emissions reductions (including emissions
reductions of 8.97 tpd of NOX, 6.7 tpd of direct
PM2.5, and 0.92 tpd of SOx by 2014) as described in Table 6-
3a (p. 6-11), Table 6-3b (p. 6-12), and Table 6-3c (p. 6-12)
respectively of the 2008 PM2.5 Plan and commitments to adopt
and submit control measures as described in Table 6-2 (p. 6-9) of the
2008 PM2.5 Plan, as amended June 17, 2010.
(B) State of California Air Resources Board.
(1) CARB Resolution No. 08-28 with Attachment A, May 22, 2008.
(393) An amended plan was submitted on August 12, 2009 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) State of California Air Resources
Board.
(1) Status Report on the State Strategy for California's 2007 State
Implementation Plan (SIP) and Proposed Revisions to the SIP Reflecting
Implementation of the 2007 State Strategy, pages 11-17, April 24, 2009.
(2) CARB Resolution No. 09-34, April 24, 2009.
(394) An amended plan was submitted on September 15, 2010 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) 2008 PM2.5 Plan Amendment to Extend the Rule 4905
Amendment Schedule, June 17, 2010.
(2) SJVUAPCD Governing Board, In the Matter of: Proposed Amendments
to the 2008 PM2.5 Plan to Extend the Rule Amendment Schedule
for Rule 4905 (Natural Gas-Fired, Fan-Type Residential Central
Furnaces), Resolution 10-06-18, June 17, 2010.
(B) State of California Air Resources Board.
(1) Executive Order S-10-003, Relating to Approval of Amendments to
the 2008 PM2.5 Plan to Extend the Rule Amendment Schedule for
Rule 4905 (Natural Gas-Fired, Fan-Type Residential Central Furnaces),
September 15, 2010.
(395) An amended plan was submitted on May 18, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) State of California Air Resources
Board.
(1) Progress Report on Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions, Release Date: March 29, 2011.
(2) CARB Resolution No. 11-24, April 28, 2011. Commitment to propose
measures as described in Appendix B of the Progress Report on the
Implementation of PM2.5 State Implementation Plans (SIP) for
the South Coast and San Joaquin Valley Air Basins and Proposed SIP
Revisions.
(3) Executive Order S-11-010, ``Approval of Revisions to the Fine
Particulate Matter State Implementation Plans for the South Coast Air
Quality Management Plans for the South Coast Air Quality Management
District and the San Joaquin Valley Air Pollution Control District,''
May 18, 2011.
(396) An amended plan was submitted on July 29, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) State of California Air Resources
Board.
(1) 8-Hour Ozone State Implementation Plan Revisions and Technical
Revisions to the PM2.5 State Implementation Plan
Transportation Conformity
[[Page 485]]
Budgets for the South Coast and San Joaquin Valley Air Basins, Appendix
A, page A-6, (dated June 20, 2011), adopted July 21, 2011.
(i) Commitment to develop and submit by 2020 revisions to the SIP
that will: Reflect modifications to the 2023 emissions reduction target
based on updated science and identify additional strategies and
implementing agencies needed to achieve the needed reductions by 2023 as
given in the 2011 Ozone SIP Revisions on page A-8.
(2) CARB Resolution No. 11-22, July 21, 2011.
(i) Commitment to develop, adopt and submit by 2020 contingency
measures to be implemented if advanced technology measures do not
achieve the planned reductions and attainment contingency measures
meeting the requirements of CAA 172(c)(9), pursuant to CAA section
182(e)(5) as given on page 4.
(ii) Commitment to update the air quality modeling in the SJV 2007
Ozone Plan to reflect the emissions inventory improvements and any other
new information by December 31, 2014 or the date by which state
implementation plans are due for the expected revision to the Federal 8-
hour ozone standard whichever comes first, as provided on page 3.
(iii) Commitments to propose measures as provided in Appendix B,
Table B-1 of the Progress Report on the Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions (Release Date: March 29, 2011),
adopted April 28, 2011, as amended by Appendix A, p. A-7 of the 8-Hour
Ozone State Implementation Plan Revisions and Technical Revisions to the
PM2.5 State Implementation Plan Transportation Conformity
Budgets for the South Coast and San Joaquin Valley Air Basins (Release
Date: June 20, 2011), adopted July 21, 2011.
(3) Executive Order S-11-016, ``Approval of Revisions to the 8-Hour
Ozone State Implementation Plans for the South Coast Air Quality
Management District and the San Joaquin Valley Air Pollution Control
District,'' July 29, 2011.
(397) A plan was submitted on November 16, 2007 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) State of California Air Resources
Board.
(1) Proposed State Strategy for California's 2007 State
Implementation Plan, adopted on September 27, 2007.
(2) CARB Resolution No. 07-28 with Attachments A and B, September
27, 2007. Commitment to achieve the total emissions reductions necessary
to attain the Federal standards in the South Coast air basin, which
represent 6.1 tons per day (tpd) of direct PM2.5, 38.1 tpd of
SOX, 33.6 tpd of VOC and 118.2 tpd of nitrogen oxides by 2014
for purposes of the 1997 PM2.5 NAAQS, as described in
Resolution No. 07-28 at Attachment B, pp. 3-5, and modified by CARB
Resolution No. 09-34 (April 24, 2009) adopting the ``Status Report on
the State Strategy for California's 2007 State Implementation Plan (SIP)
and Proposed Revision to the SIP reflecting Implementation of the 2007
State Strategy,'' and by CARB Resolution 11-24 (April 28, 2011) adopting
the ``Progress Report on Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions.''.
(3) Executive Order S-07-002, Relating to Approval of the State
Strategy for California's State Implementation Plan (SIP) for the
Federal 8-Hour Ozone and PM2.5 Standards, November 16, 2007.
(4) CARB Resolution No. 07-20 with Attachment A, June 14, 2007.
(5) CARB Resolution No. 07-28 with Attachments A and B, September
27, 2007. Commitment to achieve the total emissions reductions necessary
to attain the Federal standards in the South Coast air basin, which
represent 152 tpd of NOX and 46 tpd of VOC by 2014, and 54
tpd of VOC and 141 tpd of nitrogen oxides by 2023 for purposes of the
1997 8-hour ozone NAAQS, as described in Resolution No. 07-28 at
Attachment B, p. 4, and modified by CARB Resolution No. 09-34 (April 24,
2009) adopting the ``Status Report on the State Strategy for
California's 2007 State Implementation Plan (SIP) and Proposed Revision
to the SIP reflecting Implementation of the 2007 State Strategy.''
[[Page 486]]
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) 2007 Ozone Plan, adopted on April 30, 2007.
(2) SJVUAPCD Governing Board, In the Matter of: Adopting the San
Joaquin Valley Unified Air Pollution Control District 2007 Ozone Plan,
Resolution No. 07-04-11a, April 30, 2007. Commitments to achieve
emissions reductions as described in Table 6-1 of the 2007 Ozone Plan,
as amended December 18, 2008.
(398) A plan was submitted on November 28, 2007 by the Governor's
designee.
(i) [Reserved]
(ii) Additional Material. (A) South Coast Air Quality Management
District.
(1) Final South Coast 2007 Air Quality Management Plan (excluding
those portions of Chapter 4 (``AQMP Control Strategy'') and Chapter 7
(``Implementation'') addressing District-recommended measures for
adoption by CARB and references to those measures (pp. 4-43 through 4-54
and the section titled ``Recommended Mobile Source and Clean Fuel
Control Measures'' in table 7-3, pp. 7-8 and 7-9); those portions of
Chapter 6 (``Clean Air Act Requirements'') and Chapter 7
(``Implementation'') addressing California Clean Air Act Requirements
(pp. 6-13 through 6-22 and page 7-3); those portions of Chapter 4
(``AQMP Control Strategy'') addressing emission and risk reduction goals
identified in the AQMP's proposed control measure MOB-03 (``Proposed
Backstop Measures for Indirect Sources of Emissions from Ports and Port-
Related Facilities'') (p. 4-24); the motor vehicle emissions budgets in
Chapter 6 (``Clean Air Act Requirements'') (pp. 6-24 through 6-26), and
Chapter 8 (``Future Air Quality--Desert Nonattainment Areas'')), adopted
on June 1, 2007.
(2) SCAQMD Governing Board Resolution 07-9, ``A Resolution of the
Governing Board of the South Coast Air Quality Management District
certifying the final Program Environmental Impact Report for the 2007
Air Quality Management Plan, adopting the Final 2007 Air Quality
Management Plan (AQMP), to be referred to after adoption as the Final
2007 AQMP, and to fulfill USEPA Requirements for the use of emissions
reductions form the Carl Moyer Program in the State Implementation
Plan,'' June 1, 2007. Commitments to achieve emissions reductions
(including emissions reductions of 2.9 tons per day (tpd) of direct
PM2.5, 2.9 tpd of SOX, 10.4 tpd of VOC and 10.8
tpd of nitrogen oxides by 2014) as described by SCAQMD Governing Board
Resolution No. 07-9, p. 10, June 1, 2007, and modified by SCAQMD
Governing Board Resolution 11-9, p. 3, March 4, 2011, and commitments to
adopt and submit control measures as described in Table 4-2A of the
Final 2007 AQMP, as amended March 4, 2011.
(3) SCAQMD Governing Board Resolution 07-9, ``A Resolution of the
Governing Board of the South Coast Air Quality Management District
certifying the final Program Environmental Impact Report for the 2007
Air Quality Management Plan, adopting the Final 2007 Air Quality
Management Plan (AQMP), to be referred to after adoption as the Final
2007 AQMP, and to fulfill USEPA Requirements for the use of emissions
reductions form the Carl Moyer Program in the State Implementation
Plan,'' June 1, 2007. Commitments to achieve emissions reductions
(including emissions reductions of 19.3 tpd of VOC and 9.2 tpd of
nitrogen oxides by 2023) as described by SCAQMD Governing Board
Resolution No. 07-9, p. 10, June 1, 2007, and modified by SCAQMD
Governing Board Resolution 11-9, p. 3, March 4, 2011, and commitments to
adopt and submit control measures as described in Table 4-2A of the
Final 2007 AQMP, as amended March 4, 2011.
(4) Final South Coast 2007 Air Quality Management Plan, Chapter 8
(``Future Air Quality--Desert Nonattainment Areas'') (excluding pp. 8-14
to 8-17 (regarding transportation conformity budgets)), adopted on June
1, 2007.a
(B) State of California Air Resources Board.
(1) CARB Resolution No. 07-41, September 27, 2007.
(399) An amended plan was submitted on May 18, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) State of California Air Resources
Board.
[[Page 487]]
(1) Progress Report on Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions, Appendices B and C. Release Date:
March 29, 2011.
(2) CARB Resolution No. 11-24, April 28, 2011.
(3) Executive Order S-11-010, ``Approval of Revisions to the Fine
Particulate Matter State Implementation Plans for the South Coast Air
Quality Management Plans for the South Coast Air Quality Management
District and the San Joaquin Valley Air Pollution Control District,''
May 18, 2011.
(400) An amended plan was submitted on May 19, 2011 by the
Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 2201, ``New and Modified Stationary Source Review Rule,''
amended on April 21, 2011.
(ii) Additional Material. (A) South Coast Air Quality Management
District.
(1) Revisions to the 2007 PM2.5 and Ozone State
Implementation Plan for South Coast Air Basin and Coachella Valley (SIP
Revisions), adopted on March 4, 2011.
(2) SCAQMD Governing Board Resolution 11-9, ``A Resolution of the
South Coast Air Quality Management District Governing Board (AQMD)
certifying the Addendum to Final Program Environmental Impact Report
(PEIR) for the 2007 Air Quality Management Plan, (AQMP), for a revision
to the Final 2007 AQMP, to be referred to after adoption as the Revision
to the Final 2007 AQMP,'' March 4, 2011.
(B) State of California Air Resources Board.
(1) CARB Resolution No. 11-24, April 28, 2011. Commitment to propose
measures as described in Appendix B of the ``Progress Report on the
Implementation of the PM2.5 State Implementation Plans (SIP)
for the South Coast and San Joaquin Valley Air Basins and Proposed SIP
Revisions.''
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Letter from David Warner, Deputy Air Pollution Control Officer,
San Joaquin Valley Unified Air Pollution Control District, to Gerardo C.
Rios, Chief, Air Permits Office, EPA Region IX, dated June 26, 2014.
(401) An amended plan was submitted on July 29, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) State of California Air Resources
Board.
(1) 8-Hour Ozone State Implementation Plan Revisions and Technical
Revisions to the PM2.5 State Implementation Plan
Transportation Conformity Budgets for the South Coast and San Joaquin
Valley Air Basins, Appendix A, page A-5 (dated June 20, 2011), adopted
July 21, 2011.
(i) Commitment to develop and submit by 2020 revisions to the SIP
that will reflect modifications to the 2023 emissions reduction target
based on updated science, and identify additional strategies and
implementing agencies needed to achieve the needed reductions by 2023 as
given in the 2011 Ozone SIP Revision on page A-8.
(2) CARB Resolution No. 11-22, July 21, 2011.
(i) Commitment to develop, adopt and submit by 2020 contingency
measures to be implemented if advanced technology measures do not
achieve the planned emissions reductions, and attainment contingency
measures meeting the requirements of CAA section 172(c)(9), pursuant to
CAA section 182(e)(5) as given on p. 4.
(ii) Commitment to propose measures as provided in Appendix B Table
B-1 of the Progress Report on the Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions (Release Date: March 29, 2011),
adopted April 28, 2011.
(3) Executive Order S-11-016, ``Approval of Revisions to the 8-Hour
Ozone State Implementation Plans and Technical Revisions to the
PM2.5 State Implementation Plan Transportation Conformity
Budgets for the South Coast San Joaquin Valley Air Basin,'' July 21,
2011.
(402) New and amended regulations were submitted on July 28, 2011 by
the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
[[Page 488]]
(1) Rule 4401, ``Steam-Enhanced Crude Oil Production Wells,''
adopted on June 16, 2011.
(2) Rule 4605, ``Aerospace Assembly and Component Coating
Operations,'' amended on June 16, 2011.
(403) A new rule for the following APCD was submitted on March 2,
2011, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1315, ``Federal New Source Review Tracking System,''
excluding paragraph (b)(2) and subdivisions (g) and (h), adopted on
February 4, 2011.
(404) New and amended regulations for the following APCDs were
submitted on September 27, 2011, by the Governor's Designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District
(1) Rule 2005, ``New Source Review for RECLAIM,'' amended on June 3,
2011.
(2) Rule 1420.1, ``Emissions Standard For Lead From Large Lead-Acid
Battery Recycling Facilities,'' adopted on November 5, 2010.
(3) Rule 1113, ``Architectural Coatings,'' amended on June 3, 2011.
(4) Rule 1150.1, ``Control of Gaseous Emissions from Municipal Solid
Waste Landfills,'' amended on April 1, 2011.
(5) Previously approved on December 20, 2011 in paragraph
(c)(404)(i)(A)(1) of this section and now deleted with replacement in
(c)(491)(i)(A)(3), Rule 2005, ``New Source Review for Regional Clean Air
Incentives Market,'' amended on December 4, 2015.
(6) Previously approved on March 26, 2013 in paragraph
(c)(404)(i)(A)(3) of this section and now deleted with replacement in
paragraph (c)(488)(i)(D)(1), Rule 1113, ``Architectural Coatings,''
amended on June 3, 2011.
(B) Northern Sierra Air Quality Management District.
(1) Rule 228, ``Surface Coating of Metal Parts and Products,''
amended on April 25, 2011.
(2) Rule 214, ``Phase I Vapor Recovery Requirements,'' amended on
April 25, 2011.
(C) Ventura County Air Pollution Control District.
(1) Rule 2, ``Definitions,'' adopted on October 22, 1968, as revised
through April 12, 2011.
(2) Rule 74.19, ``Graphic Arts,'' revised on June 14, 2011.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4354, ``Glass Melting Furnaces,'' amended on May 19, 2011.
(405) New and amended regulations for the following APCDs were
submitted on August 26, 2011 by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4684, ``Polyester Resin Operations,'' amended on August 18,
2011.
(406) New and amended regulations were submitted on January 28,
2011, by the Governor's designee.
(i) Incorporation by Reference. (A) California Air Resources Board.
(1) Submittal letter from Robert D. Fletcher (California Air
Resources Board) to Jared Blumenfeld (Environmental Protection Agency),
stating the submission does not include the second tier emission limits
for Multi-purpose Solvent and Paint Thinner, dated January 28, 2011.
(2) Executive Order R-10-013, dated August 6, 2010.
(3) ``Final Regulation Order, Regulation for Reducing Emissions from
Consumer Products,'' California Code of Regulations, Title 17 (Public
Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board),
Subchapter 8.5 (Consumer Products), Article 2 (Consumer Products),
adopted August 6, 2010, effective October 20, 2010.
(407) A plan was submitted on June 18, 2009 by the Governor's
designee.
(i) [Reserved]
(ii) Additional Material. (A) San Joaquin Valley Air Pollution
Control District.
(1) Reasonably Available Control Technology (RACT) Demonstration for
Ozone State Implementation Plan (SIP), adopted April 16, 2009.
(408) An amended plan was submitted on April 24, 2009 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) San Joaquin Valley Unified Air
Pollution Control District.
[[Page 489]]
(1) Amendments to the 2007 Ozone Plan (amending the rulemaking
schedule for Measure S-GOV-5 Organic Waste Operations) adopted on
December 18, 2008.
(2) SJVUAPCD Governing Board, In the Matter of: Proposed Amendment
to the 2007 Ozone Plan to Extend the Rule Adoption Schedule for Organic
Waste Operations, SJVUAPCD Governing Board Resolution No. 08-12-18.
December 18, 2008.
(409) New regulation was submitted on December 9, 2011, by the
Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) State of California Office of Administrative Law, ``Notice of
Approval of Regulatory Action,'' Title 13, California Code of
Regulations (CCR), section 2027, effective on November 9, 2011.
(2) Final Regulation Order, 13 CCR section 2027 (``In-Use On-Road
Diesel-Fueled Heavy-Duty Drayage Trucks'').
(410) New regulation was submitted on December 15, 2011, by the
Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) State of California Office of Administrative Law, ``Notice of
Approval of Regulatory Action,'' Title 13, California Code of
Regulations (CCR), section 2025, effective on December 14, 2011.
(2) Final Regulation Order, 13 CCR section 2025 (``Regulation to
Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and
Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled
Vehicles'').
(411) New and amended regulations for the following APCDs were
submitted on February 23, 2012. Final approval of these regulations is
based, in part, on the clarifications contained in letters dated July
10, 2012 and August 21, 2012 from the Imperial County Air Pollution
Control District regarding specific implementation of parts of the
Prevention of Significant Deterioration program.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 459, ``Automotive, Mobile Equipment, and Associated Parts
and Components Coating Operations,'' amended August 25, 2011.
(2) Rule 101, ``General Provisions and Definitions,'' amended on
October 27, 2011.
(B) San Joaquin Valley Air Pollution Control District.
(1) Rule 4682, ``Polystyrene, Polyethylene, and Polypropylene
Products Manufacturing,'' amended on December 15, 2011.
(2) Rule 4402, ``Crude Oil Production Sumps,'' amended on December
15, 2011.
(3) Rule 4625, ``Wastewater Separators,'' amended on December 15,
2011.
(4) Rule 4352, ``Solid Fuel Fired Boilers, Steam Generators and
Process Heaters,'' amended on December 15, 2011.
(C) San Diego County Air Pollution Control District
(1) Rule 67.4, ``Metal Container, Metal Closure and Metal Coil
Coating Operations,'' adopted and effective on November 9, 2011.
(2) Rule 67.16, ``Graphic Arts Operations,'' adopted on November 9,
2011 and effective on May 9, 2012.
(D) Antelope Valley Air Quality Management District
(1) Rule 1168, ``Adhesive and Sealant Applications,'' amended on
September 20, 2011.
(E) Imperial County Air Pollution Control District.
(1) Rule 904, ``Prevention of Significant Deterioration (PSD) Permit
Program,'' revised on December 20, 2011.
(F) South Coast Air Quality Management District.
(1) Rule 463, ``Organic Liquid Storage,'' amended on November 4,
2011.
(G) Santa Barbara County Air Pollution Control District.
(1) Rule 352, ``Natural Gas-Fired Fan-Type Central Furnaces and
Small Water Heaters,'' revised on October 20, 2011.
(ii) Additional materials. (A) Imperial County Air Pollution Control
District (ICAPCD).
(1) Letter dated July 10, 2012 from Brad Poiriez, ICAPCD, to Gerardo
Rios, United States Environmental Protection Agency Region 9, regarding
Clarifications of District Rule 904 and 40 CFR 51.166.
(2) Letter dated August 21, 2012 from Brad Poiriez, ICAPCD, to
Gerardo Rios,
[[Page 490]]
United States Environmental Protection Agency Region 9, regarding
Clarifications of District Rule 904 and 40 CFR 52.21(k)(2).
(412) New regulations were submitted on June 14, 2011 by the
Governor's designee.
(i) Incorporation by Reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 3170, ``Federally Mandated Ozone Nonattainment Fee,''
amended on May 19, 2011.
(413) The following plan revisions were submitted on October 12,
2009, by the Governor's designee.
(i) Incorporation by reference. (A) California Department of
Pesticide Regulation.
(1) California Code of Regulations, Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 2
(Pesticides), Subchapter 4 (Restricted Materials), Article 4 (Field
Fumigation Use Requirements), sections 6447, ``Methyl Bromide-Field
Fumigation--General Requirements,'' the undesignated introductory text
(operative January 25, 2008; as published in Register 2010, No. 44);
6447.3, ``Methyl Bromide-Field Fumigation Methods'' (operative January
25, 2008); 6448, ``1,3, Dichloropropene Field Fumigation--General
Requirements'' (operative January 25, 2008); 6449, ``Chloropicrin Field
Fumigation--General Requirements'' (operative January 25, 2008); 6450,
``Metam-Sodium, Potassium N-methyldithiocarbamate (metam-potassium), and
Dazomet Field Fumigation--General Requirements'' (operative January 25,
2008); 6450.2, ``Dazomet Field Fumigation Methods'' (operative January
25, 2008); 6451, ``Sodium Tetrathiocarbonate Field Fumigation--General
Requirements'' (operative January 25, 2008); 6451.1, ``Sodium
Tetrathiocarbonate Field Fumigation Methods'' (operative January 25,
2008); 6452, ``Reduced Volatile Organic Compound Emissions Field
Fumigation Methods'' (operative January 25, 2008); 6452.1, ``Fumigant
Volatile Organic Compound Emission Records and Reporting'' (operative
January 25, 2008).
(ii) Additional material. (A) California Department of Pesticide
Regulation.
(1) Decision, ``In the Matter of Proposed Ozone SIP Commitment for
the San Joaquin Valley,'' signed by Mary-Ann Warmerdam, April 17, 2009,
including Exhibit A, ``Department of Pesticide Regulation Proposed SIP
Commitment for San Joaquin Valley.''
(2) Memorandum, Rosemary Neal, Ph.D., California Department of
Pesticide Regulation to Randy Segawa, California Department of Pesticide
Regulation, November 5, 2008; Subject: Update to the Pesticide Volatile
Organic Inventory. Estimated Emissions 1990-2006, and Preliminary
Estimates for 2007.
(414) The following plan revisions were submitted on August 2, 2011,
by the Governor's designee.
(i) Incorporation by reference. (A) California Department of
Pesticide Regulation.
(1) California Code of Regulations, Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 2
(Pesticides), Subchapter 4 (Restricted Materials), Article 4 (Field
Fumigation Use Requirements), sections 6448.1, ``1,3-Dichloropropene
Field Fumigation Methods'' (operative April 7, 2011); 6449.1,
``Chloropicrin Field Fumigation Methods'' (operative April 7, 2011);
6450.1, ``Metam-Sodium and Potassium N-methyldithiocarbamate (Metam-
Potassium) Field Fumigation Methods'' (operative April 7, 2011); 6452.2,
``Fumigant Volatile Organic Compound Emission Limits'' (excluding
benchmarks for, and references to, Sacramento Metro, San Joaquin Valley,
South Coast, and Southeast Desert in subsection (a) and excluding
subsection (d))(operative April 7, 2011); 6452.3, ``Field Fumigant
Volatile Organic Compound Emission Allowances'' (operative April 7,
2011); 6452.4, ``Annual Volatile Organic Compound Emissions Inventory
Report'' (excluding reference to section 6446.1 in
subsection(a)(4))(operative April 7, 2011).
[[Page 491]]
(2) California Code of Regulations, Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest
Control Operations), Subchapter 2 (Work Requirements), Article 1 (Pest
Control Operations Generally), sections 6624, ``Pesticide Use Records''
(excluding references in subsection (f) to methyl iodide and section
6446.1) (operative December 20, 2010); section 6626, ``Pesticide Use
Reports for Production Agriculture'' (operative April 7, 2011).
(415) New and amended regulations were submitted on August 23, 2011
by the Governor's designee. Final approval of these regulations is
based, in part, on the clarifications contained in a May 18, 2012 letter
from the San Joaquin Valley Unified Air Pollution Control District
regarding specific implementation of parts of the Prevention of
Significant Deterioration program.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 2410, ``Prevention of Significant Deterioration,'' adopted
on June 16, 2011.
(ii) Additional materials. (A) San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD).
(1) Letter dated May 18, 2012 from David Warner, SJVUAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 2410 and 40 CFR 51.166.
(416) Specified portions of the following rule were submitted on
November 18, 2011 by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD).
(1) The following specified portions of SJVUAPCD Rule 4694, Wine
Fermentation and Storage Tanks, adopted December 15, 2005:
(i) Section 1.0 (Purpose), except for the words ``fermentation and''
and ``or achieve equivalent reductions from alternative emission
sources'';
(ii) Section 2.0 (Applicability), except for the words ``fermenting
wine and/or'';
(iii) Section 3.0 (Definitions), paragraphs 3.1--Air Pollution
Control Officer (APCO), 3.2--Air Resources Board (ARB or CARB), 3.18--
Gas Leak, 3.19--Gas-Tight, 3.21--Must, 3.22--Operator, 3.27--Storage
Tank, 3.29--Tank, 3.33--Volatile Organic Compound (VOC), 3.35--Wine, and
3.36--Winery;
(iv) Section 4.0 (Exemptions), paragraph 4.2;
(v) Section 5.0 (Requirements), paragraph 5.2--Storage Tanks; and
(vi) Section 6.0 (Administrative Requirements), paragraph 6.4--
Monitoring and Recordkeeping, introductory text and paragraph 6.4.2.
(2) Rule 4566, ``Organic Material Composting Operations,'' adopted
on August 18, 2011.
(B) South Coast Air Quality Management District.
(1) Rule 1133.1, ``Chipping and Grinding Activities,'' amended on
July 8, 2011.
(2) Rule 1133.3, ``Emission Reductions from Greenwaste Composting
Operations,'' adopted on July 8, 2011.
(C) Placer County Air Pollution Control District.
(1) Rule 502, ``New Source Review,'' as amended on October 13, 2011.
(ii) Additional materials. (A) California Air Resources Board (CARB)
(1) CARB Executive Order S-11-024, November 18, 2011, adopting
specified portions of SJVUAPCD Rule 4694 as a revision to the SIP.
(B) San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD)
(1) SJVUAPCD Resolution No. 11-08-20, August 18, 2011, adopting
specified portions of SJVUAPCD Rule 4694 as a revision to the SIP.
(417) [Reserved]
(418) New and amended regulation for the following APCD was
submitted on April 22, 2011, by the Governor's Designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District
(1) Rule 317, ``Clean Air Act Non-Attainment Fees,'' amended on
February 4, 2011.
(419) New and amended regulations for the following APCDs were
submitted on April 25, 2012. Final approval of these regulations is
based, in part, on the clarifications contained in letters dated July
19, 2012 and August 21, 2012 from the Eastern Kern Air Pollution Control
District regarding specific
[[Page 492]]
implementation of parts of the Prevention of Significant Deterioration
program.
(i) Incorporation by reference. (A) Eastern Kern Air Pollution
Control District.
(1) Rule 210.4, ``Prevention of Significant Deterioration,'' adopted
on January 12, 2012.
(B) Placer County Air Pollution Control District
(1) Rule 102, ``Definitions,'' amended February 9, 2012.
(C) Butte County Air Quality Management District.
(1) Rule 207, ``Wood Burning Devices,'' amended on December 11,
2008.
(ii) Additional materials. (A) Eastern Kern Air Pollution Control
District (EKAPCD).
(1) Letter dated July 19, 2012 from David L. Jones, EKAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 210.4 and 40 CFR 51.166.
(2) Letter dated August 21, 2012 from David L. Jones, EKAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 210.4 and 40 CFR 52.21(k)(2).
(420) A new regulation for the following APCD was submitted on July
3, 2012. Final approval of this regulation is based, in part, on the
clarifications contained in a letter dated August 7, 2012 from the Yolo-
Solano Air Quality Management District regarding specific implementation
of parts of the Prevention of Significant Deterioration program.
(i) Incorporation by reference. (A) Yolo-Solano Air Quality
Management District.
(1) Rule 3.24, ``Prevention of Significant Deterioration,'' adopted
on June 13, 2012.
(ii) Additional materials. (A) Yolo-Solano Air Quality Management
District (YSAQMD).
(1) Letter dated August 7, 2012 from Mat Ehrhardt, YSAQMD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 210.4 and 40 CFR 51.166.
(421) New regulations were submitted on December 30, 2010, by the
Governor's designee. Final approval of this regulation is based, in
part, on the clarifications contained in a August 15, 2012 letter from
the South Coast Air Quality Management District regarding specific
implementation of parts of the Prevention of Significant Deterioration
program.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1714, ``Prevention of Significant Deterioration for
Greenhouse Gases,'' adopted on November 5, 2010.
(ii) Additional materials. (A) South Coast Air Quality Management
District (SCAQMD).
(1) Letter dated August 15, 2012 from Mohsen Nazemi, SCAQMD, to
Gerardo Rios, EPA Region 9, regarding Clarifications for Rule 1714--
Prevention of Significant Deterioration for Greenhouse Gases.
(422) Amended regulations for the following APCDs were submitted on
September 20, 2012 by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District
(1) Rule 400, ``Visible Emissions,''amended on August 15, 2012.
(423) New and amended regulations for the following APCDs were
submitted on September 21, 2012, by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District
(1) Rule 301, ``Nonagricultural Burning Smoke Management,'' amended
on February 9, 2012.
(2) Rule 302, ``Agricultural Waste Burning Smoke Management,''
amended on February 9, 2012.
(3) Rule 303, ``Prescribed Burning Smoke Management,'' amended on
February 9, 2012.
(4) Rule 304, ``Land Development Burning Smoke Management,'' amended
on February 9, 2012.
(5) Rule 305, ``Residential Allowable Burning,'' amended on February
9, 2012.
(6) Rule 306, ``Open Burning of Nonindustrial Wood Waste at
Designated Disposal Sites,'' amended on February 9, 2012.
(7) Rule 233, ``Biomass Boilers,'' amended on June 14, 2012.
[[Page 493]]
(B) Sacramento Metropolitan Air Quality Management District.
(1) Rule 417, ``Wood Burning Appliances,'' adopted on October 26,
2006.
(2) Rule 421, ``Mandatory Episodic Curtailment of Wood and Other
Solid Fuel Burning (except section 402),'' amended on September 24,
2009.
(ii) Additional Material. (A) Sacramento Metropolitan Air Quality
Management District.
(1) Rule 421, ``Mandatory Episodic Curtailment of Wood and Other
Solid Fuel Burning,'' Financial Hardship Exemption Decision Tree, dated
December 12, 2007.
(C) South Coast Air Quality Management District.
(1) Rule 461, ``Gasoline Transfer and Dispensing,'' amended on April
6, 2012.
(D) Antelope Valley Air Quality Management District.
(1) Rule 107, ``Certification of Submission and Emission
Statements,'' adopted on May 15, 2012.
(2) Rule 1151, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' amended on June 19, 2012.
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 102, ``Definitions'' amended on June 21, 2012.
(2) Rule 353, ``Adhesives and Sealants,'' revised on June 21, 2012.
(3) Rule 321, ``Solvent Cleaning Machines and Solvent Cleaning,''
revised on June 21, 2012.
(4) Rule 330, ``Surface Coating of Metal Parts and Products,''
revised on June 21, 2012.
(5) Rule 349, ``Polyester Resin Operations,'' revised on June 21,
2012.
(F) Feather River Air Quality Management District.
(1) Rule 10.1, ``New Source Review,'' as amended on February 6,
2012.
(G) Butte County Air Quality Management District.
(1) Rule 300, ``Open Burning Requirements, Prohibitions and
Exemptions,'' amended on February 24, 2011.
(2) Previously approved on July 8, 2015 in paragraph
(c)(423)(i)(G)(1) of this section and now deleted with replacement in
paragraph (c)(474)(i)(C)(1), Rule 300, ``Open Burning Requirements,
Prohibitions and Exemptions,'' approved on February 24, 2011.
(424) New and amended regulations for the following APCDs were
submitted on November 7, 2012 by the Governor's designee.
(i) Incorporation by Reference. (A) Imperial County Air Pollution
Control District
(1) Rule 800, ``General Requirements for Control of Fine Particulate
Matter PM10,'' amended on October 16, 2012.
(2) Rule 804, ``Open Areas,'' amended on October 16, 2012.
(3) Rule 805, ``Paved and Unpaved Roads,'' amended on October 16,
2012.
(4) Rule 806, ``Conservation Management Practices (CMPs),'' amended
on October 16, 2012.
(425) A plan was submitted on December 28, 2012, by the Governor's
designee.
(i) [Reserved]
(ii) Additional material. (A) San Diego County Air Pollution Control
District (SDAPCD).
(1) Redesignation Request and Maintenance Plan for the 1997 National
Ozone Standard for San Diego County, including motor vehicle emissions
budgets (MVEBs) and inventories.
(2) SDAPCD Resolution Number 12-175, dated December 5, 2012.
``Resolution Adopting the Redesignation Request and Maintenance Plan for
the 1997 National Ozone Standard for San Diego County,'' including
inventories and motor vehicle emissions budgets for 2020 and 2025.
(B) State of California Air Resources Board (CARB)
(1) CARB Resolution Number 12-36, dated December 6, 2012. ``Approval
of the San Diego 8-Hour Ozone SIP Redesignation Request and Maintenance
Plan,'' including inventories and motor vehicle emissions budgets for
2020 and 2025.
(426) The following plan was submitted on April 28, 2010, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) South Coast Air Quality Management
District.
(1) Final PM10 Redesignation Request and Maintenance Plan
for the South Coast Air Basin (December 2009) (2009 South Coast
PM10 Redesignation Request and Maintenance Plan), adopted
January 8, 2010.
[[Page 494]]
(2) SCAQMD Board Resolution 10-1, dated January 8, 2010, adopting
the 2009 South Coast PM10 Redesignation Request and
Maintenance Plan.
(B) State of California Air Resources Board.
(1) CARB Resolution 10-21, dated March 25, 2010, adopting the 2009
South Coast PM10 Redesignation Request and Maintenance Plan.
(427) New and amended regulations for the following APCDs were
submitted on September 26, 2012, by the Governor's Designee.
(i) Incorporation by Reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 214, ``Federal New Source Review,'' amended on August 23,
2012.
(2) Rule 217, ``Public Notice Requirements for Permits,'' adopted on
August 23, 2012.
(428) New and amended regulations for the following APCDs was
submitted on February 6, 2013, by the Governor's Designee.
(i) Incorporation by Reference. (A) Placer County Air Pollution
Control District.
(1) Rule 235, ``Adhesives,'' amended on October 11, 2012.
(2) Rule 239, ``Graphic Arts Operations,'' amended on October 11,
2012.
(B) Antelope Valley Air Quality Management District.
(1) Rule 218, ``Continuous Emission Monitoring,'' amended on July
17, 2012.
(2) Rule 218.1, ``Continuous Emission Monitoring Performance
Specifications,'' adopted on July 17, 2012.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1113, ``Architectural Coatings,'' amended on April 23,
2012.
(D) South Coast Air Quality Management District.
(1) Rule 1177, ``Liquefied Petroleum Gas Transfer and Dispensing,''
adopted on June 1, 2012.
(2) Rule 1147, ``NOX Reductions from Miscellaneous
Sources,'' amended on September 9, 2011.
(E) Great Basin Unified Air Pollution Control District.
(1) Rule 221, ``Prevention of Significant Deterioration (PSD) Permit
Requirements for New Major Facilities or Major Modifications in
Attainment or Unclassifiable Areas,'' except for the incorporation by
reference of 40 CFR 52.21(b)(49)(v) into sections C. and D3, adopted on
September 5, 2012.
(F) Butte County Air Quality Management District.
(1) Rule 1107, ``Prevention of Significant Deterioration (PSD)
Permits,'' except for the incorporation by reference of 40 CFR
52.21(b)(49)(v) into sections 3 and 4.1, adopted on June 28, 2012.
(ii) Additional materials. (A) Great Basin Unified Air Pollution
Control District.
(1) Letter dated November 13, 2014 from Theodore D. Schade, Great
Basin Unified Air Pollution Control District, to Gerardo Rios, United
States Environmental Protection Agency Region 9, regarding
clarifications of District Rule 221 and 40 CFR 51.166.
(2) Letter dated April 15, 2015, from Phillip L. Kiddoo, Great Basin
Unified Air Pollution Control District, to Gerardo Rios, United States
Environmental Protection Agency Region 9, regarding additional
clarifications of District Rule 221 and 40 CFR 51.166.
(B) Butte County Air Quality Management District.
(1) Letter dated November 13, 2014, from W. James Wagoner, Butte
County Air Quality Management District, to Gerardo Rios, United States
Environmental Protection Agency Region 9, regarding clarifications of
District Rule 1107 and 40 CFR 51.166.
(2) Letter dated April 8, 2015, from W. James Wagoner, Butte County
Air Quality Management District, to Gerardo Rios, United States
Environmental Protection Agency Region 9, regarding additional
clarifications of District Rule 1107 and 40 CFR 51.166.
(429) New and amended regulations for the following APCDs was
submitted on April 22, 2013, by the Governor's Designee.
(i) Incorporation by Reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 74.20, ``Adhesives and Sealants,'' revised on September 11,
2012.
(2) Rule 74.11.1, ``Large Water Heaters and Small Boilers,'' amended
on September 11, 2012.
(3) Rule 74.15.1, ``Boilers, Steam Generators, and Process
Heaters,'' amended on September 11, 2012.
[[Page 495]]
(4) Rule 74.13, ``Aerospace Assembly and Component Manufacturing
Operations,'' revised on September 11, 2012.
(5) Rule 74.24, ``Marine Coating Operations,'' revised on September
11, 2012.
(6) Previously approved on May 19, 2014, in paragraph
(c)(429)(i)(A)(3) of this section and now deleted with replacement in
(c)(472)(i)(B)(1), Rule 74.15.1, ``Boilers, Steam Generators, and
Process Heaters,'' amended on September 11, 2012.
(B) Antelope Valley Air Quality Management District.
(1) Rule 431.1, ``Sulfur Content of Gaseous Fuels,'' amended on
August 21, 2012.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 426, ``Architectural Coatings,'' amended on August 15,
2012.
(D) Feather River Air Quality Management District.
(1) Rule 10.10, ``Prevention of Significant Deterioration,'' except
for the incorporation by reference of 40 CFR 52.21(b)(49)(v) into
sections B and F.1, adopted on August 1, 2011.
(E) Bay Area Air Quality Management District.
(1) Regulation 2, ``Permits,'' Rule 1, ``General Requirements,''
adopted on December 19, 2012.
(2) Regulation 2, ``Permits,'' Rule 2, ``New Source Review,''
adopted on December 19, 2012.
(3) Regulation 2, ``Permits,'' Rule 4, ``Emissions Banking,''
adopted on December 19, 2012.
(4) Previously approved on August 1, 2016 in paragraphs
(c)(429)(i)(E)(1) and (2), and on December 4, 2017 in paragraph
(c)(429)(i)(E)(3) of this section and now deleted with replacement in
paragraph (c)(502)(i)(A)(1) of this section, Regulation 2, Rules 1, 2,
and 4.
(ii) Additional materials. (A) Feather River Air Quality Management
District.
(1) Letter dated December 18, 2014 from Christopher D. Brown,
Feather River Air Quality Management District, to Gerardo Rios, United
States Environmental Protection Agency Region 9, regarding
clarifications of District Rule 10.10 and 40 CFR 51.166.
(430) New and amended regulations for the following APCD was
submitted on June 11, 2013 by the Governor's Designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District.
(1) Rule 444, ``Open Burning,'' adopted on May 3, 2013.
(2) Rule 445, ``Wood Burning Devices,'' adopted on May 3, 2013.
(431) A plan was submitted on December 7, 2010, by the Governor's
designee.
(i) [Reserved]
(ii) Additional materials. (A) Sacramento Metropolitan Air Quality
Management District (SMAQMD).
(1) PM10 Implementation/Maintenance Plan and
Redesignation Request for Sacramento County, including motor vehicle
emissions budgets (MVEBs) and attainment year emission inventory.
(2) SMAQMD Resolution Number 2010-046, dated October 28, 2010.
``Sacramento Metropolitan Air Quality Management District
PM10 Implementation/Maintenance Plan and Redesignation
Request for Sacramento County,'' including attainment year emissions
inventory and MVEBs for 2012 and 2022.
(B) State of California Air Resources Board (CARB).
(1) CARB Resolution Number 10-37, dated November 18, 2010.
``Adoption and Submittal of the PM10 Implementation/
Maintenance Plan and Redesignation Request for Sacramento County,''
including attainment year emissions inventory and MVEBs for 2012 and
2022.
(432) The following plan was submitted on November 14, 2011, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) South Coast Air Quality Management
District.
(1) South Coast Air Quality Management District Proposed Contingency
Measures for the 2007 PM2.5 SIP (dated October 2011)
(``Contingency Measures SIP''), adopted October 7, 2011.
(2) SCAQMD Resolution No. 11-24, dated October 7, 2011, adopting the
Contingency Measures SIP.
(3) Letter dated April 24, 2013 from Elaine Chang, Deputy Executive
Officer, SCAQMD, to Deborah Jordan, Director, Air Division, EPA Region
9, Re: ``Update of the 2012 RFP Emissions and
[[Page 496]]
2015 Reductions from Contingency Measures for the 2007 Annual
PM2.5 Air Quality Management Plan for the South Coast Air
Basin,'' including attachments.
(B) State of California Air Resources Board.
(1) CARB Executive Order S-11-023, dated November 14, 2011, adopting
the Contingency Measures SIP.
(433) The following plan was submitted on June 20, 2012, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) South Coast Air Quality Management
District.
(1) Final 2012 Lead State Implementation Plan--Los Angeles County
(May 2012) (``2012 Los Angeles County Lead SIP''), adopted May 4, 2012.
(2) SCAQMD Board Resolution 12-11, dated May 4, 2012, adopting the
2012 Los Angeles County Lead SIP.
(B) State of California Air Resources Board.
(1) CARB Resolution 12-20, dated May 24, 2012, adopting the 2012 Los
Angeles County Lead SIP.
(434) New and amended regulations for the following APCDs was
submitted on September 24, 2013, by the Governor's Designee.
(i) Incorporation by Reference. (A) Placer County Air Pollution
Control District.
(1) Rule 240, ``Surface Preparation and Cleanup,'' amended on
December 11, 2003.
(435) A plan revision submitted on November 15, 2012 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) Butte County Air Quality Management
District.
(1) ``2012 PM2.5 Emission Inventory Submittal to the
State Implementation Plan for the Chico, CA/Butte County (partial)
Planning Area,'' as submitted by the California Air Resources Board on
November 15, 2012. The document in CARB's submittal is titled, ``Chico
Nonattainment Area (Partial Butte County) 2011 Daily Winter-Time
Emissions Inventory (Base Year 2005--Grown and Controlled in Tons Per
Day.''
(436) A plan revision submitted on January 14, 2013 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) San Francisco Bay Area Air Quality
Management District.
(1) ``2012 PM2.5 Emission Inventory to the State
Implementation Plan for the San Francisco Bay Area'' as submitted by the
California Air Resources Board on January 14, 2013. The document in
CARB's submittal is titled, ``Bay Area Winter Emissions Inventory for
Primary PM2.5 & PM Precursors: Year 2010.''
(437) New and amended regulations for the following APCD was
submitted on November 17, 2009 by the Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) Ventura County Air Pollution Control
District.
(1) Reasonably Available Control Technology State Implementation
Plan Revision (2009 RACT SIP Revision) as adopted on September 15, 2009
(``2009 RACT SIP'').
(438) The following plan was submitted on July 3, 2013, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) ``Quantifying Contingency Reductions for the 2008
PM2.5 Plan'' (dated June 20, 2013), adopted October 7, 2011.
(2) SJVUAPCD Governing Board Resolution No. 13-6-18, dated June 20,
2013, ``In the Matter of: Authorizing Submittal of the `Quantification
of Contingency Reductions for the 2008 PM2.5 Plan' to EPA.''
(3) Electronic mail, dated July 24, 2013, from Samir Sheikh,
SJVUAPCD, to Kerry Drake, EPA Region 9, ``RE: Per our conversation
earlier.''
(B) State of California Air Resources Board.
(1) CARB Executive Order 13-30, dated June 27, 2013, ``San Joaquin
Valley PM2.5 Contingency Measures Update.''
(C) Previously approved in paragraphs (c)(438)(ii)(A)(1),
(c)(438)(ii)(A)(2), (c)(438)(ii)(A)(3), and (c)(438)(ii)(B)(1) of this
section and now
[[Page 497]]
deleted without replacement: ``Quantifying Contingency Reductions for
the 2008 PM2.5 Plan'' (dated June 20, 2013), SJVUAPCD
Governing Board Resolution No. 13-6-18 (dated June 20, 2013), Electronic
mail (dated July 24, 2013) from Samir Sheikh to Kerry Drake, and
California Air Resources Board Executive Order 13-30 (dated June 27,
2013).
(439) The following plan was submitted on February 13, 2013, by the
Governor's designee.
(i) [Reserved]
(ii) Additional material. (A) California Air Resources Board.
(1) Resolution 13-3, dated January 25, 2013, adopting the Final 2012
Air Quality Management Plan (December 2012) prepared by the South Coast
Air Quality Management District.
(2) Letter from Richard W. Corey, Executive Officer, California Air
Resources Board, dated May 2, 2014.
(3) Letter and enclosures from Lynn Terry, Deputy Executive Officer,
California Air Resources Board, dated April 3, 2014, providing
supplemental information related to Appendix VIII (``Vehicle Miles
Traveled Emissions Offset Demonstration'') of the Final 2012 Air Quality
Management Plan.
(B) South Coast Air Quality Management District.
(1) Governing Board Resolution No. 12-19, dated December 7, 2012,
adopting the Final 2012 Air Quality Management Plan.
(2) The following portions of the Final 2012 Air Quality Management
Plan (December 2012): Ozone-related portions of chapter 4 (``Control
Strategy and Implementation''); Appendix IV-A (``District's Stationary
Source Control Measures''); Appendix IV-B (``Proposed Section 182(e)(5)
Implementation Measures''); Appendix IV-C (``Regional Transportation
Strategy and Control Measures''); and Appendix VII (``1-Hour Ozone
Attainment Demonstration'').
(3) Letter from Barry R. Wallerstein, D.Env, Executive Officer,
South Coast Air Quality Management District, May 1, 2014.
(4) Appendix VIII (``Vehicle Miles Traveled Emissions Offset
Demonstration'') (December 2012) of the Final 2012 Air Quality
Management Plan.
(5) The following portions of the Final 2012 Air Quality Management
Plan (December 2012): PM2.5-related portions of chapter 4
(``Control Strategy and Implementation''); Appendix III (``Base and
Future Year Emissions Inventory''); Appendix IV-A (``District's
Stationary Source Control Measures''); and Appendix V (``Modeling and
Attainment Demonstrations''). SCAQMD's commitments to adopt and
implement specific rules and measures in accordance with the schedule
provided in Chapter 4 of the 2012 PM2.5 Plan as modified by
Table F-1 in Attachment F to the 2015 Supplement, to achieve the
emissions reductions shown therein, and to submit these rules and
measures to CARB within 30 days of adoption for transmittal to EPA as a
revision to the SIP, as stated on pp. 7-8 of SCAQMD Governing Board
Resolution 12-19 and modified by SCAQMD Governing Board Resolution 15-3,
excluding all commitments pertaining to control measure IND-01 (Backstop
Measures for Indirect Sources of Emissions from Ports and Port-Related
Facilities).
(6) The PM2.5-related portions of Appendix VI
(``Reasonably Available Control Measures (RACM) Demonstration'') of the
Final 2012 Air Quality Management Plan (December 2012).
(440) Amended regulations were submitted by the Governor's designee
on September 28, 2011.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 2020, ``Exemptions,'' amended on August 18, 2011.
(441) New and amended regulations for the following APCDs were
submitted on May 13, 2014 by the Governor's Designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District.
(1) Rule 1146, ``Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' amended November 1, 2013.
(2) Rule 1146.1, ``Emissions of Oxides of Nitrogen from Small
Industrial, Institutional, and Commercial Boilers, Steam Generators, and
Process Heaters,'' amended November 1, 2013.
[[Page 498]]
(B) Placer County Air Pollution Control District.
(1) Rule 502, ``New Source Review,'' amended on August 8, 2013.
(2) Rule 247, ``Natural Gas-Fired Water Heaters, Small Boilers and
Process Heaters,'' amended February 13, 2014.
(3) Rule 249, ``Surface Coating of Plastic Parts and Products,''
adopted on August 8, 2013.
(C) Ventura County Air Pollution Control District.
(1) Rule 54, ``Sulfur Compounds,'' revised on January 14, 2014.
(2) Metalworking Fluids and Direct-Contact Lubricants,'' adopted on
November 12, 2013.
(3) Rule 23, ``Exemptions from Permit,'' revised on November 12,
2013.
(D) San Joaquin Valley Air Pollution Control District.
(1) Rule 4621, ``Gasoline Transfer into Stationary Storage
Containers, Delivery Vessels, and Bulk Plants,'' amended on December 19,
2013.
(2) Rule 4622, ``Gasoline Transfer into Motor Vehicle Fuel Tanks,''
amended on December 19, 2013.
(3) Rule 4308, ``Boilers, Steam Generators, and Process Heaters--
0.075 MMBtu/hr to less than 2.0 MMBtu/hr,'' amended on November 14,
2013.
(4) Rule 4702, ``Internal Combustion Engines,'' amended on November
14, 2013.
(E) Antelope Valley Air Quality Management District.
(1) Rule 1124, ``Aerospace Assembly and Component Manufacturing
Operations,'' amended on August 20, 2013.
(2) Rule 1130, ``Graphic Arts,'' amended on November 19, 2013.
(3) Rule 1113, ``Architectural Coatings,'' amended on March 18,
2003.
(F) San Luis Obispo County Air Pollution Control District.
(1) Rule 220, ``Federal Prevention of Significant Deterioration,''
except for the incorporation by reference of 40 CFR 52.21(b)(49)(v) into
sections B and D.3., amended on January 22, 2014.
(ii) Additional materials. (A) San Luis Obispo County Air Pollution
Control District.
(1) Letter dated December 16, 2014 from Larry R. Allen, San Luis
Obispo County Air Pollution Control District, to Gerardo Rios, United
States Environmental Protection Agency Region 9, regarding
clarifications of District Rule 220 and 40 CFR 51.166.
(442) New and amended regulations for the following APCDs were
submitted on February 10, 2014 by the Governor's Designee.
(i) Incorporation by Reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 101, ``Definitions,'' revised on October 22, 2013.
(2) Rule 400.3, ``Internal Combustion Engine(s),'' adopted on
October 22, 2013.
(3) Rule 400.4, ``Emissions of Oxides of Nitrogen from Wallboard
Kilns,'' adopted on October 22, 2013.
(4) Previously approved on October 2, 2014 in paragraph
(c)(442)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(485)(i)(A)(1), Rule 101, ``Definitions,'' revised on
October 22, 2013.
(5) Rule 206, ``Processing of Applications,'' revised on October 22,
2013.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1020, ``Definitions,'' amended on February 21, 2013.
(C) South Coast Air Quality Management District.
(1) Rule 1114, ``Petroleum Refinery Coking Operations,'' adopted on
May 3, 2013.
(D) Placer County Air Pollution Control District.
(1) Rule 213, ``Gasoline Transfer into Stationary Storage
Containers,'' amended on February 21, 2013.
(2) Rule 214, ``Transfer of Gasoline into Vehicle Fuel Tanks,''
amended on February 21, 2013.
(E) Feather River Air Quality Management District.
(1) Rule 3.14, ``Surface Preparation and Clean-Up,'' amended on
August 1, 2011.
(2) Rule 3.20, ``Wood Products Coating Operations,'' amended on
August 1, 2011.
(3) Rule 3.21, ``Industrial, Institutional, and Commercial Boilers,
Steam Generators, and Process Heaters,'' adopted on June 5, 2006.
(4) Rule 3.19, ``Vehicle and Mobile Equipment Coating Operations,''
amended on August 1, 2011.
(F) Yolo-Solano Air Quality Management District.
[[Page 499]]
(1) Rule 1.1, ``General Provisions and Definitions,'' revised on May
8, 2013.
(2) Rule 2.31, ``Solvent Cleaning and Degreasing,'' revised on May
8, 2013.
(3) Previously approved on April 28, 2015 in paragraph
(442)(i)(F)(1) of this section and now deleted with replacement in
(472)(i)(A)(1), Rule 1.1, ``General Provisions and Definitions,''
revised on May 8, 2013.
(G) Butte County Air Quality Management District.
(1) Rule 434, ``Emission Statements,'' adopted on April 25, 2013.
(H) Santa Barbara County Air Pollution Control District.
(1) Rule 810, ``Federal Prevention of Significant Deterioration
(PSD),'' except for the incorporation by reference of 40 CFR
52.21(b)(49)(v) into sections B and D.3., amended on June 20, 2013.
(ii) Additional materials. (A) Santa Barbara County Air Pollution
Control District.
(1) Letter dated November 25, 2014 from David Van Mullem, Santa
Barbara County Air Pollution Control District, to Gerardo Rios, United
States Environmental Protection Agency Region 9, regarding
clarifications of District Rule 810 and 40 CFR 51.166.
(443) New and amended regulations for the following APCDs were
submitted on December 23, 1998 by the Governor's Designee.
(i) Incorporation by Reference. (A) Lake County Air Quality
Management District.
(1) Lake County Air Quality Management District Board of Directors
Resolution 98-195 adopting Section 228, ``Hazardous Air Pollutants
(HAP),'' adopted on June 23, 1998, as ``Exhibit A.''
(444) New and amended regulations were submitted on May 28, 2014, by
the Governor's designee.
(i) Incorporation by reference. (A) California Air Resource Board.
(1) ``Final Regulation Order, Regulation for Reducing Emissions from
Consumer Products,'' Subchapter 8.5 (Consumer Products), Article 2
(Consumer Products), amended March 15, 2013.
(445) A plan revision submitted on December 21, 2010 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) State of California Air Resources
Board.
(1) California Air Resources Board Resolution No. 10-35, adopted
November 18, 2010.
(B) Imperial County Air Pollution Control District.
(1) Imperial County Air Pollution Control Board, Minute Order No.
15, adopted July 13, 2010.
(2) Chapter 4--Emission Inventory, in ``Imperial County 2009 1997 8-
Hour Ozone Modified Air Quality Management Plan'', adopted on July 13,
2010.
(446) A plan was submitted on May 23, 2013, by the Governor's
designee.
(i) [Reserved]
(ii) Additional materials. (A) Feather River Air Quality Management
District (FRAQMD).
(1) Yuba City-Marysville PM2.5 Redesignation Request and
Maintenance Plan, including motor vehicle emissions budgets (MVEBs) and
attainment year emission inventory, dated April 1, 2013.
(2) FRAQMD Board of Directors Resolution 2013-01, dated April 1,
2013. ``Resolution Adopting the PM2.5 Redesignation Request
and Maintenance Plan,'' including attainment year emissions inventory
and MVEBs for 2017 and 2024.
(B) State of California Air Resources Board (CARB).
(1) CARB Resolution Number 13-14, dated April 25, 2013. ``Yuba City-
Marysville PM2.5 Maintenance Plan and Redesignation
Request.''
(2) CARB Resolution Number 14-6, dated February 20, 2014. ``Minor
Updates to Yuba City-Marysville PM2.5 Maintenance Plan and
Redesignation Request.''
(447) New and amended regulations were submitted on July 25, 2014,
by the Governor's designee.
(i) Incorporation by Reference. (A) Feather River Air Quality
Management District.
(1) Rule 3.17 (except specific provisions of subsections E.8, F.2
and F.4), ``Wood Heating Devices,'' amended on October 5, 2009.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4307, ``Boilers, Steam Generators, and Process Heaters--2.0
[[Page 500]]
MMBtu/hr to 5.0 MMBtu/hr,'' amended on May 19, 2011.
(2) Previously approved on February 12, 2015 in paragraph
(c)(447)(i)(B)(1) of this section and now deleted with replacement in
(c)(488)(i)(C)(1), Rule 4307, ``Boilers, Steam Generators, and Process
Heaters--2.0 MMBtu/hr to 5.0 MMBtu/hr,'' amended on May 19, 2011.
(C) South Coast Air Quality Management District.
(1) Rule 1155, ``Particulate Matter (PM) Control Devices,'' amended
on May 2, 2014.
(D) Eastern Kern Air Pollution Control District.
(1) Rule 432, ``Polyester Resin Operations,'' adopted on March 13,
2014.
(2) Rule 410.4, ``Metal, Plastic, and Pleasure Craft Parts and
Products Coating Operations,'' amended on March 13, 2014.
(3) Rule 410.8, ``Aerospace Assembly and Coating Operations,''
adopted on March 13, 2014.
(4) Rule 410.9, ``Wood Products Surface Coating Operations,''
adopted on March 13, 2014.
(5) Rule 410.4A, ``Motor Vehicle and Mobile Equipment Refinishing
Operations,'' amended on March 13, 2014.
(448) New and amended regulations were submitted on August 15, 2014,
by the Governor's designee.
(i) Incorporation by Reference. (A) Feather River Air Quality
Management District.
(1) Rule 2.0, ``Open Burning,'' amended on October 6, 2008.
(449) New and amended regulations for the following APCDs were
submitted on July 18, 2014 by the Governor's designee.
(i) [Reserved]
(ii) Additional material. (A) Ventura County Air Pollution Control
District.
(1) Reasonably Available Control Technology State Implementation
Plan Revision (2014 RACT SIP) as adopted on June 10, 2014 (``2014 RACT
SIP'').
(B) Placer County Air Pollution Control District.
(1) 2014 Reasonably Available Control Technology State
Implementation Plan Analysis, as adopted on April 10, 2014.
(C) South Coast Air Quality Management District.
(1) South Coast Air Quality Management District, ``2016 AQMP
Reasonably Available Control Technology (RACT) Demonstration,'' dated
May 22, 2014.
(D) San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD).
(1) SJVUAPCD ``2014 Reasonably Available Control Technology (RACT)
Demonstration for the 8-Hour Ozone State Implementation Plan (SIP),''
dated June 19, 2014, as adopted by the SJVUAPCD on June 19, 2014.
(450) The following plan was submitted on February 24, 2006 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Sacramento Metro 1997 Eight-Hour
Ozone Planning Area.
(1) Sacramento Regional Nonattainment Area 8-Hour Ozone Rate-of-
Progress Plan, Final Draft, December 2005.
(451) The following plan was submitted on April 17, 2009 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Sacramento Metro 1997 Eight-Hour
Ozone Planning Area.
(1) Sacramento Regional 8-Hour Ozone Attainment and Reasonable
Further Progress Plan (With Errata Sheets Incorporated), March 26, 2009
(Reasonable further progress demonstration and related contingency
demonstration for milestone year 2011 as presented in chapter 13
(``Reasonable Further Progress Demonstrations'') only).
(452) The following plan was submitted on December 31, 2013 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Sacramento Metro 1997 Eight-Hour
Ozone Planning Area.
(1) Sacramento Regional 8-Hour Ozone Attainment and Reasonable
Further Progress Plan (2013 SIP Revisions), September 26, 2013,
including appendices.
(2) Supplemental information, titled ``Sacramento Federal Ozone
Nonattainment Area, July 24, 2014,'' for Appendix F-1 (``Vehicle Miles
Traveled Offset Demonstration'') of the Sacramento Regional 8-Hour Ozone
Attainment and Reasonable Further Progress Plan (2013 SIP Revisions).
[[Page 501]]
(453) New and amended regulations for the following APCDs were
submitted on May 12, 2011.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 207, ``Review of New or Modified Sources,'' revised on
April 20, 2011.
(454) The following plan was submitted on June 16, 2014, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board
(CARB).
(1) CARB Resolution 14-15, dated May 22, 2014, approving the
``California Regional Haze Plan 2014 Progress Report.''
(2) The ``California Regional Haze Plan 2014 Progress Report'',
adopted on May 22, 2014.
(455) New and amended regulations for the following APCDs were
submitted on June 26, 2013.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 9610, ``State Implementation Plan Credit for Emission
Reductions Generated through Incentive Programs,'' adopted on June 20,
2013.
(456) New and amended regulations for the following APCDs were
submitted on February 7, 2008 by the Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) Northern Sierra Air Quality Management
District.
(1) Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Revision for Western Nevada County 8-Hour
Ozone Non-Attainment Area as adopted on June 25, 2007.
(457) New and amended regulations for the following APCDs were
submitted on November 6, 2014 by the Governor's designee.
(i) Incorporation by reference. (A) Feather River Air Quality
Management District.
(1) Rule 10.9, ``Rice Straw Emission Reduction Credits and
Banking,'' amended on October 6, 2014.
(2) Rule 3.22, ``Stationary Internal Combustion Engines,'' amended
on October 6, 2014.
(3) Rule 3.8, ``Gasoline Dispensing Facilities,'' amended on June 2,
2014.
(4) Rule 10.1, ``New Source Review,'' amended on October 6, 2014.
(5) Rule 3.15, ``Architectural Coatings,'' amended on August 4,
2014.
(B) Mojave Desert Air Quality Management District.
(1) Rule 464, ``Oil-Water Separators,'' amended on June 23, 2014.
(C) Butte County Air Quality Management District.
(1) Rule 101, ``Definitions,'' amended on April 24, 2014.
(2) Rule 400, ``Permit Requirements,'' amended on April 24, 2014.
(3) Rule 401, ``Permit Exemptions,'' amended on April 24, 2014.
(4) Rule 432, ``Federal New Source Review,'' amended on April 24,
2014.
(5) Rule 433, ``Rice Straw Emission Reduction Credits,'' amended on
April 24, 2014.
(6) Previously approved on December 22, 2016, in paragraph
(c)(457)(i)(C)(4) of this section and now deleted with replacement in
paragraph (c)(504)(i)(A)(1) of this section, Rule 432, ``Federal New
Source Review'' amended on April 24, 2014.
(D) San Luis Obispo County Air Pollution Control District.
(1) Rule 222, ``Federal Emission Statement,'' adopted on May 28,
2014.
(E) South Coast Air Quality Management District.
(1) Rule 1130, ``Graphic Arts,'' amended on May 2, 2014.
(F) Antelope Valley Air Quality Management District.
(1) Rule 701, ``Air Pollution Emergency Contingency Actions,''
amended on April 15, 2014.
(G) Santa Barbara County Air Pollution Control District.
(1) Rule 323.1, ``Architectural Coatings,'' adopted on June 19,
2014.
(H) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4901, ``Wood Burning Fireplaces and Wood Burning Heaters,''
amended on September 18, 2014.
(I) Great Basin Unified Air Pollution Control District.
(1) Rule 431, Particulate Emissions (except paragraphs M and N),
revised May 5, 2014.
(2) Town of Mammoth Lakes Municipal Code Chapter 8.30, Particulate
[[Page 502]]
Emissions Regulations (except paragraphs 8.30.110 and 8.30.120), as
adopted in Ordinance Number 14-06, June 4, 2014.
(458) New and amended regulations for the following APCDs were
submitted on December 29, 2014 by the Governor's designee.
(i) Incorporation by Reference. (A) South Coast Air Quality
Management District.
(1) Rule 1325, Rule 1325, ``Federal PM2.5 New Source
Review Program'' adopted on December 5, 2014.
(2) Previously approved on May 1, 2015 in paragraph
(c)(458)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(509)(i)(A)(1), Rule 1325.
(459) The following plan revision was submitted on September 29,
2014, by the Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) Feather River Air Quality Management
District.
(1) Reasonably Available Control Technology Analysis and Negative
Declarations (``2014 RACT SIP''), as adopted on August 4, 2014.
(460) The following plan revision was submitted on September 29,
2014, by the Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) Feather River Air Quality Management
District.
(1) Reasonably Available Control Technology Analysis and Negative
Declarations (``2014 RACT SIP''), as adopted on August 4, 2014.
(461) New and amended regulations were submitted on April 7, 2015 by
the Governor's designee.
(i) Incorporation by Reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 1002, ``Transfer of Gasoline into Vehicle Fuel Tanks,''
revised on December 17, 2014.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.33, ``Liquefied Petroleum Gas Transfer or Dispensing,''
adopted on January 13, 2015.
(C) South Coast Air Quality Management District.
(1) Rule 1151, ``Motor Vehicle and Mobile Equipment Non-Assembly
Line Coating Operations,'' amended on September 5, 2014.
(2) Rule 1111, ``Reduction of NOX Emissions From Natural-
Gas-Fired, Fan-Type Central Furnaces,'' amended September 5, 2014.
(3) Rule 1153.1, ``Emissions of Oxides of Nitrogen from Commercial
Food Ovens,'' adopted on November 7, 2014.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4905, ``Natural-Gas-Fired, Fan-Type Central Furnaces,''
amended January 22, 2015.
(462) The following plan was submitted on October 21, 2014, by the
Governor's designee.
(i) [Reserved]
(ii) Additional Materials. (A) Great Basin Unified Air Pollution
Control District (GBUAPCD).
(1) ``2014 Air Quality Maintenance Plan and Redesignation Request
for the Town of Mammoth Lakes'' (Mammoth Lakes PM10
Maintenance Plan), adopted on May 5, 2014.
(2) GBUAPCD Board Order 140505-03 adopting the Mammoth Lakes
PM10 Maintenance Plan, dated May 5, 2014.
(B) State of California Air Resources Board (CARB).
(1) CARB Resolution 14-27 adopting the redesignation request and
Mammoth Lakes PM10 Maintenance Plan, dated September 18,
2014.
(463) Amended regulations for the following APCDs were submitted on
June 26, 2015 by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) Rule 515, ``Stationary Rail Yard Control Emission Reduction
Credits,'' amended on February 19, 2015.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.26, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' revised on December 10, 2008.
(2) Rule 2.22, ``Gasoline Dispensing Facilities,'' revised on
January 14, 2015.
(3) Rule 2.34, ``Stationary Gas Turbines,'' revised on November 12,
2014.
(464) The following plan was submitted on December 21, 2010 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) Imperial County Air Pollution Control
District.
[[Page 503]]
(1) Final 2009 Reasonably Available Control Technology State
Implementation Plan (``2009 RACT SIP'') as adopted on July 13, 2010.
(465) New regulation for the following APCD was submitted on July
15, 2015 by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) ``Ozone Emergency Episode Plan,'' adopted on June 11, 2015.
(466) The following plan was submitted on October 6, 2011, by the
Governor's Designee.
(i) [Reserved].
(ii) Additional materials.
(A) California Air Resources Board (CARB).
(1) CARB Resolution 11-28, dated September 22, 2011, adopting the
``Proposed State Implementation Plan Revision for Federal Lead Standard
Infrastructure Requirements.''
(2) ``Proposed State Implementation Plan Revision for Federal Lead
Standard Infrastructure Requirements,'' (``2011 Pb Infrastructure
SIP'').
(467) The following plan was submitted on December 12, 2012, by the
Governor's Designee.
(i) [Reserved].
(ii) Additional materials. (A) California Air Resources Board
(CARB).
(1) CARB Resolution 12-32, dated November 15, 2012, adopting the
``Proposed State Implementation Plan Revision for Federal Nitrogen
Dioxide Standard Infrastructure Requirements.''
(2) ``Proposed State Implementation Plan Revision for Federal
Nitrogen Dioxide Standard Infrastructure Requirements,'' (``2012
NO2 Infrastructure SIP'').
(468) The following plan was submitted on March 6, 2014, by the
Governor's Designee.
(i) Incorporation by Reference. (A) California Air Resources Board
(1) California Government Code, Title 9 (Political Reform), Chapter
2 (Definitions), Section 82048, ``Public official,'' added by California
Initiative Measure approved on June 4, 1974, effective January 7, 1975,
and last amended in 2004.
(2) California Government Code, Title 9 (Political Reform), Chapter
7 (Conflicts of Interest), Article 1 (General Prohibition), Section
87103, ``Financial interest in decision by public official,'' added by
California Initiative Measure approved on June 4, 1974, effective
January 7, 1975, and last amended in 2000.
(3) California Government Code, Title 9 (Political Reform), Chapter
7 (Conflicts of Interest), Article 3 (Conflict of Interest Codes),
Section 87302, ``Required provisions; exemptions,'' added by California
Initiative Measure approved on June 4, 1974, effective January 7, 1975,
and last amended in 1992.
(4) Title 2, California Code of Regulations, Division 6 (Fair
Political Practices Commission), Chapter 7 (Conflict of Interest),
Article 1 (Conflicts of Interest; General Prohibition), Section 18700,
``Basic Rule and Guide to Conflict of Interest Regulations'' (filed on
December 17, 1976, effective upon filing, and last amendment filed on
December 20, 2005, operative January 19, 2006).
(5) Title 2, California Code of Regulations, Division 6 (Fair
Political Practices Commission), Chapter 7 (Conflict of Interest),
Article 1 (Conflicts of Interest; General Prohibition), Section 18701,
``Definitions: Source of Income, Commission Income and Incentive
Income'' (filed on January 22, 1976, effective February 21, 1976, and
last amendment filed on December 29, 2005, operative January 28, 2006).
(ii) Additional materials. (A) California Air Resources Board
(CARB).
(1) CARB Resolution 14-1, dated January 23, 2014, adopting the
``California Infrastructure SIP.''
(2) ``California Infrastructure SIP,'' (``2014 Multi-pollutant
Infrastructure SIP'').
(469) The following plan was submitted on June 2, 2014, by the
Governor's Designee.
(i) Incorporation by Reference. (A) Great Basin Unified Air
Pollution Control District.
(1) Rule 701, ``Air Pollution Episode Plan for Particulate Matter,''
adopted on March 3, 2014.
(470) The following plan was submitted on December 20, 2013 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
[[Page 504]]
(1) Letter and enclosures from Lynn Terry, Deputy Executive Officer,
California Air Resources Board, dated June 19, 2014, providing
supplemental information related to Appendix D (``VMT Emissions Offset
Demonstration'') of the San Joaquin Valley 2013 Plan for the Revoked 1-
Hour Ozone Standard, excluding EMFAC2011 output files.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) 2013 Plan for the Revoked 1-Hour Ozone Standard, adopted by the
San Joaquin Valley Unified Air Pollution Control District on September
19, 2013 and approved by the California Air Resources Board on November
21, 2013, excluding section 4.4 (``Contingency Reductions'').
(471) The following plan was submitted on March 4, 2015, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional material. (A) South Coast Air Quality Management
District.
(1) ``2015 Supplement to the 24-Hour PM2.5 State
Implementation Plan for the South Coast Air Basin'' (February 2015),
excluding Attachment C (``New Transportation Conformity Budgets for
2015''). SCAQMD's commitments to adopt and implement specific rules and
measures in accordance with the schedule provided in Chapter 4 of the
2012 PM2.5 Plan as modified by Table F-1 in Attachment F to
the 2015 Supplement, to achieve the emissions reductions shown therein,
and to submit these rules and measures to CARB within 30 days of
adoption for transmittal to EPA as a revision to the SIP, as stated on
pp. 7-8 of SCAQMD Governing Board Resolution 12-19 and modified by
SCAQMD Governing Board Resolution 15-3, excluding all commitments
pertaining to control measure IND-01 (Backstop Measures for Indirect
Sources of Emissions from Ports and Port-Related Facilities).
(2) SCAQMD Governing Board Resolution No. 15-3, dated February 6,
2015.
(B) State of California Air Resources Board.
(1) CARB Resolution 15-2, dated February 19, 2015, ``Minor Revision
to the South Coast Air Basin 2012 PM2.5 State Implementation
Plan.''
(472) New and amended regulations were submitted on November 13,
2015, by the Governor's designee.
(i) Incorporation by reference. (A) Yolo-Solano Air Quality
Management District.
(1) Rule 1.1, General Provisions and Definitions, revised July 8,
2015.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.15.1, ``Boilers, Steam Generators, and Process
Heaters,'' revised June 23, 2015.
(C) San Diego Air Pollution Control District.
(1) Rule 67.0.1, ``Architectural Coatings,'' adopted on June 24,
2015.
(473) A new regulation for the following AQMD was submitted on April
6, 2016 by the Governor's designee.
(i) Incorporation by reference. (A) El Dorado County Air Quality
Management District.
(1) ``Ozone Emergency Episode Plan,'' adopted January 12, 2016.
(474) New and amended regulations were submitted on March 11, 2016,
by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) Rule 250, ``Stationary Gas Turbines,'' amended on October 8,
2015.
(B) Sacramento Metropolitan Air Quality Management District.
(1) Rule 442, ``Architectural Coatings,'' amended on September 24,
2015.
(C) Butte County Air Quality Management District
(1) Rule 300, ``Open Burning Requirements, Prohibitions and
Exemptions'' amended on August 27, 2015.
(D) Ventura County Air Pollution Control District.
(1) Rule 26.13, ``New Source Review--Prevention of Significant
Deterioration (PSD),'' revised on November 10, 2015.
(475) A new plan for the following AQMD was submitted January 21,
2009 by the Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) Sacramento Metropolitan Air Quality
Management District.
(1) Reasonably Available Control Technology (RACT) Update as
Applicable to the 8-Hour Ozone Standard,
[[Page 505]]
dated October 23, 2008, adopted October 23, 2008.
(476) The following revision was submitted on November 13, 2015 by
the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) Attachment A to Resolution 15-50, ``Updates to the
Transportation Conformity Budgets for the San Joaquin Valley 2007
PM10, 2007 Ozone and 2012 PM2.5 SIPs,'' Table A-1
(Updated Transportation Conformity Budgets for the 2008 Ozone Plan (Tons
per summer day) and Table A-3 (Updated Transportation Conformity Budgets
for the 2008 PM10 Maintenance Plan (Tons per annual day)).
(2) Attachment A to Resolution 15-50, ``Updates to the
Transportation Conformity Budgets for the San Joaquin Valley 2007
PM10, 2007 Ozone and 2012 PM2.5 SIPs,'' Table A-2
(Updated Transportation Conformity Budgets for the 2012 PM2.5
Plan (Tons per winter day).
(477) The following plan revision was submitted on November 17, 2014
by the Governor's designee.
(i) [Reserved]
(ii) Additional Material. (A) California Air Resources Board.
(1) ``Report on Reductions Achieved from Incentive-based Emission
Reduction Measures in the San Joaquin Valley,'' adopted on October 24,
2014, including appendices F-H.
(478) The following plan was submitted on March 4, 2013, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) ``2012 PM2.5 Plan'' (dated December 20, 2012),
adopted December 20, 2012, except for the motor vehicle emission budgets
used for transportation conformity purposes.
(2) SJVUAPCD Governing Board Resolution No. 12-12-19, dated December
20, 2012, ``In the Matter of Adopting the San Joaquin Valley Unified Air
Pollution Control District 2012 PM2.5 Plan.''
(3) SJVUAPCD's commitments to adopt and implement specific rules and
measures by the dates specified in Chapter 5 of the 2012
PM2.5 Plan to achieve the emissions reductions shown therein,
and to submit these rules and measures to CARB within 30 days of
adoption for transmittal to EPA as a revision to the SIP, or if the
total emission reductions from the adopted rules are less than those
committed to in the Plan, to adopt, submit, and implement substitute
rules that will achieve equivalent reductions in emissions of direct
PM2.5 or PM2.5 precursors in the same adoption and
implementation timeframes or in the timeframes needed to meet CAA
milestones, as stated on p. 4 of SJVUAPCD Governing Board Resolution 12-
12-19, dated December 20, 2012.
(B) California Air Resources Board.
(1) CARB Resolution 13-2, dated January 24, 2013, ``San Joaquin
Valley PM2.5 State Implementation Plan.''
(479) The following plan was submitted on November 6, 2014, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) ``Supplemental Document, Clean Air Act Subpart 4: The 2012
PM2.5 Plan for the 2006 PM2.5 Standard and
District Rule 2201 (New and Modified Stationary Source Review)'' (dated
September 18, 2014), adopted September 18, 2014.
(2) SJVUAPCD Governing Board Resolution No. 14-09-01, dated
September 18, 2014, ``In the Matter of: Authorizing Submittal of
``Supplemental Document for the 2012 PM2.5 Plan'' to EPA.''
(B) California Air Resources Board.
(1) CARB Resolution 14-37, dated October 24, 2014, ``Supplemental
Document for the San Joaquin Valley 24-Hour PM2.5 State
Implementation Plan.''
(480) New and amended regulations for the following AQMD was
submitted on December 11, 2014 by the Governor's Designee.
(i) Incorporation by Reference. (A) Northern Sonoma County Air
Pollution Control District.
(1) Rule 130, ``Definitions,'' adopted on November 14, 2014.
(2) Rule 200, ``Permit Requirements,'' adopted on November 14, 2014.
(3) Rule 220, ``New Source Review,'' adopted on November 14, 2014.
[[Page 506]]
(4) Rule 230, ``Action on Applications,'' adopted on November 14,
2014.
(5) Previously approved on October 6, 2016, in paragraph
(c)(480)(i)(A)(1) of this section and now deleted with replacement in
(c)(504)(i)(B)(1), Rule 130, ``Definitions'' adopted on November 14,
2014.
(6) Previously approved on October 6, 2016, in paragraph
(c)(480)(i)(A)(3) of this section and now deleted with replacement in
(c)(504)(i)(B)(2), Rule 220, ``New Source Review'' adopted on November
14, 2014.
(7) Previously approved on October 6, 2016, in paragraph
(c)(480)(i)(A)(4) of this section and now deleted with replacement in
(c)(504)(i)(B)(3), Rule 230, ``Action on Applications'' adopted on
November 14, 2014.
(481) The following revision was submitted on July 17, 2014 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) California Air Resources Board, Staff Report, ``8-Hour Ozone
State Implementation Plan Emission Inventory Submittal,'' release date:
May 23, 2014, excluding the tables of 2012 average summer daily
emissions (tons per day) other than the tables for Chico (Butte County),
San Luis Obispo County (Eastern San Luis Obispo), Calaveras County, and
San Francisco Bay Area.
(482) New regulations for the following APCDs were submitted on
September 5, 2014 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 2449, ``Control of Oxides of Nitrogen Emissions from Off-
Road Diesel Vehicles,'' amended on July 11, 2014.
(483) The following plan was submitted on June 9, 2016, by the
Governor's designee.
(i) Incorporation by Reference. (A) Great Basin Unified Air
Pollution Control District.
(1) Rule 433, ``Control of Particulate Emissions at Owens Lake,''
adopted on April 13, 2016.
(ii) Additional materials. (A) Great Basin Unified Air Pollution
Control District (GBUAPCD).
(1) ``2016 Owens Valley Planning Area PM10 State
Implementation Plan,'' adopted April 13, 2016, excluding all of the
following: Section 10.1 (``Proposed Rule 433''); Appendix I-1 (``2006
Settlement Agreement''); Appendix II-1 (``2014 Stipulated Judgement'');
Appendices D (``2008 GBUAPCD Board Order No. 080128-01''), E (``2013
GBUAPCD Board Order No. 130916-01''), and F (``GBUAPCD Fugitive Dust
Rules (400, 401, 402)'') of Appendix V-1 (``Owens Valley Planning Area
2016 State Implementation Plan BACM Assessment); Appendix VI-2 (``Owens
Lake Dust Mitigation Program Phase 9/10 Project--Final Environmental
Impact Report (May 2015)''); and Appendix X-1 (``Proposed Rule 433'').
(484) The following plan was submitted on January 9, 2015, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Imperial County Air Pollution Control
District.
(1) ``Imperial County 2013 State Implementation Plan for the 2006
24-Hour PM2.5 Moderate Nonattainment Area,'' adopted December
2, 2014, Chapter 3 (``Emissions Inventory'') excluding: Section 3.4.1
(``Determination of Significant Sources of PM2.5
Precursors''); Section 3.4.2 (``Determination of Significant Sources of
PM2.5''); the 2011 and 2012 winter and annual average
inventories in Table 3.1 (``PM2.5 Emissions Inventory by
Major Source Category 2008, 2011 and 2012 Winter and Annual Planning
Emissions Inventories''); the 2011 and 2012 winter and annual average
inventories in Table 3.7 (``NOX Emissions Inventory by Major
Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions
Inventories''); the 2011 and 2012 winter and annual average inventories
in Table 3.8 (``VOCs Emissions Inventory by Major Source Category 2008,
2011 and 2012 Winter and Annual Planning Emissions Inventories''); the
2011 and 2012 winter and annual average inventories in Table 3.9
(``SOX Emissions Inventory by Major Source Category 2008,
2011 and 2012 Winter and Annual Planning Emissions Inventories''); and
the 2011 and
[[Page 507]]
2012 winter and annual average inventories in Table 3.10 (``Ammonia
Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter
and Annual Planning Emissions Inventories'').
(485) New and amended regulations were submitted on April 21, 2016
by the Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 101, ``Definitions,'' revised February 9, 2016.
(2) Rule 202, ``Exemptions,'' revised February 9, 2016.
(3) Rule 217, ``Large Confined Animal Facilities (LCAF) Permits
Required,'' revised February 9, 2016.
(B) Mojave Desert Air Quality Management District.
(1) Rule 1118, ``Aerospace Assembly, Rework and Component
Manufacturing Operations,'' amended on October 26, 2015.
(486) The following plan was submitted on November 6, 2014, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) California Air Resources Board, Staff Report, Proposed Updates
to the 1997 8-Hour Ozone Standard, State Implementation Plans; Coachella
Valley and Western Mojave Desert (excluding section III (pp. 8-12),
Table A-2, Table B-2, Table C-2, the bottom row of Table E-1, Table E-3
and accompanying discussion of Western Mojave Desert ROG calculations on
p. E-7, and Figure E-2 (regarding Western Mojave Desert); Table B-3
(regarding contingency measures); and Appendix D (regarding
transportation conformity budgets)), adopted on October 24, 2014.
(2) California Air Resources Board, Staff Report, Proposed Updates
to the 1997 8-Hour Ozone Standard, State Implementation Plans; Coachella
Valley and Western Mojave Desert, adopted on October 24, 2014:
``Reasonable Further Progress Demonstration Update,'' at p. 10
(excluding those portions that pertain to reasonable further progress
targets after 2011); Table A-2 (excluding pp. A-10 through A-12, and
those portions that pertain to reasonable further progress targets after
2011); Table C-2 (excluding those portions that pertain to reasonable
further progress targets after 2011).
(487) New and amended regulations were submitted on September 6,
2016 by the Governor's designee.
(i) Incorporation by reference. (A) Northern Sierra Air Quality
Management District.
(1) Rule 513, ``Emissions Statements and Recordkeeping,'' amended on
June 27, 2016.
(2) [Reserved]
(488) New and amended regulations were submitted on August 22, 2016
by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Regulation 1, Rule 2, ``Definitions,'' Rev. Adopted and
Effective on June 30, 1999, Table 1--Exempt Compounds: Rev. and
Effective on June 14, 2016.
(2) Rule 67.12.1, ``Polyester Resin Operations,'' adopted and
effective on May 11, 2016.
(3) Rule 11, ``Exemptions from Rule 10 Permit Requirements,''
revision adopted on May 11, 2016.
(4) Rule 24, ``Temporary Permit to Operate,'' revision adopted on
June 29, 2016.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4307, ``Boilers, Steam Generators, and Process Heaters--2.0
MMBtu/hr to 5.0 MMBtu/hr,'' amended on April 21, 2016.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 464, ``Organic Chemical Manufacturing Operations,'' amended
on April 28, 2016.
(D) South Coast Air Quality Management District.
(1) Rule 1113, ``Architectural Coatings,'' amended February 5, 2016,
except for the final sentence of paragraphs (b)(8), and (b)(25).
(489) Amended regulations for the following AQMD was submitted on
November 15, 2016 by the Governor's Designee.
(i) Incorporation by Reference. (A) Mendocino County Air Quality
Management District.
(1) Regulation I, Rule 1-130, ``Definitions,'' amended on September
20, 2016.
[[Page 508]]
(2) Regulation I, Rule 1-200, ``Permit Requirements,'' amended on
September 20, 2016.
(3) Regulation I, Rule 1-220, ``New Source Review Standards
(Including PSD Evaluations),'' amended on September 20, 2016.
(4) Regulation I, Rule 1-230, ``Action on Applications,'' amended on
September 20, 2016.
(490) An amended regulation was submitted on January 21, 2014 by the
Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 207, ``Federal New Source Review,'' revised on October 22,
2013.
(491) Amended regulations for the following APCDs were submitted on
March 17, 2017 by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 2001, ``Applicability,'' amended on December 4, 2015.
(2) Rule 2002, ``Allocations for Oxides of Nitrogen (NOX)
and Oxides of Sulfur (SOX),'' amended on October 7, 2016.
(3) Rule 2005, ``New Source Review for RECLAIM,'' amended on
December 4, 2015.
(4) Protocol for Rule 2011: Attachment C, ``Quality Assurance and
Quality Control Procedures,'' amended on December 4, 2015.
(5) Protocol for Rule 2011: Chapter 3, ``Process Units--Periodic
Reporting,'' amended on December 4, 2015.
(6) Protocol for Rule 2012: Attachment C, ``Quality Assurance and
Quality Control Procedures,'' amended on December 4, 2015.
(7) Protocol for Rule 2012: Chapter 4, ``Process Units Periodic
Reporting and Rule 219 Equipment,'' amended on December 4, 2015.
(8) Protocol for Rule 2011: Attachment E, ``Definitions,'' amended
on February 5, 2016.
(9) Protocol for Rule 2012: Attachment F, ``Definitions,'' amended
on February 5, 2016.
(492) The following plan revisions were submitted on July 27, 2017
by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Appendix A to the Supplemental RACM/RACT Analysis for the
NOX RECLAIM Program, Facility Permit to Operate, 63500 19th
Ave., North Palm Springs, CA 92258, title page, table of contents,
section A (page 1), and section D (pages 1-21), adopted on July 7, 2017.
(2) Appendix B to the Supplemental RACM/RACT Analysis for the
NOX RECLAIM Program, Facility Permit to Operate, 15775
Melissa Land Rd, North Palm Springs, CA 92258, title page, table of
contents, section A (page 1), and section D (pages 1-49), adopted on
July 7, 2017.
(ii) Additional materials. (A) South Coast Air Quality Management
District.
(1) Attachment B (``Supplemental RACM/RACT Analysis for the
NOX RECLAIM Program (May 2017)''), excluding Appendices A and
B.
(2) Attachment C (``Negative Declaration for Control Techniques
Guidelines of Surface Coating Operations at Shipbuilding and Repair
Facilities, and Paper, Film and Foil Coatings (May 2017)'').
(493) The following plan was submitted by on October 23, 2015 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Antelope Valley Air Quality
Management District.
(1) 8-Hour Reasonably Available Control Technology--State
Implementation Plan Analysis (RACT SIP Analysis), July 2015, adopted on
July 21, 2015.
(2) Antelope Valley Air Quality Management District Federal Negative
Declaration (8 hr Ozone Standard) for Twenty CTG Source Categories,
signed June 15, 2015 and adopted on July 21, 2015.
(494) The following plan revision was submitted on June 7, 2017 by
the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Antelope Valley Air Quality
Management District.
(1) Antelope Valley Air Quality Management District Federal Negative
[[Page 509]]
Declaration (8-hour Ozone Standards) for Seven Control Techniques
Guideline Source Categories, signed October 19, 2016 and adopted on
December 20, 2016.
(2) [Reserved]
(495) The following plan was submitted on November 10, 1993 by the
Governor's designee.
(i) [Reserved]
(ii) Additional material.
(A) California Air Resources Board.
(1) Letter and attachments from James D. Boyd, Executive Officer,
California Air Resources Board, to Felicia Marcus, Regional
Administrator, EPA Region IX, November 10, 1993.
(496) The following plan was submitted on August 24, 2016, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board
(CARB).
(1) CARB Resolution 16-8, dated July 21, 2016, adopting the ``2016
Ozone State Implementation Plan for the San Joaquin Valley.''
(2) ``Staff Report, ARB Review of the San Joaquin Valley 2016 Plan
for the 2008 8-Hour Ozone Standard,'' section V.H (``Bakersfield Area
Monitor'') and Appendix C (``U.S. EPA Letter Regarding Arvin Site
Relocation''), only.
(B) San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD).
(1) SJVUAPCD ``2016 Ozone Plan for 2008 8-Hour Ozone Standard,''
dated June 16, 2016, Chapter 3.4 and Appendix C only, as adopted by the
SJVUAPCD on June 16, 2016.
(2) Resolution 16-6-20, In the Matter of: Adopting the San Joaquin
Valley Unified Air Pollution Control District 2016 Ozone Plan for the
2008 8-Hour Ozone Standard, June 16, 2016, commitment to adopt,
implement and submit measures committed to in the 2016 Ozone Plan for
the 2008 8-Hour Ozone Standard, only.
(3) 2016 Ozone Plan for 2008 8-Hour Ozone Standard, adopted June 16,
2016, excluding subchapters 3.4 (``Reasonably Available Control
Technology''), 3.11.1 (``Emission Inventory Requirements''), 6.3.2
(``Reasonable Further Progress Requirements''), and 6.4 (``Contingency
for Attainment''); appendix C (``Stationary and Area Source Control
Strategy Evaluations''); and tables D-1 and D-4 through D-8 in
attachment B (``San Joaquin Valley 8-Hr Ozone Motor Vehicle Emissions
Budgets'') of appendix D (``Mobile Source Control Strategy'').
(4) 2016 Ozone Plan for 2008 8-Hour Ozone Standard, adopted June 16,
2016, subchapters 3.11.1 (``Emission Inventory Requirements'') and 6.4
(``Contingency for Attainment''), only.
(497) New and/or amended regulations for the following AQMDs were
submitted on January 24, 2017 by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Permit to Operate for the Kiefer Landfill (``Permit to Operate
No. 24360--Air Pollution Control Landfill Gas Flare No. 1, Enclosed
Type'') with Attachment A, as reissued on April 14, 2016.
(2) Permit to Operate for the Kiefer Landfill (``Permit to Operate
No. 24361--Air Pollution Control Landfill Gas Flare No. 2, Enclosed
Type'') with Attachment A, as reissued on April 14, 2016.
(B) Placer County Air Pollution Control District.
(1) Rule 206, ``Incinerator Burning,'' amended on October 13, 2016.
(2) Rule 518, ``Prevention of Significant Deterioration (PSD) Permit
Program,'' amended on October 13, 2016.
(C) Northern Sierra Air Quality Management District.
(1) City of Portola.
(i) Ordinance No. 344, Portola Municipal Code, Chapter 15.10, ``Wood
Stove and Fireplace Ordinance,'' adopted June 22, 2016, except
paragraphs 15.10.060(B) and sections 15.10.090 and 15.10.100.
(ii) [Reserved]
(2) [Reserved]
(D) Yolo-Solano Air Quality Management District.
(1) Rule 2.21, ``Organic Liquid Storage and Transfer,'' revised on
September 14, 2016.
(2) Rule 2.14, ``Architectural Coatings,'' revised on October 12,
2016.
(498) New or amended regulations were submitted on February 24, 2017
by the Governor's designee.
[[Page 510]]
(i) Incorporation by Reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 74.34, ``NOX Reductions from Miscellaneous
Sources,'' adopted on December 13, 2016.
(B) Mojave Desert Air Quality Management District.
(1) Rule 1106, ``Marine and Pleasure Craft Coating Operations,''
amended on October 24, 2016.
(499) The following plan was submitted on September 9, 2015 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Mojave Desert Air Quality Management
District.
(1) 8-Hour Reasonably Available Control Technology--State
Implementation Plan Analysis (RACT SIP Analysis), February 2015, adopted
on February 23, 2015.
(2) Mojave Desert Air Quality Management District Federal Negative
Declaration (8 hr Ozone Standard) for Nineteen CTG Categories, signed
January 13, 2015 and adopted on February 23, 2015.
(B) [Reserved]
(500) The following plan was submitted on February 28, 2017 by the
Governor's designee.
(i) Incorporation by reference. (A) Northern Sierra Air Quality
Management District.
(1) Northern Sierra Air Quality Management District Resolution
2017-01, adopted January 23, 2017.
(2) [Reserved]
(B) [Reserved]
(ii) Additional materials. (A) Northern Sierra Air Quality
Management District.
(1) The ``Portola Fine Particulate Matter (PM2.5)
Attainment Plan,'' adopted January 23, 2017, excluding subchapter V.G
(``Demonstrating Attainment of the 24-hour Standard''), subchapter VI.B
(``Contingency Measure''), and appendices.
(2) [Reserved]
(B) [Reserved]
(501) The following plan revision was submitted on February 22, 2018
by the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Yolo-Solano Air Quality Management
District.
(1) Adoption of Four Negative Declarations; Resolution No. 18-01
adopted January 10, 2018.
(2) [Reserved]
(B) [Reserved]
(502) Amended regulations for the following APCD were submitted on
December 14, 2017 by the Governor's Designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Regulation 2, ``Permits,'' Rule 1, ``General Requirements,''
adopted on December 6, 2017; Regulation 2, ``Permits,'' Rule 2, ``New
Source Review,'' adopted on December 6, 2017; and Regulation 2,
``Permits,'' Rule 4, ``Emissions Banking,'' adopted on December 6, 2017.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
(503) New and amended regulations for the following APCDs were
submitted on August 9, 2017 by the Governor's designee.
(i) Incorporation by reference. (A) Antelope Valley Air Quality
Management District.
(1) Rule 1151.1, ``Motor Vehicle Assembly Coating Operations,''
adopted on June 20, 2017.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
(504) The following amended regulations were submitted on June 12,
2017, by the Governor's designee.
(i) Incorporation by reference. (A) Butte County Air Quality
Management District.
(1) Rule 432, ``Federal New Source Review,'' amended on March 23,
2017.
(2) [Reserved]
(B) Northern Sonoma County Air Pollution Control District.
(1) Rule 130, ``Definitions,'' amended on May 3, 2017.
(2) Rule 220, ``New Source Review Standards (including PSD
Evaluations),'' amended on May 3, 2017.
(3) Rule 230, ``Action on Applications,'' amended on May 3, 2017.
(ii) [Reserved]
(505) The following plan was submitted on November 13, 2017 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Yolo-Solano Air Quality Management
District.
[[Page 511]]
(1) Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Analysis: ``Table 3--CTG Categories for Which
YSAQMD Will Adopt a Negative Declaration,'' adopted on September 13,
2017.
(2) [Reserved]
(B) [Reserved]
(506) The following plan was submitted on December 18, 2017, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Butte County Air Quality Management
District.
(1) ``Chico, CA/Butte County PM2.5 Nonattainment Area
Redesignation Request and Maintenance Plan,'' adopted October 26, 2017.
(2) [Reserved]
(B) [Reserved]
(507) New regulations for the following APCD were submitted on June
29, 2018 by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD).
(1) Permit C-705-3-19, J.R. Simplot Company, Nitric Acid Plant,
Helm, CA, adopted by the SJVUAPCD, Resolution No.18-06-14, June 21,
2018.
(2) [Reserved]
(B) [Reserved]
(ii) Additional materials. (A) San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD).
(1) SJVUAPCD ``Appendix B Negative Declarations For Proposed
Revision to the State Implementation Plan (SIP) to Address Federal Clean
Air Act Requirements for Reasonably Available Control Technology (RACT)
June 21, 2018,'' containing negative declarations, as adopted by the
SJVUAPCD on June 21, 2018.
(2) [Reserved]
(B) [Reserved]
(508) New or amended regulations for the following APCD was
submitted on June 17, 2016 by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Rule 20.1, ``New Source Review--General Provisions,'' revision
adopted on April 27, 2016.
(2) Rule 20.2, ``New Source Review--Non-Major Stationary Sources''
(except subsections (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3)),
revision adopted on April 27, 2016.
(3) Rule 20.3, ``New Source Review--Major Stationary Sources and PSD
Stationary Sources'' (except subsections (d)(1)(vi), (d)(2)(i)(B),
(d)(2)(v), (d)(2)(vi)(B) and (d)(3)), revision adopted on April 27,
2016.
(4) Rule 20.4, ``New Sources Review--Portable Emission Units''
(except subsections (b)(2), (b)(3), (d)(1)(iii), (d)(2)(i)(B),
(d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)), revision adopted on April
27, 2016.
(5) Rule 20.6, ``Standards for Permit to Operate Air Quality
Analysis,'' revision adopted on April 27, 2016.
(B) [Reserved]
(ii) [Reserved]
(509) New and amended regulations for the following APCDs were
submitted on May 8, 2017 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1325, ``Federal PM2.5 New Source Review
Program'' amended on November 4, 2016.
(2) [Reserved]
(B) Feather River Air Quality Management District.
(1) Rule 3.23, ``Natural Gas-Fired Water Heaters, Small Boilers, and
Process Heaters'' adopted on October 3, 2016.
(2) [Reserved]
(ii) [Reserved]
(510) New additional materials for the following APCD was submitted
on November 16, 2017 by the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) South Coast Air Quality Management
District.
(1) ``Nonattainment New Source Review (NSR) Compliance Demonstration
for the 2008 Ozone National Ambient Air Quality Standard (NAAQS),''
adopted July 7, 2017.
(2) [Reserved]
(B) [Reserved]
(511) New additional materials for the following APCD's were
submitted on June 19, 2018 by the Governor's designee.
(i) [Reserved]
[[Page 512]]
(ii) Additional materials. (A) San Joaquin Valley Air Pollution
Control District.
(1) ``Certification that the San Joaquin Valley Unified Air
Pollution Control District's Current NNSR Program Addresses the 2008
Ozone NAAQS SIP Requirements Rule,'' adopted April 19, 2018.
(2) [Reserved]
(B) Yolo-Solano Air Quality Management District.
(1) ``Certification that Yolo-Solano's Existing NNSR Program meets
the 2008 Ozone NAAQS SIP Requirements Rule,'' adopted March 14, 2018.
(2) [Reserved]
(512) The following plan was submitted on January 19, 2016, by the
Governor's Designee.
(i) [Reserved].
(ii) Additional materials. (A) California Air Resources Board
(CARB).
(1) ``California Infrastructure State Implementation Plan (SIP)
Revision, Clean Air Act Section 110(a)(2)(D),'' adopted December 17,
2015, (``California Transport Plan'').
(2) [Reserved]
(B) [Reserved]
(513) The following plan was submitted on January 4, 2017 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) El Dorado County Air Quality
Management District.
(1) Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Update Analysis Staff Report, adopted on
January 3, 2017.
(2) Board of Directors of the El Dorado County Air Quality
Management District, Resolution No. 002-2017, ``Resolution Approving
2008 Reasonably Available Control Technology (RACT) State Implementation
Plan (SIP) Update Analysis.''
(B) [Reserved]
(514) The following plan was submitted on December 5, 2018, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) Resolution 18-50, 2018 Updates to the California State
Implementation Plan, October 25, 2018, including Attachments A
(``Covered Districts''), B (``Menu of Enhanced Enforcement Actions''),
and C (``Correction of Typographical Error'').
(2) 2018 Updates to the California State Implementation Plan,
adopted on October 25, 2018, chapter VIII (``SIP Elements for the San
Joaquin Valley''), chapter X (``Contingency Measures''), and Appendix A
(``Nonattainment Area Inventories''), pages A-1, A-2 and A-27 through A-
30, only.
(B) [Reserved]
(515) The following additional materials were submitted on December
20, 2017, by the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) Resolution 17-28, ``Supplemental Transportation Conformity
Emissions Budgets for the Portola Fine Particulate Matter
(PM2.5) Attainment Plan,'' October 26, 2017, excluding the
2022 conformity budget.
(2) [Reserved]
(B) [Reserved]
(516) New and amended regulations for the following APCDs were
submitted on November 13, 2017 by the Governor's designee.
(i) Incorporation by reference. (A) Antelope Valley Air Quality
Management District.
(1) Rule 462, ``Organic Liquid Loading,'' amended on September 19,
2017.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
(517) The following plan was submitted on April 27, 2017, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) Resolution 17-7, 2016 State Strategy for the State
Implementation Plan, March 23, 2017, commitments to a rulemaking
schedule and to achieve aggregate emission reductions of 8 tons per day
of NOX in San Joaquin Valley by 2031, and the rulemaking
schedule included in attachment A to Resolution 17-7, only.
(2) Revised Proposed 2016 State Strategy for the State
Implementation Plan, adopted on March 23, 2017, except for the
subchapter titled ``South Coast Commitment'' in chapter 3 (``Proposed
SIP Commitment'').
[[Page 513]]
(B) South Coast Air Quality Management District.
(1) The following portions of the ``Final 2016 Air Quality
Management Plan (March 2017),'' adopted March 3, 2017: Chapter 5
(``PM2.5 Modeling Approach''), pages 5-17 through 5-27;
Appendix III (``Base and Future Emission Inventory''), Attachment A
(``Annual Average Emissions by Source Category in South Coast Air
Basin'') for PM2.5, NOX, SO2, VOC, and
NH3 for years 2012, 2017, 2019, and 2020 and Attachment D, tables D-1,
D-3, D-7 and D-9; Appendix IV-A (``SCAQMD's Stationary and Mobile Source
Control Measures''), Table IV-A-4 and section 2 (``PM2.5
Control Measures''); Appendix IV-C (``Regional Transportation Strategy
and Control Measures''), section IV (``TCM Best Available Control
Measure (BACM) Analysis for 2006 24-Hour and 2012 Annual
PM2.5 NAAQS''); Appendix V (``Modeling and Attainment
Demonstration''), Chapter 7 (``24-hour PM2.5 Demonstration'')
and Attachment 8 (``24-hour Unmonitored Area Analysis Supplement'');
Appendix VI-A (``Reasonably Available Control Measures (RACM)/Best
Available Control Measures (BACM) Demonstration''), pages VI-A-13
through VI-A-42, Attachment VI-A-1 (``Evaluation of SCAQMD Rules and
Regulations''), Attachment VI-A-2 (``Control Measure Assessment''), and
Attachment VI-A-3 (``California Mobile Source Control Program Best
Available Control Measures/Reasonably Available Control Measures
Assessment''); Appendix VI-C (``Reasonable Further Progress (RFP) and
Milestone Years''), pages VI-C-5 through VI-C-8, and Attachment VI-C-1
(``California Existing Mobile Source Control Program''); Appendix VI-D
(``General Conformity and Transportation Conformity Budget''), pages VI-
D-2 through VI-D-6 and excluding tables VI-D-1 through 3; and Appendix
VI-F (``Precursor Requirements'').
(2) Letter dated March 14, 2018 from Philip Fine, Deputy Executive
Officer, Planning, Rule Development, and Area Sources, South Coast Air
Quality Management District, to Amy Zimpfer, Associate Director, Air
Division, EPA Region IX.
(3) Letter dated June 15, 2018 from Philip Fine, Deputy Executive
Officer, Planning, Rule Development, and Area Sources, South Coast Air
Quality Management District, to Amy Zimpfer, Associate Director, Air
Division, EPA Region IX, regarding ``Condensable and Filterable Portions
of PM2.5 Emissions in the 2016 AQMD.''
[37 FR 10850, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.220, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.220a Identification of plan--in part.
(a) Purpose and scope. This section sets forth a portion of the
applicable State implementation plan for the State of California 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. This section
identifies the state statutes and state regulations portion of the
applicable California State implementation plan.
(b) Incorporation by reference. (1) Material listed in paragraph (c)
and (d) of this section with an EPA approval date on or prior to April
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) and (d) of this section with
EPA approval dates after April 1, 2016 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 April 1, 2016.
(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; or the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call (202) 741-6030, or go
[[Page 514]]
to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA-approved regulations.
Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
State Additional
State citation Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
GOVERNMENT CODE
----------------------------------------------------------------------------------------------------------------
Title 9 (Political Reform), Chapter 2 (Definitions)
----------------------------------------------------------------------------------------------------------------
82048.......................... Public official.. 1/1/2005 4/1/2016, 81 FR 18766 Added by
California
Initiative
Measure approved
on June 4, 1974,
effective
January 7, 1975,
and last amended
in 2004.
Submitted on
March 6, 2014.
See 40 CFR
52.220(c)(468)(i
)(A)(1).
----------------------------------------------------------------------------------------------------------------
Title 9 (Political Reform), Chapter 7 (Conflicts of Interest), Article 1 (General Prohibitions)
----------------------------------------------------------------------------------------------------------------
87103.......................... Financial 1/1/2001 4/1/2016, 81 FR 18766 Added by
interest in California
decision by Initiative
public official. Measure approved
on June 4, 1974,
effective
January 7, 1975,
and last amended
in 2000.
Submitted on
March 6, 2014.
See 40 CFR
52.220(c)(468)(i
)(A)(2).
----------------------------------------------------------------------------------------------------------------
Title 9 (Political Reform), Chapter 7 (Conflicts of Interest), Article 3 (Conflict of Interest Codes)
----------------------------------------------------------------------------------------------------------------
87302.......................... Required 1/1/1993 4/1/2016, 81 FR 18766 Added by
Provisions; California
exemptions. Initiative
Measure approved
on June 4, 1974,
effective
January 7, 1975,
and last amended
in 1992.
Submitted on
March 6, 2014.
See 40 CFR
52.220(c)(468)(i
)(A)(3).
----------------------------------------------------------------------------------------------------------------
HEALTH AND SAFETY CODE
----------------------------------------------------------------------------------------------------------------
Division 26 (Air Resources Board), Part 4 (Nonvehicular Air Pollution Control), Chapter 3 (Emission
Limitations), Article 5 (Gasoline Vapor Recovery)
----------------------------------------------------------------------------------------------------------------
41950.......................... Standards for 1/1/1976 7/8/1982, 47 FR 29668 Submitted on
stationary tanks. April 23, 1980.
See 40 CFR
52.220(c)(69)(iv
). Added Stats.
1975 ch. 957
Sec. 12.
41951.......................... ``Pressure tank'' 1/1/1976 7/8/1982, 47 FR 29668 Submitted on
defined. April 23, 1980.
See 40 CFR
52.220(c)(69)(iv
). Added Stats.
1975 ch. 957
Sec. 12.
41952.......................... ``Vapor recovery 1/1/1976 7/8/1982, 47 FR 29668 Submitted on
system'' defined. April 23, 1980.
See 40 CFR
52.220(c)(69)(iv
). Former Sec.
39068.4. Added
Stats. 1975 ch.
957 Sec. 12.
41953.......................... ``Floating roof'' 1/1/1976 7/8/1982, 47 FR 29668 Submitted on
defined. April 23, 1980.
See 40 CFR
52.220(c)(69)(iv
). Former Sec.
39068.5. Added
Stats. 1975 ch.
957 Sec. 12.
41954.......................... Procedures; 9/28/1981 7/8/1982, 47 FR 29668 Submitted on
Standards; April 23, 1980.
Certification; See 40 CFR
Testing; Fees. 52.220(c)(69)(iv
). Stats. 1981
ch. 902 Sec.
5.
41955.......................... Submission of 9/20/1976 7/8/1982, 47 FR 29668 Submitted on
system for April 23, 1980.
certification. See 40 CFR
52.220(c)(69)(iv
).
41956.......................... Fire prevention 9/28/1981 7/8/1982, 47 FR 29668 Submitted on
and measurement April 23, 1980.
standards. See 40 CFR
52.220(c)(69)(iv
).
41956.1........................ Revision of 9/28/1981 7/8/1982, 47 FR 29668 Submitted on
standards; April 23, 1980.
Prohibited See 40 CFR
systems. 52.220(c)(69)(iv
).
41957.......................... Safety hazards... 9/20/1976 7/8/1982, 47 FR 29668 Submitted on
April 23, 1980.
See 40 CFR
52.220(c)(69)(iv
).
[[Page 515]]
41958.......................... Design and 9/28/1981 7/8/1982, 47 FR 29668 Submitted on
performance April 23, 1980.
standards; See 40 CFR
Certification 52.220(c)(69)(iv
and testing. ).
41959.......................... Simultaneous 9/20/1976 7/8/1982, 47 FR 29668 Submitted on
testing. April 23, 1980.
See 40 CFR
52.220(c)(69)(iv
).
41960.......................... Local or regional 9/20/1976 7/8/1982, 47 FR 29668 Submitted on
authorities. April 23, 1980.
See 40 CFR
52.220(c)(69)(iv
).
41960.1........................ Operation of 9/20/1976 7/8/1982, 47 FR 29668 Submitted on
motor vehicle April 23, 1980.
fueling vapor See 40 CFR
control system. 52.220(c)(69)(iv
).
41960.2........................ Maintenance of 9/28/1981 7/8/1982, 47 FR 29668 Submitted on
vapor control April 23, 1980.
system; See 40 CFR
Identification 52.220(c)(69)(iv
of equipment ).
defects.
41960.3........................ Complaints 9/28/1981 7/8/1982, 47 FR 29668 Submitted on
concerning motor April 23, 1980.
vehicle vapor See 40 CFR
control systems. 52.220(c)(69)(iv
).
41960.4........................ Posting of 9/28/1981 7/8/1982, 47 FR 29668 Submitted on
operating April 23, 1980.
instructions for See 40 CFR
motor vehicle 52.220(c)(69)(iv
fueling vapor ).
control systems.
41961.......................... Certification fee 9/20/1976 7/8/1982, 47 FR 29668 Submitted on
April 23, 1980.
See 40 CFR
52.220(c)(69)(iv
).
41962.......................... Certification of 1/1/1978 7/8/1982, 47 FR 29668 Submitted on
standards April 23, 1980.
compliance for See 40 CFR
cargo tanks. 52.220(c)(69)(iv
). Added Stats.
1977 ch. 983
Sec. 2.
----------------------------------------------------------------------------------------------------------------
PUBLIC RESOURCES CODE
----------------------------------------------------------------------------------------------------------------
Division 13 (Environmental Quality)
----------------------------------------------------------------------------------------------------------------
21000.......................... Legislative 1/1/1980 1/21/1981, 46 FR 5965 Section from the
intent. California
Environmental
Quality Act.
Submitted on
October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1979 c.
947 p. 3270 Sec.
4.
21001.......................... Additional 1/1/1980 1/21/1981, 46 FR 5965 Section from the
legislative California
intent. Environmental
Quality Act.
Submitted on
October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1979 c.
947 p. 3271 Sec.
5.
21002.......................... Approval of 1/1/1977 1/21/1981, 46 FR 5965 Section from the
projects; California
feasible Environmental
alternatives or Quality Act.
mitigation Submitted on
measures. October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1976 c.
1312 Sec. 1.
21002.1........................ Use of 1/1/1978 1/21/1981, 46 FR 5965 Section from the
environmental California
impact reports; Environmental
policy. Quality Act.
Submitted on
October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1977 c.
1200 p. 3996
Sec. 1.5.
21061.......................... ``Environmental 1/1/1977 1/21/1981, 46 FR 5965 Section from the
impact report'' California
defined. Environmental
Quality Act.
Submitted on
October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1976 c.
1312 Sec. 5.
21063.......................... ``Public agency'' 12/5/1972 1/21/1981, 46 FR 5965 Section from the
defined. California
Environmental
Quality Act.
Submitted on
October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1972 c.
1154 p. 2271
Sec. 1.
[[Page 516]]
21065.......................... ``Project'' 12/5/1972 1/21/1981, 46 FR 5965 Section from the
defined. California
Environmental
Quality Act.
Submitted on
October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1972 c.
1154 p. 2271
Sec. 1.
21080.1........................ Environmental 1/1/1978 1/21/1981, 46 FR 5965 Section from the
impact report or California
negative Environmental
declaration; Quality Act.
determination by Submitted on
lead agency; October 20,
finality; 1980. See 40 CFR
consultation. 52.220(c)(63).
Stats. 1977 c.
1200 p. 3997
Sec. 3.
21080.4........................ Environmental 9/26/1978 1/21/1981, 46 FR 5965 Section from the
impact report; California
requirement Environmental
determined by Quality Act.
lead agency; Submitted on
duties of October 20,
responsible 1980. See 40 CFR
agencies; 52.220(c)(63).
consultation; Stats. 1978 c.
assistance by 1113 p. 3403
office of Sec. 8.3.
planning and
research.
21080.5(a), (b), (c), and (d).. Plans in lieu of 6/30/1978 1/21/1981, 46 FR 5965 Section from the
environmental California
impact report. Environmental
Quality Act.
Submitted on
October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1978 c.
308.
21081.......................... Necessary 1/1/1977 1/21/1981, 46 FR 5965 Section from the
findings where California
environmental Environmental
impact report Quality Act.
identifies Submitted on
effects. October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1976 c.
1312 Sec. 9.
21082.......................... Public agencies; 1/1/1977 1/21/1981, 46 FR 5965 Section from the
adoption of California
objectives, Environmental
criteria and Quality Act.
procedures; Submitted on
consistency with October 20,
guidelines. 1980. See 40 CFR
52.220(c)(63).
Stats. 1976 c.
1312 Sec. 9.5.
21100.......................... Environmental 1/1/1977 1/21/1981, 46 FR 5965 Section from the
impact report on California
proposed state Environmental
projects; Quality Act.
significant Submitted on
effect; October 20,
cumulative 1980. See 40 CFR
impact analysis. 52.220(c)(63).
Stats. 1976 c.
1312 Sec. 16.
21104.......................... State lead 1/1/1978 1/21/1981, 46 FR 5965 Section from the
agency; California
consultations Environmental
prior to Quality Act.
completion of Submitted on
impact report. October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1977 c.
1200 p. 4001
Sec. 11.
21151.......................... Local agencies; 12/5/1972 1/21/1981, 46 FR 5965 Section from the
preparation and California
completion of Environmental
impact report; Quality Act.
submission as Submitted on
part of general October 20,
plan report; 1980. See 40 CFR
significant 52.220(c)(63).
effort. Stats. 1972 c.
1154 p. 2276
Sec. 11.
21153.......................... Local lead 12/5/1972 1/21/1981, 46 FR 5965 Section from the
agency; California
consultations Environmental
prior to Quality Act.
completion of Submitted on
impact report. October 20,
1980. See 40 CFR
52.220(c)(63).
Stats. 1972 c.
1154 p. 2276
Sec. 14.
21160.......................... Application for 12/5/1972 1/21/1981, 46 FR 5965 Section from the
lease, permit, California
license, etc.; Environmental
data and Quality Act.
information; Submitted on
purpose; trade October 20,
secrets. 1980. See 40 CFR
52.220(c)(63).
Stats. 1972 c.
1154 p. 2276
Sec. 15.
----------------------------------------------------------------------------------------------------------------
[[Page 517]]
CALIFORNIA CODE OF REGULATIONS
----------------------------------------------------------------------------------------------------------------
Title 2 (Administration), Division 6 (Fair Political Practices Commission), Chapter 7 (Conflicts of Interest);
Article 1 (Conflicts of Interest; General Prohibition)
----------------------------------------------------------------------------------------------------------------
18700.......................... Basic rule; Guide 1/19/2006 4/1/2016, 81 FR 18766 Filed on December
to conflict of 17, 1976,
interest effective upon
regulations. filing, and last
amendment filed
on December 20,
2005, operative
January 19,
2006. Submitted
on March 6,
2014. See 40 CFR
52.220(c)(468)(i
)(A)(4).
18701.......................... Public Official, 1/28/2006 4/1/2016, 81 FR 18766 Filed on January
Definitions. 22, 1976,
effective
February 21,
1976, and last
amendment filed
on December 29,
2005, operative
January 28,
2006. Submitted
on March 6,
2014. See 40 CFR
52.220(c)(468)(i
)(A)(5).
----------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 2 (Pesticides);
Subchapter 4 (Restricted Materials); Article 4 (Field Fumigant Use Requirements)
----------------------------------------------------------------------------------------------------------------
6447........................... Methyl Bromide-- 1/25/2008 10/26/2012, 77 FR 65294 Only the
Field Fumigation undesignated
General introductory
Requirements. text of this
regulation was
approved into
the SIP.
Submitted on
October 12,
2009. See 40 CFR
52.220(c)(413)(i
)(A)(1).
6447.3......................... Methyl Bromide-- 1/25/2008 10/26/2012, 77 FR 65294 Submitted on
Field Fumigation October 12,
Methods. 2009. See 40 CFR
52.220(c)(413)(i
)(A)(1).
6448........................... 1,3- 1/25/2008 10/26/2012, 77 FR 65294 Submitted on
Dichloropropene October 12,
Field 2009. See 40 CFR
Fumigation--Gene 52.220(c)(413)(i
ral Requirements. )(A)(1).
6448.1......................... 1,3- 4/7/2011 10/26/2012, 77 FR 65294 Submitted on
Dichloropropene August 2, 2011.
Field Fumigation See 40 CFR
Methods. 52.220(c)(414)(i
)(A)(1).
6449........................... Chloropicrin 1/25/2008 10/26/2012, 77 FR 65294 Submitted on
Field October 12,
Fumigation--Gene 2009. See 40 CFR
ral Requirements. 52.220(c)(413)(i
)(A)(1).
6449.1......................... Chloropicrin 4/7/2011 10/26/2012, 77 FR 65294 Submitted on
Field Fumigation August 2, 2011.
Methods. See 40 CFR
52.220(c)(414)(i
)(A)(1).
6450........................... Metam-Sodium, 1/25/2008 10/26/2012, 77 FR 65294 Submitted on
Potassium N- October 12,
methyldithiocarb 2009. See 40 CFR
amate (metam 52.220(c)(413)(i
potassium), and )(A)(1).
Dazomet Field
Fumigation--Gene
ral Requirements.
6450.1......................... Metam-Sodium and 4/7/2011 10/26/2012, 77 FR 65294 Submitted on
Potassium N- August 2, 2011.
methyldithiocarb See 40 CFR
amate (Metam 52.220(c)(414)(i
Potassium) Field )(A)(1).
Fumigation
Methods.
6450.2......................... Dazomet Field 1/25/2008 10/26/2012, 77 FR 65294 Submitted on 10/
Fumigation 12/2009. See 40
Methods. CFR
52.220(c)(413)(i
)(A)(1).
6451........................... Sodium 1/25/2008 10/26/2012, 77 FR 65294 Submitted on
Tetrathiocarbona October 12,
te Field 2009. See 40 CFR
Fumigation--Gene 52.220(c)(413)(i
ral Requirements. )(A)(1).
6451.1......................... Sodium 1/25/2008 10/26/2012, 77 FR 65294 Submitted on
Tetrathiocarbona October 12,
te Field 2009. See 40 CFR
Fumigation 52.220(c)(413)(i
Methods. )(A)(1).
[[Page 518]]
6452........................... Reduced Volatile 11/1/2013 81 FR 6481, 2/8/2016 Amends previous
Organic Compound version of rule
Emissions Field approved at 77
Fumigation FR 65294
Methods. (October 26,
2012). Amended
rule adopted by
the California
Department of
Pesticide
Regulation on
May 23, 2013.
Submitted on
February 4,
2015.
6452.1......................... Fumigant Volatile 1/25/2008 10/26/2012, 77 FR 65294 Submitted on
Organic Compound October 12,
Emission Records 2009. See 40 CFR
and Reporting. 52.220(c)(413)(i
)(A)(1).
6452.2......................... Volatile Organic 11/1/2013 81 FR 6481, 2/8/2016 Amends previous
Compound version of rule
Emission Limits. approved at 77
FR 65294
(October 26,
2012). Amended
rule adopted by
the California
Department of
Pesticide
Regulation on
May 23, 2013.
Submitted on
February 4,
2015.
6452.3......................... Field Fumigant 4/7/2011 10/26/2012, 77 FR 65294 Submitted on
Volatile Organic August 2, 2011.
Compound See 40 CFR
Emission 52.220(c)(414)(i
Allowances. )(A)(1).
----------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control
Operations), Subchapter 1 (Licensing), Article 5 (Agricultural Pest Control Adviser Licenses)
----------------------------------------------------------------------------------------------------------------
6558........................... Recommendations 11/1/2013 81 FR 6481, 2/8/2016 Adopted by the
for Use of California
Nonfumigants in Department of
the San Joaquin Pesticide
Valley Ozone Regulation on
Nonattainment May 23, 2013.
Area. Submitted on
February 4,
2015.
----------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control
Operations), Subchapter 1 (Licensing), Article 6 (Pest Control Dealer Licenses)
----------------------------------------------------------------------------------------------------------------
6577........................... Sales of 11/1/2013 81 FR 6481, 2/8/2016 Adopted by the
Nonfumigants for California
Use in the San Department of
Joaquin Valley Pesticide
Ozone Regulation on
Nonattainment May 23, 2013.
Area. Submitted on
February 4,
2015.
----------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control
Operations); Subchapter 2 (Work Requirements); Article 1 (Pest Control Operations Generally)
----------------------------------------------------------------------------------------------------------------
6624........................... Pesticide Use 12/20/2010 10/26/2012, 77 FR 65294 Excluding
Records. references in
subsection (f)
to methyl iodide
and section
6446.1.
Submitted on
August 2, 2011.
See 40 CFR
52.220(c)(414)(i
)(A)(2).
6626........................... Pesticide Use 4/7/2011 10/26/2012, 77 FR 65294 Submitted on
Reports for August 2, 2011.
Production See 40 CFR
Agriculture. 52.220(c)(414)(i
)(A)(2).
----------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental
Protection), Subchapter 2 (Air), Article 1 (Toxic Air Contaminants)
----------------------------------------------------------------------------------------------------------------
6864........................... Criteria for 11/1/2013 81 FR 6481, 2/8/2016 Adopted by the
Identifying California
Pesticides as Department of
Toxic Air Pesticide
Contaminants. Regulation on
May 23, 2013.
Submitted on
February 4,
2015.
----------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental
Protection), Subchapter 2 (Air), Article 2 (Volatile Organic Compounds)
----------------------------------------------------------------------------------------------------------------
6880........................... Criteria to 11/1/2013 9/20/2016, 81 FR 64350 Adopted by the
Designate Low- California
Volatile Organic Department of
Compound (VOC) Pesticide
or High-VOC Regulation on
Nonfumigant May 23, 2013.
Pesticide Submitted on
Products. February 4,
2015.
[[Page 519]]
6881........................... Annual Volatile 11/1/2013 9/20/2016, 81 FR 64350 Amends and
Organic Compound renumbers
Emissions previous version
Inventory Report. of rule approved
at 77 FR 65294
(October 26,
2012) as 3 CCR
Sec. 6452.4.
Amended and
renumbered rule
adopted by the
California
Department of
Pesticide
Regulation on
May 23, 2013.
Submitted on
February 4,
2015.
6883........................... Recommendation 11/1/2013 9/20/2016, 81 FR 64350 Adopted by the
Requirements in California
the San Joaquin Department of
Valley Ozone Pesticide
Nonattainment Regulation on
Area. May 23, 2013.
Submitted on
February 4,
2015.
6884........................... San Joaquin 11/1/2013 9/20/2016, 81 FR 64350 Adopted by the
Valley Ozone California
Nonattainment Department of
Area Use Pesticide
Prohibitions. Regulation on
May 23, 2013.
Submitted on
February 4,
2015.
6886........................... Dealer 11/1/2013 9/20/2016, 81 FR 64350 Adopted by the
Responsibilities California
for the San Department of
Joaquin Valley Pesticide
Ozone Regulation on
Nonattainment May 23, 2013.
Area. Submitted on
February 4,
2015.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control
Devices), Article 1 (General Provisions)
----------------------------------------------------------------------------------------------------------------
1900(b)(11) through (b)(17).... Definitions...... 11/22/1999 81 FR 39424, 6/16/2016 Definitions of
``motorcycle
engine,''
``passenger
car,''
``recall,''
``replacement
part,''
``subgroup,''
and ``reactivity
adjustment
factor.''
1900(b)(9) and (b)(22)......... Definitions...... 8/7/2012 81 FR 39424, 6/16/2016 Definitions of
``intermediate
volume
manufacturer''
and ``small
volume
manufacturer.''
1900(b)(22).................... Definitions...... 12/31/2012 81 FR 39424, 6/16/2016 Definition of
``small volume
manufacturer.''
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control
Devices); Article 2 (Approval of Motor Vehicle Pollution Control Devices (New Vehicles))
----------------------------------------------------------------------------------------------------------------
1956.8(a)(2), (a)(5), (b), and Exhaust Emissions 11/17/2002 81 FR 39424, 6/16/2016 Exhaust emissions
(h). Standards and standards for
Test Procedures-- new 2004 and
1985 and subsequent model
Subsequent Model heavy-duty
Heavy-Duty diesel engines,
Engines and heavy-duty
Vehicles. natural gas-
fueled and LPG-
fueled engines
derived from
diesel-cycle
engines;
crankcase
emissions
requirements;
test procedures.
1956.8(b), (c)(1)(B), (d), and Exhaust Emissions 12/4/2003 81 FR 39424, 6/16/2016 Test procedures;
(h)(2) (footnotes J and K). Standards and exhaust
Test Procedures-- emissions
1985 and standards for
Subsequent Model new 2005 and
Heavy-Duty subsequent model
Engines and HD OC engines.
Vehicles.
1956.8(a)(2)(A), (a)(6), and Exhaust Emissions 11/15/2006 81 FR 39424, 6/16/2016 Heavy-duty diesel
(b). Standards and engine idling
Test Procedures-- requirements;
1985 and test procedures.
Subsequent Model
Heavy-Duty
Engines and
Vehicles.
1956.8......................... Exhaust Emissions 12/31/2008 5/12/2010, 75 FR 26653 Submitted on
Standards and February 3,
Test Procedures-- 2009. See 40 CFR
1985 and 52.220(c)(376)(i
Subsequent Model )(A)(1).
Heavy-Duty
Engines and
Vehicles.
[[Page 520]]
1956.8(b), (c)(1)(B), (c)(3), Exhaust Emissions 8/7/2012 81 FR 39424, 6/16/2016 Test procedures;
(d), (h)(2), and (h)(5). Standards and exhaust
Test Procedures-- emissions
1985 and standard for new
Subsequent Model 2005 and
Heavy-Duty subsequent model
Engines and HD OC engines;
Vehicles. 1992 and
subsequent model
diesel engines
used in MD low-
emissions
vehicles.
1956.8(b), (c)(1)(A)(3), (d), Exhaust Emissions 12/31/2012 81 FR 39424, 6/16/2016 Test procedures;
and (h)(5). Standards and exhaust
Test Procedures-- emissions
1985 and standard for new
Subsequent Model 2005 and
Heavy-Duty subsequent model
Engines and HD OC engines;
Vehicles. 1992 and
subsequent model
diesel engines
used in MD low-
emissions
vehicles.
1956.8(b)...................... Exhaust Emissions 12/22/2011 83 FR 23232, 5/18/2018 Updates certain
Standards and test procedures.
Test Procedures--
1985 and
Subsequent Model
Heavy-Duty
Engines and
Vehicles.
1958(a) (excluding (a)(1)), Exhaust Emissions 11/22/1999 81 FR 39424, 6/16/2016 Exhaust emissions
(b)(1), (b)(2), (f), (g), and Standards and standards for HC
(h). Test Procedures-- + NOX and for
Motorcycles and CO; different
Motorcycle standards
Engines established for
Manufactured on different sizes
or after January and for
1, 1978. different models
years;
provisions for
small volume
manufacturers
and for early-
compliance
credits; sunset
review. Excluded
subsection
relates to an
exclusion for
motorcycles or
motorcycle
engines where
the engine
displacement is
less than 50
cubic
centimeters.
1960.1......................... Exhaust Emissions 3/26/2004 5/12/2010, 75 FR 26653 Submitted on
Standards and February 3,
Test Procedures-- 2009. See 40 CFR
1981 through 52.220(c)(376)(i
2006 Model )(A)(1).
Passenger Cars,
Light-Duty and
Medium-Duty
Vehicles.
1960.1(r)...................... Exhaust Emission 8/7/2012 81 FR 39424, 6/16/2016 4,000-mile
Standards and Supplement FTP
Test Procedures-- Emission
1981 through Standards for
2006 Model LEV, ULEV, and
Passenger Cars, SULEV in the PC,
Light Duty LDT, and MDVs.
Trucks, and
Medium Duty
Vehicles.
1960.1(r)...................... Exhaust Emission 12/31/2012 81 FR 39424, 6/16/2016 4,000-mile
Standards and Supplement FTP
Test Procedures-- Emission
1981 through Standards for
2006 Model LEV, ULEV, and
Passenger Cars, SULEV in the PC,
Light Duty LDT, and MDVs.
Trucks, and
Medium Duty
Vehicles.
1961, including Introduction, Exhaust Emission 12/4/2003 81 FR 39424, 6/16/2016 50 [deg]F Exhaust
(a)(4), (a)(8), (a)(12), Standards and emissions
(a)(15); (b)(3)(B), (b)(3)(C), Test Procedures-- standards,
(b)(3)(D), (b)(3)(E); (d); and 2004 and requirements for
(e). Subsequent Model vehicles
Passenger Cars, certified to the
Light-Duty optional 150,000
Trucks, and mile standards,
Medium-Duty NMOG credit
Vehicles. provisions, fuel-
fired heater
provisions,
phase-in
requirements for
MDV
manufacturers;
test procedures.
[[Page 521]]
1961(d)........................ Exhaust Emission 2/17/2007 81 FR 39424, 6/16/2016 Test procedures.
Standards and
Test Procedures--
2004 and
Subsequent Model
Passenger Cars,
Light-Duty
Trucks, and
Medium-Duty
Vehicles.
1961........................... Exhaust Emissions 6/16/2008 5/12/2010, 75 FR 26653 Submitted on
Standards and February 3,
Test Procedures-- 2009. See 40 CFR
2004 and 52.220(c)(376)(i
Subsequent Model )(A)(1).
Passenger Cars,
Light-Duty and
Medium-Duty
Vehicles.
1961, including Introduction, Exhaust Emission 8/7/2012 81 FR 39424, 6/16/2016 ``LEV III''
(a)(1), (a)(3), (a)(4), Standards and exhaust emission
(a)(5), (a)(7), (a)(8)(B), Test Procedures-- standards for
(a)(14)(A); (b)(1)(A), 2004 through 2004 through
(b)(1)(B)(1.)(c.), 2019 Model 2019 model PC,
(b)(1)(B)(3.), (b)(1)(C)(1.), Passenger Cars, LDT, and MDV;
(b)(1)(D), (b)(3)(A), Light-Duty test procedures.
(b)(3)(B), (b)(3)(C), Trucks, and
(b)(3)(E); (c)(1), (c)(2)(A), Medium-Duty
(c)(3)(A), (d). Vehicles.
1961, including Introduction, Exhaust Emission 12/31/2012 81 FR 39424, 6/16/2016 ``LEV III''
(a)(1), (b)(1)(A), (d). Standards and exhaust emission
Test Procedures-- standards for
2004 through 2004 through
2019 Model 2019 model PC,
Passenger Cars, LDT, and MDV;
Light-Duty test procedures.
Trucks, and
Medium-Duty
Vehicles.
1961.2......................... Exhaust Emission 8/7/2012 81 FR 39424, 6/16/2016 ``LEV III''
Standards and exhaust emission
Test Procedures-- standards for
2015 and 2015 and
Subsequent Model subsequent model
Passenger Cars, year PC, LDT,
Light-Duty and MDV.
Trucks, and
Medium-Duty
Vehicles.
1961.2, including Introduction, Exhaust Emission 12/31/2012 81 FR 39424, 6/16/2016 ``LEV III''
(a)(1), (a)(2)(A), (a)(2)(D), Standards and exhaust emission
(a)(7)(A), (a)(7)(A)(2.) Test Procedures-- standards for
(through equation 2), (A)(9), 2015 and 2015 and
(b)(1)(A), (b)(1)(A)(2.), Subsequent Model subsequent model
(b)(1)(D), (b)(4)(A), Passenger Cars, year PC, LDT,
(c)(1)(B), (c)(3)(B), and (d). Light-Duty and MDV.
Trucks, and
Medium-Duty
Vehicles.
1962.1......................... Zero-Emission 8/7/2012 81 FR 39424, 6/16/2016 ZEV standards,
Vehicle percentage ZEV
Standards for requirements,
2009 through PZEV provisions,
2017 Model Year qualification
Passenger Cars, for ZEV
Light-Duty multipliers and
Trucks, and credits,
Medium-Duty generation and
Vehicles. use of credits,
calculation of
penalties, test
procedures.
1962.1(b)(2)(D)(1) and (2), Zero-Emission 12/31/2012 81 FR 39424, 6/16/2016 ZEV requirements
(c)(3)(A), and (h)(1). Vehicle for large volume
Standards for manufacturers in
2009 through model years 2012
2017 Model Year through 2017 and
Passenger Cars, PZEV allowances;
Light-Duty test procedures,
Trucks, and ZEV-specific
Medium-Duty definitions.
Vehicles.
[[Page 522]]
1962.2, excluding (g)(6)(C).... Zero-Emission 8/7/2012 81 FR 39424, 6/16/2016 ZEV standards,
Vehicle percentage ZEV
Standards for requirements,
2018 and TZEV provisions,
Subsequent Model qualification of
Year Passenger ZEV credits,
Cars, Light-Duty generation and
Trucks, and use of credits,
Medium-Duty test procedures,
Vehicles. ZEV-specific
definitions;
excluded
provision
relates to GHG-
ZEV over
compliance
credits.
1962.2(c)(2)(B), (c)(3)(A), Zero-Emission 12/31/2012 81 FR 39424, 6/16/2016 Certain ZEV
(c)(3)(A)(1.), (h)(1). Vehicle requirements in
Standards for model years 2018
2018 and and subsequent
Subsequent Model model years
Year Passenger including
Cars, Light-Duty evaporative
Trucks, and emission
Medium-Duty standards for
Vehicles. TZEVs, TZEV
allowances, and
test procedures.
1962.3......................... Electric Vehicle 8/7/2012 81 FR 39424, 6/16/2016 Applicability,
Charging definitions,
Requirements. requirements,
alternatives.
1965........................... Emission Control 11/22/1999 81 FR 39424, 6/16/2016 Emission control
and Smog Index label
Labels--1979 and requirements.
Subsequent Model-
Year Motor
Vehicles.
1965........................... Emission Control 12/4/2003 81 FR 39424, 6/16/2016 Emission control
and Smog Index label
Labels--1979 and requirements.
Subsequent Model-
Year Motor
Vehicles.
1965........................... Emission Control, 8/7/2012 81 FR 39424, 6/16/2016 Emission control
Smog Index, and label
Environmental requirements.
Performance
Labels--1979 and
Subsequent Model-
Year Motor
Vehicles.
1968.2(a), (c) (excluding Malfunction and 7/31/2013 82 FR 14446, 3/21/2017 Provisions relate
``emission standard,'' Diagnostic to On-Board
``evaporative emission System Diagnostic
standards,'' and ``exhaust Requirements--20 systems
emission standards'' or 04 and requirements
``tailpipe emission Subsequent Model- (OBD II).
standards''), (d)(3), (d)(4), Year Passenger
(e)(6), (e)(15), (f)(1)-(f)(9, Cars, Light-Duty
(f)(12), (f)(13), (f)(15), Trucks, and
(f)(17), (h)(4), (i)(1), Medium-Duty
(i)(2), and (j)(2). Vehicles and
Engines.
1968.5(a)(3) (excluding Enforcement of 7/31/2013 82 FR 14446, 3/21/2017 Provisions
``nonconforming OBD II Malfunction and related to
system''), (b)(3), (b)(6), and Diagnostic enforcement of
(c)(3). System OBD II
Requirements for requirements.
2004 and
Subsequent Model-
Year Passenger
Cars, Light-Duty
Trucks, and
Medium-Duty
Vehicles and
Engines.
[[Page 523]]
1971.1, excluding the following On-Board 7/31/2013 82 FR 14446, 3/21/2017 Amends emission
definitions: ``emission Diagnostic standards and
standard,'' ``evaporative System other
emission standards,'' and Requirements--20 requirements for
``exhaust emission standards'' 10 and On-Board
or ``tailpipe emission Subsequent Model- Diagnostic OBD
standards''). Year Heavy-Duty (OBD) systems
Engines. for heavy-duty
vehicles.
1971.5......................... Enforcement of 6/17/2010 81 FR 39424, 6/16/2016 Establishes
Malfunction and enforcement
Diagnostic protocol for use
System by CARB to
Requirements for assure the
2010 and engines
Subsequent Model- certified for
Year Heavy-Duty sale in
Engines. California are
equipped with
OBD systems that
properly
function and
meet the
applicable
regulatory
requirements.
1971.5(a)(3) (excluding Enforcement of 7/31/2013 82 FR 14446, 3/21/2017 Amends certain
amendments to the existing Malfunction and enforcement-
definition for ``nonconforming Diagnostic related
OBD system''), (b)(3), (b)(6) System provisions for
and (d)(3). Requirements for the OBD systems
2010 and requirements for
Subsequent Model- heavy-duty
Year Heavy-Duty vehicles.
Engines.
1976(c)........................ Standards and 2/17/2007 81 FR 39424, 6/16/2016 Test procedures.
Test Procedures
for Motor
Vehicle Fuel
Evaporative
Emissions.
1976(b)(1), (c), (f)(3) and Standards and 8/7/2012 81 FR 39424, 6/16/2016 Fuel evaporative
(f)(4). Test Procedures emission
for Motor standards; test
Vehicle Fuel procedures;
Evaporative definitions.
Emissions.
1976(b)(1), (b)(1)(G)(3), (c).. Standards and 12/31/2012 81 FR 39424, 6/16/2016 Fuel evaporative
Test Procedures emission
for Motor standards; test
Vehicle Fuel procedures;
Evaporative definitions.
Emissions.
1978(a)(1), (b)................ Standards and 12/4/2003 81 FR 39424, 6/16/2016 Standards for
Test Procedures vehicle
for Vehicle refueling for
Refueling 1998 and
Emissions. subsequent model
passenger cars,
LDT, and MDV
less than 8,501
pounds.
1978(b)........................ Standards and 2/17/2007 81 FR 39424, 6/16/2016 Test procedures.
Test Procedures
for Vehicle
Refueling
Emissions.
1978........................... Standards and 8/7/2012 81 FR 39424, 6/16/2016 Refueling
Test Procedures emissions
for Vehicle standards for
Refueling 1998 and
Emissions. subsequent model
gasoline-fueled,
alcohol-fueled,
diesel-fueled,
LPG-fueled, fuel-
flexible and
hybrid electric
PC, LDT, and MDV
up to 8,501
pounds, and
similarly-fueled
2015 and
subsequent year
MDV from 8,501
pounds to 14,000
pounds.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control
Devices); Article 4.5
----------------------------------------------------------------------------------------------------------------
2025........................... Regulation to 12/14/2011 4/4/2012, 77 FR 20308 The State of
Reduce Emissions California
of Diesel Office of
Particulate Administrative
Matter, Oxides Law's
of Nitrogen and corresponding
Other Criteria Notice of
Pollutants, from Approval of
in-Use Heavy- Regulatory
Duty Diesel- Action is dated
Fueled Vehicles. December 14,
2011. Submitted
on December 15,
2011. See 40 CFR
52.220(c)(410)(i
)(A)(2).
[[Page 524]]
2027........................... In-Use on-Road 11/9/2011 4/4/2012, 77 FR 20308 The State of
Diesel-Fueled California
Heavy-Duty Office of
Drayage Trucks. Administrative
Law's
corresponding
Notice of
Approval of
Regulatory
Action is dated
November 9,
2011. Submitted
on December 9,
2011. See 40 CFR
52.220(c)(409)(i
)(A)(2).
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 1 (Motor Vehicle Pollution Control
Devices), Article 6 (Emission Control Warranty System)
----------------------------------------------------------------------------------------------------------------
2037(g)........................ Defects Warranty 8/7/2012 81 FR 39424, 6/16/2016 Reporting
Requirements for requirements.
1990 and
Subsequent Model
Passenger Cars,
Light-Duty
Trucks, Medium-
Duty Vehicles,
and Motor
Vehicle Engines
Used in Such
Vehicles.
2038(c)(3)..................... Performance 8/7/2012 81 FR 39424, 6/16/2016 Reporting
Warranty requirements.
Requirements for
1990 and
Subsequent Model
Passenger Cars,
Light-Duty
Trucks, and
Medium-Duty
Vehicles, and
Motor Vehicle
Engines Used in
Such Vehicles.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission
Standards and Surveillance Testing), Article 1 (Assembly-Line Testing)
----------------------------------------------------------------------------------------------------------------
2062........................... Assembly-Line 8/7/2012 81 FR 39424, 6/16/2016 Assembly-line
Procedures--1998 test procedures.
and Subsequent
Model Years.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission
Standards and Surveillance Testing), Article 2.1 (Procedures for In-Use Vehicle Voluntary and Influenced
Recalls)
----------------------------------------------------------------------------------------------------------------
2111(a)(1)..................... Applicability.... 8/15/2007 81 FR 39424, 6/16/2016 Procedures apply
to California-
certified 1982
and subsequent
model-year
passenger cars,
light-duty
trucks, medium-
duty vehicles,
heavy-duty
vehicles,
motorcycles, and
1997 and
subsequent model-
year off-road
motorcycles and
all-terrain
vehicles, and
2007 and
subsequent model-
year off-road
sport vehicles,
off-road utility
vehicles, and
sand cars.
2111(a)(4)..................... Applicability.... 8/16/2009 81 FR 39424, 6/16/2016 Procedures apply
to certain
California-
certified 2008
model year spark-
ignition
sterndrive/
inboard marine
engines with
maximum rated
power less than
or equal to 373
kilowatts, and
all California-
certified 2009
and subsequent
model-year spark-
ignition
sterndrive/
inboard marine
engines.
[[Page 525]]
2112(l)(12).................... Definitions...... 8/15/2007 81 FR 39424, 6/16/2016 Definition of
``useful life''
for 1997 and
subsequent model
year off-road
motorcycles, all-
terrain
vehicles, and
for 2007 and
subsequent model
year off-road
sport vehicles,
off-road utility
vehicles, sand
cars, and
engines used in
such vehicles.
2112(l)(20), (l)(23)........... Definitions...... 8/16/2009 81 FR 39424, 6/16/2016 Definition of
``useful life''
for certain
types of
vehicles.
2112(b), (l)(9), (l)(18)....... Definitions...... 8/7/2012 81 FR 39424, 6/16/2016 Definition of
``correlation
factor,'' and
definition of
``useful life''
for certain
types of
vehicles.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission
Standards and Surveillance Testing), Article 2.3 (In-Use Vehicle Enforcement Test Procedures)
----------------------------------------------------------------------------------------------------------------
2139(h)........................ Testing.......... 8/16/2009 81 FR 39424, 6/16/2016 Specifies in-use
compliance tests
for spark-
ignition
sterndrive/
inboard marine
engines.
2139(a), (b), (c)(2)........... Testing.......... 8/7/2012 81 FR 39424, 6/16/2016 Specifies in-use
vehicle emission
tests by CARB
after vehicles
have been
accepted and
restorative
maintenance, if
any, has been
performed.
2140(b)........................ Notification and 8/7/2012 81 FR 39424, 6/16/2016 Notification and
Use of Test use requirements
Results. once the in-use
emission tests
have been
completed.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 2 (Enforcement of Vehicle Emission
Standards and Surveillance Testing), Article 2.4 (Procedures for Reporting Failures of Emission-Related
Components)
----------------------------------------------------------------------------------------------------------------
2145(b)(3)..................... Field Information 8/7/2012 81 FR 39424, 6/16/2016 Reporting
Report. requirements.
2147(b)........................ Demonstration of 8/16/2009 81 FR 39424, 6/16/2016 Applies the
Compliance with requirements to
Emissions sterndrive/
Standards. inboard marine
engines.
2147(b)(3)..................... Demonstration of 8/7/2012 81 FR 39424, 6/16/2016 Testing
Compliance with requirements and
Emissions selection of
Standards. deterioration
factors.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 4.4 (Specifications for Fill Pipes and
Openings of Motor Vehicle Fuel Tanks)
----------------------------------------------------------------------------------------------------------------
2235........................... Requirements..... 8/7/2012 81 FR 39424, 6/16/2016 Requirements for
1977 and
subsequent model
gasoline-fueled
motor vehicles
with respect to
fill pipes and
openings.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5 (Standards for Motor Vehicle Fuels);
Article 1 (Standards for Gasoline)
----------------------------------------------------------------------------------------------------------------
2250........................... Degree of 12/16/1992 8/21/1995, 60 FR 43379 Submitted on
Unsaturation for November 15,
Gasolines Sold 1994. See 40 CFR
Before April 1, 52.220(c)(204)(i
1996. )(A)(3).
2252........................... Sulfur Content of 8/11/1991 8/21/1995, 60 FR 43379 Submitted on
Gasoline November 15,
Represented as 1994. See 40 CFR
Unleaded Sold 52.220(c)(204)(i
Before April 1, )(A)(3).
1996.
2253.4......................... Lead in Gasoline. 8/12/1991 5/12/2010, 75 FR 26653 Submitted on June
15, 2004. See 40
CFR
52.220(c)(374)(i
)(A)(1).
2254........................... Manganese 8/12/1991 5/12/2010, 75 FR 26653 Submitted on June
Additive Content. 15, 2004. See 40
CFR
52.220(c)(374)(i
)(A)(1).
[[Page 526]]
2257........................... Required 7/16/1999 5/12/2010, 75 FR 26653 Submitted on June
Additives in 15, 2004. See 40
Gasoline. CFR
52.220(c)(374)(i
)(A)(1).
2259........................... Exemptions for 2/15/1995 5/12/2010, 75 FR 26653 Submitted on June
Motor Vehicle 15, 2004. See 40
Fuels Used in CFR
Test Programs. 52.220(c)(374)(i
)(A)(1).
2260........................... Definitions...... 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
February 3,
2009. See 40 CFR
52.220(c)(375)(i
)(A)(1).
2261........................... Applicability of 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Standards; February 3,
Additional 2009. See 40 CFR
Standards. 52.220(c)(375)(i
)(A)(1).
2262........................... The California 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Reformulated February 3,
Gasoline Phase 2 2009. See 40 CFR
and Phase 3 52.220(c)(375)(i
Standards. )(A)(1).
2262.3......................... Compliance with 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
the CaRFP Phase February 3,
2 and CaRFG 2009. See 40 CFR
Phase 2 52.220(c)(375)(i
Standards for )(A)(1).
Sulfur, Benzene,
Aromatic
Hydrocarbons,
Olefins, T50 and
T90.
2262.4......................... Compliance with 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
the CaRFP Phase February 3,
2 and CaRFG 2009. See 40 CFR
Phase 2 52.220(c)(375)(i
Standards for )(A)(1).
Reid Vapor
Pressure.
2262.5......................... Compliance with 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
the Standards February 3,
for Oxygen 2009. See 40 CFR
Content. 52.220(c)(375)(i
)(A)(1).
2262.6......................... Prohibition of 4/9/2005 5/12/2010, 75 FR 26653 Submitted on
MTBE and February 3,
Oxygenates Other 2009. See 40 CFR
Than Ethanol in 52.220(c)(375)(i
California )(A)(1).
Gasoline
Starting
December 31,
2003.
2262.9......................... Requirements 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Regarding February 3,
Denatured 2009. See 40 CFR
Ethanol Intended 52.220(c)(375)(i
for Use as a )(A)(1).
Blend Component
in California
Gasoline.
2263........................... Sampling 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Procedures and February 3,
Test Methods. 2009. See 40 CFR
52.220(c)(375)(i
)(A)(1).
2263.7......................... Multiple 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Notification February 3,
Requirements. 2009. See 40 CFR
52.220(c)(375)(i
)(A)(1).
2264........................... Designated 8/20/2001 5/12/2010, 75 FR 26653 Submitted on
Alternative February 3,
Limits. 2009. See 40 CFR
52.220(c)(375)(i
)(A)(1).
2264.2......................... Election of 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Applicable Limit February 3,
for Gasoline 2009. See 40 CFR
Supplied From a 52.220(c)(375)(i
Production or )(A)(1).
Import Facility.
2265........................... Gasoline Subject 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
to PM February 3,
Alternative 2009. See 40 CFR
Specifications 52.220(c)(375)(i
Based on the )(A)(1).
California
Predictive Model.
2265.1......................... Offsetting 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Emissions February 3,
Associated with 2009. See 40 CFR
Higher Sulfur 52.220(c)(375)(i
Levels. )(A)(1).
[[Page 527]]
2265.5......................... Alternative 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Emission February 3,
Reduction Plan 2009. See 40 CFR
(AERP). 52.220(c)(375)(i
)(A)(1).
2266........................... Certified 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Gasoline February 3,
Formulations 2009. See 40 CFR
Resulting in 52.220(c)(375)(i
Equivalent )(A)(1).
Emission
Reductions Based
on Motor Vehicle
Emission Testing.
2266.5......................... Requirements 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Pertaining to February 3,
California 2009. See 40 CFR
Reformulated 52.220(c)(375)(i
Gasoline )(A)(1).
Blendstock for
Oxygen Blending
(CARBOB) and
Downstream
Blending.
2267........................... Exemptions for 9/2/2000 5/12/2010, 75 FR 26653 Submitted on June
Gasoline Used in 15, 2004. See 40
Test Programs. CFR
52.220(c)(374)(i
)(A)(1).
2268........................... Liability of 9/2/2000 5/12/2010, 75 FR 26653 Submitted on June
Persons Who 15, 2004. See 40
Commit CFR
Violations 52.220(c)(374)(i
Involving )(A)(1).
Gasoline That
has Not Yet Been
Sold or Supplied
to a Motor
Vehicle.
2269........................... Submittal of 12/24/2002 5/12/2010, 75 FR 26653 Submitted on June
Compliance Plans. 15, 2004. See 40
CFR
52.220(c)(374)(i
)(A)(1).
2270........................... Testing and 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Recordkeeping. February 3,
2009. See 40 CFR
52.220(c)(375)(i
)(A)(1).
2271........................... Variances........ 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
February 3,
2009. See 40 CFR
52.220(c)(375)(i
)(A)(1).
2272........................... CaRFP Phase 3 5/1/2003 5/12/2010, 75 FR 26653 Submitted on June
Standards for 15, 2004. See 40
Qualifying Small CFR
Refiners. 52.220(c)(374)(i
)(A)(1).
2273........................... Labeling of 8/29/2008 5/12/2010, 75 FR 26653 Submitted on
Equipment February 3,
Dispensing 2009. See 40 CFR
Gasoline 52.220(c)(375)(i
Containing MTBE. )(A)(1).
2273.5......................... Documentation 5/1/2003 5/12/2010, 75 FR 26653 Submitted on June
Provided with 15, 2004. See 40
Delivery of CFR
Gasoline to 52.220(c)(374)(i
Retail Outlets. )(A)(1).
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5 (Standards for Motor Vehicle Fuels);
Article 2 (Standards for Diesel Fuel)
----------------------------------------------------------------------------------------------------------------
2281........................... Sulfur Content of 8/4/2005 5/12/2010, 75 FR 26653 Submitted on
Diesel Fuel. February 3,
2009. See 40 CFR
52.220(c)(376)(i
)(A)(1).
2282........................... Aromatic 8/4/2005 5/12/2010, 75 FR 26653 Submitted on
Hydrocarbon February 3,
Content of 2009. See 40 CFR
Diesel Fuel. 52.220(c)(376)(i
)(A)(1).
2284........................... Lubricity of 8/4/2005 5/12/2010, 75 FR 26653 Submitted on
Diesel Fuel. February 3,
2009. See 40 CFR
52.220(c)(376)(i
)(A)(1).
2285........................... Exemption from 8/14/2004 5/12/2010, 75 FR 26653 Submitted on
Diesel Fuel February 3,
Requirements for 2009. See 40 CFR
Military 52.220(c)(376)(i
Specification )(A)(1).
Fuels Used in
Qualifying
Military
Vehicles.
----------------------------------------------------------------------------------------------------------------
[[Page 528]]
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5 (Standards for Motor Vehicle Fuels);
Article 4 (Sampling and Test Procedures)
----------------------------------------------------------------------------------------------------------------
2296........................... Motor Fuel 10/14/1992 8/21/1995, 60 FR 43379 Submitted on
Sampling November 15,
Procedures. 1994. See 40 CFR
52.220(c)(204)(i
)(A)(3).
2297........................... Test Method for 9/17/1991 8/21/1995, 60 FR 43379 Submitted on
the November 15,
Determination of 1994. See 40 CFR
the Reid Vapor 52.220(c)(204)(i
Pressure )(A)(3).
Equivalent Using
an Automated
Vapor Pressure
Test Instrument.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 5.1 (Standards for Fuels for Nonvehicular
Sources)
----------------------------------------------------------------------------------------------------------------
2299.3......................... Airborne Toxic 1/2/2009 81 FR 39424, 6/16/2016 Requires that any
Control Measure person who owns,
for Auxiliary operates,
Diesel Engines container
Operated on vessel,
Ocean-Going passenger
Vessels At-Berth vessel, or
in a California refrigerated
Port. cargo vessel
that visits a
California port
comply with
section 93118.3
relating to the
operation of
auxiliary diesel
engines on OGV
at-berth in a
California port.
Also applies to
any person who
owns or operates
a port or
terminal located
at a California
port where
container,
passenger or
refrigerated
cargo vessels
visit.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution
Control Devices), Article 1 (Small Off-Road Engines)
----------------------------------------------------------------------------------------------------------------
2401(a)(13), (36), (41) , (51), Definitions...... 5/5/2010 81 FR 39424, 6/16/2016 Definitions for
(52). ``eight-hour
workday,''
``professional
level,''
``standard
battery
package,''
``zero-emission
equipment
credits,'' and
``zero-emission
equipment engine
family.''
2403(b)(2), (b)(3), (b)(4), Exhaust Emission 5/5/2010 81 FR 39424, 6/16/2016 Low-emitting blue
(d), (e)(1). Standards and sky series
Test Procedures-- engine
Small Off-Road requirements,
Engines. evaporative
emission
requirements,
test procedures.
2403(b)(2)(B) and (d).......... Exhaust Emission 1/10/2013 82 FR 14446, 3/21/2017 Amends certain
Standards and certification
Test Procedures-- requirements and
Small Off-Road test procedures.
Engines.
2404(a)........................ Emission Control 11/15/2006 81 FR 39424, 6/16/2016 The requirements
Labels and in section 2404
Consumer recognize the
Information--199 certain emission-
5 and Later critical or
Small Off-Road emission-related
Engines. parts must be
properly
identified and
maintained in
order for
engines to meet
the applicable
emissions
standards and
that information
regarding
engines'
emissions levels
may influence
consumer choice.
2404(m)(1), (m)(2), (m)(3)..... Emission Control 5/5/2010 81 FR 39424, 6/16/2016 Zero-emission
Labels and equipment label
Consumer content and
Information--199 placement
5 and Later requirements.
Small Off-Road
Engines.
2404(c)(4)(A).................. Emission Control 1/10/2013 82 FR 14446, 3/21/2017 Amends the rule
Labels and to revise
Consumer certain engine
Information--199 label content
5 and Later requirements.
Small Off-Road
Engines.
[[Page 529]]
2405(b)(1), (b)(2), (h)(1), Defects Warranty 5/5/2010 81 FR 39424, 6/16/2016 Zero-emission
(h)(2). Requirements for equipment
1995 and Later warranty
Small Off-Road requirements.
Engines.
2406(b)(1), (b)(2)............. Emission Control 5/5/2010 81 FR 39424, 6/16/2016 Warranty contact
System Warranty requirement.
Statement.
2407(a)(7)..................... New Engine 1/10/2013 82 FR 14446, 3/21/2017 Specifies use of
Compliance and certain test
Production Line procedures.
Testing--New
Small Off-Road
Engine
Selection,
Evaluation, and
Enforcement
Action.
2408(b)(2), (d)(4), (f)(1), Emission 5/5/2010 81 FR 39424, 6/16/2016 Limits on use of
(f)(3), (f)(4), (f)(5), Reduction certification
(g)(1)(E), (i)(3), (i)(7). Credits--Certifi emission
cation credits, certain
Averaging, reporting
Banking, and requirements.
Trading
Provisions.
2408.1......................... Emission 5/5/2010 81 FR 39424, 6/16/2016 Applicability;
Reduction general
Credits--Zero- provisions;
Emission averaging,
Equipment banking, and
Credits trading
Averaging, provisions;
Banking, and credit
Trading calculation and
Provisions. compliance
provisions; use
of zero-emission
equipment
credit;
recordkeeping
and reporting.
2409(a), (b)(1), (b)(2), Emission 5/5/2010 81 FR 39424, 6/16/2016 Applicability;
(b)(5), (b)(6), (d)(3). Reduction general
Credits--Product provisions;
ion Credit certain banking
Program for New provisions.
Engines.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution
Control Devices), Article 3 (Off-Highway Recreational Vehicles and Engines)
----------------------------------------------------------------------------------------------------------------
2411(a)(1), (a)(13), (a)(17), Definitions...... 8/15/2007 81 FR 39424, 6/16/2016 Definitions for
(a)(18), (a)(19). ``all-terrain
vehicle,'' off-
highway
recreational
vehicle
engines,'' ``off-
road sport
vehicle,'' ``off-
road utility
vehicle,''
``sand car.''
2412........................... Emission 8/15/2007 81 FR 39424, 6/16/2016 Exhaust and
Standards and evaporative
Test Procedures-- emissions
New Off-Highway standards for
Recreational off-highway
Vehicles and recreational
Engines. vehicles and
engines used in
such vehicles
produced on or
after January 1,
1997 that are
sold, leased,
used, or
introduced into
commerce in
California; test
procedures.
2412(c) and (d)(1)............. Emission 1/10/2013 82 FR 14446, 3/21/2017 Updates
Standards and references to
Test Procedures-- test procedures.
New Off-Highway
Recreational
Vehicles and
Engines.
2413........................... Emission Control 8/15/2007 81 FR 39424, 6/16/2016 Provisions
Labels--New Off- related to
Highway applicability,
Recreational and label
Vehicles. content and
location.
2416........................... Applicability.... 4/1/2015 83 FR 23232, 5/18/2018 Sections 2416-
2419.4 establish
certain
evaporative
emission
standards for
off-highway
recreational
vehicles.
2417........................... Definitions...... 4/1/2015 83 FR 23232, 5/18/2018 Sections 2416-
2419.4 establish
certain
evaporative
emission
standards for
off-highway
recreational
vehicles.
2418........................... Evaporative 4/1/2015 83 FR 23232, 5/18/2018 Sections 2416-
Emission 2419.4 establish
Standards and certain
Test Procedures. evaporative
emission
standards for
off-highway
recreational
vehicles.
[[Page 530]]
2419........................... Evaporative 4/1/2015 83 FR 23232, 5/18/2018 Sections 2416-
Emission Control 2419.4 establish
Labels--New Off- certain
Highway evaporative
Recreational emission
Vehicles. standards for
off-highway
recreational
vehicles.
2419.1......................... Defect Warranty 4/1/2015 83 FR 23232, 5/18/2018 Sections 2416-
Requirements for 2419.4 establish
Evaporative certain
Emissions evaporative
Control Systems emission
of 2018 and standards for
Later Model Year off-highway
Off-Highway recreational
Recreational vehicles.
Vehicles.
2419.2......................... Evaporative 4/1/2015 83 FR 23232, 5/18/2018 Sections 2416-
Emissions 2419.4 establish
Control System certain
Warranty evaporative
Statement. emission
standards for
off-highway
recreational
vehicles.
2419.3......................... New Off-Highway 4/1/2015 83 FR 23232, 5/18/2018 Sections 2416-
Recreational 2419.4 establish
Vehicle certain
Evaporative evaporative
Emission emission
Standards, standards for
Enforcement and off-highway
Recall recreational
Provisions, vehicles.
Warranty,
Quality Audit,
and New Engine
Testing.
2419.4......................... Evaporative 4/1/2015 83 FR 23232, 5/18/2018 Sections 2416-
Emissions 2419.4 establish
Control System certain
Testing and evaporative
Certification emission
Requirement. standards for
off-highway
recreational
vehicles.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution
Control Devices), Article 4 (Off-Road Compression-Ignition Engines and Equipment)
----------------------------------------------------------------------------------------------------------------
2420........................... Applicability.... 1/6/2006 81 FR 39424, 6/16/2016 Applies to new
heavy-duty off-
road CI engines
produced on or
after January 1,
1996 and all
other new 2000
model year and
later off-road
CI engines,
except those
covered by the
preemption
provisions in
CAA section
209(e)(1).
Certification
required for new
engines subject
to 13 CCR
chapter 9,
article 4.
2421........................... Definitions...... 1/6/2006 81 FR 39424, 6/16/2016 Defined terms in
addition to hose
in 13 CCR Sec.
1900(b).
2421(a)(1)-(a)(4), (a)(15), Definitions...... 1/10/2013 82 FR 14446, 3/21/2017 Amends and adds
(a)(19)-(a)(65). certain defined
terms.
2423........................... Exhaust Emission 1/6/2006 81 FR 39424, 6/16/2016 Exhaust emissions
Standards and standards (tiers
Test Procedures-- 1, 2, 3 and 4),
Off-Road upper limits for
Compression- family emission
Ignition Engines. limits (tiers 1,
2, 3 and 4), low-
emitting blue
sky series
engine
requirements,
crankcase
emissions
provisions,
early
certification
provisions,
prohibition on
defeat devices,
test procedures,
recordkeeping
and compliance
calculations,
economic
hardship
provisions,
allowance for
production of
engines,
labeling
requirements,
[[Page 531]]
2423(a), (b) (excluding Exhaust Emission 1/10/2013 82 FR 14446, 3/21/2017 Amends the rule
optional alternative NOX + Standards and to harmonize
NMHC standards and associated Test Procedures-- certain aspects
family emission limits), (c), Off-Road of the
(d), (e), (f), (g), (h), (j), Compression- California
(k), (l) and (m). Ignition Engines. emissions
requirements
with the
corresponding
federal
emissions
requirements.
2424........................... Emission Control 1/6/2006 81 FR 39424, 6/16/2016 Requirements on
Labels--1996 and manufacturers to
Later Off-Road affix a label on
Compression- each production
Ignition Engines. engine (or
equipment) to
provide the
engine or
equipment owner
and service
mechanic with
information
necessary for
the proper
maintenance of
these parts in
customer use.
2424(a)........................ Emission Control 11/15/2006 81 FR 39424, 6/16/2016 The requirements
Labels--1996 and of section 2424
Later Off-Road recognize that
Compression- certain
Ignition Engines. emissions-
critical or
emissions-
related parts
must be properly
identified and
maintained in
order for
engines to meet
the applicable
emissions
standards.
2424(a), (b), (c) and (l)...... Emission Control 1/10/2013 82 FR 14446, 3/21/2017 Amends the rule
Labels--1996 and to reflect
Later Off-Road updated test
Compression- procedures and
Ignition Engines. to add
provisions
prohibiting
altering or
removal of
emission control
information
labels except
under certain
circumstances.
2425........................... Defects Warranty 1/6/2006 81 FR 39424, 6/16/2016 Applies to new
Requirements for 1996-1999 model
1996 and Later year heavy-duty
Off-Road off-road CI
Compression- engines and new
Ignition Engines. 2000 and later
model year CI
engines.
2425(e)........................ Defects Warranty 11/15/2006 81 FR 39424, 6/16/2016 Requirement on
Requirements for manufacturers to
1996 and Later furnish with
Off-Road each new engine
Compression- written
Ignition Engines. instructions for
the maintenance
and use of the
engine by the
owner.
2425(a)........................ Defects Warranty 1/10/2013 82 FR 14446, 3/21/2017 Amends the rule
Requirements for to apply certain
1996 and Later federal warranty-
Off-Road related
Compression- requirements to
Ignition Engines. 2011 and later
model-year
compression-
ignition
engines.
2425.1......................... Defect 1/10/2013 82 FR 14446, 3/21/2017 Amends the rule
Investigation to reflect
and Reporting certain updated
Requirements. test procedures.
2426........................... Emission Control 1/6/2006 81 FR 39424, 6/16/2016 Requires
System Warranty manufacturers to
Statement. furnish a
specific
warranty
statements with
each 1996-1999
heavy-duty off-
road CI engine.
2426(a) and (b)................ Emission Control 1/10/2013 82 FR 14446, 3/21/2017 Amends an
System Warranty existing SIP
Statement. rule to make
changes
conforming to
the changes made
in 13 CCR Sec.
2423.
2427........................... Production Engine 1/6/2006 81 FR 39424, 6/16/2016 Compliance test
Testing, procedures,
Selection, quality-audit
Evaluation, and test procedures,
Enforcement selective
Action. enforcement
audit
requirements.
2427(c)........................ Production Engine 1/10/2013 82 FR 14446, 3/21/2017 Amends an
Testing, existing SIP
Selection, rule to reflect
Evaluation, and updated test
Enforcement procedures.
Action.
----------------------------------------------------------------------------------------------------------------
[[Page 532]]
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution
Control Devices), Article 4.5 (Off-Road Large Spark-Ignition Engines)
----------------------------------------------------------------------------------------------------------------
2430........................... Applicability.... 5/12/2007 81 FR 39424, 6/16/2016 Applies to LSI
off-road engines
25 horsepower or
greater after 1/
1/2001 and all
equipment and
vehicles after 1/
1/2001 that use
such engines. On
1/1/2007,
applicability
remains the same
but is defined
in terms of kW
(i.e., 19 kW and
above).
2431(a), (a)(19), (a)(28)...... Definitions...... 5/12/2007 81 FR 39424, 6/16/2016 Definitions of
``Family
Emission Level
or FEL'' and
``Off-Road Large
Spark-Ignition
Engines'' or
``LSI Engines.''
2433........................... Emission 5/12/2007 81 FR 39424, 6/16/2016 New off-road LSI
Standards and exhaust,
Test Procedures-- crankcase, and
Off-Road Large evaporative
Spark Ignition emission
Engines. standards and
test procedures.
2433(b)(1)(A), (b)(2), (b)(3), Emission 10/20/2009 82 FR 14446, 3/21/2017 Amends the rule
(b)(4), (b)(5), (c) and (d). Standards and creating two new
Test Procedures-- subcategories of
Off-Road Large LSI engines,
Spark Ignition establishing
Engines. exhaust and
evaporative
emissions
standards for
new 2011 and
subsequent model
year LSI engines
in each of these
new
subcategories,
and establishing
more stringent
exhaust
emissions
standards for
2015 and
subsequent model
year LSI engines
with engine
displacement
825cc <1.0 L.
2433(c) and (d)(1)............. Emission 1/10/2013 82 FR 14446, 3/21/2017 Amends the rule
Standards and to refer to
Test Procedures-- updated test
Off-Road Large procedures.
Spark Ignition
Engines.
2434(c)........................ Emission Control 5/12/2007 81 FR 39424, 6/16/2016 Label content and
Labels--2001 and location
Later Off-Road requirements.
Large Spark-
Ignition Engines.
2438(e)(7)..................... In-Use Compliance 5/12/2007 81 FR 39424, 6/16/2016 Credit
Program. calculation.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution
Control Devices), Article 4.7 (Spark-Ignition Marine Engines)
----------------------------------------------------------------------------------------------------------------
2440(a)(3)..................... Applicability.... 8/16/2009 81 FR 39424, 6/16/2016 Exemption for
spark-ignition
sterndrive/
inboard marine
engines used
solely for
competition.
2442(a)(1), (a)(2), (b), (c), Emissions 8/16/2009 81 FR 39424, 6/16/2016 Model year 2001
(d), (e), (f), (g), (h). Standards. and later model
year spark-
ignition
personal
watercraft and
outboard marine
engines; model
year 2003 and
later model year
spark-ignition
sterndrive/
inboard marine
engines; Not-to-
Exceed (NTE)
limits;
voluntary
standards; new
replacement
engine
requirements for
manufacturers;
test equipment
and test
procedures.
2443.1(b)(1), (c)(2)(B), Emission Control 8/16/2009 81 FR 39424, 6/16/2016 Requirements
(c)(4)(B), (c)(4)(D), Labels--Model related to
(c)(4)(G), (c)(4)(H), Year 2001 and emission control
(d)(4)(B). Later Spark- labels.
Ignition Marine
Engines.
[[Page 533]]
2443.2(b)(1), (c)(1), (c)(2), Consumer/ 8/16/2009 81 FR 39424, 6/16/2016 Label
(e). Environmental requirements for
Label certified model
Requirements. year 2001 and
later spark-
ignition
personal
watercraft and
outboard marine
engines and
certified model
year 2003 and
later spark-
ignition
sterndrive/
inboard engines.
2444.1(a), (b)(3)(B), In-Use Compliance 8/16/2009 81 FR 39424, 6/16/2016 Recordkeeping and
(b)(3)(E), (b)(3)(G), Testing and reporting
(e)(4)(A)(1. Through 10.), Recall requirements.
(e)(4)(B), (e)(4)(C)(1., 2., Regulations--Mod
and 3.). el Year 2001 and
Later Spark-
Ignition Marine
Engines.
2444.2......................... On-Board Engine 8/16/2009 81 FR 39424, 6/16/2016 General
Malfunction requirements;
Detection System monitoring
Requirements--Mo requirements;
del Year 2007 additional audio/
and Later Spark- visual alert
Ignition device
Sterndrive/ activation and
Inboard Marine diagnostic
Engines. trouble code
storage
protocol;
tampering
protection;
certification
documentation;
testing,
standardization,
and
implementation
schedule.
2445.1(a), (c)(1), (c)(2), Defects Warranty 8/16/2009 81 FR 39424, 6/16/2016 Warranty
(c)(3), (e)(10), (e)(11), Requirements for requirements.
(g)(2)(A). Model Year 2001
and Later Spark-
Ignition Marine
Engines.
2445.2(a)...................... Emission Control 8/16/2009 81 FR 39424, 6/16/2016 Emission control
Warranty warranty
Statements. statement
requirements.
2446(a), (b)(4)(B), (c)(1)(A), 2001 and Later 8/16/2009 81 FR 39424, 6/16/2016 Applicability
(c)(1)(B), (c)(2)(A), Model Year provision;
(c)(3)(D), (c)(3)(E), Production-Line certain quality-
(d)(3)(D), (d)(5), (e). Test Procedures audit line test
and Selective procedures for
Enforcement 2001 and later
Auditing model years;
Regulations for test procedures;
Spark-Ignition selective
Marine Engines. enforcement
auditing
regulations.
2447........................... California 1/10/2013 82 FR 14446, 3/21/2017 Specifies certain
Exhaust Emission test procedures.
Standards and
Test Procedures
for 2001 Model
Year and Later
Spark-Ignition
Marine Engines.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution
Control Devices), Article 4.8 (In-Use Off-Road Diesel-Fueled Fleets)
----------------------------------------------------------------------------------------------------------------
2449, excluding (d)(2)......... General 12/14/2011 81 FR 39424, 6/16/2016 Applicability,
Requirements for definitions,
In-Use Off-Road performance
Diesel-Fueled requirements
Fleets. (different
requirements
apply to large,
medium and small
fleets),
compliance date
extension
provision,
labeling
requirements,
reporting and
recordkeeping
requirements.
Excluded
subsection
relates to
idling limits.
2449.1......................... Performance 12/14/2011 81 FR 39424, 6/16/2016 Establishes fleet
Requirements. average
requirements and
compliance
dates, BACT
provisions,
credit
provisions.
[[Page 534]]
2449.2, excluding (f)(4)....... Surplus Off-Road 12/14/2011 81 FR 39424, 6/16/2016 Purpose is to
Opt-In for NOX achieve
(SOON) Program. additional
reductions of
NOX from in-use
off-road diesel-
fueled vehicles
beyond those
achieved through
implementation
of the
requirements in
13 CCR Sec.
Sec. 2449 and
2449.1.
Applicability,
definitions,
requirements,
SOON targets,
local air
district opt-in
provisions.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution
Control Devices), Article 5 (Portable Engine and Equipment Registration)
----------------------------------------------------------------------------------------------------------------
2451........................... Applicability.... 9/12/2007 81 FR 39424, 6/16/2016 Voluntary
registration
program for
owners or
portable engines
or equipment
units, with
certain
exceptions. If
not registered
under this
program, the
engine or
equipment units
shall be subject
to district
permitting
requirements
pursuant to
district
regulations.
2452........................... Definitions...... 9/12/2007 81 FR 39424, 6/16/2016 Definitions that
apply to the
portable engine
and equipment
registration
regulations.
2453........................... Application 9/12/2007 81 FR 39424, 6/16/2016 To be considered
Process. for
registration,
portable engines
or equipment
units must meet
the requirements
in article 5,
including the
application-
related
requirements in
this section.
2455, excluding (a) and (b).... General 9/12/2007 81 FR 39424, 6/16/2016 Provisions
Requirements. related to
operation of
portable engines
and equipment
units during
emergency
events; PSD
notification
requirements if
the registered
equipment unit
operates at a
major stationary
source. Excluded
subsections
relate to
attainment or
maintenance of
ambient air
quality
standards,
nuisance, and
opacity.
2456, excluding (a), (d)(3), Engine 9/12/2007 81 FR 39424, 6/16/2016 Various
(d)(5), and (d)(6). Requirements. requirements
specified for
different
categories of
engines.
Excluded
subsections
relate to
opacity limits,
fuel
specifications,
and daily and
annual mass (per
engine) limits.
2458........................... Recordkeeping and 9/12/2007 81 FR 39424, 6/16/2016 Recordkeeping and
Reporting. reporting
requirements for
owners of
registered
portable engines
and equipment
units.
2459........................... Notification..... 9/12/2007 81 FR 39424, 6/16/2016 In most
instances, if a
registered
equipment unit
will be at a
location for
more than five
days, the owner
or operator of
that equipment
must notify the
district in
writing.
2460........................... Inspections and 9/12/2007 81 FR 39424, 6/16/2016 Authorization for
Testing. CARB to conduct
testing both
before and after
registration in
the program.
Districts must
inspect all
register engines
and equipment
units for which
the district has
been designated
as the home
district. Test
methods are
specified.
[[Page 535]]
2461........................... Fees............. 9/12/2007 81 FR 39424, 6/16/2016 Provisions
establishing
fees for
registration,
renewal, and
associated
administrative
tasks.
2462........................... Duration of 9/12/2007 81 FR 39424, 6/16/2016 Registrations and
Registration. renewal are
generally valid
for three years
from the date of
issuance.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution
Control Devices), Article 7 (Certification Procedures for Aftermarket Parts for Off-Road Vehicles, Engines,
Equipment)
----------------------------------------------------------------------------------------------------------------
2474(e), (i)(1)................ Add-On Parts and 8/16/2009 81 FR 39424, 6/16/2016 Incorporation of
Modified Parts. procedures for
exemptions of
add-on and
modified parts
for off-road
categories.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 9 (Off-Road Vehicles and Engines Pollution
Control Devices), Article 8 (Off-Road Airborne Toxic Control Measures)
----------------------------------------------------------------------------------------------------------------
2477........................... Airborne Toxic 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Control Measure 2477.21
for In-Use establish
Diesel-Fueled emissions
Transport standards and
Refrigeration other
Units (TRU) and requirements
TRU Generator relating to the
Sets, and control of
Facilities Where emissions from
TRUs Operate. in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.1......................... Purpose.......... 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.2......................... Applicability.... 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.3......................... Exemptions....... 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.4......................... Definitions...... 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.5......................... Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Owners or Owner/ 2477.21
Operators. establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
[[Page 536]]
2477.6......................... Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Terminal 2477.21
Operators. establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.7......................... Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Drivers. 2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.8......................... Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Freight Brokers 2477.21
and Freight establish
Forwarders. emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.9......................... Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Motor Carriers. 2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.10........................ Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
California-Based 2477.21
Shippers. establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.11........................ Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
California-Based 2477.21
Receivers. establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.12........................ Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Lessors and 2477.21
Lessees. establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.13........................ Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
TRU and TRU Gen 2477.21
Set Original establish
Equipment emissions
Manufacturers. standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
[[Page 537]]
2477.14........................ Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
TRU, TRU Gen 2477.21
Set, and TRU- establish
Equipped Truck emissions
and Trailer standards and
Dealers. other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.15........................ Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Repair Shops 2477.21
Located in establish
California that emissions
Work on TRUs or standards and
TRU Gen Sets. other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.16........................ Requirements for 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Engine 2477.21
Rebuilders. establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.17........................ Facility 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Reporting. 2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.18........................ Prohibitions..... 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.19........................ Penalties........ 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.20........................ Authority to 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
Request 2477.21
Additional establish
Information. emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
2477.21........................ Severability..... 10/15/2012 83 FR 23232, 5/18/2018 Sections 2477-
2477.21
establish
emissions
standards and
other
requirements
relating to the
control of
emissions from
in-use diesel-
fueled transport
refrigeration
units (TRUs),
TRU generator
sets, and
facilities where
TRUs operate.
[[Page 538]]
2479, excluding (e)(2) and Regulation for 12/31/2006 81 FR 39424, 6/16/2016 Applies to any
(e)(4). Mobile Cargo person who
Handling conducts
Equipment at business in
Ports and California who
Intermodal Rail sells, offers
Yards. for sale,
leases, rents,
purchases, owns
or operates any
CI mobile cargo
handling
equipment that
operates at any
California port
or intermodal
rail yard.
Includes
exemptions,
definitions,
performance
standards for
newly purchased
leased or rented
yard trucks and
non-yard truck
cargo handling
equipment,
provisions for
compliance
extensions and
alternative
compliance
plans,
recordkeeping
and reporting
requirements,
test methods.
Excluded
subsections
relate to in-use
performance
standards for
yard trucks, and
fuel
requirements.
2479(a), (b), (c), (d), (e)(1), Regulation for 10/14/2012 81 FR 39424, 6/16/2016 Amendments to
(e)(3), (e)(5), (f)(1), Mobile Cargo exemptions,
(f)(2), (f)(3), (f)(6), Handling definitions,
(h)(1), (i), (j)(1), (j)(2), Equipment at performance
(j)(3), (k), (l), (m), (n), Ports and standards for
(o), (p), (q), (r). Intermodal Rail newly purchased
Yards. leased or rented
equipment and in-
use performance
standards for
non-yard truck
mobile CHE,
provisions for
compliance
extensions and
alternative
compliance
plans,
recordkeeping
and reporting
requirements,
test methods.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 10 (Mobile Source Operational Controls),
Article 1 (Motor Vehicles)
----------------------------------------------------------------------------------------------------------------
2485, excluding (c)(1)(A), Airborne Toxic 11/15/2006 81 FR 39424, 6/16/2016 Establishes
(c)(1)(B), (c)(3)(B). Control Measure requirements to
to Limit Diesel- reduce emissions
Fueled from idling of
Commercial Motor diesel-fueled
Vehicle Idling. commercial motor
vehicles that
operate in
California with
gross vehicle
weight ratings
greater than
10,000 pounds;
exceptions;
enforcement and
penalty
provisions;
definitions.
Excluded
subsections
relate to idling
restrictions on
drivers and a
fuel-fired
heater
provision.
2485, subsections (c)(1)(A), Airborne Toxic 11/15/2006 82 FR 61178, 12/27/2017 Submitted
(c)(1)(B) only. Control Measure December 9,
to Limit Diesel- 2011. Limits
Fueled diesel vehicle
Commercial Motor idling to 5
Vehicle Idling. minutes.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 14 (Verification Procedures, Warranty and
In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines)
----------------------------------------------------------------------------------------------------------------
2701........................... Definitions...... 1/1/2005 5/12/2010, 75 FR 26653 Submitted on
February 3,
2009. See 40 CFR
52.220(c)(376)(i
)(A)(1).
----------------------------------------------------------------------------------------------------------------
[[Page 539]]
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and
Engines Pollution Control Requirements), Article 2 (Large Spark Ignition (LSI) Engines Fleet Requirements)
----------------------------------------------------------------------------------------------------------------
2775........................... Applicability.... 12/14/2011 82 FR 14446, 3/21/2017 Applies to
operators of
certain off-road
LSI engine
forklifts,
sweepers/
scrubbers,
industrial tow
tractors or
airport ground
support
equipment
operated within
the State of
California.
Exemptions
provided for
small fleets and
certain other
equipment.
Includes
definitions.
2775.1......................... Standards........ 12/14/2011 82 FR 14446, 3/21/2017 Establishes fleet
average emission
level standards
with certain
exceptions.
2775.2......................... Compliance 12/14/2011 82 FR 14446, 3/21/2017 Compliance and
Requirements for recordkeeping
Fleet Operators. requirements,
provisions for
extensions in
compliance
dates.
----------------------------------------------------------------------------------------------------------------
Title 13 (Motor Vehicles), Division 3 (Air Resources Board), Chapter 15 (Additional Off-Road Vehicles and
Engines Pollution Control Requirements), Article 3 (Verification Procedure, Warranty, and In-Use Compliance
Requirements for Retrofits to Control Emissions from Off-Road Large Spark-Ignition Engines)
----------------------------------------------------------------------------------------------------------------
2783(d)(1)-(d)(4).............. Emissions 1/10/2013 82 FR 14446, 3/21/2017 Specifies test
Reduction fuels for
Testing emissions
Requirements. reduction
testing purposes
for gasoline-
fueled, off-
road, large
spark-ignition
engines.
2784(c)(1)-(c)(4).............. Durability 1/10/2013 82 FR 14446, 3/21/2017 Specifies test
Demonstration fuels for
Requirements. durability
demonstration
purposes for
gasoline-fueled,
off-road, large
spark-ignition
engines.
----------------------------------------------------------------------------------------------------------------
Title 16 (Professional and Vocational Regulations), Division 33 (Bureau of Automotive Repair), Chapter 1
(Automotive Repair Dealers and Official Stations and Adjusters); Article 1 (General Provisions)
----------------------------------------------------------------------------------------------------------------
3303.1......................... Public Access to 7/20/2007 7/1/2010, 75 FR 38023 Submitted on June
License, 5, 2009. See 40
Administrative CFR
Action, and 52.220(c)(372)(i
Complaint )(A)(1).
Information.
3303.2......................... Review of 7/9/2003 7/1/2010, 75 FR 38023 Submitted on June
Applications for 5, 2009. See 40
Licensure, CFR
Registration and 52.220(c)(372)(i
Certification; )(A)(1).
Processing Time.
----------------------------------------------------------------------------------------------------------------
Title 16 (Professional and Vocational Regulations), Division 33 (Bureau of Automotive Repair), Chapter 1
(Automotive Repair Dealers and Official Stations and Adjusters); Article 5.5 (Motor Vehicle Inspection Program)
----------------------------------------------------------------------------------------------------------------
3340.1......................... Definitions...... 6/29/2006 7/1/2010, 75 FR 38023 Submitted on June
5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3340.5......................... Vehicles Exempt 4/16/1990 1/8/1997, 62 FR 1150 Submitted on
from Inspections. January 22,
1996. See 40 CFR
52.220(c)(234)(i
)(A)(1)(iv).
3340.6......................... Vehicles Subject 4/16/1990 1/8/1997, 62 FR 1150 Submitted on
to Inspection January 22,
upon Change of 1996. See 40 CFR
Ownership and 52.220(c)(234)(i
Initial )(A)(1)(iv).
Registration in
California.
3340.7......................... Fee for 8/17/1995 7/1/2010, 75 FR 38023 Submitted on June
Inspection at 5, 2009. See 40
State Contracted CFR
Test-Only 52.220(c)(372)(i
Facility. )(A)(1).
3340.9......................... Repair Assistance 10/30/2000 7/1/2010, 75 FR 38023 Submitted on June
Program. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3340.10........................ Licensing of Smog 7/26/1996 7/1/2010, 75 FR 38023 Submitted on June
Check Stations. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
[[Page 540]]
3340.15........................ General 7/9/2003 7/1/2010, 75 FR 38023 Submitted on June
Requirements for 5, 2009. See 40
Smog Check CFR
Stations. 52.220(c)(372)(i
)(A)(1).
3340.16........................ Test-Only Station 8/1/2007 7/1/2010, 75 FR 38023 Submitted on June
Requirements. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3340.16.5...................... Test-and-Repair 6/29/2006 7/1/2010, 75 FR 38023 Submitted on June
Station 5, 2009. See 40
Requirements. CFR
52.220(c)(372)(i
)(A)(1).
3340.17........................ Test Equipment, 6/29/2006 7/1/2010, 75 FR 38023 Submitted on June
Electronic 5, 2009. See 40
Transmission, CFR
Maintenance and 52.220(c)(372)(i
Calibration )(A)(1).
Requirements.
3340.18........................ Gases and 7/9/2003 7/1/2010, 75 FR 38023 Submitted on June
Blenders of 5, 2009. See 40
Gases. CFR
52.220(c)(372)(i
)(A)(1).
3340.22........................ Smog Check 4/16/1990 1/8/1997, 62 FR 1150 Submitted on
Station Signs. January 22,
1996. See 40 CFR
52.220(c)(234)(i
)(A)(1)(iv).
3340.22.1...................... Smog Check 2/1/2001 7/1/2010, 75 FR 38023 Submitted on June
Station Service 5, 2009. See 40
Signs. CFR
52.220(c)(372)(i
)(A)(1).
3340.22.2...................... Smog Check Repair 2/1/2001 7/1/2010, 75 FR 38023 Submitted on June
Cost Limit Sign. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3340.22.3...................... Replacement of 9/17/1992 1/8/1997, 62 FR 1150 Submitted on
Signs. January 22,
1996. See 40 CFR
52.220(c)(234)(i
)(A)(1)(iv).
3340.23........................ Licensed Smog 6/23/1995 7/1/2010, 75 FR 38023 Submitted on June
Check Station 5, 2009. See 40
That Ceases CFR
Operating As a 52.220(c)(372)(i
Licensed Station. )(A)(1).
3340.24........................ Suspension, 6/23/1995 7/1/2010, 75 FR 38023 Submitted on June
Revocation, and 5, 2009. See 40
Reinstatement of CFR
Licenses. 52.220(c)(372)(i
)(A)(1).
3340.28........................ Licensing and 1/17/2009 7/1/2010, 75 FR 38023 Submitted on June
Qualifications 5, 2009. See 40
of Technicians. CFR
52.220(c)(372)(i
)(A)(1).
3340.29........................ Licensing of 1/17/2009 7/1/2010, 75 FR 38023 Submitted on June
Technicians. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3340.30........................ General 6/23/1995 7/1/2010, 75 FR 38023 Submitted on June
Requirements for 5, 2009. See 40
Licensed CFR
Technicians. 52.220(c)(372)(i
)(A)(1).
3340.31........................ Retraining of 6/23/1995 7/1/2010, 75 FR 38023 Submitted on June
Licensed 5, 2009. See 40
Technicians. CFR
52.220(c)(372)(i
)(A)(1).
3340.32........................ Standards for the 7/9/2003 7/1/2010, 75 FR 38023 Submitted on June
Certification of 5, 2009. See 40
Institutions CFR
Providing 52.220(c)(372)(i
Retraining to )(A)(1).
Licensed
Technicians or
Prerequisite
Training to
Those Seeking to
Become Licensed
Technicians.
3340.32.1...................... Standards for 6/23/1995 7/1/2010, 75 FR 38023 Submitted on June
Decertification 5, 2009. See 40
of Institutions CFR
Providing 52.220(c)(372)(i
Retraining to )(A)(1).
Licensed
Technicians or
Prerequisite
Training to
Those Seeking to
Become Licensed
Technicians.
[[Page 541]]
3340.33........................ Standards for the 2/1/2001 7/1/2010, 75 FR 38023 Submitted on June
Certification of 5, 2009. See 40
Basic and CFR
Advanced 52.220(c)(372)(i
Instructors )(A)(1).
Providing
Retraining to
Intern, Basic
Area, and
Advanced
Emission
Specialist
Licensed
Technicians or
Prerequisite
Training to
Those Seeking to
Become Intern,
Basic Area, or
Advanced
Emission
Specialist
Licensed
Technicians.
3340.33.1...................... Standards for the 6/23/1995 7/1/2010, 75 FR 38023 Submitted on June
Decertification 5, 2009. See 40
and CFR
Recertification 52.220(c)(372)(i
of Instructors )(A)(1).
Providing
Retraining to
Licensed
Technicians or
Prerequisite
Training to
Those Seeking to
Become Licensed
Technicians.
3340.35........................ A Certificate of 6/25/1998 7/1/2010, 75 FR 38023 Submitted on June
Compliance, 5, 2009. See 40
Noncompliance, CFR
Repair Cost 52.220(c)(372)(i
Waiver or an )(A)(1).
Economic
Hardship
Extension.
3340.35.1...................... A Certificate of 12/2/1998 7/1/2010, 75 FR 38023 Submitted on June
Compliance, 5, 2009. See 40
Noncompliance, CFR
Repair Cost 52.220(c)(372)(i
Waiver or an )(A)(1).
Economic
Hardship
Extension
Calculation.
3340.36........................ Clearing 7/26/1996 7/1/2010, 75 FR 38023 Submitted on June
Enforcement 5, 2009. See 40
Forms. CFR
52.220(c)(372)(i
)(A)(1).
3340.37........................ Installation of 7/26/1996 7/1/2010, 75 FR 38023 Submitted on June
Oxides of 5, 2009. See 40
Nitrogen (NOX) CFR
Devices. 52.220(c)(372)(i
)(A)(1).
3340.41........................ Inspection, Test, 6/29/2006 7/1/2010, 75 FR 38023 Submitted on June
and Repair 5, 2009. See 40
Requirements. CFR
52.220(c)(372)(i
)(A)(1).
3340.41.3...................... Invoice 4/16/1990 1/8/1997, 62 FR 1150 Submitted on
Requirements. January 22,
1996. See 40 CFR
52.220(c)(234)(i
)(A)(1)(iv).
3340.41.5...................... Tampering with 12/7/1984 1/8/1997, 62 FR 1150 Submitted on
Emissions January 22,
Control Systems. 1996. See 40 CFR
52.220(c)(234)(i
)(A)(1)(iv).
3340.42........................ Mandatory Smog 1/11/2008 7/1/2010, 75 FR 38023 Submitted on June
Check Inspection 5, 2009. See 40
and Test CFR
Procedures, and 52.220(c)(372)(i
Emission )(A)(1).
Standards.
3340.50........................ Fleet Facility 2/15/2002 7/1/2010, 75 FR 38023 Submitted on June
Requirements. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3340.50.1...................... Application for 4/16/1990 1/8/1997, 62 FR 1150 Submitted on
Fleet Facility January 22,
License; 1996. See 40 CFR
Renewal; 52.220(c)(234)(i
Replacement. )(A)(1)(iv).
3340.50.3...................... Fleet Records and 6/23/1995 7/1/2010, 75 FR 38023 Submitted on June
Reporting 5, 2009. See 40
Requirements. CFR
52.220(c)(372)(i
)(A)(1).
[[Page 542]]
3340.50.4...................... Fleet 6/25/1998 7/1/2010, 75 FR 38023 Submitted on June
Certificates. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3340.50.5...................... Suspension or 6/25/1998 7/1/2010, 75 FR 38023 Submitted on June
Rescission of 5, 2009. See 40
Fleet Facility CFR
License. 52.220(c)(372)(i
)(A)(1).
----------------------------------------------------------------------------------------------------------------
Title 16 (Professional and Vocational Regulations), Division 33 (Bureau of Automotive Repair), Chapter 1
(Automotive Repair Dealers and Official Stations and Adjusters); Article 10 (Gold Shield Program)
----------------------------------------------------------------------------------------------------------------
3392.1......................... Gold Shield 5/28/2003 7/1/2010, 75 FR 38023 Submitted on June
Program (GSP). 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3392.2......................... Responsibilities 8/1/2007 7/1/2010, 75 FR 38023 Submitted on June
of Smog Check 5, 2009. See 40
Stations CFR
Certified as 52.220(c)(372)(i
Gold Shield. )(A)(1).
3392.3......................... Eligibility for 5/28/2003 7/1/2010, 75 FR 38023 Submitted on June
Gold Shield 5, 2009. See 40
Certification; CFR
Quality 52.220(c)(372)(i
Assurance. )(A)(1).
3392.4......................... Gold Shield 5/28/2003 7/1/2010, 75 FR 38023 Submitted on June
Guaranteed 5, 2009. See 40
Repair (GSGR) CFR
Program 52.220(c)(372)(i
Advertising )(A)(1).
Rights.
3392.5......................... Causes for 5/28/2003 7/1/2010, 75 FR 38023 Submitted on June
Invalidation of 5, 2009. See 40
Gold Shield CFR
Station 52.220(c)(372)(i
Certification. )(A)(1).
3392.6......................... Gold Shield 5/28/2003 7/1/2010, 75 FR 38023 Submitted on June
Program Hearing 5, 2009. See 40
and CFR
Determination. 52.220(c)(372)(i
)(A)(1).
----------------------------------------------------------------------------------------------------------------
Title 16 (Professional and Vocational Regulations), Division 33 (Bureau of Automotive Repair), Chapter 1
(Automotive Repair Dealers and Official Stations and Adjusters); Article 11 (Consumer Assistance Program)
----------------------------------------------------------------------------------------------------------------
3394.1......................... Purpose and 10/30/2000 7/1/2010, 75 FR 38023 Submitted on June
Components of 5, 2009. See 40
the Consumer CFR
Assistance 52.220(c)(372)(i
Program. )(A)(1).
3394.2......................... Consumer 10/30/2000 7/1/2010, 75 FR 38023 Submitted on June
Assistance 5, 2009. See 40
Program CFR
Administration. 52.220(c)(372)(i
)(A)(1).
3394.3......................... State Assistance 10/30/2000 7/1/2010, 75 FR 38023 Submitted on June
Limits. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3394.4......................... Eligibility 8/12/2008 7/1/2010, 75 FR 38023 Submitted on June
Requirements. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3394.5......................... Ineligible 10/30/2000 7/1/2010, 75 FR 38023 Submitted on June
Vehicles. 5, 2009. See 40
CFR
52.220(c)(372)(i
)(A)(1).
3394.6......................... Application and 7/3/2006 7/1/2010, 75 FR 38023 Submitted on June
Documentation 5, 2009. See 40
Requirements. CFR
52.220(c)(372)(i
)(A)(1).
----------------------------------------------------------------------------------------------------------------
Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 7.5 (Airborne
Toxic Control Measures)
----------------------------------------------------------------------------------------------------------------
93114.......................... Airborne Toxic 8/14/2004 5/12/2010, 75 FR 26653 Submitted on
Control Measure February 3,
to Reduce 2009. See 40 CFR
Particulate 52.220(c)(376)(i
Emissions from )(A)(2).
Diesel-Fueled
Engines--Standar
ds for
Nonvehicular
Diesel Fuel.
93116.......................... Purpose.......... 3/11/2005 81 FR 39424, 6/16/2016 Purpose is to
reduce diesel
particulate
matter emissions
from portable
diesel-fueled
engines having a
rated brake
horsepower of 50
and greater.
[[Page 543]]
93116.1........................ Applicability.... 3/11/2005 81 FR 39424, 6/16/2016 Applies to all
portable engines
having a maximum
rated horse
horsepower of 50
bhp and greater
and fueled with
diesel unless
exempted under
(b).
93116.2........................ Definitions...... 3/11/2005 81 FR 39424, 6/16/2016 Defines specific
terms used in
the regulation.
93116.3, excluding (a)......... Requirements..... 3/11/2005 81 FR 39424, 6/16/2016 Diesel PM
standards for in-
use portable
diesel-fueled
engines;
different
requirements
apply to such
engines not
permitted or
registered prior
to January 1,
2006; fleet
requirements
(for subject
engines operated
in California),
fleet average
calculation
provisions.
Excluded
subsection
relates to fuel
requirements.
93116.4........................ Fleet 3/11/2005 81 FR 39424, 6/16/2016 Fleet
Recordkeeping recordkeeping
and Reporting and reporting
Requirements. requirements.
93116.5........................ Enforcement of 3/11/2005 81 FR 39424, 6/16/2016 Authority to
Fleet review and seek
Requirements. enforcement
action for
violation of the
fleet emission
standard.
93118.3........................ Airborne Toxic 1/2/2009 81 FR 39424, 6/16/2016 Applicability,
Control Measure exemptions,
for Auxiliary definitions,
Diesel Engines vessel in-use
Operated on operational
Ocean-Going requirements,
Vessels At-Berth calculation
in a California procedures for
Port. certain options,
terminal plan
requirements,
reporting and
recordkeeping
requirements.
93118.5, excluding (e)(1)...... Airborne Toxic 7/20/2011 83 FR 23232, 5/18/2018 Applicability,
Control Measure exemptions,
for Commercial definitions,
Harbor Craft. engine emission
requirements,
alternative
control
provisions,
recordkeeping
and reporting
requirements,
test methods.
Excluded
subsection
relates to the
low sulfur fuel
use requirement.
----------------------------------------------------------------------------------------------------------------
Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8 (Compliance
with Nonvehicular Emissions Standards)
----------------------------------------------------------------------------------------------------------------
94000.......................... Test Procedures 10/29/1978 7/8/1982, 47 FR 29668 Submitted on
for Vapor April 23, 1980.
Recovery See 40 CFR
Systems--Service 52.220(c)(69)(iv
Stations. ).
94001.......................... Certification of 10/29/1978 7/8/1982, 47 FR 29668 Submitted on
Vapor Recovery April 23, 1980.
Systems--Service See 40 CFR
Stations. 52.220(c)(69)(iv
).
94002.......................... Certification of 10/29/1978 7/8/1982, 47 FR 29668 Submitted on
Vapor Recovery April 23, 1980.
Systems--Gasolin See 40 CFR
e Bulk Plants. 52.220(c)(69)(iv
).
94003.......................... Certification of 5/10/1977 7/8/1982, 47 FR 29668 Submitted on
Vapor Recovery April 23, 1980.
Systems--Gasolin See 40 CFR
e Terminals. 52.220(c)(69)(iv
).
94004.......................... Certification of 5/10/1977 7/8/1982, 47 FR 29668 Submitted on
Vapor Recovery April 23, 1980.
Systems--Gasolin See 40 CFR
e Delivery Tanks. 52.220(c)(69)(iv
).
----------------------------------------------------------------------------------------------------------------
Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8.5 (Consumer
Products); Article 1 (Antiperspirants and Deodorants)
----------------------------------------------------------------------------------------------------------------
94500.......................... Applicability.... 5/30/1996 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(1).
[[Page 544]]
94501.......................... Definitions...... 7/20/2005 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(1).
94502.......................... Standards for 6/6/2001 11/4/2009, 74 FR 57074 Submitted on
Antiperspirants March 27, 2008.
and Deodorants. See 40 CFR
52.220(c)(365)(i
)(A)(1).
94503.......................... Exemptions....... 3/30/1996 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(1).
94503.5........................ Innovative 3/30/1996 11/4/2009, 74 FR 57074 Submitted on
Products. March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(1).
94504.......................... Administrative 6/6/2001 11/4/2009, 74 FR 57074 Submitted on
Requirements. March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(1).
94505.......................... Variances........ 3/30/1996 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(1).
94506.......................... Test Methods..... 7/20/2005 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(1).
94506.5........................ Federal 12/16/1999 11/4/2009, 74 FR 57074 Submitted on
Enforceability. March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(1).
----------------------------------------------------------------------------------------------------------------
Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8.5 (Consumer
Products); Article 2 (Consumer Products)
----------------------------------------------------------------------------------------------------------------
94507.......................... Applicability.... 11/19/2000 10/17/2014, 79 FR 62346 Submitted on May
28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
94508.......................... Definitions...... 12/10/2011 10/17/2014, 79 FR 62346 Submitted on May
28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
94509.......................... Standards for 12/10/2011 10/17/2014, 79 FR 62346 Submitted on May
Consumer 28, 2014. See 40
Products. CFR
52.220(c)(444)(i
)(A)(1).
94510.......................... Exemptions....... 12/10/2011 10/17/2014, 79 FR 62346 Submitted on May
28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
94511.......................... Innovative 10/20/2010 10/17/2014, 79 FR 62346 Submitted on May
Products. 28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
94512.......................... Administrative 12/10/2011 10/17/2014, 79 FR 62346 Submitted on May
Requirements. 28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
94513.......................... Reporting 10/20/2010 10/17/2014, 79 FR 62346 Submitted on May
Requirements. 28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
94514.......................... Variances........ 12/8/2007 10/17/2014, 79 FR 62346 Submitted on May
28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
94515.......................... Test Methods..... 12/10/2011 10/17/2014, 79 FR 62346 Submitted on May
28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
94516.......................... Severability..... 10/21/1991 10/17/2014, 79 FR 62346 Submitted on May
28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
94517.......................... Federal 11/18/1997 10/17/2014, 79 FR 62346 Submitted on May
Enforceability. 28, 2014. See 40
CFR
52.220(c)(444)(i
)(A)(1).
----------------------------------------------------------------------------------------------------------------
Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8.5 (Consumer
Products); Article 3 (Aerosol Coating Products)
----------------------------------------------------------------------------------------------------------------
94520.......................... Applicability.... 1/8/1996 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(3).
94521.......................... Definitions...... 7/18/2001 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(3).
[[Page 545]]
94522.......................... Limits and 7/18/2001 11/4/2009, 74 FR 57074 Submitted on
Requirements for March 27, 2008.
Aerosol Coating See 40 CFR
Products. 52.220(c)(365)(i
)(A)(3).
94523.......................... Exemptions....... 12/8/2007 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(3).
94524.......................... Administrative 7/18/2001 11/4/2009, 74 FR 57074 Submitted on
Requirements. March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(3).
94525.......................... Variances........ 1/8/1996 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(3).
94526.......................... Test Methods..... 7/20/2005 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(3).
94527.......................... Severability..... 1/8/1996 11/4/2009, 74 FR 57074 Submitted on
March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(3).
94528.......................... Federal 1/8/1996 11/4/2009, 74 FR 57074 Submitted on
Enforceability. March 27, 2008.
See 40 CFR
52.220(c)(365)(i
)(A)(3).
----------------------------------------------------------------------------------------------------------------
Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 8.6 (Maximum
Incremental Reactivity); Article 1 (Tables of Maximum Incremental Reactivity (MIR) Values)
----------------------------------------------------------------------------------------------------------------
94700.......................... MIR Values for 7/18/2001 9/13/2005, 70 FR 53930 Submitted on
Compounds. March 13, 2002.
See 40 CFR
52.220(c)(338)(i
)(A)(1).
94701.......................... MIR Values for 7/18/2001 9/13/2005, 70 FR 53930 Submitted on
Hydrocarbon March 13, 2002.
Solvents. See 40 CFR
52.220(c)(338)(i
)(A)(1).
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or
quasi-regulatory are listed in paragraph (e).
Table 2--EPA-Approved California Test Procedures, Test Methods, and Specifications
----------------------------------------------------------------------------------------------------------------
State
Title/subject effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
Method 2-1: Test Procedures for 9/1/1982 5/3/1984, 49 FR 18829 Submitted on January
Determining the Efficiency of 20, 1983. See 40 CFR
Gasoline Vapor Recovery Systems at 52.220(c)(149)(i)(A).
Service Stations.
Method 2-2: Certification Procedures 8/9/1978 7/8/1982, 47 FR 29668 Submitted on April 23,
for Gasoline Vapor Recovery Systems 1980. See 40 CFR
at Service Stations. 52.220(c)(69)(iv).
Method 2-3: Certification and Test 8/9/1978 7/8/1982, 47 FR 29668 Submitted on April 23,
Procedures for Vapor Recovery 1980. See 40 CFR
Systems at Gasoline Bulk Plants. 52.220(c)(69)(iv).
Method 2-4: Certification and Test 4/18/1977 7/8/1982, 47 FR 29668 Submitted on April 23,
Procedures for Vapor Recovery 1980. See 40 CFR
Systems at Gasoline Terminals. 52.220(c)(69)(iv).
Method 2-5: Certification and Test 9/1/1982 5/3/1984, 49 FR 18829 Submitted on January
Procedures for Vapor Recovery 20, 1983. See 40 CFR
Systems of Gasoline Delivery Tanks. 52.220(c)(149)(i)(A).
Test Procedures for Gasoline Vapor 9/1/1982 5/3/1984, 49 FR 18829 Submitted on January
Leak Detection Using Combustible Gas 20, 1983. See 40 CFR
Detector. 52.220(c)(149)(i)(A).
California Procedures for Evaluating 12/11/1998 5/12/2010, 75 FR 26653 Submitted on June 15,
Alternative Specifications for Phase 2004. See 40 CFR
2 Reformulated Gasoline Using the 52.220(c)(374)(i)(A)(2
California Predictive Model. ).
California Procedures for Evaluating 4/25/2001 5/12/2010, 75 FR 26653 Submitted on June 15,
Alternative Specifications for 2004. See 40 CFR
Gasoline Using Vehicle Emissions 52.220(c)(374)(i)(A)(4
Testing. ).
California Procedures for Evaluating 8/7/2008 5/12/2010, 75 FR 26653 Submitted on June 15,
Alternative Specifications for Phase 2004. See 40 CFR
3 Reformulated Gasoline Using the 52.220(c)(375)(i)(A)(2
California Predictive Model. ).
[[Page 546]]
Procedures for Using the California 8/7/2008 5/12/2010, 75 FR 26653 Submitted on June 15,
Model for California Reformulated 2004. See 40 CFR
Gasoline Blendstocks for Oxygenate 52.220(c)(375)(i)(A)(3
Blending (CARBOB). ).
California Exhaust Emission Standards 12/4/2003 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2001 and August 14, 2015.
Subsequent Model Passenger Cars,
Light-Duty Trucks and Medium-Duty
Vehicles, as last amended September
5, 2003.
California Motor Vehicle Emission 12/4/2003 81 FR 39424, 6/16/2016 Submitted by CARB on
Control and Smog Index Label August 14, 2015.
Specifications for 1978 through 2003
Model Year Motorcycles, Light-,
Medium- and Heavy-Duty Engines and
Vehicles,'' as last amended
September 5, 2003.
California Smog Index Label 12/4/2003 81 FR 39424, 6/16/2016 Submitted by CARB on
Specifications for 2004 and August 14, 2015.
Subsequent Model Passenger Cars and
Light-Duty Trucks,'' adopted
September 5, 2003.
California Refueling Emission 12/4/2003 81 FR 39424, 6/16/2016 Submitted by CARB on
Standards and Test Procedures for August 14, 2015.
2001 and Subsequent Model Motor
Vehicles, as last amended September
5, 2003.
California Evaporative Emission 2/17/2007 81 FR 39424, 6/16/2016 Submitted by CARB on
Standards and Test Procedures for August 14, 2015.
2001 and Subsequent Model Motor
Vehicles, as amended June 22, 2006.
California Refueling Emission 2/17/2007 81 FR 39424, 6/16/2016 Submitted by CARB on
Standards and Test Procedures for August 14, 2015.
2001 and Subsequent Model Motor
Vehicles, as last amended June 22,
2006.
California Exhaust Emission Standards 2/17/2007 81 FR 39424, 6/16/2016 Submitted by CARB on
Test Procedures for 2001 and August 14, 2015.
Subsequent Model Passenger Cars,
Light-Duty Trucks, and Medium-Duty
Vehicles, as last amended June 22,
2006.
California Exhaust Emission Standards 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2004 and August 14, 2015.
Subsequent Model Heavy-Duty Diesel
Engines and Vehicles, as last
amended March 22, 2012.
California Exhaust Emission Standards 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2004 and August 14, 2015.
Subsequent Model Heavy-Duty Otto-
Cycle Engines, as last amended March
22, 2012.
California Non-Methane Organic Gas 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Test Procedures, as last amended August 14, 2015.
March 22, 2012.
California 2001 through 2014 Model 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Criteria Pollutant Exhaust Emission August 14, 2015.
Standards and Test Procedures and
2009 through 2016 Model Greenhouse
Gas Exhaust Emission Standards and
Test Procedures for Passenger Cars,
Light-Duty Trucks, and Medium-Duty
Vehicles, as last amended March 22,
2012, excluding GHG-related
provisions.
California Environmental Performance 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Label Specifications for 2009 and August 14, 2015.
Subsequent Model Year Passenger
Cars, Light-Duty Trucks, and Medium-
Duty Passenger Vehicles, as last
amended March 22, 2012.
California Evaporative Emission 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Standards and Test Procedures for August 14, 2015.
2001 and Subsequent Model Motor
Vehicles, as last amended March 22,
2012.
California Refueling Emission 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Standards and Test Procedures for August 14, 2015.
2001 and Subsequent Model Motor
Vehicles, as last amended March 22,
2012.
[[Page 547]]
Specifications for Fill Pipes and 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Openings of 1977 through 2014 Model August 14, 2015.
Motor Vehicle Fuel Tanks, as last
amended March 22, 2012.
Specifications for Fill Pipes and 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Openings of 2015 and Subsequent August 14, 2015.
Model Motor Vehicle Fuel Tanks,
adopted March 22, 2012.
California 2015 and Subsequent Model 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Criteria Pollutant Exhaust Emission August 14, 2015.
Standards and Test Procedures and
2017 and Subsequent Model Greenhouse
Gas Exhaust Emission Standards and
Test Procedures for Passenger Cars,
Light-Duty Trucks, and Medium-Duty
Vehicles, adopted March 22, 2012,
excluding GHG-related provisions.
California Exhaust Emission Standards 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2009 through August 14, 2015.
2017 Model Zero-Emission Vehicles
and Hybrid Electric Vehicles, in the
Passenger Car, Light-Duty Truck, and
Medium-Duty Vehicle Classes, as last
amended March 22, 2012, excluding
GHG-related provisions.
California Exhaust Emission Standards 8/7/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2018 and August 14, 2015.
Subsequent Model Zero-Emission
Vehicles and Hybrid Electric
Vehicles, in the Passenger Car,
Light-Duty Truck, and Medium-Duty
Vehicle Classes, adopted March 22,
2012, excluding GHG-related
provisions.
California 2015 and Subsequent Model 12/31/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Criteria Pollutant Exhaust Emission August 14, 2015.
Standards and Test Procedures and
2017 and Subsequent Model Greenhouse
Gas Exhaust Emission Standards and
Test Procedures for Passenger Cars,
Light-Duty Trucks, and Medium-Duty
Vehicles, as last amended December
6, 2012, excluding GHG-related
provisions.
California 2001 through 2014 Model 12/31/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Criteria Pollutant Exhaust Emission August 14, 2015.
Standards and Test Procedures and
2009 through 2016 Model Greenhouse
Gas Exhaust Emission standards and
Test Procedures for Passenger Cars,
Light-Duty Trucks, and Medium-Duty
Vehicles, as last amended December
6, 2012, excluding GHG-related
provisions.
California Non-Methane Organic Gas 12/31/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Test Procedures, as last amended August 14, 2015.
December 6, 2012.
California Evaporative Emission 12/31/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
Standards and Test Procedures for August 14, 2015.
2001 and Subsequent Model Motor
Vehicles, as last amended December
6, 2012.
California Exhaust Emission Standards 12/31/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2004 and August 14, 2015.
Subsequent Model Heavy-Duty Otto-
Cycle Engines, as last amended
December 6, 2012.
California Exhaust Emission Standards 12/31/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2004 and August 14, 2015.
Subsequent Model Heavy-Duty Diesel
Engines and Vehicles, as last
amended December 6, 2012.
California Exhaust Emission Standards 12/31/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2009 through August 14, 2015.
2017 Model Zero-Emission Vehicles
and Hybrid Electric Vehicles, in the
Passenger Car, Light-Duty Truck, and
Medium-Duty Vehicle Classes, as last
amended December 6, 2012.
[[Page 548]]
California Exhaust Emission Standards 12/31/2012 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2018 and August 14, 2015.
Subsequent Model Zero-Emission
Vehicles and Hybrid Vehicles, in the
Passenger Car, Light-Duty Truck, and
Medium-Duty Vehicle Classes, adopted
December 6, 2012, excluding GHG-
related provisions.
California Exhaust Emission Standards 12/4/2003 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2004 and August 14, 2015.
Subsequent Model Heavy-Duty Otto-
cycle Engines, as last amended
December 12, 2002.
California Exhaust Emission Standards 11/17/2002 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 1985 and August 14, 2015.
Subsequent Model Heavy-Duty Diesel
Engines and Vehicles, as last
amended October 25, 2001.
California Motor Vehicle Emission 11/22/1999 81 FR 39424, 6/16/2016 Submitted by CARB on
Control and Smog Index Label August 14, 2015.
Specifications, as last amended
October 22, 1999.
California Exhaust Emission Standards 11/15/2006 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2004 and August 14, 2015.
Subsequent Model Heavy-Duty Diesel
Engines, as last amended September
1, 2006.
California Exhaust Emission Standards 12/22/2011 83 FR 23232, 5/18/2018 Submitted by CARB on
and Test Procedures for 2004 and June 15, 2017.
Subsequent Model Heavy-Duty Diesel
Engines and Vehicles, as last
amended October 12, 2011.
California Exhaust Emission Standards 5/12/2007 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for New 2001 August 14, 2015.
through 2006 Off-Road Large Spark-
Ignition Engines, Parts I and II,
adopted September 1, 1999 and as
last amended March 2, 2007.
California Exhaust and Evaporative 5/12/2007 81 FR 39424, 6/16/2016 Submitted by CARB on
Emission Standards and Test August 14, 2015.
Procedures for 2007 through 2009 Off-
Road Large Spark-Ignition Engines,
(2007-2009 Test Procedure 1048),
adopted March 2, 2007.
California Exhaust and Evaporative 5/12/2007 81 FR 39424, 6/16/2016 Submitted by CARB on
Emission Standards and Test August 14, 2015.
Procedures for New 2010 and Later
Off-Road Large Spark-Ignition
Engines, (2010 and Later Test
Procedure 1048), adopted March 2,
2007.
California Exhaust and Evaporative 10/20/2009 82 FR 14446, 3/21/2017 Submitted by CARB on
Emission Standards and Test December 7, 2016.
Procedures for New 2010 and Later
Off-Road Large Spark-Ignition
Engines, (2010 and Later Test
Procedure 1048), amended November
21, 2008.
California Exhaust and Evaporative 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
Emission Standards and Test December 7, 2016.
Procedures for New 2010 and Later
Off-Road Large Spark-Ignition
Engines, (2010 and Later Test
Procedure 1048), amended October 25,
2012.
California Exhaust and Evaporative 5/12/2007 81 FR 39424, 6/16/2016 Submitted by CARB on
Emission Standards and Test August 14, 2015.
Procedures for New 2007 and Later
Off-Road Large Spark-Ignition
Engines (Test Procedures 1065 and
1068), adopted March 2, 2007.
California Exhaust and Evaporative 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
Emission Standards and Test December 7, 2016.
Procedures for New 2007 and Later
Off-Road Large Spark-Ignition
Engines (Test Procedures 1065 and
1068), amended October 25, 2012.
Small Off-Road Engine and Equipment 10/20/2004 82 FR 14446, 3/21/2017 Submitted by CARB on
Evaporative Emissions Test Procedure December 7, 2016.
(TP-901), adopted July 26, 2004.
Small Off-Road Engine and Equipment 10/20/2004 82 FR 14446, 3/21/2017 Submitted by CARB on
Evaporative Emissions Test Procedure December 7, 2016.
(TP-902), adopted July 26, 2004.
[[Page 549]]
Small Off-Road Engine Evaporative 10/20/2004 82 FR 14446, 3/21/2017 Submitted by CARB on
Emission Control System December 7, 2016.
Certification Procedure (CP-901),
adopted July 26, 2004.
Small Off-Road Engine Evaporative 10/20/2004 82 FR 14446, 3/21/2017 Submitted by CARB on
Emission Control System December 7, 2016.
Certification Procedure (CP-902),
adopted July 26, 2004.
California Exhaust Emission Standards 5/5/2010 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2005 and August 14, 2015.
Later Small Off-Road Engines, as
last amended February 24, 2010.
California Exhaust Emission Standards 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
and Test Procedures for 2005 and December 7, 2016.
Later Small Off-Road Engines, as
last amended October 25, 2012.
California Exhaust Emission Standards 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
and Test Procedures for New 2013 and December 7, 2016.
Later Small Off-Road Engines, Engine-
Testing Procedures (Part 1054),
adopted October 25, 2012.
California Exhaust Emission Standards 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
and Test Procedures for New 2013 and December 7, 2016.
Later Small Off-Road Engines, Engine-
Testing Procedures (Part 1065),
adopted October 25, 2012.
California Exhaust Emission Standards 1/6/2006 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for New 2000 and August 14, 2015.
Later Tier 1, Tier 2, and Tier 3 Off-
Road Compression-Ignition Engines,
Part I-B, adopted January 28, 2000
and as last amended October 20, 2005.
California Exhaust Emission Standards 1/6/2006 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for New 1996 and August 14, 2015.
Later Tier 1, Tier 2, and Tier 3 Off-
Road Compression-Ignition Engines,
Part II, adopted May 12, 1993 and as
last amended October 20, 2005.
California Exhaust Emission Standards 1/6/2006 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for New 2008 and August 14, 2015.
Later Tier 4 Off-Road Compression-
Ignition Engines, Part I-C, adopted
October 20, 2005.
California Exhaust Emission Standards 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
and Test Procedures for New 2008- December 7, 2016.
2010 Tier 4 Off-Road Compression-
Ignition Engines, Part I-C, as last
amended October 25, 2012.
California Exhaust Emission Standards 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
and Test Procedures for New 2011 and December 7, 2016.
Later Tier 4 Off-Road Compression-
Ignition Engines, Part I-D, as last
amended October 25, 2012 (excluding
optional alternative NOX + NMHC
standards and associated family
emission limits in Sec.
1039.102(e).
California Exhaust Emission Standards 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
and Test Procedures for New 2011 and December 7, 2016.
Later Tier 4 Off-Road Compression-
Ignition Engines, Part I-F, as last
amended October 25, 2012.
California Exhaust Emission Standards 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
and Test Procedures for New 2011 and December 7, 2016.
Later Tier 4 Off-Road Compression-
Ignition Engines, Part I-E, adopted
October 25, 2012.
California Exhaust Emission Standards 8/16/2009 81 FR 39424, 6/16/2016 Submitted by CARB on
and Test Procedures for 2001 Model August 14, 2015.
Year and Later Spark-Ignition Marine
Engines, as last amended June 5,
2009.
California Exhaust Emission Standards 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
and Test Procedures for 2001 Model December 7, 2016.
Year and Later Spark-Ignition Marine
Engines, as last amended October 25,
2012.
[[Page 550]]
Procedures for Exemption of Add-On 8/16/2009 81 FR 39424, 6/16/2016 Submitted by CARB on
and Modified Parts for Off-Road August 14, 2015.
Categories, as last amended June 5,
2009.
California Exhaust Emissions 8/15/2007 81 FR 39424, 6/16/2016 Submitted by CARB on
Standards and Test Procedures for August 14, 2015.
1997 and Later Off-Highway
Recreational Vehicles, and Engines,
as last amended August 15, 2007.
California Exhaust Emissions 1/10/2013 82 FR 14446, 3/21/2017 Submitted by CARB on
Standards and Test Procedures for December 7, 2016.
1997 and Later Off-Highway
Recreational Vehicles and Engines,
as last amended October 25, 2012.
Test Procedures for Determining 4/1/2015 83 FR 23232, 5/18/2018 Submitted by CARB on
Evaporative Emissions from Off- June 15, 2017.
Highway Recreational Vehicles (TP-
933), adopted November 5, 2014.
----------------------------------------------------------------------------------------------------------------
Table 3--EPA-Approved Amador County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 4--EPA-Approved Antelope Valley Air District Regulations; Los Angeles County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 5--EPA-Approved Bay Area Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 6--EPA-Approved Butte County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 7--EPA-Approved Calaveras County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 8--EPA-Approved Coachella Valley Planning Area Ordinances
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 9--EPA-Approved Colusa County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
[[Page 551]]
Table 10--EPA-Approved Eastern Kern County Air District Regulations; Kern County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 11--EPA-Approved El Dorado County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 12--EPA-Approved Feather River Air District Regulations; Sutter County Air District Regulations; Yuba
County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 13--EPA-Approved Glenn County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 14--EPA-Approved Great Basin Unified Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 15--EPA-Approved Imperial County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 16--EPA-Approved Lake County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 17--EPA-Approved Lassen County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 18--EPA-Approved Mariposa County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 19--EPA-Approved Mendocino County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
[[Page 552]]
Table 20--EPA-Approved Modoc County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 21--EPA-Approved Mojave Desert Air District Regulations; Riverside County Air District Regulations; San
Bernardino County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 22--EPA-Approved Monterey Bay Unified Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 23--EPA-Approved North Coast Unified Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 24--EPA-Approved Northern Sierra Air District Regulations; Nevada County Air District Regulations; Plumas
County Air District Regulations; Sierra County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 25--EPA-Approved Northern Sonoma County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 26--EPA-Approved Placer County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 27--EPA-Approved Sacramento Metropolitan Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 28--EPA-Approved San Diego County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
[[Page 553]]
Table 29--EPA-Approved San Joaquin Valley Unified Air District Regulations; Fresno County Air District
Regulations; Kern County Air District Regulations; Kings County Air District Regulations; Madera County Air
District Regulations; Merced County Air District Regulations; San Joaquin County Air District Regulations;
Stanislaus County Air District Regulations; Tulare County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 30--EPA-Approved San Luis Obispo County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 31--EPA-Approved Santa Barbara County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 32--EPA-Approved Shasta County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 33--EPA-Approved Siskiyou County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 34--EPA-Approved South Coast Air District Regulations; Los Angeles County Air District Regulations; Orange
County Air District Regulations; Riverside County Air District Regulations; San Bernardino County Air District
Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 35--EPA-Approved Tehama County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 36--EPA-Approved Tuolumne County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 37--EPA-Approved Tuolumne County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
Table 38--EPA-Approved Ventura County Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
[[Page 554]]
Table 39--EPA-Approved Yolo-Solano Air District Regulations
----------------------------------------------------------------------------------------------------------------
State effective Additional
District citation Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
[Reserved]
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved source-specific requirements. [Reserved]
(e) EPA-approved California nonregulatory provisions and quasi-
regulatory measures. [Reserved]
[81 FR 33400, May 26, 2016, as amended at 81 FR 39432, June 16, 2016; 81
FR 64352, Sept. 20, 2016; 82 FR 14453, Mar. 21, 2017; 82 FR 61179, Dec.
27, 2017; 83 FR 23235, May 18, 2018]
Sec. 52.221 Classification of regions.
The California plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Great Basin Valley Intrastate........................ I III III III III
Lake County Intrastate............................... II III III III III
Lake Tahoe Intrastate................................ II III III I III
Metropolitan Los Angeles Intrastate.................. I III III I I
Mountain Counties Intrastate......................... II III III I I
North Central Coast Intrastate....................... II III III III III
North Coast Intrastate............................... II III III III III
Northeast Plateau Intrastate......................... III III III III III
Sacramento Valley Intrastate......................... II III III I I
San Diego Intrastate................................. II III III I I
San Francisco Bay Area Intrastate.................... II III III I I
San Joaquin Valley Intrastate........................ II III III I I
South Central Coast Intrastate....................... III III III III III
Southeast Desert Intrastate.......................... I III III III I
----------------------------------------------------------------------------------------------------------------
[81 FR 18778, Apr. 1, 2016]
Sec. 52.222 Negative declarations.
(a) The following air pollution control districts submitted negative
declarations for volatile organic compound source categories to satisfy
the requirements of section 182 of the Clean Air Act, as amended. The
following negative declarations are approved as additional information
to the State Implementation Plan.
(1) Mojave Desert Air Quality Management District.
(i) Natural Gas and Gasoline Processing Equipment and Chemical
Processing and Manufacturing were submitted on July 13, 1994 and adopted
on May 25, 1994.
(ii) Asphalt Air Blowing was submitted on December 20, 1994 and
adopted on October 26, 1994.
(iii) Vacuum Producing Devices or Systems was submitted on December
29, 1994 and adopted on December 21, 1994.
(iv) Synthetic Organic Chemical Manufacturing Industry (SOCMI)
Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset
Lithography, Industrial Wastewater, Plastic Parts Coating (Business
Machines), Plastic Parts (Other), and Ship Building were submitted on
August 7, 1995 and adopted on June 28, 1995.
(v) Pneumatic Rubber Tire Manufacturing, Large Petroleum Dry
Cleaners,
[[Page 555]]
Surface Coating of Cans, Surface Coating of Coils, Surface Coating
Fabrics, Surface Coating Operations at Automotive and Light Duty Truck
Assembly Plants, Surface of Coating of Large Appliances, Surface of
Coating of Magnet Wire, Vacuum Producing Devices or Systems, Leaks From
Petroleum Refinery Equipment, Process Unit Turnarounds, Equipment Leaks
From Natural Gas/Gasoline Processing Plants, Synthesized Pharmaceutical
Products, Air Oxidation Process--SOCMI, Polymer Manufacturing SOCMI and
Polymer Manufacturing Equipment Leaks, Reactor Processes and
Distillation Operations in SOCMI, and Synthetic Organic Chemical Polymer
and Resin Manufacturing were submitted on July 11, 2007 and adopted
January 22, 2007.
(vi) Petroleum Refinery Equipment, Manufacture of High-Density
Polyethylene, Polypropylene, and Polystyrene Resins, and Fugitive
Emissions from Synthetic Organic Chemical Polymer and Resin
Manufacturing Equipment were submitted on October 22, 2010 and adopted
on August 23, 2010.
(vii) The following negative declarations for the 2008 ozone NAAQS
were adopted by the District on February 23, 2015 and submitted to EPA
on September 9, 2015.
------------------------------------------------------------------------
CTG source category CTG reference document
------------------------------------------------------------------------
Large Petroleum Dry Cleaners. EPA 450/3-82-009, 9/82 Control of VOC
Emissions from Large Petroleum Dry
Cleaners.
Manufacture of High-Density EPA-450/3-83-008, 11/83 Control of
Polyethylene, Polypropylene, Volatile Organic Compound Emissions from
and Polystyrene Resins. Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins.
Manufacture of Pneumatic EPA-450/2-78-030, 12/78 Control of
Rubber Tires. Volatile Organic Emissions from
Manufacture of Pneumatic Rubber Tires.
Surface Coating of Cans...... EPA-450/2-77-008, 5/77 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Vol. II: Surface
Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks.
Surface Coating of Coils..... EPA-450/2-77-008, 5/77 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Vol. II: Surface
Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks.
Surface Coating Operations at EPA 453/R-08-006, 09/08 Control Technique
Automotive and Light Duty Guidelines for Automobile and Light-Duty
Truck Assembly Plants. Truck Assembly Coatings.
EPA-450/2-77-008, 5/77 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Vol. II: Surface
Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks.
Large Appliances, Surface EPA-450/2-77-034, 12/77 Control of
Coatings. Volatile Organic Emissions from Existing
Stationary Sources--Volume V: Surface
Coating of Large Appliances.
EPA 453/R-07-004, 09/07 Control
Techniques Guidelines for Large
Appliance Coatings.
Surface Coating of Magnet EPA-450/2-77-033, 12/77 Control of
Wire. Volatile Organic Emissions from Existing
Stationary Sources, Volume IV: Surface
Coating of Insulation of Magnet Wire.
Vacuum Producing Devices or EPA-450/2-77-025, 10/77 Control of
Systems. Refinery Vacuum Producing Systems,
Wastewater Separators, and Process Unit
Turnarounds.
Leaks from Petroleum Refinery EPA-450/2-77-025, 10/77 Control of
Equipment. Refinery Vacuum Producing Systems,
Wastewater Separators, and Process Unit
Turnarounds.
Process Unit Turnarounds..... EPA-450/2-77-025, 10/77 Control of
Refinery Vacuum Producing Systems,
Wastewater Separators, and Process Unit
Turnarounds.
Equipment Leaks from Natural EPA-450/3-83-007,12/83 Control of
Gas/Gasoline Processing Volatile Organic Compound Equipment
Plants. Leaks from Natural Gas/Gasoline
Processing Plants.
Manufacture of Synthesized EPA-450/2-78-029, 12/78 Control of
Pharmaceutical Products. Volatile Organic Emissions from
Manufacture of Synthesized
Pharmaceutical Products.
Air Oxidation Processes EPA-450/3-84-015, 12/84 Control of
(SOCMI). Volatile Organic Compound Emissions from
Air Oxidation Process in Synthetic
Organic Chemical Manufacturing Industry
(SOCMI).
Reactor and Distillation EPA-450/4-91-031, 08/93 Control of
Processes (SOCMI). Volatile Organic Compound Emissions from
Reactor Process and Distillation
Operations in SOCMI.
Equipment used in Synthetic EPA-450/3-83-006, 03/84 Control of
Organic Chemical Polymers Volatile Organic Compound Leaks from
and Resin Manufacturing. Synthetic Organic Chemical Polymer and
Resin Manufacturing Equipment.
Leaks from Petroleum Refinery EPA-450/2-78-036, 06/78 Control of
Equipment. Volatile Organic Compound Leaks from
Petroleum Refinery Equipment.
Metal Furniture Coating...... EPA-450/2-77-032, 12/77 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Volume III: Surface
Coating of Metal Furniture.
EPA 453/R-07-005, 09/07 Control
Techniques Guidelines for Metal
Furniture Coatings.
[[Page 556]]
Flat Wood Paneling........... EPA-450/2-78-032, 06/78 Control of
Volatile Organic Emissions from Existing
Stationary Sources--Volume VII: Factory
Surface Coating of Flat Wood Paneling.
EPA-453/R-06-004, 09/06 Control
Techniques Guidelines for Flat Wood
Paneling Coatings.
------------------------------------------------------------------------
(2) Sacramento Metropolitan Air Quality Management District.
(i) Plastic Parts Coating: Business Machines and Plastic Parts
Coating: Other were submitted on June 6, 1996 and adopted on May 2,
1996.
(ii) Coating Operations at Aerospace Manufacturing and Rework
Operations was submitted on January 12, 2012 and adopted on October 27,
2011.
(iii) Fiberglass and Boat Manufacturing Materials and Automobile and
Light-Duty Truck Assembly Coatings were submitted on July 12, 2012 and
adopted on March 22, 2012.
(iv) Negative declarations for Sacramento Metropolitan Air Quality
Management District.
----------------------------------------------------------------------------------------------------------------
Updated
Negative declaration--CTG Submitted 7/11/ submitted 1/21/
CTG Source category reference document 07, adopted 10/ 09, adopted 10/
26/06 23/08
----------------------------------------------------------------------------------------------------------------
Aerospace Coating......................... EPA-453/R-97-004 and 59 FR 29216 ............... X
(6/06/94)--Control of Volatile
Organic Compound Emissions from
Coating Operations at Aerospace
Manufacturing and Rework
Operations.
Automobile Coating........................ EPA-450/2-77-008--Control of X
Volatile Organic Emissions from
Existing Stationary Sources,
Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty
Trucks.
Dry Cleaning (Petroleum Solvent).......... EPA-450/3-82-009--Control of X
Volatile Organic Compound
Emissions from Large Petroleum
Dry Cleaners.
Graphic Arts (Rotogravure)................ EPA-450/2-78-033--Control of ............... X
Volatile Organic Emissions from
Existing Stationary Sources,
Volume VIII: Graphic Arts-
Rotogravure and Flexography.
Large Appliance Coating................... EPA-450/2-77-034--Control of X
Volatile Organic Emissions from
Existing Stationary Sources,
Volume V: Surface Coating of
Large Appliances.
Large Appliance Coating................... EPA-453/R-07-004--Control ............... X
Techniques Guidelines for Large
Appliance Coatings.
Magnetic Wire Coating..................... EPA-450/2-77-033--Control of X
Volatile Organic Emissions from
Existing Stationary Sources,
Volume IV: Surface Coating for
Insulation of Magnetic Wire.
Metal Coil Coating........................ EPA-450/2-77-008--Control of X
Volatile Organic Emissions from
Existing Stationary Sources,
Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty
Trucks.
Natural Gas/Gasoline Processing........... EPA-450/2-83-007--Control of X
Volatile Organic Compound
Equipment Leaks from Natural Gas/
Gasoline Processing Plants.
Paper and Fabric Coating.................. EPA-450/2-77-008--Control of X
Volatile Organic Emissions from
Existing Stationary Sources,
Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty
Trucks.
Resin Manufacturing (High-Density EPA-450/3-83-008--Control of X
Polyethylene, Polypropylene, and Volatile Organic Compound
Polystyrene). Emissions from Manufacture of
High-Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
Refineries................................ EPA-450/2-77-025--Control of X
Refinery Vacuum Producing
Systems, Wastewater Separators
and Process Unit Turnarounds.
EPA-450/2-78-036--Control of X
Volatile Organic Compound Leaks
from Petroleum Refinery Equipment.
Rubber Tire Manufacturing................. EPA-450/2-78-030--Control of X
Volatile Organic Emissions from
Manufacture of Pneumatic Rubber
Tires.
Ship Coating.............................. 61 FR 44050--Control Techniques X
Guidelines for Shipbuilding and
Ship Repair Operations (Surface
Coating).
[[Page 557]]
Wood Coating (Flat Wood Paneling)......... EPA-450/2-78-032--Control of X
Volatile Organic Emissions from
Existing Stationary Sources,
Volume VII: Factory Surface
Coating of Flat Wood Paneling.
Flat Wood Paneling Coatings............... EPA-453/R06-004--Control ............... X
Techniques Guidelines for Flat
Wood Paneling Coatings.
Paper, Film and Foil...................... EPA-453/R-07-004--Control ............... X
Techniques Guidelines for Paper,
Film, and Foil Coatings.
----------------------------------------------------------------------------------------------------------------
(3) Santa Barbara County Air Pollution Control District.
(i) Industrial Wastewater, Plastic Parts Coating: Business Machines,
Plastic Parts Coating: Other, Industrial Cleaning Solvents, Offset
Lithography, and Shipbuilding Coatings were submitted on July 12, 1996
and adopted on May 16, 1996.
(ii) Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch
Processing, SOCMI Reactors, and SOCMI Distillation; and Wood Furniture
Manufacturing Operations were submitted on April 9, 2002 and adopted on
February 21, 2002.
(4) Placer County Air Pollution Control District.
(i) Aerospace Coatings; Industrial Waste Water Treatment; Plastic
Parts Coating: Business Machines; Plastic Parts Coating: Other;
Shipbuilding and Repair; Synthetic Organic Chemical Manufacturing, Batch
Plants; and Synthetic Organic Chemical Manufacturing, Reactors were
submitted on February 25, 1998 and adopted on October 7, 1997.
(ii)
------------------------------------------------------------------------
Negative declaration--CTG reference
CTG source category document
------------------------------------------------------------------------
Aerospace......................... EPA-453/R-97-004--Control of VOC
Emissions from Coating Operations
at Aerospace Manufacturing and
Rework Operations.
Automobile and Light-duty Truck EPA-450/2-77-008--Control of
Assembly Coatings. Volatile Organic Emissions from
Existing Stationary Sources--Volume
II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
EPA 450/R-08-006--Control Techniques
Guidelines for Automobile and Light-
duty Truck Assembly Coatings.
Dry Cleaning (Petroleum).......... EPA-450/3-82-009--Control of
Volatile Organic Compound Emissions
from Large Petroleum Dry Cleaners.
Fiberglass Boat Manufacturing..... EPA 453/R-08-004--Control Techniques
Guidelines for Fiberglass Boat
Manufacturing Materials.
Flexible Package Printing......... EPA-453/R-06-003--Control Techniques
Guidelines for Flexible Package
Printing.
Large Appliances Surface Coatings. EPA-450/2-77-034--Control of
Volatile Organic Emissions from
Existing Stationary Sources, Volume
V: Surface Coating of Large
Appliances.
EPA 453/R-07-004--Control Techniques
Guidelines for Large Appliance
Coatings.
Magnetic Wire..................... EPA-450/2-77-033--Control of
Volatile Organic Emissions from
Existing Stationary Sources, Volume
IV: Surface Coating of Insulation
of Magnetic Wire.
Metal Furniture Coatings.......... EPA-450/2-77-032--Control of
Volatile Organic Emissions from
Existing Stationary Sources, Volume
III: Surface Coating of Metal
Furniture.
EPA 453/R-07-005--Control Techniques
Guidelines for Metal Furniture
Coatings.
Natural Gas/Gasoline.............. EPA-450/2-83-007--Control of VOC
Equipment Leaks from Natural Gas/
Gasoline Processing Plants.
Paper and Fabric.................. EPA-450/2-77-008--Control of
Volatile Organic Emissions from
Existing Stationary Sources--Volume
II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Paper, Film, and Foil Coatings.... EPA 453/R-07-003--Control Techniques
Guidelines for Paper, Film, and
Foil Coatings.
Pharmaceutical Products........... EPA-450/2-78-029--Control of
Volatile Organic Emissions from
Manufacture of Synthesized
Pharmaceutical Products.
Refineries........................ EPA-450/2-77-025--Control of
Refinery Vacuum Producing Systems,
Wastewater Separators, and Process
Unit Turnarounds.
EPA-450/2-78-036--Control of VOC
Leaks from Petroleum Refinery
Equipment.
Rubber Tires...................... EPA-450/2-78-030--Control of
Volatile Organic Emissions from
Manufacture of Pneumatic Rubber
Tires.
Ships/Marine Coating.............. EPA-453/R-94-032 Alternative Control
Technology Document--Surface
Coating Operations at Shipbuilding
and Ship Repair Facilities and
Ships 61 FR 44050 Shipbuilding and
Ship Repair Operations (Surface
Coating).
Synthetic Organic Chemical........ EPA-450/3-84-015--Control of VOC
Emissions from Air Oxidation
Processes in Synthetic Organic
Chemical Manufacturing Industry.
[[Page 558]]
EPA-450/4-91-031--Control of VOC
Emissions from Reactor Processes
and Distillation Operations in
SOCMI.
------------------------------------------------------------------------
(iii) Submitted on April 14, 2014 and adopted on February 13, 2014.
(iv) Polyester Resin was submitted on July 18, 2014 and adopted on
April 10, 2014.
(5) San Diego County Air Pollution Control District.
(i) Synthetic organic chemical manufacturing (distillation),
synthetic organic chemical manufacturing (reactors), wood furniture,
plastic parts coatings (business machines), plastic parts coatings
(other), offset lithography, industrial wastewater, autobody
refinishing, and volatile organic liquid storage were submitted on
February 25, 1998 and adopted on October 22, 1997.
(6) Antelope Valley Air Pollution Control District.
(i) Motor Vehicle Assembly Line Coating Operations submitted on
January 12, 1999 and adopted on November 18, 1997.
(ii) Refinery Process Turnarounds submitted on February 16, 1999 and
adopted on November 18, 1997.
(iii) Marine Vessel Coating Operations, Marine Tank Vessel
Operations, and Thermal Enhanced Oil Recovery Wells submitted on June
23, 1998 and adopted on January 20, 1998.
(iv) Pharmaceuticals and Cosmetic Manufacturing Operations submitted
on March 28, 2000 and adopted on January 18, 2000.
(v) Metal Container, Closure and Coil Coating Operations and Magnet
Wire Coating Operations submitted on June 3, 2004 and adopted on
February 17, 2004.
(vi) Control of Volatile Compound Emissions from Resin Manufacturing
and Surfactant Manufacturing submitted on July 19, 2004 and adopted on
March 16, 2004.
(vii) Large Appliances, Surface Coating; Wood Furniture Surface
Coating; Gasoline Bulk Plants, Equipment Leaks from Natural Gas/Gasoline
Processing Plants; Leaks from Petroleum Refinery Equipment; Air
Oxidation Processes (SOCMI); Reactor and Distillation Processes (SOCMI);
Tank Truck Gasoline Loading Terminals 76,000 L; Manufacture
of Synthesized Pharmaceutical Products; Manufacture of Pneumatic Rubber
Tires; Manufacture of High Density Polyethylene, Polypropylene and
Polystyrene; Equipment Used in Synthetic Organic Chemical Polymers and
Resin Manufacturing; Refinery Vacuum-Producing Systems, Wastewater
Separators and Process Unit Turnarounds; and Magnetic Wire Coating
Operations submitted on January 31, 2007 and adopted on September 19,
2006.
(viii) Ship Repair Operations; Storage of Petroleum Liquids in Fixed
Roof Tanks; and Petroleum Liquid Storage in External Floating Roof Tanks
submitted on January 7, 2011 and adopted on October 19, 2010.
(ix) Petroleum Coke Calcining Operations--Oxides of Sulfur submitted
on June 20, 2011 and adopted on January 18, 2011.
(x) The following negative declarations for the 2008 ozone NAAQS
were adopted by the District on July 21, 2015 and submitted to EPA on
October 23, 2015.
------------------------------------------------------------------------
CTG source category CTG reference document
------------------------------------------------------------------------
Bulk Gasoline Plants.............. Control of Volatile Organic
Emissions from Bulk Gasoline Plants
(EPA-450/2-77-035, 12/1977).
Coils............................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks
(EPA-450/2-77-008, 05/1977).
Fiberglass Boat Manufacturing Control Techniques Guidelines for
Materials. Fiberglass Boat Manufacturing
Materials (EPA-453/R-08-004, 09/
2008).
Fixed-Roof Tanks.................. Control Volatile Organic Emissions
from Storage of Petroleum Liquids
in Fixed-Roof Tanks (EPA-450/2-77-
036, 12/1977).
Flat Wood Paneling................ Control Techniques Guidelines for
Flat Wood Paneling Coatings (EPA-
453/R-06-004, 09/2006).
[[Page 559]]
Floating-Roof Tanks............... Control of Volatile Organic
Emissions from Petroleum Liquid
Storage in External Floating Roof
Tanks (EPA-450/2-78-047, 12/1978).
Insulation of Magnet Wire......... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume IV: Surface Coating
of Insulation of Magnet Wire (EPA-
450/2-77-033, 12/1977).
Large Appliance Coatings.......... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume V: Surface Coating
of Large Appliances (EPA-450/2-77-
034, 12/1977).
Control Techniques Guidelines for
Large Appliance Coatings (EPA-453/R-
07-004, 09/2007).
Large Petroleum Dry Cleaners...... Control of Volatile Organic Compound
Emissions from Large Petroleum Dry
Cleaners (EPA-450/3-82-009, 09/
1982).
Manufacture of High-Density Control of Volatile Organic Compound
Polyethylene, Polypropylene, and Emissions from Manufacture of High-
Polystyrene Resins. Density Polyethylene,
Polypropylene, and Polystyrene
Resins (EPA-450/3-83-008, 11/1983).
Metal Furniture Coating........... Control Techniques Guidelines for
Metal Furniture Coatings (EPA-453/R-
07-005, 09/2007).
Natural Gas/Gasoline Processing Control of Volatile Organic Compound
Plants. Leaks from Natural Gas/Gasoline
Processing Plants (EPA-450/3-83-
007, 12/1983).
Petroleum Refinery Equipment...... Control of Volatile Organic Compound
Leaks from Petroleum Refinery
Equipment (EPA-450/2-78-036, 06/
1978).
Pneumatic Rubber Tires............ Control of Volatile Organic
Emissions from Manufacture of
Pneumatic Rubber Tires (EPA-450/2-
78-030, 12/1978).
Refinery Vacuum Producing Systems, Control of Refinery Vacuum Producing
Wastewater Separators, and Systems, Wastewater Separators, and
Process Unit Turnarounds. Process Unit Turnarounds (EPA-450/2-
77-025, 10/1977).
Shipbuilding and Ship Repair Control Techniques Guidelines for
Surface Coating Operations. Shipbuilding and Ship Repair
Operations (Surface Coating) (61 FR
44050, 08/27/96) and EPA-453/R-94-
032, 04/1994.
Synthesized Pharmaceutical Control of Volatile Organic
Products. Emissions from Manufacture of
Synthesized Pharmaceutical Products
(EPA-450/2-78-029, 12/1978).
Synthetic Organic Chemical Control Volatile Organic Compound
Manufacturing Industry. Emissions from Air Oxidation
Processes in Synthetic Organic
Chemical Manufacturing Industry
(EPA-450/3-84-015, 12/1984).
Control of Volatile Organic Compound
Emissions from Reactor Processes
and Distillation Operations in
Synthetic Organic Chemical
Manufacturing Industry (EPA-450/4-
91-031, 08/1993).
Synthetic Organic Chemical Polymer Control of Volatile Organic Compound
and Resin Manufacturing Equipment. Leaks from Synthetic Organic
Chemical Polymer and Resin
Manufacturing Equipment (EPA-450/3-
83-006, 03/1984).
Wood Furniture Manufacturing Control of Volatile Organic Compound
Coating Operations. Emissions from Wood Furniture
Manufacturing Operations (EPA-453/R-
96-007, 04/1996).
------------------------------------------------------------------------
(xi) The following negative declarations were adopted by the
District on December 20, 2016 and submitted to EPA on June 7, 2017.
Negative Declarations for the 1997 Ozone NAAQS
------------------------------------------------------------------------
CTG source category CTG reference document
------------------------------------------------------------------------
Can Coating....................... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks
(EPA-450/2-77-008, 05/1977).
Flat Wood Paneling Coating........ Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume VII: Factory
Surface Coating of Flat Wood
Paneling (EPA-450/2-78-032, 06/
1978).
Large Petroleum Dry Cleaning...... Control of Volatile Organic Compound
Emissions from Large Petroleum Dry
Cleaners (EPA-450/3-82-009, 09/
1982).
------------------------------------------------------------------------
Negative Declarations for the 2008 Ozone NAAQS
------------------------------------------------------------------------
CTG source category CTG reference document
------------------------------------------------------------------------
Can Coating....................... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume II: Surface Coating
of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks
(EPA-450/2-77-008, 05/1977).
Drum Coating...................... Control Techniques Guidelines for
Miscellaneous Metal and Plastic
Parts Coatings (EPA-453/R-08-003,
09/2008).
Flat Wood Paneling Coating........ Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume VII: Factory
Surface Coating of Flat Wood
Paneling (EPA-450/2-78-032, 06/
1978).
Metal Furniture Coating........... Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume III: Surface
Coating of Metal Furniture (EPA-450/
2-77-032, 12/1977).
Pleasure Craft Coating............ Control Techniques Guidelines for
Miscellaneous Metal and Plastic
Parts Coatings (EPA-453/R-08-003,
09/2008).
[[Page 560]]
Tank Truck Gasoline Loading Control of Hydrocarbons from Tank
Terminals. Truck Gasoline Loading Terminals
(EPA-450/2-77-026, 10/1977).
------------------------------------------------------------------------
(7) El Dorado County Air Pollution Control District.
(i) Bulk Terminal Facilities or External or Internal Floating Roof
Tank Sources was submitted on May 23, 2001 and adopted on April 3, 2001.
(ii) Control of VOC Emissions from Existing Stationary Sources,
Volume VI: Surface Coating of Miscellaneous Metal Parts and Products;
Control of VOC Emissions from Solvent Metal Cleaning; and Control of VOC
Emissions from Existing Stationary Sources, Volume VIII: Graphic Arts--
Rotogravure and Flexography submitted on September 30, 2013 and adopted
on December 11, 2012.
(iii) Control of VOC Emissions from Coating Operations at Aerospace
Manufacturing and Rework; Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and Light-Duty Trucks; Control of Volatile
Organic Emissions from Existing Stationary Sources, Volume V: Surface
Coating of Large Appliances; Control of Volatile Organic Emissions from
Existing Stationary Sources, Volume IV: Surface Coating of Insulation of
Magnet Wire; Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume III: Surface Coating of Metal Furniture; 61
FR 44050 Shipbuilding and Ship Repair Operations (Surface Coating);
Control of Volatile Organic emissions from Existing Stationary Sources,
Volume VII: Factory Surface Coating of Flat Wood Paneling; Control of
VOC Emissions from Wood Furniture Manufacturing Operations; Control of
VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants; Control
of Refinery Vacuum Producing Systems, Wastewater Separators, and Process
Unit Turnarounds; Control of VOC Leaks from Petroleum Refinery
Equipment; Control of VOC Emissions from Air Oxidation Processes in
Synthetic Organic Chemical Manufacturing Industry; Control of VOC
Emissions from Reactor Processes and Distillation Operations in SOCMI;
Control of VOC Emissions from Storage of Petroleum Liquids in Fixed Roof
Tanks; Control of VOC Emissions from Petroleum Liquid Storage in
External Floating Roof Tanks; Control of VOC Emissions from Large
Petroleum Dry Cleaners; Control of Volatile Organic Emissions from
Manufacture of Synthesized Pharmaceutical Products; Control of VOC
Emissions from Manufacture of High-Density Polyethylene, Polypropylene,
and Polystyrene Resins; Control of VOC Fugitive Emissions from Synthetic
Organic Chemical Polymer and Resin Manufacturing Equipment; and Control
of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires
were submitted on July 11, 2007 and adopted on February 6, 2007.
(iv) The following negative declarations for the 2008 NAAQS were
adopted by the El Dorado County Air Quality Management District on
January 3, 2017, and submitted to the EPA on January 4, 2017.
Negative Declarations for the 2008 Ozone NAAQS
----------------------------------------------------------------------------------------------------------------
CTG document No. Title
----------------------------------------------------------------------------------------------------------------
EPA-450/2-77-008............................... Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume II: Surface Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and Light-Duty Trucks.
EPA-450/2-77-022............................... Control of Volatile Organic Emissions from Solvent Metal
Cleaning.
EPA-450/2-77-025............................... Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds.
EPA-450/2-77-026............................... Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals.
EPA-450/2-77-032............................... Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume III: Surface Coating of Metal Furniture.
EPA-450/2-77-033............................... Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume IV: Surface Coating of Insulation of Magnet
Wire.
[[Page 561]]
EPA-450/2-77-034............................... Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume V: Surface Coating of Large Appliances.
EPA-450/2-77-036............................... Control of Volatile Organic Emissions from Storage of Petroleum
Liquids in Fixed-Roof Tanks.
EPA-450/2-78-015............................... Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VI: Surface Coating of Miscellaneous Metal
Parts and Products.
EPA-450/2-78-029............................... Control of Volatile Organic Emissions from Manufacture of
Synthesized Pharmaceutical Products.
EPA-450/2-78-030............................... Control of Volatile Organic Emissions from Manufacture of
Pneumatic Rubber Tires.
EPA-450/2-78-032............................... Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VII: Factory Surface Coating of Flat Wood
Paneling.
EPA-450/2-78-033............................... Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume VIII: Graphic Arts-Rotogravure and
Flexography.
EPA-450/2-78-036............................... Control of Volatile Organic Compound Leaks from Petroleum
Refinery Equipment.
EPA-450/2-78-047............................... Control of Volatile Organic Emissions from Petroleum Liquid
Storage in External Floating Roof Tanks.
EPA-450/3-82-009............................... Control of Volatile Organic Compound Emissions from Large
Petroleum Dry Cleaners.
EPA-450/3-83-006............................... Control of Volatile Organic Compound Leaks from Synthetic
Organic Chemical Polymer and Resin Manufacturing Equipment.
EPA-450/3-83-007............................... Control of Volatile Organic Compound Equipment Leaks from
Natural Gas/Gasoline Processing Plants.
EPA-450/3-83-008............................... Control of Volatile Organic Compound Emissions from Manufacture
of High-Density Polyethylene, Polypropylene, and Polystyrene
Resins.
EPA-450/3-84-015............................... Control of Volatile Organic Compound Emissions from Air
Oxidation Processes in Synthetic Organic Chemical
Manufacturing Industry.
EPA-450/4-91-031............................... Control of Volatile Organic Compound Emissions from Reactor
Processes and Distillation Operations in Synthetic Organic
Chemical Manufacturing Industry.
EPA-453/R-96-007............................... Control of Volatile Organic Compound Emissions from Wood
Furniture Manufacturing Operations.
EPA-453/R-94-032 61 FR 44050; 8/27/96 Alternative Control Technology Document--Surface Coating
Operations at Shipbuilding and Ship Repair Facilities Control
Techniques Guidelines for Shipbuilding and Ship Repair
Operations (Surface Coating).
EPA-453/R-97-004 59 FR 29216; 6/6/94........... Aerospace MACT and Aerospace (CTG & MACT).
EPA-453/R-06-001............................... Control Techniques Guidelines for Industrial Cleaning Solvents.
EPA-453/R-06-002............................... Control Techniques Guidelines for Offset Lithographic Printing
and Letterpress Printing.
EPA-453/R-06-003............................... Control Techniques Guidelines for Flexible Package Printing.
EPA-453/R-06-004............................... Control Techniques Guidelines for Flat Wood Paneling Coatings
EPA 453/R-07-003............................... Control Techniques Guidelines for Paper, Film, and Foil
Coatings.
EPA 453/R-07-004............................... Control Techniques Guidelines for Large Appliance Coatings.
EPA 453/R-07-005............................... Control Techniques Guidelines for Metal Furniture Coatings.
EPA 453/R-08-003............................... Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings.
EPA 453/R-08-004............................... Control Techniques Guidelines for Fiberglass Boat Manufacturing
Materials.
EPA 453/R-08-005............................... Control Techniques Guidelines for Miscellaneous Industrial
Adhesives.
EPA 453/R-08-006............................... Control Techniques Guidelines for Automobile and Light-Duty
Truck Assembly Coatings.
EPA 453/B16-001................................ Control Techniques Guidelines for the Oil and Natural Gas
Industry.
----------------------------------------------------------------------------------------------------------------
Major non-CTG VOC sources.
Major non-CTG NOX sources.
----------------------------------------------------------------------------------------------------------------
(8) San Joaquin Valley Unified Air Pollution Control District.
(i) Synthesized Pharmaceutical Products Manufacturing and Coating
Operations at Shipbuilding/Ship Repair Facilities submitted on June 18,
2009 and adopted on April 16, 2009.
(ii) Rubber Tire Manufacturing submitted on June 20, 2011 and
adopted on September 20, 2010.
(iii) The following negative declarations for the 2008 NAAQS were
adopted by the San Joaquin Valley Unified Air Pollution Control District
on June 21, 2018, and submitted to the EPA on June 29, 2018.
Negative Declarations for the 2008 Ozone NAAQS
------------------------------------------------------------------------
CTG document No. Title
------------------------------------------------------------------------
EPA-450/2-77-033.................. Control of Volatile Organic
Emissions from Existing Stationary
Sources--Volume IV: Surface Coating
of Insulation of Magnet Wire.
[[Page 562]]
EPA-450/2-78-029.................. Control of Volatile Organic
Emissions from Manufacture of
Synthesized Pharmaceutical
Products.
EPA-450/2-78-030.................. Control of Volatile Organic
Emissions from Manufacture of
Pneumatic Rubber Tires.
EPA-450/3-83-006.................. Control of Volatile Organic Compound
Leaks from Synthetic Organic
Chemical Polymer and Resin
Manufacturing Equipment.
EPA-450/3-83-008.................. Control of Volatile Organic Compound
Emissions from Manufacture of High-
Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
EPA-450/3-84-015.................. Control of Volatile Organic Compound
Emissions from Air Oxidation
Processes in Synthetic Organic
Chemical Manufacturing Industry.
EPA-450/4-91-031.................. Control of Volatile Organic Compound
Emissions from Reactor Processes
and Distillation Operations in
Synthetic Organic Chemical
Manufacturing Industry.
EPA-453/R-94-032.................. Alternative Control Technology
Document--Surface Coating
Operations at Shipbuilding and Ship
Repair Facilities
61 FR 44050 8/27/96............... Control Techniques Guidelines for
Shipbuilding and Ship Repair
Operations (Surface Coating).
------------------------------------------------------------------------
(9) Northern Sierra Air Quality Management District.
(i) Flexible Package Printing, Flat Wood Paneling Coatings, Paper,
Film, and Foil Coatings, Large Appliance Coatings, Metal Furniture
Coatings, Industrial Cleaning Solvents, and Offset Lithographic Printing
and Letterpress Printing were submitted on August 14, 2008 and adopted
on May 19, 2008.
(ii) Fiberglass Boat Manufacturing Materials, Miscellaneous
Industrial Adhesives, and Automobile and Light-Duty Truck Assembly
Coatings were submitted on May 17, 2011 and adopted on April 25, 2011.
(iii) EPA-453/R-97-004 Aerospace CTG and MACT; EPA-450/2-77-008
Control of Volatile Organic Emissions from Existing Stationary Sources--
Volume II: Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles,
and Light-Duty Trucks; EPA-450/2-78-032, Control of Volatile Organic
Emissions from Existing Stationary Sources--Volume VII: Factory Surface
Coating of Flat Wood Paneling; EPA-450/2-77-026, Control of Hydrocarbons
from Tank Truck Gasoline Loading Terminals; EPA-450/2-78-033, Control of
Volatile Organic Emissions from Existing Stationary Sources--Volume III:
Graphic Arts--Rotogravure and Flexography; EPA-450/2-77-034 Control of
Volatile Organic Emissions from Existing Stationary Sources--Volume V:
Surface Coating of Large Appliances; EPA-450/3-82-009, Control of
Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners;
EPA-450/2-77-033 Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume IV: Surface Coating of Insulation of Magnet
Wire; EPA-450/2-77-032 Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume III: Surface Coating of Metal
Furniture; EPA-450-83-007, Control of Volatile Organic Compound
Equipment Leaks from Natural Gas/Gasoline Processing Plants; EPA-450/2-
78-047, Control of Volatile Organic Compound Emissions from Petroleum
Liquid Storage in External Floating Roof Tanks; EPA-450/2-77-025 Control
of Refinery Vacuum Producing Systems, Wastewater Separators, and Process
Unit Turnarounds; EPA-450/2-78-036 Control of Volatile Organic Compound
Leaks from Petroleum Refinery Equipment; EPA-450/2-78-029 Control of
Volatile Organic Emissions from Manufacture of Synthesized
Pharmaceutical Products; EPA-450/2-78-030 Control of Volatile Organic
Emissions from Manufacture of Pneumatic Rubber Tires; EPA-450/3-83-008
Control of Volatile Organic Compound Emissions from Manufacture of High-
Density Polyethylene, Polypropylene, and Polystyrene Resins; EPA-450/3-
83-006 Control of Volatile Organic Compound Leaks from Synthetic Organic
Chemical Polymer and Resin Manufacturing Equipment; EPA-450/3-94-032,
Shipbuilding/Repair; EPA-450/2-77-022, Control of Volatile Organic
Emissions from Solvent Metal Cleaning; EPA-450/3-84-015 Control of
Volatile Organic Compound Emissions from
[[Page 563]]
Air Oxidation Processes in Synthetic Organic Chemical Manufacturing
Industry; EPA-450/4-91-031 Control of Volatile Organic Compound
Emissions from Reactor Processes and Distillation Operations in
Synthetic Organic Chemical Manufacturing Industry; EPA-453/R-96-007,
Wood Furniture.
(10) Ventura County Air Pollution Control District.
(i) EPA-453/R06-004 Control Techniques Guidelines for Flat Wood
Paneling Coatings; EPA-453/R-07-004 Control Techniques Guidelines for
Large Appliance Coatings; EPA-453/R-07-003 Control Techniques Guidelines
for Paper, Film, and Foil Coatings; EPA-452/R-08-006 Control Techniques
Guidelines for Automobile and Light-Duty Truck Assembly Coatings; EPA
453/R-08-005 Control Techniques Guidelines for Miscellaneous Industrial
Adhesives; EPA 453/R-06-003 Control Techniques Guidelines for Flexible
Package Printing; EPA 453/R-07-005 Control Techniques Guidelines for
Metal Furniture Coatings; and EPA 453/R-08-004 Control Techniques
Guidelines for Fiberglass Boat Manufacturing Materials were submitted on
November 17, 2009 and adopted on September 15, 2009.
(ii) Negative declarations for the 2008 8-hour ozone standard: EPA-
453/R-97-004 Aerospace CTG and MACT; EPA-450/2-77-008 Control of
Volatile Organic Emissions from Existing Stationary Sources--Volume II:
Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-
Duty Trucks; EPA 453/R-08-006 Control Techniques Guidelines for
Automobile and Light-Duty Truck Assembly Coatings; EPA-450/2-78-032,
Control of Volatile Organic Emissions from Existing Stationary Sources--
Volume VII: Factory Surface Coating of Flat Wood Paneling; EPA-453/R-06-
004, Control Techniques Guidelines for Flat Wood Paneling Coatings; EPA-
453/R-06-003 Control Techniques Guidelines for Flexible Package
Printing; EPA-450/2-77-034 Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume V: Surface Coating of Large
Appliances; EPA 453/R-07-004 Control Techniques Guidelines for Large
Appliance Coatings; EPA-450/2-77-033 Control of Volatile Organic
Emissions from Existing Stationary Sources--Volume IV: Surface Coating
of Insulation of Magnet Wire; EPA-450/2-77-032 Control of Volatile
Organic Emissions from Existing Stationary Sources--Volume III: Surface
Coating of Metal Furniture; EPA 453/R-07-005 Control Techniques
Guidelines for Metal Furniture Coatings; EPA 453/R-07-003 Control
Techniques Guidelines for Paper, Film, and Foil Coatings; EPA-450/2-77-
025 Control of Refinery Vacuum Producing Systems, Wastewater Separators,
and Process Unit Turnarounds; EPA-450/2-78-036 Control of Volatile
Organic Compound Leaks from Petroleum Refinery Equipment; EPA 453/R-08-
004 Control Techniques Guidelines for Fiberglass Boat Manufacturing
Materials; EPA 453/R-08-005 Control Techniques Guidelines for
Miscellaneous Industrial Adhesives; EPA-450/2-78-029 Control of Volatile
Organic Emissions from Manufacture of Synthesized Pharmaceutical
Products; EPA-450/2-78-030 Control of Volatile Organic Emissions from
Manufacture of Pneumatic Rubber Tires; EPA-450/3-83-008 Control of
Volatile Organic Compound Emissions from Manufacture of High-Density
Polyethylene, Polypropylene, and Polystyrene Resins; EPA-450/3-83-006
Control of Volatile Organic Compound Leaks from Synthetic Organic
Chemical Polymer and Resin Manufacturing Equipment; EPA-450/3-84-015
Control of Volatile Organic Compound Emissions from Air Oxidation
Processes in Synthetic Organic Chemical Manufacturing Industry; EPA-450/
4-91-031 Control of Volatile Organic Compound Emissions from Reactor
Processes and Distillation Operations in Synthetic Organic Chemical
Manufacturing Industry; EPA-450/3-82-009 Control of Volatile Organic
Compound Emissions from Large Petroleum Dry Cleaners were submitted on
July 18, 2014 and adopted on June 10, 2014.
(11) Feather River Air Quality Management District.
[[Page 564]]
----------------------------------------------------------------------------------------------------------------
2006 RACT 2009 RACT 2014 RACT
Negative declaration CTG SIP SIP SIP
CTG source category reference document submitted submitted submitted
7/11/07 10/27/09 9/29/14
----------------------------------------------------------------------------------------------------------------
Aerospace................................... EPA-453/R-97-004--Control of X .......... X
VOC Emissions from Coating
Operations at Aerospace
Manufacturing and Rework.
Automobile Coating; Metal Coil Container, & EPA-450/2-77-008--Control of X .......... X
Closure; Paper & Fabric. Volatile Organic Emissions
from Existing Stationary
Sources--Volume II Surface
Coating of Cans, Coils,
Paper, Fabrics, Automobiles,
and Light-Duty Trucks.
Automobile and Light-Duty Truck Assembly EPA-453/R-08-006--Control .......... X X
Coatings. Techniques Guidelines for
Automobile and Light-Duty
Assembly Coatings.
Cutback Asphalt............................. EPA-450/2-77-037--Control of X .......... X
Volatile Organic Emissions
from Use of Cutback Asphalt.
Dry Cleaning................................ EPA-450/3-82-009--Control of X .......... X
Volatile Organic Compound
Emissions from Large
Petroleum Dry Cleaners.
Flat Wood Paneling Coatings................. EPA-453/R-06-004--Control .......... X X
Techniques Guidelines for
Flat Wood Paneling Coatings.
Fiberglass Boat Manufacturing Materials..... EPA-453/R-08-004--Control .......... X X
Techniques Guidelines for
Fiberglass Boat Manufacturing
Materials.
Flexible Package Printing................... EPA-453/R06-003--Control .......... X X
Techniques Guidelines for
Flexible Package Printing.
Gasoline Loading Terminal................... EPA-450/2-77-026--Control of X .......... X
Hydrocarbons from Tank Truck
Gasoline Loading Terminals.
Gasoline Trucks............................. EPA-450/2-78-051--Control of X .......... X
Volatile Organic Compound
Leaks from Gasoline Tank
Trucks and Vapor Collection
Systems.
Gasoline Bulk Plants........................ EPA-450/2-77-035--Control of X .......... X
Volatile Organic Emissions
from Gasoline Bulk Plants.
Graphic Arts Rotogravure and Flexography.... EPA-450/2-78-033--Control of X .......... X
Volatile Organic Emissions
from Existing Stationary
Sources--Volume VIII:
Rotogravure and Flexography.
Industrial Cleaning Solvents................ EPA-453/R-06-001--Control X X X
Techniques Guidelines for
Industrial Cleaning Solvents.
Large Appliance Coating..................... EPA-450/2-77-034--Control of X .......... X
Volatile Organic Emissions
from Existing Stationary
Sources, Volume V: Surface
Coating of Large Appliances.
Large Appliance Coating..................... EPA-453/R-07-004--Control .......... X X
Techniques for Large
Appliance Coatings.
Magnet Wire Coating......................... EPA-450/2-77-033--Control of X .......... X
Volatile Organic Emissions
from Existing Stationary
Sources--Volume IV: Surface
Coating of Insulation of
Magnet Wire.
Metal Can Coating; Metal Coil Coating....... EPA-450/2-77-008--Control of X .......... X
Volatile Organic Emissions
from Existing Stationary
Sources--Volume II: Surface
Coating of Cans, Coils,
Paper, Fabrics, Automobiles,
and Light-Duty Trucks.
Metal Furniture............................. EPA-450/2-77-032--Control of X .......... X
Volatile Organic Emissions
from Existing Stationary
Sources--Volume III: Surface
Coating of Metal Furniture.
Metal Furniture Coatings.................... EPA-453/R-07-005--Control .......... X X
Techniques Guidelines for
Metal Furniture Coatings.
Metal Parts and Products.................... EPA-450/2-78-015--Control of X .......... X
Volatile Organic Emissions
from Existing Stationary
Sources--Volume VI: Surface
Coating of Miscellaneous
Parts and Products.
Miscellaneous Industrial Adhesives.......... EPA-453/R-08-005--Control X X X
Techniques Guidelines for
Miscellaneous Industrial
Adhesives.
Miscellaneous Metal and Plastic Parts EPA-453/R-08-003--Control .......... X X
Coatings. Techniques Guidelines for
Miscellaneous Metal and
Plastic Parts Coatings.
Natural Gas/Gasoline........................ EPA-450/2-83-007--Control of X .......... X
VOC Equipment Leaks from
Natural Gas/Gasoline
Processing Plants.
Offset Lithographic Printing and Letterpress EPA-453/R-06-002--Control .......... X X
Printing. Techniques Guidelines for
Offset Lithographic Printing
and Letterpress Printing.
Paper and Fabric Coating.................... EPA-450/2-77-008--Control of X .......... X
Volatile Organic Emissions
from Existing Stationary
Sources--Volume II: Surface
Coating of Cans, Coils,
Paper, Fabrics, Automobiles,
and Light-Duty Trucks.
Paper, Film, and Foil Coatings.............. EPA-453/R-07-003--Control .......... X X
Techniques Guidelines for
Paper, Film, and Foil
Coatings.
Petroleum Liquid Storage Tanks.............. EPA-450/2-77-036--Control of X .......... X
VOC Emissions from Storage of
Petroleum Liquids in Fixed
Roof Tanks.
Petroleum Liquid Storage Tanks.............. EPA-450/2-78-047--Control of X .......... X
VOC Emissions from Petroleum
Liquid Storage in External
Floating Roof Tanks.
[[Page 565]]
Pharmaceutical Products..................... EPA-450/2-78-029--Control of X .......... X
Volatile Organic Emissions
from Manufacture of
Synthesized Pharmaceutical
Products.
Resin Manufacturing......................... EPA-450/3-83-008--Control of X .......... X
VOC Emissions from
Manufacture of High-Density
Polyethylene, Polypropylene,
and Polystyrene Resins.
Resin Manufacturing......................... EPA-450/3-83-006--Control of X .......... X
VOC Fugitive Emissions from
Synthetic Organic Chemical
Polymer and Resin
Manufacturing Equipment.
Refineries.................................. EPA-450/2-77-025--Control of X .......... X
Refinery Vacuum Producing
Systems, Wastewater
Separators, and Process Unit
Turnarounds.
Refineries.................................. EPA-450/2-78-036--Control of X .......... X
VOC Leaks from Petroleum
Refinery Equipment.
Rubber Tire Manufacturing................... EPA-450/2-78-030--Control of X .......... X
Volatile Organic Emissions
from Manufacture of Pneumatic
Rubber Tires.
Ship Coatings............................... 61 FR 44050 Shipbuilding and X .......... X
Ship Repair Operations
(Surface Coating).
Ship Coatings............................... EPA-453/R-94-032--Alternative .......... .......... X
Control Technology Document--
Surface Coating Operations at
Shipbuilding and Ship Repair
Operations (Surface Coating).
Solvent Cleaning Degreasers................. EPA-450/2-77-022--Control of X .......... X
Volatile Organic Emissions
from Solvent Metal Cleaning.
Synthetic Organic Chemical Manufacturing.... EPA-450/3-84-015--Control of X .......... X
VOC Emissions from Air
Oxidation Processes in
Synthetic Organic Chemical
Manufacturing Industry.
Synthetic Organic Chemical Manufacturing.... EPA-450/4-91-031--Control of X .......... X
VOC Emissions from Reactor
Processes and Distillation
Operations in Synthetic
Organic Chemical
Manufacturing Industry.
Wood Coating Factory Surface of Flat Wood EPA-450/2-78-032--Control of X .......... X
Paneling. Volatile Organic Emissions
from Existing Stationary
Sources--Volume VII: Factory
Surface of Flat Wood Paneling.
Wood Furniture Coating...................... EPA-453/R-96-007--Control of X .......... X
VOC Emissions from Wood
Furniture Manufacturing
Operations.
----------------------------------------------------------------------------------------------------------------
(12) Imperial County Air Pollution Control District.
(i)
------------------------------------------------------------------------
Negative declaration CTG
CTG Source category reference document
------------------------------------------------------------------------
Aerospace.............................. EPA-453/R-97-004, Aerospace CTG
and MACT.
Automobile and Light-duty Trucks, EPA-450/2-77-008, Control of
Surface Coating of. Volatile Organic Emissions
from Existing Stationary
Sources--Volume II: Surface
Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and
Light-Duty Trucks.
EPA-453/R-08-006, Control
Techniques Guidelines for
Automobile and Light-Duty
Truck Assembly Coatings.
Cans and Coils, Surface Coating of..... EPA-450/2-77-008, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume II: Surface
Coating of Cans, Coils, Paper,
Fabrics, Automobiles, and
Light-Duty Trucks.
Fiberglass Boat Manufacturing.......... EPA-453/R-08-004, Controls
Techniques Guidelines for
Fiberglass Boat Manufacturing.
Flat Wood Paneling, Surface Coating of. EPA-450/2-78-032, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume VII: Factory
Surface Coating of Flat Wood
Paneling.
EPA-453/R-06-004, Control
Techniques Guidelines for Flat
Wood Paneling Coatings.
Flexible Packing Printing.............. EPA-453/R-06-003, Control
Techniques Guidelines for
Flexible Package Printing.
Graphic Arts--Rotogravure and EPA-450/2-78-033, Control of
Flexography. Volatile Organic Emissions
from Existing Stationary
Sources, Volume III: Graphic
Arts--Rotogravure and
Flexography.
Large Appliances, Surface Coating of... EPA-450/2-77-034, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume V: Surface
Coating of Large Appliances.
[[Page 566]]
EPA-453/R-07-004, Control
Techniques Guidelines for
Large Appliance Coatings.
Large Petroleum Dry Cleaners........... EPA-450/3-82-009, Control of
Volatile Organic Compound
Emissions from Large Petroleum
Dry Cleaners.
Offset Lithographic Printing and EPA-453/R-06-002, Control
Letterpress Printing. Techniques Guidelines for
Offset Lithographic Printing
and Letterpress Printing.
Magnet Wire, Surface Coating for EPA-450/2-77-033, Control of
Insulation of. Volatile Organic Emissions
from Existing Stationary
Sources--Volume IV: Surface
Coating of Insulation of
Magnet Wire.
Metal Furniture Coatings............... EPA-450/2-77-032, Control of
Volatile Organic Emissions
from Existing Stationary
Sources--Volume III: Surface
Coating of Metal Furniture.
EPA-453/R-07-005, Control
Techniques Guidelines for
Metal Furniture Coatings.
Miscellaneous Metal and Plastic Parts EPA-453/R-08-003, Control
Coatings. Techniques Guidelines for
Miscellaneous Metal and
Plastic Parts Coatings.
Miscellaneous Metal Parts and Products, EPA-450/2-78-015, Control of
Surface Coating of. Volatile Organic Emissions
from Existing Stationary
Sources--Volume IV: Surface
Coating of Miscellaneous Metal
Parts and Products.
Miscellaneous Industrial Adhesives..... EPA-453/R-08-005, Control
Techniques Guidelines for
Miscellaneous Industrial
Adhesives.
Natural Gas/Gasoline Processing Plants EPA-450/2-83-007, Control of
Equipment Leaks. Volatile Organic Compound
Equipment Leaks from Natural
Gas/Gasoline Processing
Plants.
Paper, Film and Foil Coatings.......... EPA-453R-07-003, Control
Techniques Guidelines for
Paper, Film and Foil Coatings.
Petroleum Refineries................... EPA-450/2-77-025, Control of
Refinery Vacuum Producing
Systems, Wastewater
Separators, and Process Unit
Turnarounds.
EPA-450/2-78-036, Control of
Volatile Organic Compound
Leaks from Petroleum Refinery
Equipment.
Pharmaceutical Products................ EPA-450/2-78-029, Control of
Volatile Organic Emissions
from Manufacture of
Synthesized Pharmaceutical
Products.
Pneumatic Rubber Tires, Manufacture of. EPA-450/2-78-030, Control of
Volatile Organic Emissions
from Manufacture of Pneumatic
Rubber Tires.
Polyester Resin........................ EPA-450/3-83-008, Control of
Volatile Organic Compound
Emissions from Manufacture of
High-Density Polyethylene,
Polypropylene, and Polystyrene
Resins.
EPA-450/3-83-006, Control of
Volatile Organic Compound
Leaks from Synthetic Organic
Chemical Polymer and Resin
Manufacturing Equipment.
Shipbuilding/Repair.................... EPA-453/R-94-032, Shipbuilding/
Repair.
Synthetic Organic Chemical............. EPA-450/3-84-015, Control of
Volatile Organic Compound
Emissions from Air Oxidation
Processes in Synthetic Organic
Chemical Manufacturing
Industry.
EPA-450/4-91-031, Control of
Volatile Organic Compound
Emissions from Reactor
Processes and Distillation
Operations in Synthetic
Organic Chemical Manufacturing
Industry.
Wood Furniture......................... EPA-453/R-96-007, Wood
Furniture.
------------------------------------------------------------------------
(ii) Submitted on December 21, 2010 and adopted on July 13, 2010.
(13) South Coast Air Quality Management District.
(i) Negative declarations for the 2008 ozone standard: Control
Techniques Guidelines for Shipbuilding and Ship Repair Operations
(Surface Coating) including (published on August 27, 1996) and EPA 453/
R-94-032 Alternative Control Techniques Document: Surface Coating
Operations at Shipbuilding and Ship Repair Facilities; paper coating
portion of EPA 453/R-07-003 Control Techniques Guidelines for Paper,
Film, and Foil Coatings.
(ii) [Reserved]
(14) Yolo-Solano Air Quality Management District.
(i) The following negative declarations are for the 1997 8-hour
ozone NAAQS.
[[Page 567]]
----------------------------------------------------------------------------------------------------------------
Negative declaration CTG Submitted 1/31/07, Submitted 2/22/18,
CTG source category reference document adopted 9/13/06 adopted 1/10/18
----------------------------------------------------------------------------------------------------------------
Aerospace.......................... EPA-453/R-97-004 Aerospace X.....................
Manufacturing and Rework
Operations.
Ships.............................. 61 FR 44050 Shipbuilding X.....................
and Ship Repair.
Metal Coil Container and Closure... EPA-450/2-77-008 Surface X.....................
Coating of Cans, Coils,
Paper, Fabrics,
Automobiles, and Light-
Duty Trucks.
Magnetic Wire...................... EPA-450/2-77-033 Surface X.....................
Coating of Insulation of
Magnet Wire.
Natural Gas/Gasoline Processing EPA-450/2-83-007 Equipment X.....................
Plants, Equipment Leaks. Leaks from Natural Gas/
Gasoline Processing Plants.
Refineries......................... EPA-450/2-77-025 Refinery X.....................
Vacuum Producing Systems,
Wastewater Separators, and
Process Unit Turnarounds.
EPA-450/2-78-036 VOC Leaks X.....................
from Petroleum Refinery
Equipment.
Paper and Fabric................... EPA-450/2-77-008 Surface X.....................
Coating of Cans, Coils,
Paper, Fabrics,
Automobiles, and Light-
Duty Trucks.
Dry Cleaning....................... EPA-450/3-82-009 Large X.....................
Petroleum Dry Cleaners.
Rubber Tires....................... EPA-450/2-78-030 X.....................
Manufacture of Pneumatic
Rubber Tires.
Large Appliances, Surface Coating.. EPA-450/2-77-034 Surface X.....................
Coating of Large
Appliances.
Wood Coating....................... EPA-450/2-78-032 Factory X.....................
Surface of Flat Wood
Paneling.
Polyester Resin.................... EPA-450/3-83-006 Fugitive X.....................
Emissions from Synthetic
Organic Chemical Polymer
and Resin Manufacturing
Equipment.
EPA-450/3-83-008 X.....................
Manufacture of High-
Density Polyethylene,
Polypropylene, and
Polystyrene Resins.
Pharmaceutical Products............ EPA-450/2-78-029--Control ...................... X
of Volatile Organic
Emissions from Manufacture
of Synthesized
Pharmaceutical Products.
Wood Furniture Coating............. EPA-453/R-96-007--Control ...................... X
of Volatile Organic
Emissions from Wood
Furniture Manufacturing
Operations.
Synthetic Organic Chemical......... EPA-450/3-84-015--Control ...................... X
of Volatile Organic
Compound Emissions from
Air Oxidation Processes in
Synthetic Organic Chemical
Manufacturing Industry.
EPA-450/4-91-031--Control ...................... X
of Volatile Organic
Compound Emissions from
Reactor Processes and
Distillation Operations in
Synthetic Organic Chemical
Manufacturing Industry.
----------------------------------------------------------------------------------------------------------------
(ii) The following negative declarations are for the 1997 and 2008
8-hour ozone NAAQS and were adopted by the District on September 13,
2017 and submitted as part of Yolo-Solano AQMD's RACT SIP on November
13, 2017.
------------------------------------------------------------------------
Negative declaration CTG reference
CTG source category document
------------------------------------------------------------------------
Aerospace......................... EPA-453/R-97-004 Aerospace (CTG &
MACT).
Automobile and Light-Duty Truck EPA-450/2-77-008 Control of Volatile
Assembly Coatings. Organic Emissions from Existing
Stationary Sources--Volume II:
Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Automobile and Light-Duty Truck EPA 453/R-08-006 Control Techniques
Assembly Coatings. Guidelines for Automobile and Light-
Duty Truck Assembly Coatings.
Dry Cleaning...................... EPA-450/3-82-009 Control of Volatile
Organic Compound Emissions from
Large Petroleum Dry Cleaners.
Flat Wood Paneling Coatings....... EPA-450/2-78-032 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume VII:
Factory Surface Coating of Flat
Wood Paneling.
Flat Wood Paneling Coatings....... EPA-453/R-06-004 Control Techniques
Guidelines for Flat Wood Paneling
Coatings.
Flexible Package Printing......... EPA-453/R-06-003 Control Techniques
Guidelines for Flexible Package
Printing.
Graphic Arts Rotogravure and EPA-450/2-78-033 Control of Volatile
Flexography. Organic Emissions from Existing
Stationary Sources--Volume VIII:
Graphic Arts-Rotogravure and
Flexography.
Large Appliance Coating........... EPA-450/2-77-034 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume V:
Surface Coating of Large
Appliances.
Large Appliance Coating........... EPA 453/R-07-004 Control Techniques
Guidelines for Large Appliance
Coatings.
Magnet Wire Coating............... EPA-450/2-77-033 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume IV:
Surface Coating of Insulation of
Magnet Wire.
[[Page 568]]
Metal Can Coating; Metal Coil EPA-450/2-77-008 Control of Volatile
Coating. Organic Emissions from Existing
Stationary Sources--Volume II:
Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Metal Furniture Coatings.......... EPA-450/2-77-032 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume III:
Surface Coating of Metal Furniture.
Metal Furniture Coatings.......... EPA 453/R-07-005 Control Techniques
Guidelines for Metal Furniture
Coatings.
Miscellaneous Industrial Adhesives EPA 453/R-08-005 Control Techniques
Guidelines for Miscellaneous
Industrial Adhesives.
Miscellaneous Metal and Plastic EPA 453/R-08-003 Control Techniques
Parts. Guidelines for Miscellaneous Metal
and Plastic Parts Coatings (plastic
parts portion only).
Natural Gas/Gasoline.............. EPA-450/3-83-007 Control of Volatile
Organic Compound Equipment Leaks
from Natural Gas/Gasoline
Processing Plants.
Oil and Gas Industry.............. EPA 453/B-16-001 Control Techniques
Guidelines for the Oil and Natural
Gas Industry.
Paper and Fabric Coating.......... EPA-450/2-77-008 Control of Volatile
Organic Emissions from Existing
Stationary Sources--Volume II:
Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and
Light-Duty Trucks.
Paper, Film, and Foil Coatings.... EPA 453/R-07-003 Control Techniques
Guidelines for Paper, Film, and
Foil Coatings.
Petroleum Liquid Storage Tanks.... EPA-450/2-77-036 Control of Volatile
Organic Emissions from Storage of
Petroleum Liquids in Fixed-Roof
Tanks.
Resin Manufacturing............... EPA-450/3-83-008 Control of Volatile
Organic Compound Emissions from
Manufacture of High-Density
Polyethylene, Polypropylene, and
Polystyrene Resins.
Resin Manufacturing............... EPA-450/3-83-006 Control of Volatile
Organic Compound Leaks from
Synthetic Organic Chemical Polymer
and Resin Manufacturing Equipment.
Pharmaceutical Products........... EPA-450/2-78-029 Control of Volatile
Organic Emissions from Manufacture
of Synthesized Pharmaceutical
Products.
Refineries........................ EPA-450/2-78-036 Control of Volatile
Organic Compound Leaks from
Petroleum Refinery Equipment.
Refineries........................ EPA-450/2-77-025 Control of Refinery
Vacuum Producing Systems,
Wastewater Separators, and Process
Unit Turnarounds.
Rubber Tire Manufacturing......... EPA-450/2-78-030 Control of Volatile
Organic Emissions from Manufacture
of Pneumatic Rubber Tires.
Ship Coatings..................... 61 FR-44050 8/27/96 Control
Techniques Guidelines for
Shipbuilding and Ship Repair
Operations (Surface Coating).
Synthetic Organic Chemical EPA-450/3-84-015 Control of Volatile
Manufacturing. Organic Compound Emissions from Air
Oxidation Processes in Synthetic
Organic Chemical Manufacturing
Industry.
Synthetic Organic Chemical EPA-450/4-91-031 Control of Volatile
Manufacturing. Organic Compound Emissions from
Reactor Processes and Distillation
Operations in Synthetic Organic
Chemical Manufacturing Industry.
Wood Furniture Coating............ EPA-453/R-96-007 Control of Volatile
Organic Compound Emissions from
Wood Furniture Manufacturing
Operations.
------------------------------------------------------------------------
(b) The following air pollution control districts submitted negative
declarations for oxides of nitrogen source categories to satisfy the
requirements of section 182 of the Clean Air Act, as amended. The
following negative declarations are approved as additional information
to the State Implementation Plan.
(1) Sacramento Metropolitan Air Quality Management District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and
Steel Manufacturing Plants were submitted on March 4, 1996, and adopted
on August 3, 1995.
(2) San Joaquin Valley Unified Air Pollution Control District.
(i) Nitric and Adipic Acid Manufacturing Plants, Cement
Manufacturing Plants, Asphalt Batch Plants, Iron and Steel Manufacturing
Plants, and Driers were submitted on October 17, 1994 and adopted on
September 14, 1994.
(3) Placer County Air Pollution Control District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and
Steel Manufacturing Plants were submitted on February 25, 1998 and
adopted on October 9, 1997.
(4) Antelope Valley Air Pollution Control District.
(i) Boilers and Process Heaters In Petroleum Refineries submitted on
May 13, 1999 and adopted on April 21, 1998.
(ii) Cement Kilns and Glass Melting Furnaces submitted on July 23,
1999 and adopted on March 16, 1999.
(iii) Nitric Acid Units submitted on March 28, 2000 and adopted on
January 18, 2000.
[60 FR 47076, Sept. 11, 1995]
[[Page 569]]
Editorial Note: For Federal Register citations affecting Sec.
52.222, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.223 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves California's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act.
(b) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph. In addition, continued satisfaction of the requirements of
Part D for the ozone portion of the State Implementation Plan (SIP)
depends on the adoption and submittal of reasonably available control
technology (RACT) requirements by July 1, 1980, for sources covered by
Control Technique Guidelines (CTGs) issued between January 1978 and
January 1979 and adoption and submittal by each subsequent January of
additional RACT requirements for sources covered by CTGs issued by the
previous January.
(1) Imperial County for O3.
(2) North Central Coast Air Basin for O3.
(3) South Coast Air Basin for O3, CO, NO2, and
PM.
(4) San Diego Air Basin for O3, CO, and TSP.
(5) San Joaquin Valley Air Basin.
(i) Kern County nonattainment area for ozone, CO, SO2,
and PM.
(ii) Kings County for O3 and TSP.
(iii) Madera County for O3 and TSP.
(iv) Merced County for O3 and TSP.
(v) San Joaquin County for CO, O3 and TSP.
(vi) Stanislaus County for CO, O3 and TSP.
(vii) Tulare County for O3 and TSP.
(viii) Fresno County for O3, CO, and TSP.
(6) South Central Coast Air Basin.
(i) Santa Barbara County nonattainment area for O3, CO
and TSP.
(ii) Ventura County for O3, CO and TSP.
(7) Sacramento Valley Air Basin.
(i) Butte County for O3 and CO.
(ii) Sutter County for O3.
(iii) Yuba County for O3.
(iv) Sacramento AQMA for O3.
(v) Sacramento County Metropolitan Area for CO.
(8) Southeast Desert Air Basin.
(i) Los Angeles County for Ozone.
(ii) San Bernardino County for Ozone.
(iii) Riverside County for Ozone.
(9) San Francisco Bay Area Air Basin for O3, CO and TSP.
(10) Mountain Counties Air Basin.
(i) El Dorado County (Mountain Counties Air Basin portion) for
O3.
(ii) Placer County (Mid-County portion) for O3.
(c) [Reserved]
(d) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph.
(1) Lake Tahoe Basin for CO.
(2) EPA approves the CO plan for the Lake Tahoe Basin as meeting the
requirements of Part D. This approval includes the resolution of the
Lake Tahoe Regional Planning Agency banning new source construction
pending the adoption of a new regional plan and ordinances. However, EPA
disapproves the plan for any future time during which the Tahoe Regional
Planning Agency may remove its construction ban prior to EPA approval of
the new regional plan and ordinances.
(e) The Administrator approves the following portions of the 1999
Ozone Attainment Plan for the San Francisco Bay Area submitted by the
California Air Resources Board on August 13, 1999: the 1995 baseline
emissions inventory, the reasonable further progress demonstration, and
the deletion of transportation control measures 6 and 16.
(f)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in North Coast Unified Air Quality Management
District's approved plan apply to stationary sources of greenhouse gas
(GHGs) emissions, the Administrator approves that application only to
the extent that GHGs are ``subject to regulation'', as provided in this
paragraph (b), and the Administrator takes no action on that application
to the extent that GHGs are not ``subject to regulation.''
[[Page 570]]
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in the EPA-
approved North Coast Unified Air Quality Management District rules at
R1-1-130(s2)) and a significant net emissions increase (as defined in
the North Coast Unified Air Quality Management District rules at R1-1-
130(n1)) occur. For the pollutant GHGs, an emissions increase shall be
based on tpy CO2e, and shall be calculated assuming the
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
the EPA-approved North Coast Unified Air Quality Management District
rules at R1-1-130(s2).
(g)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in Northern Sonoma County Air Pollution Control
District's approved plan apply to stationary sources of greenhouse gas
(GHGs) emissions, the Administrator approves that application only to
the extent that GHGs are ``subject to regulation'', as provided in this
paragraph (b), and the Administrator takes no action on that application
to the extent that GHGs are not ``subject to regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane,
[[Page 571]]
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in the EPA-
approved Northern Sonoma County Air Pollution Control District rules at
R1-1-130(s2)) and a significant net emissions increase (as defined in
the Northern Sonoma County Air Pollution Control District rules at R1-1-
130(n1)) occur. For the pollutant GHGs, an emissions increase shall be
based on tpy CO2e, and shall be calculated assuming the
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
the EPA-approved Northern Sonoma County Air Pollution Control District
rules at R1-1-130(s2).
(h)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in Mendocino County Air Quality Management District's
approved plan apply to stationary sources of greenhouse gas (GHGs)
emissions, the Administrator approves that application only to the
extent that GHGs are ``subject to regulation'', as provided in this
paragraph (b), and the Administrator takes no action on that application
to the extent that GHGs are not ``subject to regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in the EPA-
approved Mendocino County Air Quality Management District rules at R1-1-
130(s2)) and a significant net emissions increase (as defined in the
Mendocino County Air Quality Management District rules at R1-1-130(m1)
(1982)) occur. For the pollutant GHGs, an emissions increase shall be
based on tpy CO2e, and shall be calculated assuming the
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
the EPA-approved Mendocino County Air Quality Management District rules
at R1-1-130(s2).
[[Page 572]]
(i) 1997 ozone NAAQS: The 2007 Infrastructure SIP, submitted on
November 16, 2007, and the 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, are partially disapproved for specific
requirements of Clean Air Act section 110(a)(2) for the 1997 8-hour
ozone NAAQS for the Air Pollution Control Districts (APCDs), Air Quality
Management Districts (AQMDs), or Air Quality Control Regions (AQCRs)
listed in this paragraph.
(1)-(2) [Reserved]
(3) North Coast Unified AQMD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration of
air quality, only), and (J).
(4) [Reserved]
(5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
(6) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with
respect to section 126(a), only).
(7) [Reserved]
(j) 1997 PM2.5 NAAQS: The 2007 Infrastructure SIP, submitted on
November 16, 2007, and the 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, are partially disapproved for specific
requirements of Clean Air Act section 110(a)(2) for the 1997
PM2.5 NAAQS for the Air Pollution Control Districts (APCDs),
Air Quality Management Districts (AQMDs), or Air Quality Control Regions
(AQCRs) listed in this paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration of
air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
(5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with
respect to section 126(a), only).
(6) San Joaquin Valley Mountain Counties AQCR for section
110(a)(2)(G).
(k) 2006 PM2.5 NAAQS and 2012 PM2.5 NAAQS: The 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, is partially disapproved
for specific requirements of Clean Air Act section 110(a)(2) for the
2006 PM2.5 NAAQS and 2012 PM2.5 NAAQS for the Air
Pollution Control Districts (APCDs), Air Quality Management Districts
(AQMDs), or Air Quality Control Regions (AQCRs) listed in this
paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration of
air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
(5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with
respect to section 126(a), only).
(6) San Joaquin Valley Mountain Counties AQCR for section
110(a)(2)(G).
[[Page 573]]
(l) 2008 ozone NAAQS: The 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, is partially disapproved for specific
requirements of Clean Air Act section 110(a)(2) for the 2008 8-hour
ozone NAAQS for the Air Pollution Control Districts (APCDs), Air Quality
Management Districts (AQMDs), or Air Quality Control Regions (AQCRs)
listed in this paragraph.
(1)-(2) [Reserved]
(3) North Coast Unified AQMD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 PSD, and NOX as an ozone
precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with
measures in any other state to prevent significant deterioration of air
quality, only), and (J).
(4) [Reserved]
(5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
(6) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with
respect to section 126(a), only).
(7) [Reserved]
(m) 2008 Pb NAAQS: The 2011 Pb Infrastructure SIP, submitted on
September 22, 2011, and the 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, are partially disapproved for specific
requirements of Clean Air Act section 110(a)(2) for the 2008 Pb NAAQS
for the Air Pollution Control Districts (APCDs), Air Quality Management
Districts (AQMDs), or Air Quality Control Regions (AQCRs) listed in this
paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration of
air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
(5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with
respect to section 126(a), only).
(n) 2010 NO2 NAAQS: The 2012 NO2 Infrastructure SIP,
submitted on November 15, 2012, and the 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, are partially
disapproved for specific requirements of Clean Air Act section 110(a)(2)
for the 2010 NO2 NAAQS for the Air Pollution Control
Districts (APCDs), Air Quality Management Districts (AQMDs), or Air
Quality Control Regions (AQCRs) listed in this paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration of
air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
(5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with
respect to section 126(a), only).
(o) 2010 SO2 NAAQS: The 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, is partially disapproved
for specific requirements of Clean Air Act section 110(a)(2) for the
2010 SO2 NAAQS for the Air Pollution Control Districts
(APCDs), Air
[[Page 574]]
Quality Management Districts (AQMDs), or Air Quality Control Regions
(AQCRs) listed in this paragraph.
(1) [Reserved]
(2) North Coast Unified AQMD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration of
air quality, only), and (J).
(3) [Reserved]
(4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
(5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii) (with
respect to section 126(a), only).
[45 FR 74484, Nov. 11, 1980]
Editorial Note: For Federal Register citations affecting Sec.
52.223, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.224 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
except in certain Air Pollution Control Districts (APCD) as indicated in
this paragraph since the plan does not provide procedures by which
emission data, as correlated with applicable emission limitations, will
be made available to the public.
(1) The following APCD's meet the requirements of Sec. 51.116(c) of
this chapter:
(i) Siskiyou County APCD.
(ii) San Diego County APCD.
(iii) Great Basin Unified APCD.
(iv) Del Norte County APCD.
(v) Humboldt County APCD.
(vi) Mendocino County APCD.
(vii) Northern Sonoma County APCD.
(viii) Trinity County APCD.
(ix) Amador County APCD.
(2) The following APCD's do not provide for the correlation of
emission data with applicable emission limitations as required by Sec.
51.116(c) of this chapter. In these APCD's, only the requirements of
Sec. 52.224(b)(4) are in effect:
(i) Merced County APCD.
(ii) Stanislaus County APCD.
(iii) Fresno County APCD.
(iv) Calaveras County APCD.
(v) Tuolumne County APCD.
(vi) San Joaquin County APCD.
(vii) Mariposa County APCD.
(viii) Tulare County APCD.
(ix) Kern County APCD.
(x) Madera County APCD.
(xi) Yolo-Solano APCD.
(xii) Sutter County APCD.
(xiii) Glenn County APCD.
(xiv) Tehama County APCD.
(xv) Sierra County APCD.
(xvi) Shasta County APCD.
(xvii) Sacramento County APCD.
(xviii)-(xix) [Reserved]
(xx) Lake County APCD.
(xxi) Imperial County APCD.
(xxii) [Reserved]
(xxiii) Ventura County APCD.
(xxiv) Monterey Bay Unified APCD.
(xxv) [Reserved]
(xxvi) San Luis Obispo County APCD.
(xxvii) Kings County APCD.
(xxviii) Plumas County APCD.
(xxix) Nevada County APCD.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, except for those APCD's specified in paragraph (a) of
this section, concerning emissions from any source subject to emission
limitations which are part of the approved plan may request that the
appropriate Regional Administrator obtain and make public such data.
Within 30 days after receipt of any such written request, the Regional
Administrator shall require the owner or operator of any such source to
submit information within 30 days on the nature and amounts of emissions
from such source and any other information as may be deemed necessary by
the Regional Administrator to determine whether such source is in
compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
[[Page 575]]
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
(c) The deletion of the following rules or portions of rules is
disapproved, since these regulations are necessary to fulfill the
requirements of 40 CFR 51.116(c).
(1) Northcoast intrastate region:
(i) Lake County APCD.
(A) Section 49a, Public Records, and Section 49b, Record, of Part
III, Definitions; and Part II, Authorization and Disclosure, submitted
on October 23, 1974 and previously approved under 40 CFR 52.223, are
retained.
[40 FR 55328, Nov. 28, 1975]
Editorial Note: For Federal Register citations affecting Sec.
52.224, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.225 Legal authority.
(a) [Reserved]
(b) The requirements of Sec. 51.230(f) of this chapter are not met
since authority to make emission data available to the public
inadequate. Such release is precluded under certain circumstances.
[37 FR 10852, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986; 81
FR 18780, Apr. 1, 2016]
Sec. 52.226 Control strategy and regulations: Particulate matter,
San Joaquin Valley and Mountain Counties Intrastate Regions.
(a) [Reserved]
(b) The following regulatory changes represent a relaxation of
previously submitted regulations and an adequate control strategy has
not been submitted showing that the relaxation will not interfere with
attainment and maintenance of the National Ambient Air Quality Standards
for particulate matter:
(1) Kings County APCD.
(i) Rule 405, Process Weight, submitted on July 25, 1973 is
disapproved; and Rule 405, submitted on June 30, 1972, and previously
approved in 40 CFR 52.223 is retained.
(ii) Rule 407.1, Disposal of Solid and Liquid Wastes, submitted on
November 4, 1977, is disapproved; and Rule 407.1, Disposal of Solid and
Liquid Wastes, submitted on June 30, 1972, and previously approved under
40 CFR 52.223 is retained.
(2) Calaveras County APCD.
(i) The revocation of Rule 407(b), Combustion Contaminants, is
disapproved; and Rule 407(b), submitted on June 30, 1972, and previously
approved in 40 CFR 52.223 is retained.
(ii) The revocation of Rule 408, Fuel Burning Equipment, is
disapproved; and Rule 408, submitted on June 30, 1972, and previously
approved in 40 CFR 52.223 is retained.
(iii) The addition of Rule 209, Fossil Fuel-Steam Generator
Facility, is disapproved; and Rule 408, submitted on June 30, 1972 and
previously approved in 40 CFR 52.223 is retained.
(3) Tuolumne County APCD.
(i) Rule 207, Particulate Matter, submitted on July 22, 1975, is
disapproved; and Rules 404 and 407(b), submitted on June 30, 1972 and
previously approved in 40 CFR 52.223 are retained.
[[Page 576]]
(ii) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
July 22, 1975, is disapproved; and Rule 408, submitted on June 30, 1972,
and previously approved in 40 CFR 52.223 is retained.
(iii) Rule 207, Particulate Matter, submitted on February 10, 1977,
is disapproved and the previously approved Rules 404 and 407(b),
submitted on June 30, 1972, remain in effect.
(iv) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
February 10, 1977, is disapproved and the previously approved Rule 408,
submitted on June 30, 1972, remains in effect.
(4) Fresno County APCD.
(i) Rule 407, Disposal of Solid or Liquid Wastes, submitted on
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30,
1972, and previously approved in 40 CFR 52.223 is retained.
(ii) Rule 407, Disposal of Solid or Liquid Wastes, submitted on
November 10, 1976, is disapproved; and Rule 407.1, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(5) San Joaquin County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(6) Mariposa County APCD.
(i) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
January 10, 1975, is disapproved; and Rule 6.4, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(7) Kern County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on
July 22, 1975, is disapproved; and Rule 407.1, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(8) Madera County APCD.
(i) Rule 405, Process Weight, submitted on January 10, 1975 is
disapproved; and Rule 405, submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(9) Tulare County APCD.
(i) Paragraph b. of Rule 407.1.
(10) Merced County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on
August 2, 1976 is disapproved; and Rule 407.1 submitted on June 30, 1972
and previously approved in 40 CFR 52.223 is retained.
[37 FR 10850, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.226, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.227 Control strategy and regulations: Particulate matter,
Metropolitan Los Angeles Intrastate Region.
(a) The requirements of Subpart G of this chapter are not met since
the plan does not provide for attainment and maintenance of the
secondary standards for particulate matter in the Metropolitan Los
Angeles Intrastate Region.
(b) The following regulations are disapproved since they are not
part of the approved control strategy and do not provide for the degree
of control needed for the attainment and maintenance of the primary
standards for particulate matter in the Metropolitan Los Angeles
Intrastate Region.
(1) Los Angeles County Air Pollution Control District:
(i) Regulation IV, Rule 68.1.
(2) Riverside County Air Pollution Control District:
(i) Regulation IV, Rule 54 for process sources with a process weight
rate in excess of 62,000 lbs. per hour. Rule 54 is approved for process
sources with a process weight of 62,000 lbs. per hour or less.
(3) Southern California APCD:
(i) Regulation IV, Rule 404 Particulate Matter--Concentration,
submitted on August 2, 1976.
(ii) Regulation IV, Rule 473 Disposal of Solid and Liquid Wastes,
submitted on August 2, 1976.
(4) South Coast AQMD.
(i) Rule 401(b) submitted on August 15, 1980.
(c) The rescission by the Southern California APCD of the following
rules, which were previously approved in the May 31, 1972 (37 FR 10850)
and September 22, 1972 (37 FR 19813) Federal Register issues, is
disapproved since adequate replacement rules have not been submitted and
no analysis has been presented to show that this rescission will not
interfere with the attainment and maintenance of the NAAQS
[[Page 577]]
for particulate matter as required by section 110 of the Clean Air Act.
In addition, the following rules, as submitted in June 1972 and approved
for the SIP, remain federally enforceable:
(1) Los Angeles County APCD.
(i) Regulation IV, Rule 52 Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
(2) San Bernardino County APCD.
(i) Regulation IV, Rule 52A Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58A Disposal of Solid and Liquid Wastes.
(3) Riverside County APCD.
(i) Regulation IV, Rule 52 Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
(4) Orange County APCD.
(i) Regulation IV, Rule 52 Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972;
43 FR 25687, June 14, 1978; 49 FR 18824, May 3, 1984; 51 FR 40676, Nov.
7, 1986]
Sec. 52.228 Regulations: Particulate matter,
Southeast Desert Intrastate Region.
(a) The following regulations are disapproved since they are not
part of the approved control strategy and do not provide for the degree
of control needed for the attainment and maintenance of the national
standards for particulate matter in the Southeast Desert Intrastate
Region.
(1) Imperial County Air Pollution Control District:
(i) Rule 114A.
(ii) Rule 116B.
(2) Los Angeles County Air Pollution Control District:
(i) Regulation IV, Rule 68.1.
(3) Riverside County Air Pollution Control District:
(i) Regulation IV, Rule 54 for process sources with a process weight
rate in excess of 160,000 lbs. per hour. Rule 54 is approved for process
sources with a process weight of 160,000 lbs. per hour or less.
(b) The following regulatory changes represent a relaxation of
previously submitted regulations, and an adequate control strategy has
not been submitted showing that the relaxation will not interfere with
the attainment and maintenance of the national ambient air quality
standards for particulate matter:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 406, Disposal of Solid and Liquid Wastes submitted on
November 4, 1977 is disapproved; and Rule 116 C, Specific Contaminants
submitted on June 30, 1972 and previously approved under 40 CFR 52.223
is retained.
(ii) Los Angeles County Air Pollution Control District.
(A) Regulation IV, Rule 404 Particulate Matter-Concentration, and
Rule 473, Disposal of Solid and Liquid Wastes, submitted on June 6, 1977
are disapproved. Rules 52 and 58, titled as above, respectively, and
submitted on June 30, 1972 and previously approved under 40 CFR 52.223
are retained.
(iii) Riverside County Air Pollution Control District.
(A) Regulation IV, Rules 404 Particulate Matter-Concentration, 405
Particulate Matter-Weight, and Rule 473, Disposal of Solid and Liquid
Wastes, submitted on June 6, 1977 are disapproved. Rules 52, Particulate
Matter-Weight, 54, Dust and Fumes, and 58, Disposal of Solid and Liquid
Wastes, submitted in 1972 and approved under 40 CFR 52.223, are
retained.
[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972;
43 FR 35695, Aug. 11, 1978; 43 FR 40014, Sept. 8, 1978; 64 FR 49400,
Sept. 13, 1999]
Sec. 52.229 Control strategy and regulations:
Photochemical oxidants (hydrocarbons), Metropolitan Los Angeles
Intrastate Region.
(a) [Reserved]
(b) The following rules are disapproved because they would result in
a relaxation of control requirements contained in the presently approved
State Implementation Plan, and no analysis has been presented to show
that this relaxation will not interfere with the attainment and
maintenance of NAAQS for photochemical oxidants (hydrocarbons) as
required by section 110 of the Clean Air Act.
(1) Southern California APCD.
[[Page 578]]
(i) Regulation IV, Rule 465 Vacuum Producing Devices or Systems,
submitted on August 2, 1976.
(2) South Coast Air Quality Management District.
(i) Regulation IV, Rule 461 Gasoline Transfer and Dispensing,
submitted on June 6, 1977. The version of this rule by the same number
and title submitted on April 21, 1976 and approved under 40 CFR 52.223
is retained.
(ii) Rule 1115, Automotive Coatings, adopted on March 16, 1984 by
the District and submitted by the state to EPA on July 10, 1984.
(iii) Rule 1113, Architectural Coatings, adopted on August 2, 1985
and submitted to EPA on November 12, 1985. The version of this rule by
the same number and title submitted on July 10, 1984 and approved by EPA
on January 24, 1985 is retained.
(c) The rescission by the Southern California APCD of the following
rules, which were previously approved in the September 22, 1972 (37 FR
19813) Federal Register issue, is disapproved since adequate replacement
rules have not been submitted and no analysis has been presented to show
that this rescission will not interfere with the attainment and
maintenance of the NAAQS for photochemical oxidants (hydrocarbons) as
required by section 110 of the Clean Air Act. In addition, the following
rules, as submitted in June 1972 and approved for the SIP, remain
federally enforceable:
(1) Los Angeles County APCD, Regulation IV, Rule 69, Vacuum
Producing Devices or Systems.
(2) San Bernardino County APCD, Regulation IV, Rule 69, Vacuum
Producing Devices or Systems.
(3) Riverside County APCD, Regulation IV, Rule 74, Vacuum Producing
Devices or Systems.
(4) Orange County APCD, Regulation IV, Rule 69, Vacuum Producing
Devices or Systems.
[37 FR 10850, May 31, 1972, as amended at 43 FR 25687, June 14, 1978; 43
FR 40014, Sept. 8, 1978; 46 FR 5978, Jan. 21, 1981; 54 FR 5237, Feb. 2,
1989; 54 FR 34515, Aug. 21, 1989]
Sec. 52.230 Control strategy and regulations: Nitrogen dioxide.
(a) The requirements of Sec. 52.14(c)(3) of this chapter as of
September 22, 1972 (47 FR 1983), are not met since the plan does not
provide for the degree of nitrogen oxides emission reduction attainable
through application of reasonably available control technology in the
Metropolitan Los Angeles Intrastate Region. Therefore, Rule 68.b of the
Orange County Air Pollution Control District is disapproved.
(b) The following rules are disapproved since they are not part of
the approved control strategy and do not provide for the degree of
control necessary for the attainment and maintenance of NAAQS for
nitrogen dioxide in the Metropolitan Los Angeles Intrastate AQCR:
(1) Orange County APCD, Regulation IV, Rule 474, Fuel Burning
Equipment--Oxides of Nitrogen, submitted on February 10, 1977.
(c) The rescission by the Southern California APCD of the following
rules is disapproved since adequate replacement rules have not been
submitted and no analysis has been presented to show that this
rescission will not interfere with the attainment and maintenance of the
National Ambient Air Quality Standards as required by section 110 of the
Clean Air Act. In addition, the following rules, as submitted in June
1972 and approved for the SIP, remain federally enforceable:
(1) Orange County APCD, Regulation IV, Rule 68, Fuel Burning
Equipment--NOx.
(2) Orange County APCD, Regulation IV, Rule 67.1, Fuel Burning
Equipment.
[43 FR 25687, June 14, 1978, as amended at 46 FR 3884, Jan. 16, 1981; 51
FR 40677, Nov. 7, 1986]
Sec. 52.231 Regulations: Sulfur oxides.
(a) [Reserved]
(b) The deletion of the following rules or portions of rules is
disapproved, since an adequate control strategy demonstration has not
been submitted indicating that the deletions of the control requirements
contained in those rules would not interfere with the attainment or
maintenance of the National Ambient Air Quality Standard for Sulfur
Oxides.
(1) Lake County Intrastate Region.
(i) Lake County, APCD.
(A) Section 3(F), Sulfur of Part V, Prohibitions and Standards,
submitted
[[Page 579]]
on October 23, 1974 and previously approved under 40 CFR 52.223, is
retained as applicable to sources other than sulfur recovery units.
[43 FR 34464, 34466, Aug. 4, 1978, as amended at 46 FR 3884, Jan. 16,
1981; 46 FR 42461, Aug. 21, 1981]
Sec. 52.232 Part D conditional approval.
(a) The following portions of the California SIP contain
deficiencies with respect to Part D of the Clean Air Act which must be
corrected by meeting the indicated conditions of Part D plan approval.
(1) [Reserved]
(2) North Central Coast Air Basin for ozone.
(i) By May 7, 1981, the NSR rules must be revised and submitted as
an SIP revision. The rules must satisfy section 173 and 40 CFR 51.18,
``Review of new sources and modifications.'' In revising the Monterey
Bay Unified APCD's NSR rules, the State/APCD must address (a) any new
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (August 7, 1980, 45 FR 52676) which the APCD rules do
not now satisfy and (b) those deficiencies with respect to the September
5, 1979 notice cited in EPA's Evaluation Report Addendum (contained in
Document File NAP-CA-14 at the EPA Library in Washington, DC and the
Region IX office).
(ii) By March 4, 1981, one of the following must be submitted as an
SIP revision: (a) Adequate justification that the cutback asphalt rule
represents RACT, (b) amendment of the cutback asphalt rule to conform
with the controls recommended in the CTG document for cutback asphalt,
or (c) adequate documentation that the cutback asphalt rule will result
in emission reductions which are within 5 percent of the reductions
achievable with the controls recommended in the cutback asphalt CTG
document.
(3) South Coast Air Basin.
(i)(A) By May 7, 1981, the NSR rules must be revised and submitted
as an SIP revision. The rules must satisfy section 173 of the Clean Air
Act and 40 CFR 51.18, ``Review of new sources and modifications.'' In
revising the South Coast AQMD's NSR rules, the State/AQMD must address
(1) any new requirements in EPA's amended regulations for NSR (45 FR
31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the AQMD
rules do not currently satisfy and (2) those deficiencies cited in EPA's
Evaluation Report Addendum which still apply despite EPA's new NSR
requirements (contained in Document File NAP-CA-9 at the EPA Library in
Washington, DC and the Regional Office).
(4) San Diego Air Basin.
(i) For ozone, CO, TSP, and NO2:
(A) By May 7, 1981, the NSR rules submitted on March 17, 1980 must
be revised and submitted as an SIP revision. In revising the NSR rules,
the State/APCD must address (1) any new requirements in EPA's amended
regulations for NSR under section 173 of the Clean Air Act (May 13,
1980, 45 FR 31307; and August 7, 1980, 45 FR 52676) which the APCD rules
do not currently satisfy and (2) the deficiencies cited in EPA's
Evaluation Report Addendum which still apply despite EPA's new NSR
requirements. The Evaluation Report Addendum is contained in document
file NAP-CA-19 and available at the EPA Region IX Office and the EPA
Library in Washington, DC
(5) The Kern County APCD.
(i) For PM:
(A) By November 19, 1981, the NSR rules must be revised and
submitted as an SIP revision. The rules must satisfy section 173 of the
Clean Air Act and 40 CFR Subpart I, ``Review of new sources and
modifications.'' In revising Kern County's NSR rules, the State/APCD
must address all the requirements in EPA's amended regulations for NSR
(45 FR 31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the
APCD rules do not currently satisfy including those deficiencies cited
in EPA's Evaluation Report Addendum which still apply despite EPA's new
NSR requirements (contained in document File NAP-CA-07 at the EPA
Library in Washington, DC and the Regional Office).
(ii) [Reserved]
(6) [Reserved]
(7) San Francisco Bay Area Air Basin.
(i) For ozone and CO:
[[Page 580]]
(A) By June 17, 1982, submittal of implementation commitments and
schedules and additional commitments to provide annually the financial
and personnel resources necessary to carry out the plan for
transportation sources.
(8) [Reserved]
(9) The Santa Barbara County nonattainment areas.
(i) For O3, TSP, and CO by (90 days from the date of
publication of this notice).
(A) The new source review (NSR) rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7,
1980) and submitted as an SIP revision.
(ii) For O3 by (90 days from the date of publication of
this notice), a revised cutback asphalt paving materials rule which does
not allow for indefinite compliance date extensions and submitted as an
SIP revision.
(10)-(11) [Reserved]
(12) Butte, Sutter and Yuba County APCDs.
(i) For Ozone:
(A) By August 2, 1982, the NSR rules for the counties discussed in
this notice must be revised to meet the requirements in EPA's amended
regulations for NSR under section 173 of the Clean Air Act (May 13,
1980, 45 FR 31307 and August 7, 1980, 45 FR 52676).
(13) Los Angeles and Riverside portions of the Southeast Desert Air
Basin.
(i) For Ozone:
(A) By August 9, 1982, the new source review rules for the three
county areas must be revised to meet the requirements in EPA's amended
regulations under section 173 (May 13, 1980, (45 FR 31307), August 7,
1980, (45 FR 52676), and October 14, 1981, (46 FR 50766)).
(B) By August 9, 1982, the State must provide adopted regulations
for degreasing operations in the Los Angeles County portion of the SEDAB
which represent RACT.
(14)-(15) [Reserved]
(16) San Bernardino County portion of the Southeast Desert Air
Basin.
(i) For ozone:
(A) By October 30, 1985, the NSR rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR
52676), and October 14, 1981 (46 FR 50766)).
(17) Yolo and Solano Counties.
(i) For ozone and CO in those portions of Yolo and Solano Counties
that are part of the Sacramento Metropolitan Area:
(A) By October 30, 1985, the NSR rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR
52676), and October 14, 1981 (46 FR 50766)).
(ii) For ozone:
By November 1, 1982, the State must provide either (A) an adequate
demonstration that the following regulations represent RACT, (B) amend
the regulations so that they are consistent with the CTG, or (C)
demonstrate that the regulations will result in VOC emission reductions
which are within five percent of the reductions which would be achieved
through the implementation of the CTG recommendations:
Yolo-Solano County APCD
Rule 2.24, ``Solvent Cleaning Operations (Degreasing).''
[45 FR 74485, Nov. 10, 1980]
Editorial Note: For Federal Register citations affecting Sec.
52.232, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.233 Review of new sources and modifications.
(a) The following regulations are disapproved because they are not
consistent with Clean Air Act requirements.
(1) [Reserved]
(2) Monterey Bay Unified APCD.
(i) Subparagraph B.5. of Rule 207, Standards for Permit to
Construct, submitted March 17, 1980.
(3) South Coast AQMD.
(i) In Rule 1306(a)(i), submitted on April 3, 1980, sentence 3 is
disapproved.
(ii) In Rule 1306(d)(1)(B)(ii), submitted on April 3, 1980, the
following portion of the rule is disapproved:
[[Page 581]]
``Which have occurred during the highest three years of the last five
year period, divided by three, provided the applicant demonstrates that
such permit units have been operated at least 90 days during each of
such three years.''
(iii) In Rule 1307(a) submitted on April 3, 1980, the following
portion of the rule is disapproved: ``Greater than 68 kilograms (150
pounds) per day except carbon monoxide, for which the value is an
increase greater than 340 kilograms (750 pounds) per day.''
(4) Kern County APCD.
(i) Those portions of paragraph (3)(E) of Rule 210.1, submitted on
April 15, 1980, which allow new sources and modifications to be exempt
from LAER.
(b) [Reserved]
(c) The requirements of Sec. 51.160(a) of this chapter are not met
in the following Air Pollution Control Districts since the regulations
of the APCD's do not provide the means to prevent construction of
sources which would violate applicable portions of the control strategy
or would interfere with the attainment or maintenance of a national
standard.
(1) Mariposa County APCD.
(2) Santa Barbara County APCD.
(d) The requirements of Sec. 51.160(a) of this chapter are not met
in the following Air Pollution Control Districts since the regulations
of the APCD's do not include a means to prevent construction or
modification if such construction or modification would interfere with
the attainment or maintenance of a national standard.
(1) Amador County APCD.
(2) Calaveras County APCD.
(3) El Dorado County APCD (Mountain Counties Intrastate portion).
(4) [Reserved]
(5) Glenn County APCD.
(6) Humboldt County APCD.
(7)-(8) [Reserved]
(9) Lake County APCD.
(10) Lassen County APCD.
(11) [Reserved]
(12) [Reserved]
(13) [Reserved]
(14) Modoc County APCD.
(15) Monterey Bay Unified APCD.
(16) Nevada County APCD.
(17) [Reserved]
(18) [Reserved]
(19) Plumas County APCD.
(20) [Reserved]
(21) Shasta County APCD.
(22) Sierra County APCD.
(23) Siskiyou County APCD.
(24) [Reserved]
(25) Sutter County APCD.
(26) [Reserved]
(27) Tuolumne County APCD.
(e) [Reserved]
(f) Regulation for review of new sources and modifications. (1) The
requirements of this paragraph are applicable to:
(i) Any stationary source in the APCD's listed below, the
construction or modification of which is commenced after the effective
date of this regulation.
(a) Mariposa County APCD.
(b) [Reserved]
(c) Santa Barbara County APCD.
(ii) Any stationary source subject to the requirements of Sec. Sec.
52.226(c), 52.227(c), 52.228(b), or 52.230(b), the construction or
modification of which is commenced after the effective date of this
regulation.
(2) No owner or operator shall commence construction or modification
of a stationary source after the effective date of this regulation
without first obtaining approval from the Administrator of the location
and design of such source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
plans, descriptions, specifications, and drawings showing the design of
the source, the nature and amount of emissions, and the manner in which
it will be operated and controlled.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that:
[[Page 582]]
(i) The source will be operated without causing a violation of any
local, State, or Federal regulations which are part of the applicable
plan.
(ii) The source will not prevent or interfere with attainment or
maintenance of any national standard.
(4) (i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (f)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on the application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for ocnditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (f)(4)(ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may impose any reasonable conditions upon an
approval, including conditions requiring the source to be provided with:
(i) Sampling ports of a size, number, and location as the
Administrator may require,
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data, and
(iv) Any other sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this
regulation shall furnish the Administrator written notification as
follows:
(i) A notification of the anticipated date or initial startup of the
source not more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of initial startup of the
source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate at
which the source will be operated but not later
[[Page 583]]
than 180 days after initial startup of such source the owner or operator
of such source shall conduct a performance test(s) in accordance with
methods and under operating conditions approved by the Administrator and
furnish the Administrator a written report of the results of such
performance test.
(i) Such test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test and may also conduct
performance tests.
(iii) The owner or operator of a source shall provide the
Administrator 15 days prior notice of the performance test to afford the
Administrator the opportunity to have an observer present.
(iv) The Administrator may waive the requirement for performance
tests if the owner or operator of a source has demonstrated by other
means to the Administrator's satisfaction that the source is being
operated in compliance with all local, State and Federal regulations
which are part of the applicable plan.
(9) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators which
has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and
burns only gaseous fuel containing not more than 0.5 grain H2
S per 100 stdft\3\ (5.7 g/100 stdm\3\); has a heat input of not more
than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a
heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any
other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analyses.
(vi) Other sources of minor significance specified by the
Administrator.
(10) Approval to construct or modify shall not relieve any person of
the responsibility to comply with any local, State, or Federal
regulation which is part of the applicable plan.
(11) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for any receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(g) Regulation for review of new sources and modifications. (1) The
requirements of this paragraph are applicable to any stationary source
in the APCD's listed below, the construction or modification of which is
commenced after the effective date of this regulation.
(i) Amador County APCD.
(ii) Calaveras County APCD.
(iii) El Dorado County APCD (Mountain Counties Intrastate portion).
(iv) [Reserved]
(v) Glenn County APCD.
(vi) Humboldt County APCD.
(vii)-(viii) [Reserved]
(ix) Lassen County APCD.
(x) Madera County APCD.
(xi) Mendocino County APCD.
(xii) Merced County APCD.
(xiii) Modoc County APCD.
(xiv) Monterey Bay Unified APCD.
(xv) Nevada County APCD.
(xvi) [Reserved]
(xvii) Plumas County APCD.
(xviii) San Joaquin County APCD.
(xix) Shasta County APCD.
(xx) Sierra County APCD.
(xxi) Siskiyou County APCD.
(xxii) Stanislaus County APCD.
(xxiii) Sutter County APCD.
(xxiv) Tulare County APCD.
(xxv) Tuolumne County APCD.
(2) No owner or operator shall commence construction or modification
of any new source after the effective date of this regulation without
first obtaining approval from the Administrator of the location of such
source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
[[Page 584]]
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
stack data, and the nature and amount of emissions. Such information
shall be sufficient to enable the Administrator to make any
determination pursuant to paragraph (g)(3) of this section.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that the source
will not prevent or interfere with attainment or maintenance of any
national standard.
(4) (i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (g)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this subparagraph
shall be sent to the applicant and to state and local air pollution
control agencies, having cognizance over the location where the source
will be situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for conditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (g)(4) (ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(6) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with any local, State, or
Federal regulation which is part of the applicable plan.
(7) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
[[Page 585]]
(ii) Air-conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain
H2 S per 100 stdft\3\ (54.8 g/100 stdm\3\); has a heat input
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil;
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and
burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analyses.
(vi) Other sources of minor significance specified by the
Administrator.
(8) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(h)-(i) [Reserved]
(j) Delegation of authority. (1) The Administrator shall have the
authority to delegate responsibility for implementing the procedures for
conducting source review pursuant to this section in accordance with
paragraphs (j) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for
implementing the procedures for conducting source review pursuant to
this section to any Agency, other than a Regional Office of the
Environmental Protection Agency, a copy of the notice pursuant to
paragraphs (f)(4)(iii) and (g)(4)(iii) of this section shall be sent to
the Administrator through the appropriate Regional Office.
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source review
pursuant to this section shall not be delegated, other than to a
Regional Office of the Environmental Protection Ands; except that, with
respect to the latter category, where new or modified sources are
constructed or operated on Federal lands pursuant to leasing or other
Federal agreements, the Federal Land Manager may at his discretion, to
the extent permissible under applicable statutes and regulations,
require the lessee or permittee to be subject to new source review
requirements which have been delegated to a state or local agency
pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures
for conducting source review pursuant to this section shall not be
redelegated, other than to a Regional Office of the Environmental
Protection Agency, for new or modified sources which are located in
Indian reservations except where the State has assumed jurisdiction over
such land under other laws, in which case the Administrator may delegate
his authority to the States in accordance with paragraphs (j) (2), (3),
and (4) of this section.
(k) Conditions on steam production. (1) Notwithstanding any
provisions to the contrary in the California State Implementation Plan,
the Watson petroleum refinery owned by Atlantic Richfield Company,
located at 1801 East Sepulveda Boulevard, Carson, California, shall
operate under the following conditions listed in paragraphs (k)(2)
through (6) of this section.
(2) The total steam load comprised of the steam purchased from
Watson Energy Systems and the amount generated by boilers 31, 32, 33,
42, 51, and 52 at the ARCO Watson Refinery shall not exceed 1,355,000
pounds per hour at 680 [deg]F, 600 psig.
(3) Continuous written records of steam purchased from Watson Energy
Systems and of the steam produced by boilers 31, 32, 42, 51, or 52
at the ARCO Watson Refinery, during receipt of steam from Watson Energy
Systems, shall be maintained and made available for inspection by the
EPA and the South Coast Air Quality Management District. These records
shall be kept in terms of pounds per hour of steam at 680 [deg]F, 600
psig.
(4) The steam purchased from the Watson Energy Systems facility
shall
[[Page 586]]
be used as a ``first-on, last-off'' source of steam for the ARCO Watson
Refinery, except for steam produced by waste heat or as part of the
refining process, or as required to maintain fired boilers in service
for emergency use.
(5) Any proposed changes in equipment or fuel that would increase
the oil fired steam generating capacity or decrease oil fired steam
generating efficiency of boilers 31, 32, 33, 42, 51, and 52 at the
ARCO Watson Refinery must be reviewed and approved by the EPA prior to
implementation of the proposed changes.
(6) ARCO shall maintain written records of oil consumption at
boilers 31, 32, 33, 42, 51, and 52 during receipt of steam from
Watson Energy Systems. These records shall be available for inspection
by the South Coast Air Quality Management District and the EPA. The
total oil consumption of these boilers shall not exceed a monthly
average of 226,000 gallons per day when receiving steam from the Watson
Energy systems plant at a rate of 350,000 pounds per hour. When
receiving steam at a lower rate, ARCO shall be allowed to increase its
boiler fuel oil consumption to achieve a total steam load not to exceed
the limit of condition two (2).
(l) The following rules and regulations are disapproved because they
do not meet the requirements of sections 110, 172, and 173 of the Clean
Air Act, since they exempt certain source categories from the offset
requirements of the Act:
(1) South Coast Air Quality Management District.
(i) Rule 1304(e), Resource Conservation and Energy Projects,
submitted on April 3, 1980, but only with respect to projects whose
application for a permit is complete after January 1, 1986,
(ii) Rule 1304(b)(2), Resource and Energy Conservation Projects,
submitted on November 8, 1982, but only with respect to projects whose
application for a permit is complete after January 1, 1986,
(m) Revised South Coast Regulation XIII, submitted on November 8,
1982, is not approved inasmuch as action on it is temporarily deferred.
[37 FR 19813, Sept. 22, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.233, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.234 Source surveillance.
(a) Except in the Air Pollution Control Districts (APCDs) listed in
this paragraph, the requirements of Sec. 51.211 of this chapter are not
met since the plan does not provide for recordkeeping and periodic
reporting of emission data by sources.
(1) Amador County APCD.
(2) Bay Area AQMD.
(3) Calaveras County APCD.
(4) Del Norte County APCD.
(5) El Dorado County APCD.
(6) Humboldt County APCD.
(7) Imperial County APCD.
(8) Lake County APCD.
(9) Mariposa County APCD.
(10) Mendocino County APCD.
(11) Nevada County APCD.
(12) Northern Sonoma County APCD.
(13) Placer County APCD.
(14) Plumas County APCD.
(15) Sierra County APCD.
(16) Trinity County APCD.
(17) Ventura County APCD.
(b) The requirements of Sec. 51.212 of this chapter are not met
since the plan does not adequately provide for periodic testing and
inspection of stationary sources within the Bay Area Air Pollution
Control District portion of the San Francisco Bay Area Intrastate
Region.
(c) The requirements of Sec. 51.212 of this chapter are not met
since the system for detecting violations through enforcement of visible
emission regulations and complaint handling is not adequately described.
(d) Regulation for source recordkeeping and reporting. (1) The owner
or operator of any stationary source in the State of California, except
for those APCD's specified in paragraph (a) of this section, shall, upon
notification from the Administrator, maintain records of the nature and
amounts of emissions from such source and/or any other information as
may be deemed necessary by the Administrator to determine whether such
source is in compliance with applicable emission limitations or other
control measures.
[[Page 587]]
(2) The information recorded shall be summarized and reported to the
Administrator, on forms furnished by the Administrator, and shall be
submitted within 45 days after the end of the reporting period.
Reporting periods are January 1 to June 30 and July 1 to December 31,
except that the initial reporting period shall commence on the date the
Administrator issues notification of the recordkeeping requirements.
(3) Information recorded by the owner or operator and copies of the
summarizing reports submitted to the Administrator shall be retained by
the owner or operator for 2 years after the date on which the pertinent
report is submitted.
(e) The requirements of Sec. 51.214 of this chapter are not met in
the following air pollution control districts (APCD's) since all of the
applicable requirements of Appendix P of part 51 are not included in the
district regulations.
(1) Amador County APCD.
(2) Bay Area AQMD
(3) Calaveras County APCD.
(4) El Dorado County APCD.
(5) Imperial County APCD.
(6) Kern County APCD.
(7) Kings County APCD.
(8) Los Angeles County APCD.
(9) Mariposa County APCD.
(10) Monterey Bay Unified APCD.
(11) Nevada County APCD.
(12) Placer County APCD.
(13) Plumas County APCD.
(14) San Bernardino County Desert APCD.
(15) San Diego County APCD.
(16) San Joaquin County APCD.
(17) San Luis Obispo County APCD.
(18) Santa Barbara County APCD.
(19) Sierra County APCD.
(20) South Coast AQMD.
(21) Stanislaus County APCD.
(22) Tulare County APCD.
(23) Ventura County APCD.
[37 FR 10850, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.234, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.235 Control strategy for ozone: Oxides of nitrogen.
EPA is approving an exemption request submitted by the Monterey Bay
Unified Air Pollution Control District on April 26, 1994 for the
Monterey Bay ozone nonattainment area from the NOX RACT
requirements contained in section 182(f) of the Clean Air Act. This
approval exempts the area from implementing the oxides of nitrogen
(NOX) requirements for reasonably available control
technology (RACT), new source review (NSR), the related requirements of
general and transportation conformity regulations, and applicable
inspection and maintenance (I/M). The exemption is based on ambient air
monitoring data and lasts for only as long as the area's monitoring
efforts continue to demonstrate attainment without NOX
reductions from major stationary sources.
[60 FR 20237, Apr. 25, 1995]
Sec. 52.236 Rules and regulations.
(a) Since the following Air Pollution Control District (APCD) rules
do not define the term ``agricultural operations,'' the rules are
disapproved because they could render certain emission limitations rules
unenforceable.
(1) Imperial County APCD.
(i) Rule 114.5, submitted on November 10, 1976.
(ii) Rule 148.D(3), submitted on November 10, 1976.
(b) The following Air Pollution Control District (APCD) rules are
disapproved because they contain the term ``agricultural operations''
and/or the term ``other equipment in agricultural operations,'' both of
which are either undefined or inadequately defined, thus rendering
certain emission control rules unenforceable:
(1) San Luis Obispo County APCD.
(i) Rules 401(B)(4) and 401(B)(6), submitted on November 10, 1976.
(2) Sacramento County APCD.
(i) Rule 7(b)(5), submitted on November 4, 1977.
(3) Glenn County APCD.
(i) Section 77(e), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(4) Mariposa County APCD.
[[Page 588]]
(i) Rule 203(G), submitted on June 6, 1977.
(5) Kern County APCD.
(i) Rules 402(c) and 402(e), submitted on; November 10, 1976.
(6) Fresno County APCD.
(i) Rules 402(c) and 402(e), submitted on October 23, 1974.
(ii) Rules 402(c) and 402(e), submitted on June 30, 1972, and
previously approved under 40 CFR 52.223 (37 FR 19812).
(7) Tulare County APCD.
(i) Section 402(c), submitted on November 10, 1976, and previously
approved under 40 CFR 52.223 (42 FR 47556).
(8) Madera County APCD.
(i) Rules 402(c) and 402(e), submitted on January 10, 1975, and
previously approved under 40 CFR 52.223 (42 FR 42219).
(9) Amador County APCD.
(i) Rules 203(G), submitted on October 15, 1979, and 205(G),
submitted on June 30, 1972.
(c) Since the following Air Pollution Control Districts have deleted
definitions which could allow a relaxation of emission limitations, the
deletions are disapproved:
(1) Merced County APCD.
(i) Rule 102(hh), submitted on June 30, 1972, previously approved
under 40 CFR 52.223, and deleted by the August 2, 1976 submittal, is
retained.
(2) El Dorado County APCD.
(i) Rule 102(LL), submitted on November 4, 1977, previously approved
at 43 FR 51632, and deleted by the May 23, 1979 submittal, is retained.
(d) The following rules or portions of rules are disapproved since
they contain provisions which are inconsistent with 40 CFR part 58,
Ambient Air Quality Surveillance.
(1) Lake County APCD.
(i) Section 224, Equivalent Method, and Table V, Table of Standards,
Applicable Statewide, submitted on February 10, 1977.
(ii) Table V, Concentrations and Methods, submitted on January 2,
1979, and Table V, submitted on February 10, 1976 and previously
approved at 42 FR 42224.
(e) Since the following air pollution control districts have revised
definitions so as to render the associated emission control requirements
less stringent without a control strategy demonstration, the revisions
are disapproved.
(1) Mendocino County APCD.
(i) Rule 130(p4), submitted on November 10, 1976. (Part III-49,
previously submitted on February 21, 1972, and approved in 40 CFR
52.223, is retained).
(ii) Rule 130(s3), submitted on November 10, 1976. (Part III-55,
previously submitted on February 21, 1972, and approved in 40 CFR
52.233, is retained).
(2) Shasta County APCD.
(i) The definition of ``modification'' in Rule 1:2, Definitions,
submitted on October 13, 1977, is disapproved.
(3) San Bernardino County Desert APCD.
(i) Rule 103, Definition of Terms, submitted on November 4, 1977, is
disapproved with respect to the deletion of the following terms:
``Distilling type heater'', ``Noncomplying orchard heater'', ``Pipe line
systems'', and ``Return stack heater''. (Rule 2, Definitions, submitted
on February 21, 1972 and approved in 40 CFR 52.223, is retained for the
above terms.)
(4) Southeast Desert Intrastate Region.
(i) San Bernardino County Desert APCD.
(A) Rule 102, Definition of Terms, submitted November 4, 1977 is
disapproved with respect to the deletion of the following terms:
Distilling type heater, Non-complying orchard heater, Pipe line systems,
and Return stack heater. Rule 2, Definitions, submitted February 21,
1972 and approved in 40 CFR 52.223, is retained for the above terms.
(f) The following APCD rules are disapproved because they exempt
some portions of the districts from the existing air pollution control
regulations without setting forth substitute rules for the exempted
areas.
(1) El Dorado County APCD.
(i) Rule 201, submitted on November 4, 1977, is disapproved. (The
previously approved Rule 49, submitted on June 30, 1972, is retained for
Federal enforcement purposes.)
(g) The following Air Pollution Control District (APCD) rules are
disapproved pursuant to section 110(a)(2)(K) of the Clean Air Act
because they could allow recovery of
[[Page 589]]
legal expenses associated with permit enforcement actions.
(1) Monterey Bay Unified APCD.
(i) Rule 300 (i)(1), Permit Fee, submitted on December 17, 1979.
(2) El Dorado County APCD.
(i) Rule 104, submitted on May 23, 1979.
[42 FR 39664, Aug. 5, 1977]
Editorial Note: For Federal Register citations affecting Sec.
52.236, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.237 Part D disapproval.
(a) The following portions of the California SIP are disapproved
because they do not meet the requirements of Part D of the Clean Air
Act.
(1) The ozone and CO attainment demonstrations for the South Coast
Air Basin. No major stationary source, or major modification of a
stationary source, of carbon monoxide or volatile organic compounds may
be constructed in the South Coast Air Basin unless the construction
permit application is complete on or before August 30, 1988.
(2) The ozone attainment demonstration for Ventura County. No major
stationary source, or major modification of a stationary source, of
volatile organic compounds may be constructed in the Ventura County
nonattainment area unless the construction permit application is
complete on or before November 4, 1988.
(3) The ozone attainment demonstration for the Sacramento AQMA. No
major stationary source, or major modification of a stationary source,
of volatile organic compounds may be constructed in the Sacramento
nonattainment area unless the construction permit application is
complete on or before January 3, 1989.
(4) The ozone attainment demonstration for the Fresno County APCD.
(5) The ozone attainment demonstration for the Kern County APCD.
(6) The attainment assessment, motor vehicle emissions budgets, and
Reasonably Available Control Measure (RACM) portions of the San
Francisco Bay Area Ozone Attainment Plan for the 1-Hour National Ozone
Standard, June 1999.
(7) [Reserved]
(8) The contingency measure portion of the 2008 PM2.5
Plan for attainment of the 1997 PM2.5 standards in the San
Joaquin Valley (June 2013).
(b) The following Reasonably Available Control Technology (RACT)
determinations are disapproved because they do not meet the requirements
of Part D of the Clean Air Act.
(1) Sacramento Air Quality Management District.
(i) RACT Determinations for the Pharmaceutical Products
Manufacturing Source Category and the Kiefer Landfill (volatile organic
compounds only), in the submittal titled ``Reasonably Available Control
Technology (RACT) as Applicable to the 8-Hour Ozone Standard,'' dated
October 26, 2006, as adopted on October 26, 2006 and submitted on July
11, 2007.
(ii) [Reserved]
(2) [Reserved]
[46 FR 5979, Jan. 21, 1981, as amended at 48 FR 53118, Nov. 25, 1983; 50
FR 35798; Sept. 4, 1985; 53 FR 1781, Jan. 22, 1988; 53 FR 39088, Oct. 5,
1988; 53 FR 48537, Dec. 1, 1988; 55 FR 9878, 9880, Mar. 16, 1990; 56 FR
2853, Jan. 25, 1991; 66 FR 48347, Sept. 20, 2001; 81 FR 22032, Apr. 14,
2016; 81 FR 29501, May 12, 2016; 81 FR 53283, Aug. 12, 2016; 83 FR 5927,
Feb. 12, 2018]
Sec. 52.238 Commitment to undertake rulemaking.
(a) The Administrator shall undertake rulemaking, after the South
Coast mobile source public consultative process, to promulgate any VOC
and NOX mobile source controls which are determined to be
appropriate for EPA and needed for ozone attainment in the Los Angeles-
South Coast Air Basin Area.
(b) [Reserved]
[62 FR 1187, Jan. 8, 1997]
Sec. 52.239 Alternate compliance plans.
(a) Alternative compliance plans (bubble plans) developed under the
District rules listed below must be submitted to EPA by the State of
California as SIP revisions. The emission limits contained in the
District rule will continue to be enforceable by EPA and private
citizens under sections 113 and 304(a) of the Act until the alternative
compliance plans are approved by EPA for inclusion in the SIP.
(1) Bay Area AQMD.
[[Page 590]]
(i) Rule 4 of Regulation 8, submitted on February 7, 1980.
(b) Alternative compliance plans (bubble plans) developed under the
District rules listed below are considered the applicable requirements
in the SIP which are enforceable by EPA and private citizens under
section 113 and 304(a) of the Act. Alternative compliance plans must be
submitted to EPA after their approval by the District. The District
rules do not apply to or supersede the conditions that a source must
meet under nonattainment or PSD permit programs, new source performance
standards, or national emission standards for hazardous air pollutants.
(1) Bay Area AQMD.
(i) Rules 11, 13 and 19 of Regulation 8, submitted on February 7,
1980.
[47 FR 11870, Mar. 19, 1982]
Sec. 52.240 Compliance schedules.
(a) The requirements of Sec. 51.262(a) of this chapter are not met
in the following Air Pollution Control Districts since the regulations
cited do not provide increments to progress toward compliance.
(1) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A,
58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
(2) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
(3) Rules 53, 66.c, and 68.a of the Orange County APCD.
(4) Rule 39.1 of the Santa Barbara County APCD.
(5) Rule 59 of the Ventura County APCD.
(6) Rule 66(c) of the Los Angeles County APCD.
(7) Rule 4.5 of the Siskiyou County APCD.
(8) Rule 64(c) of the Northern Sonoma County APCD.
(9) Rule 409 of the Tulare County APCD.
(b) The requirements of Sec. 51.261 are not met since Rule 68.a of
the Orange County Air Pollution Control District does not provide for
compliance within 3 years after the Administrator's approval of the
plan.
(c) Federal compliance schedule. (1) Except as provided in paragraph
(c)(2) of this section, the owner or operator of any stationary source
subject to Rule 68.a of the Orange County Air Pollution Control District
shall comply with such rule or regulation on or before January 31, 1974.
(i) Any owner or operator in compliance with this rule on the
effective date of this regulation shall certify such compliance to the
Administrator no later than 120 days following the effective date of
this paragraph.
(ii) Any owner or operator who achieves compliance with such rule or
regulation after the effective date of this regulation shall certify
such compliance to the Administrator within 5 days of the date
compliance is achieved.
(2) Any owner or operator of a stationary source subject to
paragraph (c)(1) of this section may, not later than 120 days following
the effective date of this paragraph, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compliance
with the rules and regulations specified in paragraph (c)(1) of this
section as expeditiously as practicable but no later than July 31, 1975.
The compliance schedule shall provide for increments of progress toward
compliance. The dates for achievement of such increments of progress
shall be specified. Increments of progress shall include, but not be
limited to: Submittal of final control plan to the Administrator;
letting of necessary contracts for construction or process changes or
issuance of orders for the purchase of component parts to accomplish
emission control or process modification; initiation of onsite
construction or installation of emission control equipment or process
modification; completion of onsite construction or installation of
emissioncontrol equipment or process modification; and final compliance.
(3) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
(d) Regulation for increments of progress. (1) The requirements of
this
[[Page 591]]
paragraph are applicable to any stationary source in the following Air
Pollution Control Districts subject to the indicated regulations.
(i) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A,
58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
(ii) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
(iii) Rules 53 and 66.c of the Orange County APCD.
(iv) Rule 39.1 of the Santa Barbara County APCD.
(v) Rule 59 of the Ventura County APCD.
(vi) Rules 66(c) and 68 of the Los Angeles County APCD.
(vii) Rule 4.5 of the Siskiyou County APCD.
(viii) Rule 64(c) of the Northern Sonoma County APCD.
(ix) Rule 409 of the Tulare County APCD.
(2) Except as provided in paragraph (3) of this section, the owner
or operator of any stationary source shall, no later than 120 days
following the effective date of this paragraph, submit to the
Administrator for approval, a proposed compliance schedule that
demonstrates compliance with the applicable regulations as expeditiously
as practicable but no later than the final compliance date specified by
such applicable regulation. The compliance schedule shall provide for
periodic increments of progress toward compliance. The dates for
achievement of such increments shall be specified. Increments of
progress shall include, but not be limited to: Submittal of final
control plan to the Administrator; letting of necessary contracts for
construction or process changes or issuance of orders for the purchase
of component parts to accomplish emission control or process
modification; initiation of onsite construction or installation of
emission control equipment or process modification; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
(3) Where any such owner or operator demonstrates to the
satisfaction of the Administrator that compliance with the applicable
regulations will be achieved on or before January 31, 1974, no
compliance schedule shall be required.
(4) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
(5) Any compliance schedule adopted by the State and approved by the
Administrator shall satisfy the requirements of this paragraph for the
affected source.
(e) [Reserved]
(f) State compliance schedules. (1) [Reserved]
(2) The compliance schedules for the sources identified below are
disapproved as not meeting the requirements of Subpart N of this
chapter. All regulations cited are air pollution control regulations of
the county in which the source is located, unless otherwise indicated.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule or regulation
Source Location (county) involved Date of adoption Effective date Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Simpson Lee Paper Co. (Order No. 72- Shasta................ 3.2................... Oct. 31, 1973........ Immediately.......... Jan. 15, 1976.
V-7).
Monolith Portland Cement Co. (Order Kern.................. 401(b), 404.1, 406.... Dec. 31, 1973........ ......do............. July 1, 1976.
No. 73-6 as amended Mar. 11, 1974).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[37 FR 19814, Sept. 22, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.240, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
[[Page 592]]
Sec. 52.241 Inspection and maintenance program.
(a) [Reserved]
(b) Approval. On June 5, 2009, the California Air Resources Board
submitted a revision to the California Motor Vehicle Inspection and
Maintenance Program (2009 I/M Revision) to satisfy the requirements for
basic and enhanced motor vehicle inspection and maintenance (I/M) in
applicable ozone nonattainment areas. On October 28, 2009, the
California Air Resources Board amended the 2009 I/M Revision to include
revised enhanced performance program evaluations for six nonattainment
areas. Approved elements of the 2009 I/M Revision, as amended on October
28, 2009, include a discussion of each of the required design elements
of the I/M program; description of the current geographic coverage of
the program; I/M-related statutes and regulations; enhanced I/M
performance standard evaluations for the urbanized areas within six
California ozone nonattainment areas (South Coast Air Basin, San Joaquin
Valley, Sacramento Metro, Coachella Valley, Ventura County, and Western
Mojave Desert); basic I/M performance standard evaluation for the
urbanized area within the San Francisco Bay Area ozone nonattainment
area; and emission analyzer specifications and test procedures,
including BAR-97 specifications. The 2009 I/M Revision, as amended on
October 28, 2009, meets the requirements of sections 182(a)(2)(B) and
182(c)(3) of the Clean Air Act, as amended in 1990, and 40 CFR part 51,
subpart S and is approved as a revision to the California State
Implementation Plan.
[75 FR 38026, July 1, 2010]
Sec. 52.242 Disapproved rules and regulations.
(a) The following Air Pollution Control District rules are
disapproved because they do not meet the requirements of section 110 of
the Clean Air Act.
(1) South Coast Air Quality Management District.
(i) Rule 1623, Credits for Lawn and Garden Equipment, submitted on
August 28, 1996 and adopted on May 10, 1996.
(ii) Rule 118, Emergencies, submitted on May 21, 1998.
(iii) Rule 1175, ``Control of Emissions from the Manufacturing of
Polymeric Cellular (Foam) Products,'' submitted on March 7, 2008 and
adopted on September 7, 2007.
(iv) Rule 511.1, ``Subpoenas,'' submitted on February 7, 1989.
(v) Rule 503.1, ``Ex Parte Petitions for Variances,'' submitted on
February 7, 1989.
(vi) Rule 504, ``Rules from which Variances Are Not Allowed,''
submitted on May 13, 1991.
(vii) Rule 1610, ``Old-Vehicle Scrapping,'' submitted on June 3,
1997.
(viii) Rule 2202, ``On-Road Motor Vehicle Mitigation Options,''
submitted on June 3, 1999.
(2) Antelope Valley Air Pollution Control District.
(i) Rule 118, Emergencies, submitted on March 10, 1998.
(3) Imperial County Air Pollution Control District.
(i) Rule 401, Opacity of Emissions submitted on May 26, 2000. Rule
401 submitted on June 9, 1987, is retained.
(4) San Joaquin Valley Unified Air Pollution Control District.
(i) Rule 4101, Visible Emissions, submitted on December 6, 2001 and
adopted on November 15, 2001.
(5) Kern County Air Pollution Control District.
(i) Rule 203, Transfer, submitted on July 23, 1996 and amended on
May 2, 1996. Rule 203, submitted on June 30, 1972, is retained.
(6) Monterey Bay Unified Air Pollution Control District
(i) Rule 400, Visible Emissions, submitted on March 7, 2008. Rule
400 submitted on January 15, 2004, is retained.
[65 FR 10717, Feb. 29, 2000, as amended at 66 FR 49297, Sept. 27, 2001;
67 FR 62385, Oct. 7, 2002; 69 FR 1273, Jan. 8, 2004; 72 FR 63110, Nov.
8, 2007; 75 FR 25778, May 10, 2010; 75 FR 37730, June 30, 2010; 81 FR
4891, Jan. 28, 2016]
Sec. 52.243 Interim approval of the Carbon Monoxide plan for the South Coast.
The Carbon Monoxide plan for the Los Angeles-South Coast Air Basin
is approved as meeting the provisions of sections 171(1), 172(c)(2), and
187(a)(7)
[[Page 593]]
for quantitative milestones and reasonable further progress, and the
provisions of section 187(a)(7) for attainment demonstration. This
approval expires on August 7, 1998, or earlier if by such earlier date
the State has submitted as a SIP revision a demonstration that the
carbon monoxide emission reduction credits for the enhanced motor
vehicle inspection and maintenance program are appropriate and that the
program is otherwise in compliance with the Clean Air Act and EPA takes
final action approving that revision, as provided by section 348(c) of
the National Highway System Designation Act (Public Law 104-59).
[63 FR 19662, Apr. 21, 1998]
Sec. 52.244 Motor vehicle emissions budgets.
(a) Approval of the motor vehicle emissions budgets for the
following ozone rate-of-progress and attainment SIPs will apply for
transportation conformity purposes only until new budgets based on
updated planning data and models have been submitted and EPA has found
the budgets to be adequate for conformity purposes.
(1) Antelope Valley, approved January 8, 1997;
(2) Coachella, approved January 8, 1997;
(3) Kern, approved January 8, 1997;
(4) Mojave, approved January 8, 1997;
(5) Sacramento, approved January 8, 1997;
(6) South Coast, approved April 10, 2000;
(7) Ventura, approved January 8, 1997.
(b) Approval of the motor vehicle emissions budgets for the
following ozone maintenance SIP will apply for transportation conformity
purposes only until new budgets based on updated planning data and
models have been submitted and EPA has found the budgets to be adequate
for conformity purposes.
(1) Monterey, approved January 17, 1997.
(2) [Reserved]
(c) Approval of the motor vehicle emissions budgets for the
following carbon monoxide maintenance SIPs will apply for transportation
conformity purposes only until new budgets based on updated planning
data and models have been submitted and EPA has found the budgets to be
adequate for conformity purposes.
(1) Bakersfield, approved March 31, 1998;
(2) Chico, approved March 31, 1998;
(3) Fresno, approved March 31, 1998;
(4) Lake Tahoe-North, approved March 31, 1998;
(5) Lake Tahoe-South, approved March 31, 1998;
(6) Modesto, approved March 31, 1998;
(7) Sacramento, approved March 31, 1998;
(8) San Diego, approved March 31, 1998;
(9) San Francisco Bay Area, approved March 31, 1998;
(10) Stockton, approved March 31, 1998.
(d) Approval of the motor vehicle emissions budgets for the
following nitrogen dioxide maintenance SIP will apply for transportation
conformity purposes only until new budgets based on updated planning
data and models have been submitted and EPA has found the budgets to be
adequate for conformity purposes.
(1) South Coast, approved on July 24, 1998.
(2) [Reserved]
(e) Approval of the motor vehicle emissions budgets for the
following PM-10 reasonable further progress and attainment SIPs will
apply for transportation conformity purposes only until new budgets
based on updated planning data and models have been submitted and EPA
has found the budgets to be adequate for conformity purposes.
(1) South Coast, approved April 18, 2003.
(2) Coachella Valley, approved April 18, 2003.
[67 FR 69146, Nov. 15, 2002, as amended at 68 FR 19317, 19319, Apr. 18,
2003]
Sec. 52.245 New Source Review rules.
(a) Approval of the New Source Review rules for the San Joaquin
Valley Unified Air Pollution Control District Rules 2020 and 2201 as
approved on May 17, 2004 in Sec. 52.220(c)(311)(i)(B)(1), and in effect
for Federal purposes from June 16, 2004 through June 10, 2010, is
limited, as it relates to agricultural
[[Page 594]]
sources, to the extent that the permit requirements apply:
(1) To agricultural sources with potential emissions at or above a
major source applicability threshold; and
(2) To agricultural sources with actual emissions at or above 50
percent of a major source applicability threshold.
(b) Approval of the New Source Review rules for the San Joaquin
Valley Unified Air Pollution Control District Rules 2020 and 2201 as
approved on May 17, 2004 in Sec. 52.220(c)(311)(i)(B)(1), and in effect
for Federal purposes from June 16, 2004 through June 10, 2010, is
limited, as it relates to agricultural sources, to the extent that the
emission offset requirements apply to major agricultural sources and
major modifications of such sources.
(c) By May 7, 2016, the New Source Review rules for PM2.5
for the San Joaquin Valley Unified Air Pollution Control District must
be revised and submitted as a SIP revision. The rules must satisfy the
requirements of sections 189(b)(3) and 189(e) and all other applicable
requirements of the Clean Air Act for implementation of the 1997
PM2.5 NAAQS.
(d) By August 14, 2017, the New Source Review rules for
PM2.5 for the South Coast Air Quality Management District
must be revised and submitted as a SIP revision. The rules must satisfy
the requirements of sections 189(b)(3) and 189(e) and all other
applicable requirements of the Clean Air Act for implementation of the
2006 PM2.5 NAAQS.
(e) By February 21, 2017, the New Source Review rules for
PM2.5 for the San Joaquin Valley Unified Air Pollution
Control District must be revised and submitted as a SIP revision. The
rules must satisfy the requirements of sections 189(b)(3) and 189(e) and
all other applicable requirements of the Clean Air Act for
implementation of the 2006 PM2.5 NAAQS.
[78 FR 46514, Aug. 1, 2013, as amended at 80 FR 18533, Apr. 7, 2015; 81
FR 1520, Jan. 13, 2016; 81 FR 3000, Jan. 20, 2016]
Sec. 52.246 Control of dry cleaning solvent vapor losses.
(a) For the purpose of this section, ``dry cleaning operation''
means that process by which an organic solvent is used in the commercial
cleaning of garments and other fabric materials.
(b) This section is applicable in the Metropolitan Los Angeles,
Sacramento Valley, and San Joaquin Valley Intrastate Air Quality Control
Regions (the ``Regions''), as described in 40 CFR part 81, dated July 1,
1979, except as follows:
(1) In the following portions of the Sacramento Valley Region, this
section is rescinded:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) Yuba County APCD.
(iv) Sutter County APCD.
(2) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is rescinded:
(i) Ventura County APCD.
(3) In the following portions of the San Joaquin Valley Intrastate
Region, this section is rescinded:
(i) San Joaquin County APCD.
(ii) Stanislaus County APCD.
(iii) Tulare County APCD.
(iv) Fresno County APCD.
(c) Any dry cleaning establishment that uses solvents containing 4
percent or more by volume of any reactive organic material listed under
paragraphs (k) (1), (2), and (3) of Sec. 52.254 except
perchloroethylene or any saturated halogenated hydrocarbon shall reduce
the emissions of the discharged organics by 90 percent by use of
activated carbon adsorption, or other appropriate means, not later than
January 1, 1975.
(d) If incineration is used as a control technique, 90 percent or
more of the carbon in the organic compounds being incinerated must be
oxidized to carbon dioxide.
[38 FR 31246, Nov. 12, 1973, as amended at 42 FR 41122, Aug. 15, 1977;
42 FR 42226, Aug. 22, 1977; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May
3, 1982; 47 FR 26385, June 18, 1982; 47 FR 28622, July 1, 1982; 47 FR
29670, July 8, 1982; 47 FR 50865, Nov. 10, 1982]
Sec. 52.247 Control Strategy and regulations: Fine Particle Matter.
(a) Determination of Attainment: Effective February 8, 2013, EPA has
determined that, based on 2009 to 2011 ambient air quality data, the San
Francisco Bay Area PM2.5 nonattainment area has attained the
2006 24-hour PM2.5
[[Page 595]]
NAAQS. This determination suspends the requirements for this area to
submit an attainment demonstration, associated reasonably available
control measures, a reasonable further progress plan, contingency
measures, and other planning SIPs related to attainment for as long as
this area continues to attain the 2006 24-hour PM2.5 NAAQS.
If EPA determines, after notice-and-comment rulemaking, that this area
no longer meets the 2006 PM2.5 NAAQS, the corresponding
determination of attainment for that area shall be withdrawn.
(b) Determination of Attainment: Effective February 11, 2013, EPA
has determined that, based on 2009 to 2011 ambient air quality data, the
Yuba City-Marysville PM2.5 nonattainment area has attained
the 2006 24-hour PM2.5 NAAQS. This determination suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment for as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 PM2.5
NAAQS, the corresponding determination of attainment for that area shall
be withdrawn.
(c) Determination of Attainment: Effective August 14, 2013, EPA has
determined that, based on 2010 to 2012 ambient air quality data, the
Sacramento PM2.5 nonattainment area has attained the 2006 24-
hour PM2.5 NAAQS. This determination suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment for as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 24-hour
PM2.5 NAAQS, the corresponding determination of attainment
for that area shall be withdrawn.
(d) Determination of Attainment: Effective October 10, 2013, EPA has
determined that, based on 2010 to 2012 ambient air quality data, the
Chico PM2.5 nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS. This determination suspends the requirements for
this area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment for
as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 24-hour
PM2.5 NAAQS, the corresponding determination of attainment
for that area shall be withdrawn.
(e) By August 14, 2017, California must adopt and submit a Serious
Area plan to provide for attainment of the 2006 PM2.5 NAAQS
in the South Coast PM2.5 nonattainment area. The Serious Area
plan must include emissions inventories, an attainment demonstration,
best available control measures, a reasonable further progress plan,
quantitative milestones, contingency measures, and such other measures
as may be necessary or appropriate to provide for attainment of the 2006
PM2.5 NAAQS by the applicable attainment date, in accordance
with the requirements of subparts 1 and 4 of part D, title I of the
Clean Air Act.
(f) By August 21, 2017, California must adopt and submit a Serious
Area plan to provide for attainment of the 2006 PM2.5 NAAQS
in the San Joaquin Valley PM2.5 nonattainment area. The
Serious Area plan must include emissions inventories, an attainment
demonstration, best available control measures, a reasonable further
progress plan, quantitative milestones, contingency measures, and such
other measures as may be necessary or appropriate to provide for
attainment of the 2006 PM2.5 NAAQS by the applicable
attainment date, in accordance with the requirements of subparts 1 and 4
of part D, title I of the Clean Air Act.
(g) Determination of Attainment: Effective August 24, 2016, the EPA
has determined that, based on 2011 to 2013 ambient air quality data, the
South Coast PM2.5 nonattainment area has attained the 1997
annual and 24-hour PM2.5 NAAQS. This determination suspends
[[Page 596]]
the requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures and other planning SIPs related to
attainment for as long as this area continues to attain the 1997 annual
and 24-hour PM2.5 NAAQS. If the EPA determines, after notice-
and-comment rulemaking, that this area no longer meets the 1997
PM2.5 NAAQS, the corresponding determination of attainment
for the area shall be withdrawn.
(h) Determination of Failure to Attain: Effective December 23, 2016,
the EPA has determined that the San Joaquin Valley Serious
PM2.5 nonattainment area failed to attain the 1997 annual and
24-hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015. This determination triggers the requirements of CAA
sections 179(d) and 189(d) for the State of California to submit a
revision to the California SIP for the San Joaquin Valley to the EPA by
December 31, 2016. The SIP revision must, among other elements,
demonstrate expeditious attainment of the 1997 PM2.5 NAAQS
within the time period provided under CAA section 179(d) and that
provides for annual reduction in the emissions of direct
PM2.5 or a PM2.5 plan precursor pollutant within
the area of not less than five percent until attainment.
(i) Determination of attainment. Effective May 12, 2017, EPA has
determined that, based on 2013 to 2015 ambient air quality data, the
Imperial County PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS. Under the provisions of EPA's
PM2.5 implementation rule (see 40 CFR 51.1015), this
determination suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment for as long as this area
continues to attain the 2006 24-hour PM2.5 NAAQS. If EPA
determines, after notice-and-comment rulemaking, that this area no
longer meets the 2006 24-hour PM2.5 NAAQS, the corresponding
determination of attainment for that area shall be withdrawn.
(j) Determination of attainment. Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015 ambient air quality data, the
Chico, CA PM2.5 nonattainment area has attained the 2006 24-
hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015. Therefore, the EPA has met the requirement pursuant
to CAA section 188(b)(2) to determine whether the area attained the
standard. The EPA also has determined that the Chico, CA nonattainment
area will not be reclassified for failure to attain by its applicable
attainment date under section 188(b)(2).
(k) Determination of attainment. Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015 ambient air quality data, the
Imperial County, CA PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015. Therefore, the EPA has met the requirement pursuant
to CAA section 188(b)(2) to determine whether the area attained the
standard. The EPA also has determined that the Imperial County, CA
nonattainment area will not be reclassified for failure to attain by its
applicable attainment date under section 188(b)(2).
(l) Determination of attainment. Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015 ambient air quality data, the
Sacramento, CA PM2.5 nonattainment area has attained the 2006
24-hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015. Therefore, the EPA has met the requirement pursuant
to CAA section 188(b)(2) to determine whether the area attained the
standard. The EPA also has determined that the Sacramento, CA
nonattainment area will not be reclassified for failure to attain by its
applicable attainment date under section 188(b)(2).
(m) Determination of attainment. Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015 ambient air quality data, the San
Francisco Bay, CA PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015. Therefore, the EPA has met the requirement pursuant
to CAA section 188(b)(2) to determine
[[Page 597]]
whether the area attained the standard. The EPA also has determined that
the San Francisco Bay, CA nonattainment area will not be reclassified
for failure to attain by its applicable attainment date under section
188(b)(2).
[78 FR 1761, Jan. 9, 2013, as amended at 78 FR 2213, Jan. 10, 2013; 78
FR 42021, July 15, 2013; 78 FR 55228, Sept. 10, 2013; 81 FR 1520, Jan.
13, 2016; 81 FR 42264, June 29, 2016; 81 FR 48355, July 25, 2016; 81 FR
84483, Nov. 23, 2016; 82 FR 13398, Mar. 13, 2017; 82 FR 21715, May 10,
2017]
Sec. 52.248 Identification of plan--conditional approval.
(a) The EPA is conditionally approving a California State
Implementation Plan (SIP) revision submitted on November 13, 2015
updating the motor vehicle emissions budgets for nitrogen oxides
(NOX) and coarse particulate matter (PM10) for the
1987 24-hour PM10 standard for the San Joaquin Valley
PM10 maintenance area. The conditional approval is based on a
commitment from the State to submit a SIP revision that demonstrates
full implementation of the contingency provisions of the 2007
PM10 Maintenance Plan and Request for Redesignation
(September 20, 2007). If the State fails to meet its commitment by June
1, 2017, the approval is treated as a disapproval.
(b) The EPA is conditionally approving portions of the California
SIP revisions submitted on January 31, 2007 and October 23, 2015,
demonstrating control measures in the Antelope Valley portion of the Los
Angeles-San Bernardino Counties (West Mojave Desert) nonattainment area
implement RACT for the 1997 and 2008 ozone standards. The conditional
approval is based on a commitment from the state to submit new or
revised rules that will correct deficiencies in the following rules for
the Antelope Valley Air Quality Management District:
(1) [Reserved]
(2) Rule 1110.2, Emissions from Stationary, Non-road & Portable
Internal Combustion Engines;
(3) Rule 1151, Motor Vehicle and Mobile Equipment Coating
Operations; and
(4) Rule 1171, Solvent Cleaning Operations. If the State fails to
meet its commitment by November 9, 2018, the conditional approval is
treated as a disapproval.
(c) [Reserved]
(d) The EPA is conditionally approving portions of the California
SIP revisions submitted on July 11, 2007 and September 9, 2015,
demonstrating control measures in the Mojave Desert portion of the Los
Angeles-San Bernardino Counties (West Mojave Desert) nonattainment area
implement RACT for the 1997 and 2008 ozone standards. The conditional
approval is based on a commitment from the state to submit new or
revised rules that will correct deficiencies in the following rules for
the Mojave Desert Air Quality Management District: (i) Rule 461,
Gasoline Transfer and Dispensing; (ii) Rule 462, Organic Liquid Loading;
(iii) Rule 463, Storage of Organic Liquids; (iv) Rule 1104, Organic
Solvent Degreasing; (v) Rule 1114, Wood Products Coating Operations;
(vi) Rule 1115, Metal Parts and Product Coating Operations; (vii) Rule
1157, Boilers and Process Heaters; (viii) Rule 1160, Internal Combustion
Engines; (ix) Rule 1161, Portland Cement Kilns; and (x) Rule 1162,
Polyester Resin Operations.If the State fails to meet its commitment by
January 31, 2019, the conditional approval is treated as a disapproval.
(e) The EPA is conditionally approving California State
Implementation Plan (SIP) revisions submitted on June 17, 2016, updating
New Source Review permitting rules for the San Diego Air Pollution
Control District (SDAPCD). The conditional approval is based on a
commitment from the State to submit a SIP revision that will correct
identified deficiencies in the following rules for the SDAPCD:
(1) Rule 20.1, ``New Source Review--General Provisions'';
(2) Rule 20.2, ``New Source Review--Non-Major Stationary Sources''
(except subsections (d)(2)(i)(B), (d)(2)(v), (d)(2)(vi)(B) and (d)(3));
(3) Rule 20.3, ``New Source Review--Major Stationary Sources and PSD
Stationary Sources'' (except subsections (d)(1)(vi), (d)(2)(i)(B),
(d)(2)(v), (d)(2)(vi)(B) and (d)(3));
(4) Rule 20.4, ``New Sources Review--Portable Emission Units''
(except subsections (b)(2), (b)(3), (d)(1)(iii),
[[Page 598]]
(d)(2)(i)(B), (d)(2)(iv), (d)(2)(v)(B), (d)(3) and (d)(5)); and
(5) Rule 20.6, ``Standards for Permit to Operate Air Quality
Analysis.'' If the State fails to meet its commitment by July 31, 2019,
the conditional approval is treated as a disapproval.
(f) The EPA is conditionally approving a California State
Implementation Plan (SIP) revision submitted on May 8, 2017, updating
Rule 1325--Federal PM2.5 New Source Review Program, for the
South Coast Air Quality Management District. The conditional approval is
based on a commitment from the State to submit a SIP revision that will
correct the identified deficiencies. If the State fails to meet its
commitment by December 30, 2019, the conditional approval is treated as
a disapproval.
(g) The EPA is conditionally approving the California State
Implementation Plan (SIP) for San Joaquin Valley for the 2008 ozone
NAAQS with respect to the contingency measure requirements of CAA
sections 172(c)(9) and 182(c)(9). The conditional approval is based on a
commitment from the San Joaquin Valley Unified Air Pollution Control
District (District) dated October 18, 2018 to adopt specific rule
revisions, and a commitment from the California Air Resources Board
(CARB) dated October 30, 2018 to submit the amended District rule to the
EPA within 12 months of the effective date of the final conditional
approval. If the District or CARB fail to meet their commitment within
one year of the effective date of the final conditional approval, the
conditional approval is treated as a disapproval.
[82 FR 46926, Oct. 10, 2017, as amended at 82 FR 57135, Dec. 4, 2017; 83
FR 5923, Feb. 12, 2018; 83 FR 23374, May 21, 2018; 83 FR 50010, Oct. 4,
2018; 83 FR 61552, Nov. 30, 2018; 84 FR 11207, Mar. 25, 2019; 84 FR
19682, May 3, 2019]
Sec. Sec. 52.249-52.251 [Reserved]
Sec. 52.252 Control of degreasing operations.
(a) ``Degreasing'' means any operation using an organic solvent as a
surface cleaning agent prior to fabricating, surface coating,
electroplating, or any other process.
(b) This section is applicable in the Sacramento Valley, San Joaquin
Valley, and San Francisco Bay Area Intrastate Air Quality Control
Regions (the ``Regions''), as described in 40 CFR part 81, dated July 1,
1979, except as follows:
(1) In the following portions of the Sacramento Valley Region, this
section is rescinded:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) Yuba County APCD.
(iv) Sutter County APCD.
(c) Any organic emissions discharged from degreasing operations must
either be reduced by at least 85 percent, or the degreasing solvent must
be classified as non-photochemically reactive as defined by paragraph
(k) of Sec. 52.254 not later than January 1, 1975. This regulation
shall not be construed as lessening any emission control requirement
specified under EPA approved regulations or Sec. 52.254. Degreasing
operations using perchloroethylene or saturated halogenated hydrocarbons
shall be exempt from the requirements of this section.
[38 FR 31249, Nov. 12, 1973, as amended at 42 FR 42226, Aug. 22, 1977;
47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR 19332, May
5, 1982; 47 FR 28622, July 1, 1982]
Sec. 52.253 Metal surface coating thinner and reducer.
(a) All terms defined in Sec. 52.254 are used herein with the
meanings so defined.
(b) This section is applicable in the Metropolitan Los Angeles, San
Diego, Sacramento Valley, San Joaquin Valley, and San Francisco Bay Area
Intrastate Air Quality Control Regions (the ``Regions''), as described
in 40 CFR part 81, dated July 1, 1979, except as follows:
(1) In the following portions of the Sacramento Valley Intrastate
Region, this section is either fully rescinded or partially rescinded
subject to the conditions specified as follows:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Yolo-Solano County Rule
2.25 submitted on February 25, 1980.
[[Page 599]]
(iv) Yuba County APCD.
(v) Sutter County APCD.
(2) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is either fully rescinded or partially
rescinded subject to the conditions specified as follows:
(i) This section is fully rescinded for the Ventura County APCD.
(ii) This section is rescinded for magnet wire insulators, can and
coil coaters, metal parts coaters, and auto assembly line coaters which
are subject to and in full compliance with Rules 1107, 1115, 1125, and
1126 in the South Coast AQMD.
(iii) This section is rescinded for metal parts coaters that are
subject to and in full compliance with Rule 330 submitted on October 18,
1979, in the Santa Barbara County APCD.
(3) In the following portions of the San Joaquin Valley Intrastate
Region, this section is rescinded for certain sources subject to the
conditions specified:
(i) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Kern County Rule 410.4,
submitted on October 15, 1979.
(ii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Madera County APCD's
Rule 410.4 submitted on October 10, 1980.
(iii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Merced County Rule
409.4 submitted on October 10, 1980.
(iv) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with San Joaquin County Rule
409.4 submitted on October 10, 1980.
(v) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Stanislaus County Rule
410.4 submitted on October 10, 1980.
(vi) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Tulare County Rule
410.4 submitted on October 10, 1980.
(vii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Kings County Rule 410.4
submitted on October 10, 1980.
(viii) This section is rescinded for metal parts and products
coaters which are subject to and in full compliance with Fresno County
Rule 409.4 submitted on October 15, 1979.
(4) In the San Francisco Bay Area Intrastate Region this section is
rescinded for certain operations, subject to the conditions specified
below:
(i) This section is rescinded for metal container, closure and coil
coating operations, light and medium-duty motor vehicle assembly plants,
large appliance and metal furniture coaters, and miscellaneous metal
parts and products coating operations, which are subject to and in full
compliance with Rules 11, 13, 14, and 19 of Regulation 8 in the Bay Area
AQMD.
(5) In the San Diego Intrastate Region, this section is rescinded:
(i) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with San Diego APCD Rule
67.3, submitted on October 25, 1979.
(c) The composition of the organics in all metal surface coating
thinners and reducers that are manufactured after January 1, 1975, and
are used in the Regions, shall conform to paragraph (k) of Sec. 52.254
so as to be defined as a nonphotochemically reactive solvent.
(d) After July 1975, the composition of the organics in all metal
surface coating thinners and reducers that are used in the Regions,
shall conform to paragraph (k) of Sec. 52.254 so as to be defined as a
non-photochemically reactive solvent.
(e) If there is an inadequate supply of necessary solvent
ingredients needed in the manufacture of metal surface coating thinners
and reducers for the purpose of meeting the composition requirements of
this section in the time constraint required by this section; then
evidence of such a supply inadequacy must be presented to the
Administrator by the manufacturers of the metal surface coating thinners
and reducers, so that the Administrator may grant to the industry an
appropriate implementation time extension for meeting the requirements
of this
[[Page 600]]
section, if and as warranted by the evidence presented.
[38 FR 31249, Nov. 12, 1973, as amended at 42 FR 28123, June 2, 1977; 46
FR 5979, Jan. 21, 1981; 46 FR 42461, Aug. 21, 1981; 47 FR 11870, Mar.
19, 1982; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR
19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 24308, June 4, 1982;
47 FR 28622, July 1, 1982]
Sec. 52.254 Organic solvent usage.
(a) This section is applicable in the Sacramento Valley, San
Francisco Bay Area, and San Joaquin Valley Intrastate Air Quality
Control Regions (the ``Regions''), as described in 40 CFR part 81, dated
July 1, 1979, except as follows:
(1) In the following portions of the San Joaquin Valley Region, only
the hourly emission limitations contained in paragraphs (b), (c), and
(d) of this section are in effect; the following paragraphs, needed for
interpretation are also in effect: Paragraphs (e) through (l) and (o)
through (q) of this section. In addition, this section is entirely
rescinded for specific operations for some of the counties noted below:
(i) This section is rescinded entirely for metal parts and products
coaters which are subject to and in full compliance with Rule 409.4 for
the Fresno County APCD, Rule 410.4 for the Kings County APCD, Rule 410.4
for the Madera County APCD, Rule 409.4 for the Merced County APCD, Rule
409.4 for the San Joaquin County APCD, Rule 409.4 for the Stanislaus
County APCD, and Rule 410.4 for the Tulare County APCD.
(ii) Kern County APCD. This section is rescinded entirely for metal
parts and product coaters which are subject to and in full compliance
with Rule 410.4.
(iii) Fresno County APCD.
(iv) San Joaquin County APCD.
(v) Madera County APCD.
(vi) Merced County APCD.
(2) In the following portions of the San Joaquin Valley Region, only
the hourly emission limitations contained in paragraphs (b), (c), and
(d) of this section and the architectural coatings and solvent disposal
emission limitations contained in paragraphs (m) and (n) of this section
are in effect; the following paragraphs, needed for interpretation and
enforcement of these emission limitations, are also in effect:
Paragraphs (e) through (l) and (o) through (q) of this section.
(i) Kings County APCD.
(3) In the following portions of the Sacramento Valley Region, this
section is rescinded:
(i) Sacramento County APCD.
(ii) Yolo-Solano APCD.
(iii) Shasta County APCD.
(iv) Placer County APCD (Mountain Counties Air Basin portion).
(v) Yuba County APCD.
(vi) Sutter County APCD.
(vii) El Dorado County (Mountain Counties Air Basin portion).
(4) This section is rescinded for the San Francisco Bay Area
Intrastate Region except for paragraph (d), which is retained until
December 31, 1982 for sources constructed prior to October 2, 1974. The
following paragraphs, needed for interpretation and enforcement of
paragraph (d) are also in effect: Paragraphs (e) through (l) and (o)
through (q) of this section.
(5) In the following portions of the Sacramento Valley Intrastate
Region, paragraph (m) of this section is rescinded.
(i) Butte County APCD.
(ii) Sutter County APCD.
(b) No person shall discharge into the atmosphere more than 15
pounds of organic materials in any 1 day or more than 3 pounds in any 1
hour from any article, machine, equipment, or other contrivance in which
any organic solvent or any material containing organic solvent comes
into contact with flame or is baked, heat-cured, or heat-polymerized in
the presence of oxygen, unless said discharge has been reduced by at
least 85 percent. Those portions of any series of articles, machines,
equipment, or other contrivances designed for processing continuous web,
strip, or wire that emit organic materials in the course of using
operations described in this section shall be collectively subject to
compliance with this section.
(c) A person shall not discharge to the atmosphere more than 40
pounds of organic materials in any 1 day or more than 8 pounds in any 1
hour from any article, machine, equipment, or other contrivance used
under conditions
[[Page 601]]
other than those described in paragraph (b) of this section for
employing or applying any photochemically reactive solvent, as defined
in paragraph (k) of this section, or material containing such
photochemically reactive solvent, unless said discharge has been reduced
by at least 85 percent. Emissions of organic materials into the
atmosphere resulting from air- or heated-drying of products for the
first 12 hours after their removal from any article, machine, or other
contrivance described in this section shall be included in determining
compliance with this paragraph. Emissions resulting from baking, heat-
curing, or heat-polymerizing as described in paragraph (b) of this
section shall be excluded from determination of compliance with this
section. Those portions of any series of articles, machines, equipment,
or other contrivances designed for processing a continuous web, strip,
or wire that emit organic materials in the course of using operations
described in this section shall be collectively subject to compliance
with this section.
(d) A person shall not, after August 31, 1976, discharge into the
atmosphere more than 3,000 pounds of organic materials in any 1 day or
more than 450 pounds in any 1 hour from any article, machine, equipment,
or other contrivance in which any non-photochemically reactive organic
solvent or any material containing such a solvent is employed or
applied, unless said discharge has been reduced by at least 85 percent.
Emissions of organic materials into the atmosphere resulting from air-
or heated-drying of products for the first 12 hours after their removal
from any article, machine, equipment, or other contrivance described in
this section shall be included in determining compliance with this
section. Emissions resulting from baking, heat-curing, or heat-
polymerizing as described in paragraph (b) of this section shall be
excluded from determination of compliance with this section. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials in the course of using operations described
in this section shall be collectively subject to compliance with this
section.
(e) Emissions of organic materials to the atmosphere from the
cleaning with photochemically reactive solvent, as defined in paragraph
(k) of this section, of any article, machine, equipment, or other
contrivance described in paragraph (b), (c), or (d) of this section,
shall be included with the other emissions of organic materials for
determining compliance with this rule.
(f) Emissions of organic materials into the atmosphere required to
be controlled by paragraph (b), (c), or (d) of this section, shall be
reduced by:
(1) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is oxidized to carbon dioxide, or
(2) Adsorption, or
(3) Processing in a manner determined by the Administrator to be not
less effective than the methods outlined in paragraph (f) (1) or (2) of
this section.
(g) A person incinerating, adsorbing, or otherwise processing
organic materials pursuant to this section shall provide, properly
install and maintain in calibration, in good working order and in
operation, devices as specified in the authority to construct or permit
to operate, or as specified by the Administrator, for indicating
temperatures, pressures, rates of flow, or other operating conditions
necessary to determine the degree and effectiveness of air pollution
control.
(h) Any person using organic solvents or any materials containing
organic solvents shall supply the Administrator upon request and in the
manner and form prescribed by him, written evidence of the chemical
composition, physical properties, and amount consumed for each organic
solvent used.
(i) The provisions of this section shall not apply to:
(1) The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
(2) The use of equipment for which other requirements are specified
by rules or which are exempted from air pollution control requirements
by applicable rules affecting the storage of petroleum products,
effluent oil-water
[[Page 602]]
separators, and the transfer of gasoline.
(3) The spraying or other employment of insecticides, pesticides, or
herbicides.
(4) The employment, application, evaporation, or drying of saturated
halogenated hydrocarbons or perchloroethylene.
(5) The use of any material in any article, machine, equipment, or
other contrivance described in paragraph (b), (c), (d), or (e) of this
section, if:
(i) The volatile content of such materials consists only of water
and organic solvent, and
(ii) The organic solvents comprise not more than 20 percent by
volume of said volatile content, and
(iii) The volatile content is not photochemically reactive as
defined in paragraph (k) of this section, and
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame.
This last stipulation applies only for those articles, machines,
equipment, or contrivances that are constructed or modified after the
effective date of this section.
(6) The use of any material in any article, machine, equipment or
other contrivance described in paragraph (b), (c), (d), or (e) of this
section, if:
(i) The organic solvent content of such material does not exceed 30
percent by volume of said material; this to be effective until January
1, 1977. After January 1, 1977, the organic solvent content of such
material must not exceed 20 percent by volume of said material.
(ii) The volatile content is not photochemically reactive as defined
in paragraph (k) of this section, and
(iii) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment, or contrivances that are
constructed or modified after the effective date of this section.
(j) For the purposes of this section, organic solvents include
diluents, thinners, and reducers and are defined as organic materials
that are liquids at standard conditions and are used as dissolvers,
viscosity reducers, or cleaning agents, except that such materials
exhibiting a boiling point higher than 220 [deg]F at 0.5 millimeter
mercury absolute pressure or having an equivalent vapor pressure shall
not be considered to be solvents unless exposed to temperatures
exceeding 220 [deg]F.
(k) For the purpose of this section, a photochemically reactive
solvent is any solvent with an aggregate of more than 20 percent of its
total volume composed of the chemical compounds classified below or
which exceeds any of the following individual percentage composition
limitations, referred to the total volume of solvent:
(1) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cycloolefinic type of
unsaturation; 5 percent;
(2) A combination of aromatic compounds with 8 or more carbon atoms
to the molecule except ethylbenzene, phenyl acetate, and methyl
benzoate; 8 percent;
(3) A combination of ethylbenzene, ketones having branched
hydrocarbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of the
above groups of organic compounds, it shall be considered as a member of
the most reactive chemical group, that is, that group having the least
allowable percent of the total volume of solvents.
(l) For the purpose of this section, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbonates, and ammonium carbonate.
(m) Architectural coatings and their use shall conform to the
following requirements, on or before January 1, 1975:
(1) A person shall not sell or offer for sale or use in the areas in
which this section applies, in containers of 1-quart capacity or larger,
any architectural coating containing photochemically reactive solvent,
as defined in paragraph (k) of this section.
(2) A person shall not employ, apply, evaporate, or dry in the areas
in which this section applies, any architectural
[[Page 603]]
coating purchased in containers of 1-quart capacity or larger containing
photochemically reactive solvent, as defined in paragraph (k) of this
section.
(3) A person shall not thin or dilute any architectural coating with
a photochemically reactive solvent, as defined in paragraph (k) of this
section.
(4) For the purpose of this section, an architectural coating is
defined as a coating used for residential or commercial buildings and
their appurtenances, or for industrial buildings.
(n) A person shall not during any one day dispose of a total of more
than 1.5 gallons of any photochemically reactive solvent as defined in
paragraph (k) of this section, or of any material containing more than
1.5 gallons of any such photochemically reactive solvent by any means
that will permit the evaporation of such solvent into the atmosphere.
(o) Compliance schedule. (1) Except where other final compliance
dates are provided in this section, the owner or operator of any
stationary source subject to this section shall comply with this section
on or before March 31, 1974. In any event:
(i) Any owner or operator in compliance with this section on the
effective date of this section shall certify such compliance to the
Administrator no later than 120 days following the effective date of
this section.
(ii) Any owner or operator who achieves compliance with this section
after the effective date of this section shall certify such compliance
to the Administrator within 5 days of the date compliance is achieved.
(p) Any owner or operator of a stationary source subject to
paragraph (o)(1) of this section may, not later than 120 days following
the effective date of this section, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compliance
with the provisions in paragraph (o)(1) of this section as expeditiously
as practicable but no later than July 31, 1975. The compliance schedule
shall provide for increments of progress toward compliance. The dates
for achievement of such increments of progress shall be specified.
Increments of progress shall include, but not be limited to:
Submittal of a final control plan to the Administrator; letting of
necessary contracts for construction or process changes or issuance of
orders for the purchase of component parts to accomplish emission
control or process modification; initiation of onsite construction or
installation of emission control equipment or process modification;
completion of onsite construction or installation of emission control
equipment or process modification and final compliance.
(q) Any owner or operator who submits a compliance schedule pursuant
to this section shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
[38 FR 31249, Nov. 12, 1973]
Editorial Note: For Federal Register citations affecting Sec.
52.254, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.255 Gasoline transfer vapor control.
(a) ``Gasoline'' means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles and
Sacramento Valley Intrastate Air Quality Control Regions, as described
in 40 CFR part 81, dated July 1, 1979, with the following exceptions:
(1) The control requirements of this section are limited to
facilities with a total throughput less than 20,000 gallons per day, the
refilling of delivery vessels at these facilities, and storage
containers serviced by these facilities for those air pollution control
districts identified below.
(i) Ventura County APCD.
(2) The control requirements of this section are rescinded in the
following air pollution control districts.
(i) South Coast AQMD.
(ii) Santa Barbara County APCD.
(iii) Placer County APCD (Mountain Counties Air Basin portion).
(iv) Sacramento County APCD.
(v) Yolo-Solano County APCD.
(vi) Butte County APCD.
(vii) Glenn County APCD.
[[Page 604]]
(viii) El Dorado County APCD (Mountain Counties Air Basin portion).
(3) The control requirements of this section are rescinded in the
following air pollution control districts:
(i) South Coast AQMD.
(ii)-(viii) [Reserved]
(ix) Santa Barbara County APCD.
(x) Placer County APCD (Mountain Counties Air Basin portion).
(xi) Sacramento County APCD.
(xii) Yolo-Solano County APCD.
(xiii) Butte County APCD.
(xiv) Glenn County APCD.
(c) No person shall transfer gasoline from any delivery vessel into
any stationary storage container with a capacity greater than 250
gallons unless such container is equipped with a submerged fill pipe and
unless the displaced vapors from the storage container are processed by
a system that prevents release to the atmosphere of no less than 90
percent by weight of organic compounds in said vapors displaced from the
stationary container location.
(1) The vapor recovery portion of the system shall include one or
more of the following:
(i) A vapor-tight return line from the storage container to the
delivery vessel and a system that will ensure that the vapor return line
is connected before gasoline can be transferred into the container.
(ii) Refrigeration-condensation system or equivalent designed to
recover no less than 90 percent by weight of the organic compounds in
the displaced vapor.
(2) If a ``vapor-tight vapor return'' system is used to meet the
requirements of this section, the system shall be so constructed as to
be readily adapted to retrofit with an adsorption system, refrigeration-
condensation system, or equivalent vapor removal system, and so
constructed as to anticipate compliance with Sec. 52.256.
(3) The vapor-laden delivery vessel shall be subject to the
following conditions:
(i) The delivery vessel must be so designed and maintained as to be
vapor-tight at all times.
(ii) The vapor-laden delivery vessel may be refilled only at
facilities equipped with a vapor recovery system or the equivalent,
which can recover at least 90 percent by weight of the organic compounds
in the vapors displaced from the delivery vessel during refilling.
(iii) Facilities that do not have more than a 20,000 gallon per day
throughput, and distribute less than 10% of daily volume to delivery
vehicles that in turn service storage tanks that are required to have a
vapor return or balance system, will not be required to comply with the
provisions of paragraph (c) of this section before May 31, 1977.
Facilities that service delivery vehicles that in turn deliver not more
than 500,000 gallons per year to storage tanks that are required to
comply with the provisions of paragraph (c) of this section will not be
required to comply with the provisions of paragraph (c) of this section
before January 1, 1977. Facilities that exclusively service storage
tanks that do not have a required vapor return or balance system, will
not be required to have a vapor recovery system.
(iv) Gasoline storage compartments of 1,000 gallons or less in
gasoline delivery vehicles presently in use on the promulgation date of
this regulation will not be required to be retrofitted with a vapor
return system until May 31, 1977.
(v) Storage containers served by delivery vessels filled at
distribution facilities with extended compliance dates will not be
required to comply with the provisions of paragraph (c) of this section
until May 31, 1977.
(d) The provisions of paragraph (c) of this section shall not apply
to the following:
(1) Storage containers used primarily for the fueling of implements
of husbandry, if such container is equipped by May 31, 1977 with a
permanent submerged fill pipe, or at the time of installation for
containers installed after this date.
(2) Any storage container having a capacity of 2,000 gallons or less
and installed prior to July 1, 1975, if such container is equipped with
a permanent submerged fill pipe by May 31, 1977.
(3) Transfer made to storage tanks equipped with floating roofs or
their equivalent.
(4) Storage containers installed after July 1, 1975 in Kings County.
[[Page 605]]
(5) Storage containers installed after January 1, 1975 in Madera
County.
(e) Compliance schedule:
(1) June 1, 1974--Submit to the Administrator a final control plan,
which describes at a minimum the steps that will be taken by the source
to achieve compliance with the provisions of paragraph (c) of this
section.
(2) March 1, 1975--Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of component
parts to accomplish emission control.
(3) May 1, 1975--Initiate on-site construction or installation of
emission control equipment.
(4) February 1, 1976--Complete on-site construction or installation
of emission control equipment.
(5) July 1, 1976--Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator, within 5
days after the deadline for each increment of progress, whether or not
the required increment of progress has been met.
(f) Paragraph (e) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions
of paragraph (c) of this section and which has certified such compliance
to the Administrator by June 1, 1974. The Administrator may request
whatever supporting information he considers necessary for proper
certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the
Administrator, by June 1, 1974, a proposed alternative schedule. No such
schedule may provide for compliance after March 1, 1976. If promulgated
by the Administrator, such schedule shall satisfy the requirements of
this section for the affected source.
(g) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (e) of this section fails to
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this
chapter.
(h) Any gasoline-dispensing facility subject to this section that
installs a storage tank after the effective date of this section shall
comply with the requirements of paragraph (c) of this section by March
1, 1976 and prior to that date shall comply with paragraph (e) of this
section as far as possible. Any facility subject to this section that
installs a storage tank after March 1, 1976, shall comply with the
requirements of paragraph (c) of this section at the time of
installation.
[38 FR 31251, Nov. 12, 1973]
Editorial Note: For Federal Register citations affecting Sec.
52.255, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.256 Control of evaporative losses from the filling
of vehicular tanks.
(a) ``Gasoline'' means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles and
Sacramento Valley Intrastate Air Quality Control Regions, except as
follows:
(1) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is rescinded.
(i) South Coast AQMD.
(ii) Santa Barbara County APCD.
(2) In the following portions of the San Joaquin Valley Intrastate
Region, this section is rescinded.
(i) Kings County APCD.
(3) In the following portion of the Sacramento Valley Intrastate
Region, this section is rescinded.
(i) Sacramento County APCD.
(ii) El Dorado County APCD (Mountain Counties Air Basin portion).
(iii) Placer County APCD (Mountain Counties Air Basin portion).
(c) A person shall not transfer gasoline to an automotive fuel tank
from a gasoline dispensing system unless the transfer is made through a
fill nozzle designed to:
(1) Prevent discharge of hydrocarbon vapors to the atmosphere from
either the vehicle filler neck or dispensing nozzle;
(2) Direct vapor displaced from the automotive fuel tank to a system
[[Page 606]]
wherein at least 90 percent by weight of the organic compounds in
displaced vapors are recovered; and
(3) Prevent automotive fuel tank overfills or spillage on fill
nozzle disconnect.
(d) The system referred to in paragraph (c) of this section can
consist of a vapor-tight vapor return line from the fill nozzle/filler
neck interface to the dispensing tank or to an adsorption, absorption,
incineration, refrigeration-condensation system or its equivalent.
(e) Components of the systems required by paragraph (c) of Sec.
52.255 can be used for compliance with paragraph (c) of this section.
(f) If it is demonstrated to the satisfaction of the Administrator
that it is impractical to comply with the provisions of paragraph (c) of
this section as a result of vehicle fill neck configuration, location,
or other design features for a class of vehicles, the provisions of this
paragraph shall not apply to such vehicles. However, in no case shall
such configuration exempt any gasoline dispensing facility from
installing and using in the most effective manner a system required by
paragraph (c) of this section.
(g) Compliance schedule:
(1) January 1, 1975--Submit to the Administrator a final control
plan, which describes at a minimum the steps that will be taken by the
source to achieve compliance with the provisions of paragraph (c) of
this section.
(2) March 1, 1975--Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of component
parts to accomplish emission control.
(3) May 1, 1975--Initiate on-site construction or installation of
emission control equipment. Compliance with the requirements of
paragraph (c) of this section shall be as soon as practicable, but no
later than specified in paragraphs (g) (4) and (5)of this section.
(4) May 1, 1977--Complete on-site construction or installation of
emission control equipment or process modification.
(5) May 31, 1977--Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph (g) shall certify to the Administrator,
within 5 days after the deadline for each increment of progress, whether
or not the required increment of progress has been met.
(h) Paragraph (g) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions
of paragraph (c) of this section and which has certified such compliance
to the Administrator by January 1, 1975. The Administrator may request
whatever supporting information he considers necessary for proper
certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the
Administrator, by June 1, 1974, a proposed alternative schedule. No such
schedule may provide for compliance after May 31, 1977. If promulgated
by the Administrator, such schedule shall satisfy the requirements of
this section for the affected source.
(i) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (g) of this section fails to
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this
chapter.
(j) Any gasoline dispensing facility subject to this section that
installs a gasoline dispensing system after the effective date of this
section shall comply with the requirements of paragraph (c) of this
section by May 31, 1977, and prior to that date shall comply with
paragraph (g) of this section as far as possible. Any facility subject
to this section that installs a gasoline dispensing system after May 31,
1977, shall comply with the requirements of paragraph (c) of this
section at the time of installation.
[38 FR 31251, Nov. 12, 1973, as amended at 39 FR 4881, Feb. 8, 1974; 39
FR 21053, June 18, 1974; 46 FR 5979, Jan. 21, 1981; 46 FR 60203, Dec. 9,
1981; 47 FR 19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 28622,
July 1, 1982; 47 FR 29538, July 7, 1982; 51 FR 40676, Nov. 7, 1986]
[[Page 607]]
Sec. Sec. 52.257-52.262 [Reserved]
Sec. 52.263 Priority treatment for buses and carpools--Los Angeles Region.
(a) Definitions:
(1) ``Carpool'' means a vehicle containing three or more persons.
(2) ``Bus/carpool lane'' means a lane on a street or highway open
only to buses (or to buses and carpools), whether constructed especially
for that purpose or converted from existing lanes.
(3) ``Preferential treatment'' for any class of vehicles, means
either the setting aside of one traffic lane for the exclusive use of
such vehicles or other measures (for example, access metering or setting
aside the entire street), which the Administrator finds would be at
least equal in VMT reduction effect to the establishment of such a lane.
(b) This regulation is applicable in the Metropolitan Los Angeles
Intrastate Air Quality Control Region (the ``Region'').
(c) On or before May 31, 1974, the State of California, through the
State Department of Transportation or through other agencies to which
legal authority has been delegated, shall establish the following system
of bus/carpool lanes.
(1) Ventura/Hollywood Corridor--a concurrent flow exclusive bus/
carpool lane from Topanga Canyon Boulevard, Woodland Hills (U.S. 101) to
junction of the Hollywood Freeway, and contraflow on the Hollywood
Freeway (U.S. 101) from the junction with Ventura Freeway in North
Hollywood to Vermont Avenue, and bus preferential treatment on arterial
surface streets from Vermont Avenue to the Los Angeles central business
district (CBD).
(2) Harbor Freeway Corridor--contraflow on Harbor Freeway
(California 11) from vicinity of Pacific Coast Highway, in Wilmington,
to junction of Santa Monica Freeway (I-10), then by surface street
preferential treatment to LA/CBD.
(3) Wilshire Corridor--surface street preferential bus treatment
from vicinity of San Vincente Boulevard, to LA/CBD.
(4) San Bernardino Freeway Corridor-Bus/carpool lane, either
contraflow, or concurrent flow on San Bernardino Freeway from El Monte
terminus of existing San Bernardino Freeway bus lane (I-10), to vicinity
of Ontario Airport.
(5) Priority Treatment in CBD--provide preferential treatment in CBD
on surface streets to connect Wilshire and San Bernardino corridors.
(d) On or before May 31, 1976, the State of California, through the
State Department of Transportation or other agencies to which legal
authority has been delegated, shall establish the following system of
bus and bus/carpool lanes:
(1) Contraflow lane on the Golden State Freeway (I-5) from junction
of Ventura Freeway (California 134) in Los Angeles to San Bernardino
Freeway (I-10).
(2) Contraflow on Pasadena Freeway (California 11) from terminus in
City of Pasadena to Hollywood Freeway (U.S. 101).
(3) Contraflow on Pomona Freeway from San Gabriel Freeway (I-605) to
Santa Ana Freeway (I-5).
(4) Concurrent flow in San Diego Freeway (I-405) from Ventura
Freeway (U.S. 101) in Sherman Oaks to Newport Freeway (California 55),
Costa Mesa.
(5) Concurrent flow on Long Beach Freeway (California 7) from Santa
Ana Freeway (I-5), City of Commerce to San Diego Freeway (I-405), Long
Beach.
(6) Artesia Freeway (California 91) from Santa Ana Freeway (I-5) to
Long Beach Freeway (California 7), Long Beach.
(e) State III will include specific routes in other portions of the
Region.
(f) On or before December 31, 1973, the State of California shall
submit to the Administrator a compliance schedule showing the steps it
will take to establish the system of bus/carpool lanes required by
paragraphs (c) and (d) of this section, with each schedule to include
the following:
(1) A schedule for the establishment of the lanes. The schedule for
the lanes required by paragraph (d) of this section shall provide for
the first such lane to be set aside no later than June 1, 1974.
(2) Bus/carpool lanes must be prominently indicated by overhead
signs at appropriate intervals and at each intersection of entry ramps.
[[Page 608]]
(3) Bus/carpool lanes must be prominently indicated by distinctive
painted, pylon, or physical barriers.
(4) Vehicles using a bus/carpool lane shall have the right of way
when crossing other portions of the road to enter or leave such lanes.
(5) At a minimum, the bus/carpool lanes so set aside shall operate
from 6:30 a.m. to 9:30 a.m. and from 3:30 to 6:30 a.m. each weekday.
(g) No deviation from the system of bus/carpool lanes required under
paragraphs (c) and (d) of this section shall be permitted except upon
application made by the State of California to the Administrator at the
time of submittal of compliance schedules and approved by him, which
application must contain a satisfactory designation of alternate routes
for the establishment of such lanes.
[38 FR 31254, Nov. 12, 1973]
Sec. Sec. 52.264-52.268 [Reserved]
Sec. 52.269 Control strategy and regulations: Photochemical oxidants
(hydrocarbons) and carbon monoxide.
(a) The requirements of subpart G of this chapter are not met
because the plan does not provide for attainment and maintenance of the
national standards for photochemical oxidants (hydrocarbons) and carbon
monoxide in the San Francisco Bay Area, San Diego, Sacramento Valley,
San Joaquin Valley, and Southeast Desert Intrastate Regions by May 31,
1975.
(b) The following regulatory changes represent a relaxation of
previously submitted regulations, and an adequate control strategy
demonstration has not been submitted showing that the relaxation would
not interfere with the attainment and maintenance of the national
standards for photochemical oxidants.
(1) Mountain Counties Intrastate Region.
(i) Calaveras County APCD.
(A) The revocation of Rule 412, Organic Liquid Loading, is
disapproved. Rule 412 submitted on June 30, 1972 and previously approved
in 40 CFR 52.223 is retained.
(B) The revocation of Rule 413, Effluent Oil Water Separators, is
disapproved; and Rule 413 submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(ii) Tuolumne County APCD.
(A) The revocation of Rule 413, Organic Liquid Loading, is
disapproved; and Rule 413 submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(B) The revocation of Rule 414, Effluent Oil Water Separators, is
disapproved; and Rule 414 submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(C) The revocation of Rule 413, Organic Liquid Loadings, submitted
February 10, 1977, is disapproved; and the previously approved Rule 413
submitted on June 30, 1972 remains in effect.
(D) The revocation of Rule 414, Effluent Oil Water Separators,
submitted on February 10, 1977, is disapproved; and the previously
approved Rule 414 submitted on June 30, 1972, remains in effect.
(1-1) San Joaquin Valley Intrastate Region.
(i) Stanislaus County APCD.
(A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule
411.1 submitted on April 21, 1976 remains in effect.
(ii) Merced County APCD.
(A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule
411.1, submitted on August 2, 1976, remains in effect.
(iii) Fresno County APCD.
(A) Rules 411.1, Gasoline Transfer Into Vehicle Fuel Tanks,
submitted on November 4, 1977, is disapproved; and Rule 411.1 submitted
on April 21, 1976, and previously approved under 40 CFR 52.223, is
retained.
(iv) Tulare County APCD.
(A) Section 412.1, Transfer of Gasoline Into Vehicle Fuel Tanks,
submitted on October 13, 1977, is disapproved; and Section 412.1,
submitted on April 21, 1976, and previously approved under 40 CFR
52.223, is retained.
(v) Madera County APCD.
(A) Rule 412.1, Transfer of Gasoline Into Stationary Storage
Containers, submitted on October 13, 1977, is disapproved; and Rules
411, Gasoline Storage and 411.1, Transfer of Gasoline Into Stationary
Storage Containers, submitted on June 30, 1972, and April 10,
[[Page 609]]
1976, respectively, and previously approved under 40 CFR 52.223 are
retained.
(vi) San Joaquin County APCD.
(A) Rule 411.2, Transfer of Gasoline Into Vehicle Fuel Tanks,
submitted on November 4, 1977, is disapproved; and rule 411.2, submitted
on February 10, 1976 and previously approved under 40 CFR 52.223, is
retained.
(2) Sacramento Valley intrastate region:
(i) Sacramento County APCD.
(A) Rule 13 submitted on November 4, 1977, is disapproved.
(ii) Placer County APCD.
(A) Rule 218, Architectural Coatings, adopted on May 20, 1985 and
submitted to EPA on February 10, 1986 is disapproved. The version of
this rule by the same number and title submitted on July 19, 1983 and
approved by EPA on May 3, 1984 is retained.
(iii) Sutter County APCD.
(A) Rule 3.15, Architectural Coatings, adopted on October 15, 1985
and submitted to EPA on February 10, 1986 is disapproved. The version of
this rule by the same number and title submitted on January 1, 1981 and
approved by EPA on May 3, 1982 is retained.
(3) Southeast Desert Intrastate AQCR.
(i) Los Angeles County APCD.
(A) Regulation IV, rule 465, Vacuum Producing Devices or Systems,
submitted on June 6, 1977, is disapproved. Rule 74 with the same title,
submitted on June 6, 1977, is disapproved. Rule 69 with the same title,
submitted on June 30, 1972 and approved under 40 CFR 52.223, is
retained.
(ii) Riverside County APCD.
(A) Regulation IV, rule 465, Vacuum Producing Devices or Systems,
submitted on June 6, 1977, is disapproved. Rule 74 with the same title,
submitted on June 30, 1972 and approved under 40 CFR 52.223, is
retained.
(B) Rule 461, Gasoline Transfer and Dispensing, submitted November
4, 1977, is disapproved. The version of this rule submitted on April 21,
1977 (same number and title), which was previously approved in 40 CFR
52.223, is retained.
(iii) Antelope Valley APCD.
(A) Rule 461, Gasoline Transfer and Dispensing, submitted on May 13,
1999, is disapproved. The version of this rule submitted on January 31,
1996 (same title and number), which was previously approved in 40 CFR
52.220, is retained.
(4) Great Basin Valleys Intrastate Region.
(i) Great Basin Unified APCD.
(A) Rule 418 submitted on November 4, 1977, is disapproved. Rule 418
submitted on April 21, 1976 remains in effect.
(B) Rule 419, Gasoline Loading into Stationary Tanks, submitted on
June 22, 1978, is disapproved, and rule 419, submitted April 21, 1976,
and previously approved in 40 CFR 52.223, is retained.
(c) The following rules and regulations are disapproved because they
represent a relaxation of promulgated EPA regulations, and an adequate
control strategy demonstration has not been submitted showing that the
relaxation would not interfere with the attainment and maintenance of
the national standrds for photochemical oxidants:
(1) Sacramento Valley Intrastate AQCR.
(i) Yolo-Solano APCD.
(A) Rules 2.21(b)(1), 2.21(b)(2), 2.21(b)(4), 2.21(b)(5) and
2.21(b)(6), submitted on June 6, 1977.
(d) Imperial County APCD Rule 415, Gasoline Loading from Tank Trucks
and Trailers, submitted by the State on November 4, 1977 is approved as
applicable to facilities installed after July 1, 1977. District Rule
125, Gasoline Loading into Tank Trucks and Trailers and Rule 129,
Gasoline loading into Tanks, submitted on February 21, 1972 and
previously approved under 40 CFR 52.223 are retained as part of the
State implementation plan, as applicable to facilities installed prior
to July 1, 1977.
(e) The emission reduction credits for the following control
measures contained in Ventura County's 1982 Ozone nonattainment area
plan, submitted by the Governor's designee on December 31, 1982, are
disapproved since the control measures are of an intermittent and
voluntary nature and are therefore not approvable under Sections
110(a)(2)(F)(v) and 123 of the Clean Air Act: R-38/N-16, ``No Use Day'';
R-39/N-17, ``No Drive Day''; R-40, ``No Spray
[[Page 610]]
Day''; R-41/N-18 ``Stationary Source Curtailments.''
[38 FR 16564, June 22, 1973. Redesignated at 40 FR 3767, Jan. 24, 1975]
Editorial Note: For Federal Register citations affecting Sec.
52.269, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.270 Significant deterioration of air quality.
(a) With the exception of the areas listed in paragraph (b) of this
section:
(1) The requirements of Sections 160 through 165 of the Clean Air
Act are not met in California.
(2) The plan does not include approvable procedures for preventing
the significant deterioration of air quality.
(3) The provisions of Sec. 52.21 except paragraph (a)(1) are hereby
incorporated and made a part of the applicable State plan for the State
of California.
(b) District PSD Plans. (1) The PSD rules for Sacramento County Air
Pollution Control District are approved under Part C, Subpart 1, of the
Clean Air Act. However, EPA is retaining authority to apply Sec. 52.21
in certain cases. The provisions of Sec. 52.21 except paragraph (a)(1)
are therefore incorporated and made a part of the State plan for
California for the Sacramento County Air Pollution Control District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources or major
modifications under Sec. 52.21 and which would either have stacks
taller than 65 meters or would use ``dispersion techniques'' as defined
in Sec. 51.1.
(iii) Sources for which EPA has issued permits under Sec. 52.21,
including the following permit and any others for which applications are
received by June 19, 1985.
Procter & Gamble, SAC 83-01, 5/6/83.
(2) The PSD rules for North Coast Unified Air Quality Management
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21 except paragraph (a)(1) are
therefore incorporated and made a part of the State plan for California
for the North Coast Unified Air Quality Management District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources of major
modifications under Sec. 52.21 and which would either have stacks
taller than 65 meters or would use ``dispersion techniques'' as defined
in Sec. 51.1.
(iii) Sources for which EPA has issued permits under Sec. 52.21,
including the following permits and any others for which applications
are received by July 31, 1985;
(A) Arcata Lumber Co. (NC 78-01; November 8, 1979),
(B) Northcoast Paving (NC 79-03; July 5, 1979),
(C) PG&E Buhne Pt. (NC 77-05).
(iv) Those projects which are major stationary sources or major
modifications for nitrogen oxides as precursors to ozone under Sec.
52.21.
(v) Those projects that are major stationary sources or major
modifications for emissions of PM2.5 or its precursors under
Sec. 52.21, and those projects that are major stationary sources under
Sec. 52.21 with the potential to emit PM2.5 or its
precursors at a rate that would meet or exceed the rates specified at
Sec. 52.21(b)(23)(i).
(3) The PSD program for Mendocino County Air Quality Management
District, as incorporated by reference in Sec. 52.220(c)(489) is
approved under Part C, Subpart 1, of the Clean Air Act. However, EPA is
retaining authority to apply Sec. 52.21 in certain cases. The
provisions of Sec. 52.21 except for paragraph (a)(1) are therefore
incorporated and made a part of the State plan for California for the
Mendocino County Air Quality Management District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
[[Page 611]]
(ii) Those projects which are major stationary sources or major
modifications under Sec. 52.21 and which would either have stacks
taller than 65 meters or would use ``dispersion techniques'' as defined
in Sec. 51.1.
(iii) Any sources for which EPA has issued permits under Sec.
52.21, including any permits for which applications are received by July
31, 1985.
(4) The PSD program for Northern Sonoma County Air Pollution Control
District, as incorporated by reference in Sec. 52.220(c)(481) is
approved under Part C, Subpart 1, of the Clean Air Act. The provisions
of Sec. 52.21 except paragraph (a)(1) are therefore incorporated and
made a part of the State plan for California for the Northern Sonoma
County Air Pollution Control District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources or major
modifications under Sec. 52.21 and which would either have stacks
taller than 65 meters or would use ``dispersion techniques'' as defined
in Sec. 51.1.
(iii) Any sources for which EPA has issued permits under Sec.
52.21, including any permits for which applications are received by July
31, 1985.
(5) Rule 2410, ``Prevention of Significant Deterioration,'' adopted
on June 16, 2011, for the San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) is approved under Part C, Subpart 1, of the
Clean Air Act, based, in part, on the clarifications provided in a May
18, 2012 letter from the San Joaquin Valley Unified Air Pollution
Control District described in Sec. 52.220(c)(415). For PSD permits
previously issued by EPA pursuant to Sec. 52.21 to sources located in
the SJVUAPCD, this approval includes the authority for the SJVUAPCD to
conduct general administration of these existing permits, authority to
process and issue any and all subsequent permit actions relating to such
permits, and authority to enforce such permits, except for:
(i) Those specific sources within the SJVUAPCD that have submitted
PSD permit applications to EPA and for which EPA has issued a proposed
PSD permit decision, but for which final agency action and/or the
exhaustion of all administrative and judicial appeals processes
(including any associated remand actions) have not yet been concluded or
completed by November 26, 2012. The SJVUAPCD will assume full
responsibility for the administration and implementation of such PSD
permits immediately upon notification from EPA to the SJVUAPCD that any
and all administrative and judicial appeals processes (and any
associated remand actions) have been completed or concluded for any such
permit decision. Prior to the date of such notification, EPA is
retaining authority to apply Sec. 52.21 for such permit decisions, and
the provisions of Sec. 52.21, except paragraph (a)(1), are therefore
incorporated and made a part of the State plan for California for the
SJVUAPCD for such permit decisions during the identified time period.
(ii) [Reserved]
(6) The PSD program for the Placer County Air Pollution Control
District (PCAPCD), as incorporated by reference in Sec.
52.220(c)(497)(i)(B)(2), is approved under part C, subpart 1, of the
Clean Air Act. For PSD permits previously issued by EPA pursuant to
Sec. 52.21 to sources located in the PCAPCD, this approval includes the
authority for the PCAPCD to conduct general administration of these
existing permits, authority to process and issue any and all subsequent
permit actions relating to such permits, and authority to enforce such
permits.
(7) The PSD program for the Imperial County Air Pollution Control
District, as incorporated by reference in Sec. 52.220(c)(411), is
approved under part C, Subpart 1, of the Clean Air Act.
(8) The PSD program for the Eastern Kern Air Pollution Control
District (EKAPCD), as incorporated by reference in Sec. 52.220(c)(419),
is approved under part C, Subpart 1, of the Clean Air Act. For PSD
permits previously issued by EPA pursuant to Sec. 52.21 to sources
located in the EKAPCD, this approval includes the authority for the
EKAPCD to conduct general administration of these existing permits,
authority to process and issue any and all subsequent permit actions
relating to
[[Page 612]]
such permits, and authority to enforce such permits.
(9) The PSD program for the Yolo-Solano Air Quality Management
District, as incorporated by reference in Sec. 52.220(c)(420), is
approved under part C, Subpart 1, of the Clean Air Act.
(10) The PSD program for greenhouse gases (GHGs) in Rule 1714 for
the South Coast Air Quality Management District (SCAQMD), as
incorporated by reference in Sec. 52.220(c)(421), is approved under
part C, Subpart 1, of the Clean Air Act. This approval is limited to
sources subject to the PSD program for GHGs. The provisions of Sec.
52.21 (except paragraph (a)(1)) continue to apply to the SCAQMD for all
pollutants subject to regulation, as defined in Sec. 52.21, except for
GHGs.
(11) The PSD program for the Great Basin Unified Air Pollution
Control District (GBUAPCD), as incorporated by reference in Sec.
52.220(c)(428), is approved under Part C, Subpart 1, of the Clean Air
Act. For PSD permits previously issued by EPA pursuant to Sec. 52.21 to
sources located in the GBUAPCD, this approval includes the authority for
the GBUAPCD to conduct general administration of these existing permits,
authority to process and issue any and all subsequent permit actions
relating to such permits, and authority to enforce such permits.
(12) The PSD program for the Butte County Air Quality Management
District (BCAQMD), as incorporated by reference in Sec. 52.220(c)(428),
is approved under Part C, Subpart 1, of the Clean Air Act. For PSD
permits previously issued by EPA pursuant to Sec. 52.21 to sources
located in the BCAQMD, this approval includes the authority for the
BCAQMD to conduct general administration of these existing permits,
authority to process and issue any and all subsequent permit actions
relating to such permits, and authority to enforce such permits.
(13) The PSD program for the Feather River Air Quality Management
District (FRAQMD), as incorporated by reference in Sec. 52.220(c)(429),
is approved under Part C, Subpart 1, of the Clean Air Act. For PSD
permits previously issued by EPA pursuant to Sec. 52.21 to sources
located in the FRAQMD, this approval includes the authority for the
FRAQMD to conduct general administration of these existing permits,
authority to process and issue any and all subsequent permit actions
relating to such permits, and authority to enforce such permits.
(14) The PSD program for the San Luis Obispo County Air Pollution
Control District (SLOAPCD), as incorporated by reference in Sec.
52.220(c)(441), is approved under Part C, Subpart 1, of the Clean Air
Act.
(15) The PSD program for the Santa Barbara County Air Pollution
Control District (SBAPCD), as incorporated by reference in Sec.
52.220(c)(442), is approved under Part C, Subpart 1, of the Clean Air
Act. For PSD permits previously issued by EPA pursuant to Sec. 52.21 to
sources located in the SBAPCD, this approval includes the authority for
the SBAPCD to conduct general administration of these existing permits,
authority to process and issue any and all subsequent permit actions
relating to such permits, and authority to enforce such permits.
(16) The PSD program for the Bay Area Air Quality Management
District (BAAQMD), as incorporated by reference in Sec.
52.220(c)(429)(i)(E)(2), is approved under part C, subpart 1, of the
Clean Air Act. For PSD permits previously issued by EPA pursuant to
Sec. 52.21 to sources located in the BAAQMD, this approval includes the
authority for the BAAQMD to conduct general administration of these
existing permits, authority to process and issue any and all subsequent
permit actions relating to such permits, and authority to enforce such
permits.
(17) The PSD program for the Ventura County Air Pollution Control
District (VCAPCD), as incorporated by reference in Sec.
52.220(c)(474)(i)(D)(1), is approved under part C, subpart 1, of the
Clean Air Act. For PSD permits previously issued by EPA pursuant to
Sec. 52.21 to sources located in the VCAPCD, this approval includes the
authority for the VCAPCD to conduct general administration of these
existing permits, authority to process and
[[Page 613]]
issue any and all subsequent permit actions relating to such permits,
and authority to enforce such permits.
[50 FR 25419, June 19, 1985, as amended at 50 FR 30943, July 31, 1985;
68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003; 76 FR 48008,
Aug. 8, 2011; 77 FR 65310, Oct. 26, 2012; 77 FR 73322, Dec. 10, 2012; 77
FR 73320, Dec. 10, 2012; 80 FR 69882, Nov. 12, 2015; 81 FR 50342, Aug.
1, 2016; 81 FR 69392, Oct. 6, 2016; 82 FR 13245, Mar. 10, 2017; 82 FR
14611, Mar. 22, 2017; 82 FR 30773, July 3, 2017; 83 FR 43766, Aug. 28,
2018]
Sec. 52.271 Malfunction, startup, and shutdown regulations.
(a) The following regulations are disapproved because they would
permit the exemption of sources from the applicable emission limitations
and therefore do not satisfy the enforcement imperatives of section 110
of the Clean Air Act.
(1) Amador County APCD.
(i) Rule 404, submitted on April 21, 1976.
(ii) Rule 4f, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(2) Bay Area APCD.
(i) Regulation 2, Section 3212, and Regulation 3, Section 3203,
submitted on April 21, 1976.
(ii) Regulation 2, Section 3212, submitted on February 21, 1972, and
previously approved under 40 CFR 52.223 (37 FR 10842).
(3) Calaveras County APCD.
(i) Rules 110 and 402(f), submitted on July 25, 1973.
(ii) Rule 404, submitted on October 13, 1977.
(4) Colusa County APCD.
(i) Rule 4.4g, submitted on July 25, 1973, and Rule 4.4g, submitted
on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR
19812).
(5) Del Norte County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Rule 45, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(6) Fresno County APCD.
(i) Rule 110, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223.
(ii) Rules 110 and 402(f), submitted on October 23, 1974.
(7) Glenn County APCD.
(i) Rules 95.2 and 95.3, submitted on January 10, 1975.
(8) Great Basin Unified APCD.
(i) Rule 403, submitted on June 6, 1977.
(ii) Rule 617, submitted on November 4, 1977.
(9) Humboldt County APCD.
(i) Rule 540, Submitted on November, 10, 1976.
(ii) Rule 59, Submitted on February 21, 1972 and previously approved
under 40 CFR 52.223 (37 FR 10842).
(10) Kern County APCD.
(i) Rule 111, submitted on July 19, 1974.
(11) Kings County APDC.
(i) Rule 111, submitted on July 25, 1973, and Rule 111, submitted on
July 30, 1972, and previously approved under 40 CFR 52.223.
(ii) Rule 111, submitted on November 4, 1977.
(12) Lake County APCD.
(i) Chapter III, Article I, Section 500, and Article II, Sections
510 and 511, submitted on February 10, 1977.
(ii) Part VI, Sections 1 and 2, submitted on June 30, 1972, and
previously approved under 40 CFR 52.223.
(13) Los Angeles County APCD.
(i) Rule 430, submitted on June 6, 1977.
(14) Madera County APCD.
(i) Rule 402(f), submitted on January 10, 1975, and Rule 110,
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(ii) Rule 110, submitted on January 10, 1975.
(15) Mariposa County APCD.
(i) Rule 203(j), submitted on January 10, 1975, and Rule 4.3(g),
submitted on February 21, 1972, and previously approved under 40 CFR
52.223.
(ii) Rule 404, submitted on June 6, 1977.
(16) Mendocino County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Sections 1 and 2 of Part VI, submitted on February 21, 1972,
and previously approved under 40 CFR 52.223 (37 FR 10842).
(17) Merced County APCD.
(i) Rule 109, submitted on August 2, 1976.
[[Page 614]]
(ii) Rule 109, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(18) Nevada County APCD.
(i) Rule 55(f), submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(19) Northern Sonoma County APCD.
(i) Rule 540, submitted on November 10, 1976.
(20) Placer County APCD.
(i) Rule 55(f), submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(ii) Rule 404, submitted on October 13, 1977.
(21) Plumas County APCD.
(i) Rule 203(j), submitted on January 10, 1975.
(ii) Rule 404, submitted on June 6, 1977.
(22) Riverside County APCD.
(i) Rule 430, submitted on June 6, 1977.
(23) San Bernardino County APCD.
(i) Rule 430, submitted on June 6, 1977.
(ii) Rule 55, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(24) San Joaquin County APCD.
(i) Rule 110, submitted on October 23, 1974, and Rule 110, submitted
on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR
19812).
(25) San Luis Obispo County APCD.
(i) Rule 107, submitted on November 10, 1976.
(ii) Rule 102, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(26) Shasta County APCD.
(i) Rule 3:10, submitted on July 19, 1974.
(ii) Rule 3:10, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(27) Sierra County APCD.
(i) Rule 51, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812), and Rule 203(j), submitted on January
10, 1975, and previously approved under 40 CFR 52.223 (42 FR 23805).
(ii) Rule 404, submitted on June 6, 1977.
(28) Southern California APCD.
(i) Rule 430, submitted on February 10, 1977.
(29) Stanislaus County APCD.
(i) Rule 110, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812), and Rule 110, submitted on July 19,
1974.
(30) Tehama County APCD.
(i) Rule 417, submitted on July 19, 1974.
(ii) Rule 4:1g, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(31) Trinity County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Rule 44, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(32) Tulare County APCD.
(i) Rules 111 and 402(f), submitted on November 10, 1976.
(33) Tuolumne County APCD.
(i) Rule 404, submitted on February 10, 1977, and Rule 402(f),
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(34) Ventura County APCD.
(i) Rule 32, submitted on July 19, 1974.
(ii) Rule 32, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(35) Yuba County APCD.
(i) Rule 4.5, submitted on July 25, 1973.
(b) The following regulations are disapproved since they lack
explicit provisions to assure that that NAAQS will not be exceeded while
equipment breakdown periods are in effect.
(1) Fresno County APCD.
(i) Rules 110(B), Variance Required, and 519, Emergency Variance,
submitted on January 2, 1979.
(2) Kern County APCD.
(i) Rules 111 (b), Equipment Breakdown, and 519, Emergency Variance,
submitted on January 2, 1979.
(3) Modoc County APCD.
(i) Rule 2:15, Breakdown Conditions; Emergency Variances, submitted
on May 7, 1979.
(4) Imperial County APCD.
(i) Rule 111 (B), Equipment Breakdown, submitted on December 24,
1979.
(ii) Rule 517, Emergency Variance, submitted on December 24, 1979.
(5) Butte County AQMD.
(i) Rule 275, Reporting Procedures for Excess Emissions, submitted
on May 10, 1996.
[[Page 615]]
(6) Shasta County AQMD.
(i) Rule 3:10, Excess Emissions, submitted on May 10, 1996.
(7) Monterey Bay Unified Air Pollution Control District.
(i) Rule 214, Breakdown Condition, submitted on October 30, 2001.
(c) The following regulations are disapproved because they exempt
sources from applicable emissions limitations during malfunctions and/or
fail to sufficiently limit startup and shutdown exemptions to those
periods where it is technically infeasible to meet emissions
limitations.
(1) South Coast Air Quality Management District.
(i) Rule 429, submitted on January 28, 1992.
(d) The following regulations are disapproved because they merely
describe how state agencies intend to apply their enforcement discretion
and thus, if approved, the regulations would have no effect on the State
Implementation Plan.
(1) Antelope Valley AQMD.
(i) Rule 430, Breakdown Provisions, submitted on February 16, 1999.
(2) Kern County APCD.
(i) Rule 111, Equipment Breakdown, submitted on July 23, 1996.
(3) Mojave Desert AQMD.
(i) Rule 430, Breakdown Provisions, submitted on January 24, 1995.
[43 FR 3277, Jan. 24, 1978]
Editorial Note: For Federal Register citations affecting Sec.
52.271, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.272 Research operations exemptions.
(a) The requirements of Sec. 51.281 of this chapter are not met
because the following regulations allow exemptions to be granted from
the applicable emission limitations, thereby potentially rendering the
applicable limitations unenforceable. Furthermore, the regulations are
inconsistent with the Clean Air Act, because the regulations could
permit violations of the National Ambient Air Quality Standards under
some circumstances. Therefore, the following regulations are
disapproved:
(1) Bay Area APCD.
(i) Regulation 2, Division 1, sections 1214 to 1214.3, submitted on
July 25, 1973.
(ii) Regulation 3, Division 1, sections 1205 to 1205.3, submitted on
July 25, 1973.
(2) El Dorado County APCD.
(i) Rule 203(D), submitted on November 4, 1977.
(3) Great Basin Unified APCD.
(i) Rule 423, submitted on November 4, 1977.
(4) Los Angeles County APCD.
(i) Rule 441, submitted on June 6, 1977.
(5) Placer County APCD.
(i) Rule 203(D), submitted on October 13, 1977.
(6) Riverside County APCD.
(i) Rule 441, submitted on June 6, 1977.
(7) Sacramento County APCD.
(i) Rule 30, submitted on January 22, 1974.
(8) San Bernardino County APCD.
(i) Rule 441, submitted on June 6, 1977.
(9) Southern California APCD.
(i) Rule 441, submitted on August 2, 1976.
[42 FR 42226, Aug. 22, 1977]
Editorial Note: For Federal Register citations affecting Sec.
52.272, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.273 Open burning.
(a) The following rules or portions of rules are disapproved because
they contain exemptions to open burning (including open agricultural
burning) prohibitions, that do not satisfy the requirements of section
110 of the Clean Air Act:
(1) Amador County APCD.
(i) Rules 308 and 312, submitted on April 21, 1976.
(ii) Rule 304, submitted on October 13, 1977.
(iii) Rules 302(G) and 322, submitted on October 15, 1979.
(2) Calaveras County APCD.
(i) Rules 304 and 322, submitted on October 13, 1977.
(3) Del Norte County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f)
[[Page 616]]
of Article I, paragraphs (f) and (g) of Article V, and paragraph (f) of
Article VI, submitted on November 10, 1976.
(4) El Dorado County APCD.
(i) Rules 302(C), 304, 307, 319, and 322, submitted on November 4,
1977.
(ii) Rules 302 (C), 318, and 321, submitted on May 23, 1979.
(5) Fresno County APCD.
(i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on October 23,
1974.
(ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(6) Humboldt County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(ii) (A)-(C) [Reserved]
(D) Rules 312 (B) and (C), and 401 (D.1) and (D.2).
(7) Kern County APCD.
(i) Rule 417(I)(A), submitted on November 10, 1976.
(8) Madera County APCD.
(i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on January 10,
1975.
(ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(9) Mariposa County APCD.
(i) Rules 302(C), 304, 319, and 322, submitted on June 6, 1977.
(10) Mendocino County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(11) Merced County APCD.
(i) Rule 416(h), submitted on August 2, 1976.
(ii) Rules 416.1(III)(A), (V)(A), (V)(B), (V)(C), and (V)(D),
submitted on August 2, 1976. (Rule 416.1(c)(2), submitted on June 30,
1972, and previously approved, is retained. Rule 416.1(a)(1), submitted
on June 30, 1972, and previously approved, is retained for the purpose
of enforcing Rule 416.1(c)(2).)
(12) Monterey Bay Unified APCD.
(i) Rules 409(a), 409(a)(5), and 410(b)(1), submitted on January 10,
1975.
(13) Nevada County APCD.
(i) Rules 302(C), 307, 314, and 322, submitted on April 10, 1975.
(ii) Rules 304 and 319, submitted on June 6, 1977.
(iii) Rule 307, submitted on October 15, 1979.
(14) Northern Sonoma County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(15) Placer County APCD.
(i) Rules 302(C), 302(G), 304, 307, 314, 319, and 322, submitted on
October 13, 1977.
(ii) Rules 303, 306, and 322, submitted on October 15, 1979.
(16) Plumas County APCD.
(i) Rule 314, submitted on January 10, 1975.
(ii) Rules 302(C), 304, 307, 319, and 322, submitted on June 6,
1977.
(17) Sacramento County APCD.
(i) Rule 96(a), submitted on November 10, 1976.
(ii) Rule 96(a), submitted on November 4, 1977.
(18) San Joaquin County APCD.
(i) Rule 402(e), submitted on November 10, 1976.
(ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(iii) Rules 416.1(D)(1) and (D)(2), submitted on October 23, 1974.
(19) Santa Barbara County APCD.
(i) Rules 40(4)(a) and 40(4)(1), submitted on July 25, 1973. (The
analogous Rules 40(4)(a) and 40(4)(g), previously approved in the
February 21, 1972 submittal, are retained.) Rule 40(4)(c), submitted on
July 25, 1973, is also disapproved.
(ii) Rule 22, submitted on January 22, 1974. (The analogous Rule 22,
previously approved in the February 21, 1972 submittal, is retained.)
Rules 24.1 and 24.2, submitted on January 22, 1974, are also
disapproved.
(20) Shasta County APCD.
(i) Rule 2:6, sections (1)(b)(iii) (a, b, and d), (1)(c)(viii),
2(c), 3(f), 4(e), 5(c), and 5(d). (Previously approved Rule 2:6,
sections (2)(c), (3)(f), and (4)(e), submitted on July 19, 1974, are
retained.)
(21) Sierra County APCD.
[[Page 617]]
(i) Rules 302(C), 319, and 322, submitted on June 6, 1977.
(22) Trinity County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(23) Tulare County APCD.
(i) Rule 402(e), submitted on November 10, 1976.
(ii) Section 417(III)(A), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(iii) Section 417.1(e)(1), (e)(3), and (e)(4), submitted on January
10, 1975.
(24) Tuolumne County APCD.
(i) Rule 322, submitted on February 10, 1977.
(25) Yolo-Solano APCD.
(i) Rules 2.8(c) (4) and (5), 6.3, and 6.5(a), submitted on July 25,
1973.
(ii) Rules 6.1(a), (e)(6), and (g), submitted on January 10, 1975.
(Rules 4.1 (a) and (g), submitted on February 21, 1972, and previously
approved under 40 CFR 52.223, are retained.)
(b) The following rules or portions of rules are disapproved because
they relax the control on open burning (including agricultural burning)
without accompanying analyses demonstrating that these relaxations will
not interfere with the attainment and maintenance of the National
Ambient Air Quality Standards:
(1) Del Norte County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(2) Fresno County APCD.
(i) Rule 416.1(c)(1), submitted on October 23, 1974.
(ii) Rule 416.1(g), submitted on November 4, 1977.
(3) Humboldt County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(4) Imperial County APCD.
(i) Rule 422, submitted on November 4, 1977. (The requirements of
Rule 115, submitted on February 21, 1972, and previously approved under
40 CFR 52.223, are retained as applicable to the burning of wood waste.)
(ii) Regulation VII (Rules 701 to 706), submitted on November 4,
1977. (Regulation VII (Rules 200 to 206), submitted on July 25, 1973 and
previously approved under 40 CFR 52.223, is retained.)
(5) Kings County APCD.
(i) Rules 416.1 and 417.1, submitted on November 4, 1977.
(6) Lake County APCD.
(i) Sections 435, 436, 1003, and 1200(A), submitted on February 10,
1977.
(ii) Section 435, submitted on January 2, 1979.
(7) Los Angeles County APCD.
(i) Rule 444, submitted on June 6, 1977. (Rules 57.1, 57.2, 57.3,
and 57.4, submitted on June 30, 1972, and previously approved under 40
CFR 52.223, are retained.)
(8) Madera County APCD.
(i) Rule 416.1(c)(1), submitted on January 10, 1975.
(9) Mendocino County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(10) Merced County APCD.
(i) Rule 416.1(I)(A)(2), submitted on August 2, 1976.
(11) Northern Sonoma County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(12) San Bernardino County Desert APCD.
(i) Rule 444 and the definition of ``Agricultural Burning'' in Rule
102, submitted on November 4, 1977. (Rule 57, submitted on February 21,
1972, and previously approved under 40 CFR 52.223, is retained.)
(13) San Diego County APCD.
(i) Rules 102(e) and 103(g), submitted on October 13, 1977.
(14) San Luis Obispo County APCD.
(i) Rule 501(B), submitted on November 10, 1976, and Rule 501(A)(7),
submitted on November 4, 1977. (Previously approved Rule 115(2),
submitted on February 21, 1972, is retained.)
(15) Santa Barbara County APCD.
(i) Rules 2(b), 40(3), and 40(4)(e), submitted on July 25, 1973.
(Analogous Rules 2(b), 40(3), and 40(4)(c), submitted on February 21,
1972, and previously approved, are retained.)
[[Page 618]]
(16) Shasta County APCD.
(i) Rule 2:8, submitted on October 13, 1977. (Rule 2:8, submitted on
July 19, 1974, and July 22, 1975, and previously approved, is retained.)
(17) Siskiyou County APCD.
(i) Rule 4.3(2), submitted on January 2, 1979.
(18) Trinity County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(19) Placer County APCD.
(i) Rule 316, submitted on August 21, 1979.
(ii) Rules 318 and 323, submitted on October 15, 1979.
[42 FR 41122, Aug. 15, 1977]
Editorial Note: For Federal Register citations affecting Sec.
52.273, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.274 California air pollution emergency plan.
(a) Since the California Air Pollution Emergency Plan does not
provide complete, implementable provisions for taking emission control
actions necessary to prevent ambient pollutant concentrations from
reaching significant harm levels, the requirements of subpart H of this
chapter for Priority I and II areas are not met, except in the following
areas:
(1) South Coast Air Quality Management District (SCAQMD).
(2) Sacramento County Air Pollution Control District.
(3) Monterey Bay Unified APCD (MBUAPCD).
(4) Santa Barbara Air Quality Management Area portion of the Santa
Barbara County Air Pollution Control District.
(5) Bay Area Air Quality Management District.
(6) Ventura County Air Pollution Control District.
(7) San Diego County APCD.
(8) Los Angeles County Air Pollution Control District.
(9) Riverside County Air Pollution Control District.
(10) San Bernardino County Desert Air Pollution Control District.
(11) Imperial County Air Pollution Control District.
(12) Fresno County Air Pollution Control District.
(13) Kern County Air Pollution Control District.
(b) The requirements of subpart H of this chapter are met in the
SCAQMD with the following exceptions: SCAQMD Regulation VII has no
schedule to assure that the emission control actions are fully
implementable; does not provide specific emission control actions for
interdistrict coordination; has no provisions for nitrogen dioxide,
particulate matter, and sulfur dioxide and particulate matter combined
episodes; has no criteria or provisions to protect the eight-hour
averaged carbon monoxide significant harm level; and has no provisions
for implementation of abatement plans for stage 2 or 3 carbon monoxide
or oxidant episodes that are attained without being predicted.
(c) Regulation for prevention of air pollution emergency episodes--
plan scheduling, interdistrict coordination, episode criteria, and
declaration.
(1) The requirements of this paragraph are applicable in the SCAQMD.
(2) The owner or operator of any governmental, industrial, business,
or commercial activity listed in Rules 708.1 and 708.3 of Regulation VII
of the SCAQMD, as revised on May 6, 1977, shall submit a Stationary
Source Curtailment Plan and/or Traffic Abatement Plan to the
Administrator within sixty days after the effective date of this
paragraph.
(3) The plans submitted pursuant to the requirements of this
paragraph, shall be reviewed by the Administrator for approval or
disapproval according to the following schedule:
(i) For sources with emissions of hydrocarbons (HC) or nitrogen
oxides (NOX) greater than or equal to 454 metric tons (500
tons) per year, or for establishments employing 400 or more employees
per shift, within 45 days after receipt.
(ii) For sources with emissions of HC or NOX greater than
or equal to 91 metric tons (100 tons) per year and less than 454 metric
tons (500 tons) per year, or for establishments employing more than 200
and less than 400 employees per shift, within 90 days after receipt.
[[Page 619]]
(iii) For sources or establishments other than those addressed in
paragraphs (c)(3) (i) through (ii) of this section, within 180 days
after receipt.
(4) The owner or operator of an industrial, business, governmental
or commercial establishment required to submit a plan by this paragraph
shall be notified by the Administrator within thirty days after the plan
has been evaluated if the plan is disapproved. Any plan disapproved by
the Administrator shall be modified to overcome the disapproval and
resubmitted to the Administrator within 30 days of the receipt of the
notice of disapproval.
(5) In the event specific sources or source areas within the SCAQMD
are determined to significantly contribute to a declared air pollution
episode in a nearby Air Pollution Control District, emission control
actions specified in Regulation VII of the SCAQMD, as revised on May 6,
1977, for that declared episode stage shall be taken in the SCAQMD to
abate that episode.
(6) For the purposes of this paragraph, the following episode
criteria shall apply to carbon monoxide concentrations averaged over
eight hours:
(i) For stage 1, 15 parts per million.
(ii) For stage 2, 30 parts per million.
(iii) For stage 3, 40 parts per million.
(7) The provisions of SCAQMD Regulation VII, as revised on May 6,
1977, relating to carbon monoxide episodes averaged over 12 hours shall
apply to carbon monoxide episodes averaged over 8 hours except that the
Administrator shall provide for declaration, notification, source
inspections, and termination of the episodes.
(8) Whenever the Administrator has determined that the stage 2 or 3
episode level for oxidant or carbon monoxide as specified in Rule 703 of
Regulation VII of the SCAQMD, as amended May 6, 1977, is being attained
or has been attained, and is predicted to remain at such level for 12 or
more hours, or increase, or in the case of oxidant to reoccur within the
next 24 hours, unless control actions are taken, the existence of the
appropriate episode level and the location of the source-receptor areas
shall be declared, and the actions specified in Rules 710(b)(1),
710(b)(2), 711(b)(1), or 711(b)(2) shall be taken by the Administrator.
(d) Regulation for prevention of air pollution emergency episodes--
nitrogen dioxide, particulate matter, and sulfur dioxide and particulate
matter combined.
(1) The requirements of this paragraph are applicable in the SCAQMD.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Ppm'' means parts per million by volume.
(ii) ``COH'' means coefficient of haze.
(iii) ``Ugm\3\'' means micrograms per cubic meter.
(iv) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(v) ``Major National Holiday'' means a holiday such as Christmas,
New Year's Day, or Independence Day.
(vi) ``Source/Receptor Areas'' are defined for each episode
occurrence based on air monitoring, geographical, and meteorological
factors: Source area is that area in which contaminants are discharged
and a receptor area is that area in which the contaminants accumulate
and are measured.
(vii) ``Air Contaminants'' means nitrogen dioxide, particulate
matter, and/or sulfur dioxide and particulate matter combined.
(3) For the purposes of this regulation, the following episode
criteria shall apply:
----------------------------------------------------------------------------------------------------------------
Averaging
Contaminants time Stage 1 Stage 2 Stage 3
(hours)
----------------------------------------------------------------------------------------------------------------
Nitrogen dioxide.................. 1 0.6 ppm............. 1.2 ppm............. 1.6 ppm.
24 0.15 ppm............ 0.3 ppm............. 0.4 ppm.
Particulate matter................ 24 3.0 COH............. 5.0 COH............. 7.0 COH.
24 375 ugm-3........... 625 ugm-3........... 875 ugm-3.
Sulfur dioxide and particulate 24 0.2\1\.............. 0.8\1\.............. 1.2\1\.
matter combined.
24 65,000\2\........... 261,000\2\.......... 393,000\2\.
----------------------------------------------------------------------------------------------------------------
\1\ Product of sulfur dioxide (ppm) and particulate matter (COH).
\2\ Product of sulfur dioxide (ugm-3 ) and particulate matter (ugm-3 ).
[[Page 620]]
(4) Whenever the Administrator has determined that any episode level
specified in paragraph (d)(3) of this section is being attained or has
been attained, and is predicted to remain at such level for 12 or more
hours, or increase, unless control actions are taken, the existence of
the appropriate episode level and the location of the source-receptor
areas shall be declared.
(5) Whenever the available scientific and meteorological data
indicate that any episode level declared by paragraph (d)(4) of this
section is no longer occurring and is not predicted to immediately
increase again to episode levels, such episode shall be declared
terminated.
(6) The following shall be notified by the Administrator whenever an
episode is predicted, attained or terminated: (i) Public officials; (ii)
persons operating any facility or activity named in paragraph (d)(8) of
this section; (iii) public health, safety, and emergency agencies; (iv)
news media.
(7) Upon request of the Administrator, persons operating any
facility or activity named in paragraph (d)(8) of this section shall
install, properly maintain, and operate radio-receiving equipment with
decoding device capable of receiving broadcasts of the declaration and
termination of episodes required under this paragraph and instructions
as to the actions to be taken.
(8) Stationary source curtailment plans and traffic abatement plans
shall be prepared by industrial, business, commercial, and governmental
establishments as follows:
(i) The owner or operator of any industrial, business, commercial,
or governmental activity listed below shall submit to the Administrator
plans to curtail operations causing stationary source air contaminants
in such activity:
(A) Petroleum refinery emitting 23 metric tons (25 tons) or more per
year of air contaminants.
(B) Metal-melting plant requiring molten metal temperatures in
excess of 540 [deg]C (1,000 [deg]F) or metal-refining plant or metal-
smelting plant, in which a total of 1,135 kilograms (2,500 pounds) or
more of metal are in a molten state at any one time or are poured in any
1 hour.
(C) Fossil fuel-fired electric generating facility having a total
rated capacity of 50 megawatts or more.
(D) Any facility or plant emitting 91 metric tons (100 tons) or more
per year of air contaminants.
(ii) The plans required by paragraph (d)(8)(i) of this section shall
include the following:
(A) A list of equipment which emits nitrogen oxides, particulate
matter, and/or sulfur dioxide, including the SCAQMD permit number, the
daily amount of air contaminants emitted, and a statement of the minimum
time and recommended time to implement the abatement actions for each
episode stage for the equipment listed and the percent reduction in
emissions at each episode stage.
(B) The total number of employees at the facility during each shift
on a normal weekday and on a major national holiday.
(C) The normal amount of electricity used on a normal weekday and on
a major national holiday.
(D) The actions to inform employees of the procedures to be taken in
the event of an episode declaration.
(E) The name and telephone numbers of the facility's episode action
coordinator and alternate, who are responsible for implementation of the
plan.
(F) For stage 1 episodes:
(1) The measures to voluntarily curtail equipment emitting air
contaminants.
(2) The measures to curtail or postpone electrically intensive
industrial operations, where feasible.
(3) The measures for electric utilities to import power from outside
the basin to the extent feasible.
(G) For stage 2 episodes:
(1) The measures to curtail as much as possible, without upsetting
production, equipment operations which emit air contaminants.
(2) The measures to postpone operations which can be postponed until
after the episode.
(3) For fossil fuel-fired combustion sources, including electric
utilities, with a heat input greater than 50 million BTU per hour:
(i) The measures to burn natural gas.
[[Page 621]]
(ii) To the extent that natural gas is not available, the measures
to burn fuel oil with a sulfur content of not more than 0.25 percent by
weight or the measures to reduce air contaminant emissions to equivalent
discharge. Any combustion source may be exempt from the provisions of
this paragraph upon demonstration that fuel oil with the specified
sulfur content is not available.
(4) For electric utilities the measures, in addition to those in
paragraph (d)(8)(ii)(F)(3) of this section, to:
(i) Shift oil burning power generation to non-source areas to the
maximum extent consistent with the public health, safety, and welfare.
(ii) Shift oil burning power generation to combined cycle gas
turbine generating equipment burning fuel oil containing less than 0.15
percent sulfur to the maximum extent consistent with the public health,
safety, and welfare.
(5) For refineries and chemical plants the measures to be taken to
reduce air contaminant emissions by 20 percent without jeopardizing the
public health or safety, without causing an increase in the emissions of
other air contaminants, withoutdamaging the equipment or without
reducing production by more than 20 percent.
(6) The measures in paragraph (d)(8)(ii)(F) of this section.
(H) For stage 3 nitrogen dioxide episodes:
(1) The measures for petroleum refineries to reduce emissions of
nitrogen dioxide by 33 percent, without damaging the equipment or
increasing the emissions of other air contaminants.
(2) The measures in paragraph (d)(8)(ii)(G) of this section.
(3) A list of equipment and the permit numbers of such equipment not
operated on a major national holiday.
(4) A statement as to whether or not the facility operates on a
major national holiday.
(I) For stage 3 particulate matter episodes:
(1) The measures for petroleum refineries to reduce emissions of
particulate matter by 33 percent, without damaging the equipment or
increasing the emissions of other air contaminants.
(2) The measures described in paragraph (d)(8)(ii)(G) of this
section.
(3) The measures for any facility or plant, except electrical
generating facilities and petroleum refineries, normally emitting 91
metric tons (100 tons) or more per year of particulate matter to
eliminate such emissions by starting no new batches, by ceasing feed of
new materials, and by phasing down as rapidly as possible without damage
to the equipment.
(4) The measures for metal melting, refining, or smelting plants to
eliminate emissions of particulate matter by starting no new batches, by
ceasing feed of new materials, and by phasing down as rapidly as
possible without damage to the equipmen
(J) For stage 3 sulfur dioxide and particulate matter combined
episodes:
(1) The measures described in paragraphs (d)(8)(ii) (G) and (I) of
this section.
(2) The measures for petroleum refineries to reduce emissions of
sulfur dioxide by 33 percent, without damaging the equipment or
increasing the emissions of other air contaminants.
(3) The measures for any facility or plant, except electrical
generating facilities and petroleum refineries, normally emitting 91
metric tons (100 tons) or more per year of sulfur dioxide to eliminate
such emissions by starting no new batches, by ceasing feed of new
materials, and by phasing down as rapidly as possible without damage to
the equipment.
(K) An estimate of the resultant reduction in air contaminant
emissions.
(iii) The owner or operator of any industrial, business, commercial,
or governmental activity listed below shall submit to the Administrator
plans to curtail or cease operations causing air contaminants from
vehicle use:
(A) Operators of 50 or more fleet vehicles.
(B) Industrial, business, commercial, or governmental establishments
employing more than 100 persons per shift at one business address.
(iv) The plans required by paragraph (d)(8)(iii) of this paragraph
shall include the following:
(A) The total number of employees at the facility during each shift
on a normal weekday and on a major national holiday.
[[Page 622]]
(B) The number of motor vehicles and vehicle miles traveled for
motor vehicles operated:
(1) By the company on company business on a normal weekday and on a
major national holiday.
(2) By employees commuting from home to the place of business on a
normal weekday and on a major national holiday.
(C) The number of parking spaces used on a normal weekday and on a
major national holiday.
(D) The minimum number of motor vehicles to be operated that are
necessary to protect public health or safety.
(E) The actions to inform employees of the procedures to be taken in
the event of an episode declaration.
(F) The name and telephone numbers of the facility's episode action
coordinator and alternate, who are responsible for implementation of the
plan.
(G) For stage 1 episodes, the methods by which employers will
encourage the utilization of car pools or otherwise reduce employee
motor vehicle travel.
(H) For stage 2 and 3 episodes, the measures within the reasonable
control of the employer to reduce the number of vehicle miles driven by
employees in commuting to and from work.
(I) An estimate of the reduction in vehicle miles traveled as a
result of the measures in this paragraph.
(v) Each owner or operator required to submit a plan by this
paragraph shall submit to the Administrator such plan within 60 days of
the effective date of this paragraph.
(vi) The plans submitted in accordance with the provisions of this
paragraph shall be approved or disapproved by the Administrator
according to the following schedule:
(A) For sources with emissions of air contaminants greater than or
equal to 454 metric tons (500 tons) per year, or for establishments
employing 400 or more employees per shift, within 45 days after receipt.
(B) For sources with emissions of air contaminants greater than or
equal to 91 metric tons (100 tons) per year and less than 454 metric
tons (500 tons) per year, or for establishments employing more than 200
and less than 400 employees per shift, within 90 days after receipt.
(C) For sources with emissions of air contaminants less than 91
metric tons (100 tons) per year, or for establishments employing 100 to
200 employees per shift, within 180 days after receipt.
(vii) The owner or operator required to submit a plan by this
paragraph shall be notified by the Administrator within 30 days after
the plan has been evaluated if the plan is disapproved. Any plan
disapproved by the Administrator shall be modified to
(viii) A copy of the plan approved in accordance with the provisions
of this paragraph shall be on file and readily available on the premises
to any person authorized to enforce the provisions of this section.
(9) The following actions shall be taken in the source and receptor
areas upon declaration of a stage 1 episode:
(i) The notifications required by paragraph (d)(6) of this section.
(ii) The Administrator shall advise the public that those
individuals with special health problems should follow the precautions
recommended by their physicians and health officials.
(iii) The Administrator shall advise school officials to cancel,
postpone, or reschedule programs which require outdoor physical
activity.
(iv) The Administrator shall request the public to stop all
unnecessary driving.
(v) The Administrator shall request the public to operate all
privately owned vehicles on a pool basis.
(vi) Persons operating any facility or activity named in paragraph
(d)(8) of this section shall implement the appropriate plans specified
in paragraph (8) for the declared stage 1 episode and air
contaminant(s).
(10) The following actions shall be taken in the source and receptor
areas upon declaration of a stage 2 episode:
(i) The actions described in paragraphs (d)(9) (i) through (v) of
this section.
(ii) The Administrator shall request suspension of programs that
involve physical exertion by participants using public parks or public
recreational facilities located in receptor areas.
[[Page 623]]
(iii) The burning of combustible refuse shall be postponed until the
episode has been terminated.
(iv) The Administrator shall request the public to reduce the use of
electricity by 10 percent.
(v) Persons operating any facility or activity named in paragraph
(d)(8) of this section shall implement the appropriate plans specified
in paragraph (d)(8) of this section for the declared stage 2 episode and
air contaminant(s).
(11) The following actions shall be taken in the source and receptor
areas upon declaration of a stage 3 episode:
(i) The actions described in paragraphs (d)(10) (i) through (iii) of
this section.
(ii) The Administrator shall request the public to reduce the use of
electricity by 40 percent.
(iii) Persons operating any facility or activity named in paragraph
(d)(8) of this section shall implement the appropriate plans specified
in paragraph (d)(8) of this section for the declared stage 3 episode and
air contaminant(s).
(iv) For nitrogen dioxide, the general public, schools, industrial,
business, commercial, and governmental activities throughout the
District shall operate as though the day were a major national holiday.
(v) For particulate matter and/or sulfur dioxide and particulate
matter combined, the Administrator shall request the public to reduce as
much as possible activities causing dust emissions including
agricultural operations, off-road vehicle use, anddriving on unpaved
roads. Construction and demolition operation shall be postponed until
the episode has been terminated.
(12) In the event specific sources or source areas within the SCAQMD
are determined to significantly contribute to a declared air pollution
episode in a nearby Air Pollution Control District, emission control
actions specified in this paragraph for that declared episode stage
shall be taken in the SCAQMD to abate that episode.
(13) A source inspection plan shall be implemented by the
Administrator upon the declaration of any episode stage.
(14) The Administrator shall provide for daily acquisition of
forecasts of atmospheric stagnation conditions during any episode stage
and updating of such forecasts at least every 12 hours.
(15) Any source that violates any requirement of this section shall
be subject to enforcement action under section 113 of the Act.
(16) All submittals or notifications required to be submitted to the
Administrator by this section shall be sent to:
Environmental Protection Agency, Air and Hazardous Materials Division
(A-4), Attn: Air Programs Branch, 215 Fremont Street, San
Francisco, Calif. 94105.
(e) The requirements of subpart H of this chapter are met in the
Sacramento County Air Pollution Control District with the following
exceptions: There are no episode criteria levels, declaration
procedures, notification procedures, source inspections, emission
control actions or episode termination procedures for carbon monoxide
episodes based on 4- and 8-hour averaging times; communication
procedures for transmitting status reports and orders as to emission
control actions to be taken during an episode stage are not provided
for; there are no provisions for the inspection of those sources covered
under Rule 122; there is no time schedule for the Air Pollution Control
Officer to initiate the call for the submittal of individual abatement
plans; the requirements for the content of the abatement plans are not
sufficiently specific to ensure that adequate plans are submitted; no
provisions exist for the daily acquisition of atmospheric stagnation
conditions; a Priority II particulate matter episode contingency plan is
not provided for in the regulation.
(f) Regulation for prevention of air pollution emergency episodes--
4- and 8-hour carbon monoxide criteria levels, public announcement,
source inspections, preplanned abatement strategies, acquisition of
atmospheric stagnation forecasts.
(1) The requirements of this paragraph are applicable in the
Sacramento County Air Pollution Control District.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
[[Page 624]]
(ii) ``ppm'' means parts per million by volume.
(iii) ``ug/m\3\'' means micrograms per cubic meter.
(3) For the purposes of this paragraph, the following episode
criteria shall apply:
------------------------------------------------------------------------
Averaging
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Carbon monoxide...................... 4 \1\ 25 \1\ 45 \1\ 60
8 \1\ 15 \1\ 30 \1\ 40
------------------------------------------------------------------------
\1\ Parts per million by volume.
(4) The provisions of the Sacramento County Air Pollution Control
District's Regulation IX, as submitted on November 4, 1977, relating to
carbon monoxide episodes averaged over 1 hour shall apply to carbon
monoxide episodes averaged over 4 and 8 hours except that the
Administrator shall insure that declaration, notification, source
inspections, and termination of such episodes will occur.
(5) Stationary source curtailment plans shall be prepared by
business, commercial, industrial, and governmental establishments as
follows:
(i) The owner or operator of any business, commercial, industrial,
or governmental facility or activity listed below shall submit to the
Administrator plans to curtail or cease operations causing stationary
source air contaminants in such activity:
(A) Stationary sources which can be expected to emit 100 tons or
more per year of hydrocarbons or carbon monoxide.
(ii) The plans required by paragraph (f)(5)(i)(A) of this section
shall include the following information:
(A) The information requested by Regulation IX, Rule 125, section d,
as submitted to the EPA on November 4, 1977.
(B) The total number of employees at the facility during each shift
on a normal weekday.
(C) The amount of energy (gas, fuel oil, and electricity) used on a
normal weekday.
(D) For first-stage episodes, the measures to voluntarily curtail
equipment emitting air pollutants.
(E) For second-stage episodes:
(1) The measures to curtail, as much as possible, equipment
operations that emit air pollutants specific to the type of episode and,
in the case of oxidant episodes, the equipment operations that emit
hydrocarbons.
(2) The measures to postpone operations which can be postponed until
after the episode.
(F) For third-stage episodes:
(1) A list of equipment, with permit numbers if applicable, which
can be shut down without jeopardizing the public health or safety, and
an estimate of the resultant reductions in air contaminant emissions.
(2) A list of all equipment, with permit numbers if applicable,
which must be operated to protect the public health or safety, and an
estimate of the air contaminant emissions from such equipment.
(iii) Copies of the stationary source curtailment plans approved in
accordance with the provisions of this paragraph shall be on file and
readily available on the premises to any person authorized to enforce
the provisions of this paragraph.
(6) The owner or operator of any governmental, business, commercial,
or industrial activity or facility listed in paragraph (f)(5) of this
section shall submit a stationary source curtailment plan to the
Administrator within 60 days after promulgation of final rulemaking.
(7) The plans submitted pursuant to the requirements of this
paragraph shall be reviewed by the Administrator for approval or
disapproval according to the following schedule:
(i) For sources with emissions of hydrocarbons and carbon monoxide
greater than or equal to 454 metric tons (500 tons) per year, within 45
days after receipt.
(ii) For sources with emissions of hydrocarbons and carbon monoxide
greater than or equal to 91 metric tons (100 tons) per year and less
than 454 metric tons (500 tons) per year, within 90 days after receipt.
(iii) For sources with emissions of hydrocarbons and carbon monoxide
less than 91 metric tons (100 tons) per year, within 180 days after
receipt.
(8) The owner or operator of any industrial, business, governmental,
or commercial establishment required to submit a plan by this paragraph
shall
[[Page 625]]
be notified by the Administrator within 30 days after the plan has been
evaluated. Any plan disapproved by the Administrator shall be modified
to overcome the disapproval and resubmitted to the Administrator within
30 days of receipt of the notice of disapproval.
(9) A source inspection plan shall be implemented by the
Administrator upon the declaration of any episode stage, and the
following facilities shall be inspected to ensure compliance:
(i) Those sources covered under Rule 122, as submitted to the EPA on
November 4, 1977, as appropriate.
(10) The Administrator shall insure that forecasts of atmospheric
stagnation conditions during any episode stage and updating of such
forecasts are acquired.
(11) Any source that violates any requirement of this regulation
shall be subject to enforcement action under section 113 of the Clean
Air Act.
(12) All submittals or notifications required to be submitted to the
Administrator by this regulation shall be sent to: Regional
Administrator, Attn: Air and Hazardous Materials Division, Air Technical
Branch, Technical Analysis Section (A-4-3) Environmental Protection
Agency, 215 Fremont Street, San Francisco, CA 94105.
(g) Regulation for the prevention of air pollution emergency
episodes--Priority II particulate matter emergency episode contingency
plan.
(1) The requirements of this paragraph are applicable in the
Sacramento County Air Pollution Control District.
(2) For the purposes of this paragraph the following episode
criteria shall apply:
------------------------------------------------------------------------
Averaging
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Particulate matter................... 24 \1\ \1\ \1\
375 625 875
------------------------------------------------------------------------
\1\ Micrograms per cubic meter.
(3) Whenever it is determined that any episode level specified in
paragraph (g)(2) of this section is predicted to be attained, is being
attained, or has been attained and is expected to remain at such levels
for 12 or more hours, the appropriate episode level shall be declared.
(4) Whenever the available scientific and meteorological data
indicate that any episode level specified in paragraph (g)(2) of this
section is no longer being attained and is not predicted to increase
again to episode levels, such episode shall be declared terminated.
(5) The following shall be notified whenever an episode is
predicted, attained, or terminated:
(i) Public officials.
(ii) Public health, safety, and emergency agencies.
(iii) News media.
(h) The requirements of Subpart H of this chapter are met in the
MBUAPCD which the following exceptions: There is no time schedule to
assure that stationary source and traffic curtailment plans are
submitted and reviewed in a timely manner; curtailment plans are not
sufficiently specific; there are no provisions for the acquisition of
forecasts of atmospheric stagnation conditions; and adequate mandatory
emission control actions are not specified for Third-Stage oxidant
episodes.
(i) Regulation for prevention of oxidant air pollution emergency
episodes within the MBUAPCD.
(1) The requirements of this paragraph are applicable in the
MBUAPCD.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``Major national holiday'' means a holiday such as Christmas,
New Year's Day or Independence Day.
(iii) ``Regulation VII'' in this paragraph means Regulation VII,
``Emergencies'', of the MBUAPCD, adopted May 25, 1977, and submitted to
the Environmental Protection Agency as a revision to the California
State Implementation Plan by the California Air Resources Board on
November 4, 1977.
(3) The plans required by Rule 705(a) of Regulation VII shall
include the following information in addition to that required in Rule
705(b) of Regulation VII, and shall be submitted and processed as
follows:
(i) Stationary sources.
(A) The total number of employees at the facility during each shift:
(1) On a normal weekday.
(2) On a major national holiday.
(B) The amount and type of fuel used:
[[Page 626]]
(1) On a normal weekday.
(2) On a major national holiday.
(C) For Third-Stage episodes:
(1) A list of equipment and the permit numbers of such equipment not
operated on a major national holiday.
(2) A statement as to whether or not the facility operates on a
major national holiday.
(ii) Indirect sources.
(A) The total number of employees at the facility during each shift:
(1) On a normal weekday.
(2) On a major national holiday.
(B) The number of motor vehicles and vehicle miles traveled for
motor vehicles operated:
(1) By the company, on company business, on a normal weekday and on
a major national holiday.
(2) By employees commuting between home and the place of business on
a normal weekday and on a major national holiday.
(C) The number of parking spaces:
(1) Available.
(2) Normally used on a weekday.
(3) Normally used on a major national holiday.
(D) The minimum number of motor vehicles to be operated that are
necessary to protect the public health or safety.
(E) For Third-Stage episodes, a statement as to whether or not the
facility operates on a major national holiday.
(iii) Each owner or operator required to submit a plan as specified
under Rule 705(a) of Regulation VII shall submit such plans within 60
days after promulgation of the final rulemaking.
(iv) The plans submitted in accordance with the provisions of this
paragraph shall be approved or disapproved by the Administrator within
120 days after receipt.
(v) Each owner or operator required to submit a plan as specified
under Rule 705(a) of Regulation VII shall be notified within 90 days
after the Administrator's decision.
(vi) Any plan disapproved by the Administrator shall be modified to
overcome this disapproval and resubmitted to the Administrator within 30
days of the notice of disapproval.
(vii) A copy of the plan approved in accordance with the provisions
of this paragraph shall be on file and readily available on the premises
to any person authorized to enforce the provisions of this section.
(4) The following actions shall be implemented by the Administrator
upon declaration of a Third-Stage oxidant episode: the general public,
schools, industrial, business, commercial, and governmental activities
throughout the MBUAPCD shall operate as though the day were a major
national holiday.
(5) The Administrator shall ensure the acquisition of forecasts of
atmospheric stagnation conditions during any episode stage and updating
of such forecasts.
(j)-(o) [Reserved]
(p) Regulation for prevention of air pollution emergency episodes--
requirements for stationary source curtailment plans and particulate
matter episodes.
(1) The requirements of this paragraph are applicable in the Los
Angeles County, Riverside County, San Bernardino County Desert and
Imperial County Air Pollution Control Districts.
(2) For the purposes of this regulation, the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``ug/m\3\'' means micrograms per cubic meter.
(iii) ``Major national holiday'' means a holiday such as Christmas
or New Year's Day.
(3) Stationary source curtailment plans shall be prepared by major
stationary sources, as defined by section 169(1) of the Act:
(i) The plans required by this paragraph shall include the following
information:
(A) The information requested in the California Air Resources
Board's Criteria for Approval of Air Pollution Emergency Abatement Plans
(Executive Order G-63).
(B) The total number of employees at the facility during each work
shift on a normal weekday and on a major national holiday.
(C) The amount of energy (gas, fuel oil, and electricity) used on a
normal weekday and on a major national holiday.
(D) For first-stage episodes:
[[Page 627]]
(1) The measures to voluntarily curtail equipment emitting air
pollutants.
(E) For second-stage episodes:
(1) The measures to curtail, as much as possible, equipment
operations that emit air pollutants specific to the type of episode and,
in the case of oxidant episodes, the equipment operations that emit
hydrocarbons and nitrogen oxides.
(2) The measures to postpone operations which can be postponed until
after the episode.
(F) For third-stage episodes:
(1) A list of equipment, with permit numbers if applicable, which
can be shut down without jeopardizing the public health or safety, and
an estimate of the resultant reductions in hydrocarbons, nitrogen
oxides, and particulate matter emissions.
(2) A list of all equipment, with permit numbers if applicable,
which must be operated to protect the public health or safety, and an
estimate of the hydrocarbons, nitrogen oxides and particulate matter
emissions from such equipment.
(4) A copy of the stationary source curtailment plan approved in
accordance with the provisions of this paragraph shall be on file and
readily available on the premises to any person authorized to enforce
the provisions of this paragraph.
(5) The owner or operator of any governmental, business, commercial,
or industrial activity or facility listed in paragraph (p)(3) of this
section shall submit a stationary source curtailment plan to the
Administrator within 60 days after promulgation of final rulemaking.
(6) The plans submitted pursuant to the requirements of this
paragraph shall be reviewed by the Administrator within 90 days.
(7) The owner or operator of any major stationary source required to
submit a plan by this paragraph shall be notified by the Administrator
within 30 days after the plan has been evaluated as to whether the plan
has been approved or disapproved. Any plan disapproved by the
Administrator shall be modified to overcome the disapproval and
resubmitted to the Administrator within 30 days of receipt of the notice
of disapproval.
(8) All submittals or notifications required to be submitted to the
Administrator by this regulation shall be sent to:
Regional Administrator, Attn: Air and Hazardous Materials Division, Air
Technical Branch, Technical Analysis Section (A-4-3), Environmental
Protection Agency, 215 Fremont Street, San Francisco CA 94105.
(9) Any source that violates any requirement of this regulation
shall be subject to enforcement action under section 113 of the Act.
(10) For the purposes of this regulation the following episode
criteria shall apply to particulate matter episodes:
------------------------------------------------------------------------
[micro]g/m\3\
Averaging -----------------------
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Particulate matter................... 24 375 625 875
------------------------------------------------------------------------
(q) The requirements of Subpart H of this chapter are met in the
Fresno County Air Pollution Control District, with the following
exceptions: There are no episode criteria levels, declaration
procedures, notification procedures, source inspection procedures,
emission control actions, or episode termination procedures for carbon
monoxide episodes based on 4- and 8-hour averaging times, or for
particulate matter emergency episodes based on 24-hour averaging times;
there is no time schedule to initiate the call for the submittal of
individual abatement plans; the requirements for the content of the
abatement plans are not sufficiently specific to ensure the adequate
plans are submitted; there are no provisions for requiring abatement
plans from operations which attract large numbers of motor vehicles with
their related emissions; the Stage 3 photochemical oxidants (ozone)
criterion level equals the Federal significant harm level; there are no
provisions for adequate mandatory emission control actions.
(r) Regulation for prevention of air pollution emergency episodes--
4- and 8-hour carbon monoxide criteria levels, mandatory emission
control actions, preplanned abatement strategies, and a Priority I
particulate matter emergency episode contingency plan.
[[Page 628]]
(1) The requirements of this paragraph are applicable in the Fresno
County Air Pollution Control District.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``ppm'' means parts per million by volume.
(iii) ``[micro]g/m\3\'' means micrograms per cubic meter.
(iv) ``Major national holiday'' means a holiday such as Christmas or
New Year's Day.
(3) For the purposes of this regulation, the following episode
criteria shall apply to carbon monoxide episodes:
------------------------------------------------------------------------
Averaging Stage Stage Stage
Pollutant time 1 2 3
(hours) (ppm) (ppm) (ppm)
------------------------------------------------------------------------
Carbon monoxide...................... 4 25 45 60
8 15 30 40
------------------------------------------------------------------------
(4) The provisions of the Fresno County Air Pollution Control
District's Regulation VI, as submitted on October 23, 1974, relating to
carbon monoxide episodes averaged over 1 hour shall apply to carbon
monoxide episodes averaged over 4 and 8 hours except that the
Administrator shall insure that declaration procedures, notification
procedures, source inspections, and termination of such episodes occur.
(5) Stationary source curtailment plans and traffic abatement plans
shall be prepared by business, commercial, industrial, and governmental
establishments in Fresno County as follows:
(i) The owner or operator of any business, commercial, industrial,
or governmental stationary source which can be expected to emit 100 tons
or more per year of carbon monoxide, hydrocarbons, or particulate matter
shall submit to the Administrator plans to curtail or cease operations
causing stationary source air contaminants in such activity:
(ii) The plans required by paragraph (r)(5)(i) of this section shall
include the following information:
(A) The information requested in the California Air Resources
Board's ``Criteria for Approval of Air Pollution Emergency Abatement
Plans'' (Executive Order G-63).
(B) The total number of employees at the facility during each shift
on a normal weekday and on a major national holiday.
(C) The amount of energy (gas, fuel oil, and electricity) used on a
normal weekday and on a major national holiday.
(D) For first-stage episodes, the measures to voluntarily curtail
equipment emitting air pollutants.
(E) For second-stage episodes:
(1) The measures to curtail, as much as possible, equipment
operations that emit air pollutants specific to the type of episode and,
in the case of oxidant episodes, the equipment operations that emit
hydrocarbons or nitrogen oxides.
(2) The measures to postpone operations which can be postponed until
after the episode.
(F) For third-stage episodes:
(1) A list of equipment, with permit numbers if applicable, which
can be shut down without jeopardizing the public health or safety, and
an estimate of the resultant reductions in carbon monoxide,
hydrocarbons, nitrogen oxides, and particulate matter emissions.
(2) A list of all equipment, with permit numbers if applicable,
which must be operated to protect the public health or safety, and an
estimate of the carbon monoxide, hydrocarbons, nitrogen oxides, and
particulate matter emissions from such equipment.
(iii) The owner or operator of any industrial, business, commercial,
or governmental facility or activity employing more than 100 persons per
shift at any one business address shall submit to the Administrator
plans to curtail or cease operations causing air contaminants from
vehicle use.
(iv) The plans required by paragraph (r)(5)(iii) of this section
shall include the following information:
(A) The information requested in the California Air Resources
Board's ``Criteria for Approval of Air Pollution Emergency Abatement
Plans'' (Executive Order G-63).
(B) The total number of employees at the facility during each shift.
[[Page 629]]
(C) The total number of motor vehicles and vehicle miles traveled
for motor vehicles operated:
(1) By the company on company business on a normal weekday and a
major national holdiay.
(2) By employees commuting between home and the place of business on
a normal weekday and a major national holiday.
(3) The minimum number of motor vehicles to be operated that are
necessary to protect public health or safety.
(6) A copy of the stationary source curtailment and/or traffic
abatement plans approved in accordance with the provisions of this
paragraph shall be on file and readily available on the premises to any
person authorized to enforce the provisions of this paragraph.
(7) The owner or operator of any governmental, business, commercial,
or industrial activity or facility listed in paragraph (r)(5) of this
section shall submit a stationary source curtailment plan and/or traffic
abatement plan to the Administrator within 60 days after promulgation of
final rulemaking.
(8) The plans submitted pursuant to the requirements of this
paragraph shall be reviewed by the Administrator for approval or
disapproval according to the following schedule:
(i) For sources with emissions of hydrocarbons, carbon monoxide, or
particulate matter greater than or equal to 454 metric tons (500 tons)
per year, or for establishments employing 400 or more employees per
shift, within 45 days after receipt.
(ii) For sources with emissions of hydrocarbons, carbon monoxide, or
particulate matter greater than or equal to 91 metric tons (100 tons)
per year and less than 454 metric tons (500 tons) per year, or for
establishments employing more than 200 and less than 400 employees per
shift, within 90 days after receipt.
(iii) For establishments employing 100 to 200 employees per shift,
within 180 days after receipt.
(9) The owner or operator of any industrial, business, governmental
or commercial establishment required to submit a plan by this paragraph
shall be notified by the Administrator within 30 days after the plan has
been evaluated as to whether the plan has been approved or disapproved.
Any plan disapproved by the Administrator shall be modified to overcome
the disapproval and resubmitted to the Administrator within 30 days of
receipt of the notice of disapproval.
(10) Any source that violates any requirement of this regulation
shall be subject to enforcement action under section 113 of the Act.
(11) All submittals or notifications required to be submitted to the
Administrator by this regulation shall be sent to:
Regional Administrator, ATTN: Air and Hazardous Materials Division,
Air Technical Branch, Technical Analysis Section (A-4-3), Environmental
Protection Agency, 215 Fremont Street, San Francisco, CA 94105.
(12) For the purposes of this regulation the following episode
criteria shall apply to particulate matter episodes and Stage 3
photochemical oxidants episodes:
------------------------------------------------------------------------
[micro]g/m\3\
Averaging -----------------------
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Particulate matter................... 24 375 625 875
Photochemical oxidants............... 1 ...... ...... \1\
0.5
------------------------------------------------------------------------
\1\ Parts per million.
(13) The Fresno County Air Pollution Control District's Regulation
VI, as submitted on October 23, 1974, relating to episodes for carbon
monoxide and photochemical oxidants averaged over 1 hour, shall apply to
particular matter episodes averaged over 24 hours, except that the
Administrator shall insure that declaration procedures, notification
procedures, source inspections, and termination of such episodes occur.
(14) The Administrator shall insure that the following actions will
be taken in the source and receptor areas on the declaration of a Stage
1, Stage 2 or Stage 3 episode:
(i) For a Stage 1 or Stage 2 episode:
(A) Persons operating any facility or activity named in paragraph
(r)(5) of this section shall implement the appropriate plans submitted
in accordance with subparagraph (5) of the declared Stage 1 or Stage 2
episode for the appropriate air contaminant(s).
(ii) For a Stage 3 episode:
[[Page 630]]
(A) The general public, schools, industrial, business, commercial,
and governmental activities throughout Fresno County shall operate as
though the day were a major national holiday.
[43 FR 22721, May 26, 1978]
Editorial Note: For Federal Register citations affecting Sec.
52.274, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.275 Particulate matter control.
(a) The following rules or portions of rules are retained because
they control emissions of particulate matter, and because there is no
demonstration that their deletion would not interfere with the
attainment and maintenance of the national standards for particulate
matter:
(1) Lake County APCD.
(i) Part III-50 and Part V-1B, submitted on October 23, 1974, and
previously approved under 40 CFR 52.223.
(2) San Luis Obispo County APCD.
(i) Rule 113, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223.
(b) The following regulations are disapproved because they relax the
control on particulate matter emissions without any accompanying
analyses demonstrating that these relaxations will not interfere with
the attainment and maintenance of the National Ambient Air Quality
Standards.
(1) Amador County APCD.
(i) Rules 211 and 212, submitted on April 21, 1976. (Regulation V,
Rules 13 and 14, submitted on June 30, 1972, and previously approved,
are retained.)
(ii) Rules 207 and 212, submitted on October 13, 1977. (The
analogous Rules 10 and 14 of Regulation V, submitted on June 30, 1972,
and previously approved, are retained and shall remain in effect for
Federal enforcement purposes.)
(2) Calaveras County APCD.
(i) Rule 211, submitted on October 13, 1977. (Rule 211, submitted on
July 22, 1975, and previously approved, is retained and shall remain in
effect for Federal enforcement purposes.)
(3) Del Norte County APCD.
(i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(4) El Dorado County APCD.
(i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted
on August 2, 1976. (The analogous Rule 55, submitted on February 21,
1972, and previously approved, is retained and shall remain in effect
for Federal enforcement purposes.)
(5) Humbolt County APCD.
(i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(6) Mariposa County APCD.
(i) Rule 211, submitted on June 6, 1977. (Rule 211, submitted on
January 10, 1975, and previously approved, is retained and shall remain
in effect for Federal enforcement purposes.)
(7) Mendocino County APCD.
(i) Rule 410(c)(7), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(8) Nevada County APCD.
(i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted
on April 21, 1976. (Rule 52.1, submitted on June 30, 1972, and
previously approved, is retained and shall remain in effect for Federal
enforcement purposes.)
(9) Northern Sonoma County APCD.
(i) Rule 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on October 13, 1977.
(10) Placer County APCD.
(i) Rule 211, submitted on October 13, 1977. (The analogous Rule 61,
submitted on June 30, 1972, and previously approved, is retained and
shall remain in effect for Federal enforcement purposes.)
(ii) Rules 202, 207, and 211, submitted on October 15, 1979; and
Section 61, and Rules 202 and 207, previously approved in the June 30,
1972, January 10, 1975, and October 13, 1977 submittals, are retained.
(11) Plumas County APCD.
(i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211,
submitted on January 10, 1975, and previously approved, is retained and
shall remain in effect for Federal enforcement purposes.)
(12) San Luis Obispo County APCD.
(i) Rule 403, submitted on November 10, 1976.
[[Page 631]]
(13) Sierra County APCD.
(i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211,
submitted on January 10, 1975, and previously approved, is retained and
shall remain in effect for Federal enforcement purposes.)
(14) Trinity County APCD.
(i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(c) The following regulations are disapproved because they relax the
control on visible emissions without any accompanying analyses
demonstrating that these relaxations will not interfere with the
attainment and maintenance of the National Ambient Air Quality Standards
or any other applicable requirement of the Clean Air Act.
(1) South Coast Air Quality Management District.
(i) Rule 401, submitted on January 12, 1999.
[43 FR 25675, June 14, 1978]
Editorial Note: For Federal Register citations affecting Sec.
52.275, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.276 Sulfur content of fuels.
(a) The following rules or portions of rules are disapproved since
they represent a relaxation of previously submitted regulations and an
adequate control strategy demonstration has not been submitted showing
that the relaxation will not interfere with the attainment and
maintenance of the National Ambient Air Quality Standards:
(1) North Central Coast Intrastate Region:
(i) Monterey Bay Unified APCD.
(A) Rule 412(a)(8), Sulfur Content of Fuels, submitted on October
23, 1974.
(b) The deletion of the following rules from the State
implementation plan is disapproved since their deletion represents a
relaxation of the control strategy, and an adequate demonstration
showing that the relaxation will not interfere with the attainment and
maintenance of the national ambient air quality standards has not been
submitted:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 126, Sulfur Contents of Fuels, submitted on June 30, 1972
and previously approved under 40 CFR 52.223.
[42 FR 56606, Oct. 27, 1977, as amended at 43 FR 35695, Aug. 11, 1978]
Sec. 52.277 Oxides of nitrogen, combustion gas concentration limitations.
(a) The following rules are being retained to the extent that the
new rules are less stringent than the previously approved rules:
(1) North Central Coast Intrastate Region:
(i) Monterey Bay Unified APCD.
(A) Rule 404(c) submitted on February 21, 1972 by the Monterey-Santa
Cruz Unified APCD and previously approved as part of the SIP, is being
retained for sources combusting gaseous fuels. Rule 404(c) will be in
effect for Monterey and Santa Cruz Counties only. Rule 404(c), submitted
on November 10, 1976 by the Monterey Bay Unified APCD, will only be in
effect for sources combusting liquid or solid fuels with heat input
rates greater than 1\1/2\ billion BTU per hour in the Monterey and Santa
Cruz portions of the Unified APCD.
(B) Rule 408(b), submitted on February 21, 1972 by the San Benito
County APCD and previously approved as part of the SIP, is being
retained for sources combusting liquid, solid, or gaseous fuels with
heat input rates less than 1\1/2\ billion BTU per hour. Rule 408(b) will
be in effect for San Benito County only. Rule 404(c), submitted on
November 10, 1976 by the Monterey Bay unified APCD, will only be in
effect for sources combusting liquid, solid, or gaseous fuels with heat
input rates greater than 1\1/2\ billion BTU per hour in the San Benito
County portion of the Unified APCD.
[42 FR 56606, Oct. 27, 1977]
Sec. 52.278 Oxides of nitrogen control.
(a) The following regulations are disapproved because they relax the
control of nitrogen oxides emissions without an accompanying analysis
demonstrating that this relaxation will not interfere with the
attainment and
[[Page 632]]
maintenance of the National Ambient Air Quality Standards.
(1) South central coast intrastate AQCR.
(i) San Luis Obispo County APCD.
(A) Rule 405(A)(1), Nitrogen Oxides Emission Standards Limitations
and Prohibitions submitted on November 10, 1976, is disapproved; and
Rule 114(4), Gaseous Contaminants Oxides of Nitrogen submitted on
February 21, 1972 and previously approved in 40 CFR 52.223, is retained.
[43 FR 34467, Aug. 4, 1978]
Sec. 52.279 Food processing facilities.
(a) The following regulations are disapproved because they conflict
with the requirements of 40 CFR Subpart I [formerly Sec. 51.18],
``Review of new sources and modifications,'' and relax the control on
emissions from food processing facilities without any accompanying
analyses demonstrating that these relaxations will not interfere with
the attainment and maintenance of the National Ambient Air Quality
Standards.
(1) Merced County APCD Rules 210.1-II-J, 210.1-VII-F, 408-C (new
sentences two and three), adopted on August 21, 1984, and submitted on
October 5, 1984.
(2) Bay Area Air Quality Management District sections 2-2-119, 2-2-
120. Adopted on September 19, 1984, and submitted on October 5, 1984.
[52 FR 3646, Feb. 5, 1987, as amended at 55 FR 31835, Aug. 6, 1990]
Sec. 52.280 Fuel burning equipment.
(a) The following rules and regulations are disapproved because they
relax the control on emissions from fuel burning equipment without any
accompanying analyses demonstrating that these relaxations will not
interfere with the attainment and maintenance of the National Ambient
Air Quality Standards.
(1) Mountain Counties Intrastate AQCR:
(i) Amador County APCD.
(A) Rules 209, submitted on April 21, 1976 and October 15, 1979, are
disapproved; and Regulation V, Rule 19, previously approved in the June
30, 1972 submittal, is retained.
(B) Rule 210(B)(1), submitted on October 15, 1979, is disapproved;
and Rules 11 and 210, previously approved in the June 30, 1972 and April
21, 1976 submittals, are retained.
(ii) Calaveras County APCD.
(A) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
October 13, 1977, is disapproved; and Rule 408, Fuel Burning Equipment,
previously approved in the June 30, 1972, submittal, is retained and
shall remain in effect for Federal enforcement purposes.
(iii) Tuolumne County APCD.
(A) Rule 210, submitted on October 15, 1979, is disapproved; and
Rule 407, previously approved in the June 30, 1972 submittal, is
retained.
(iv) Placer County APCD.
(A) Rule 210, submitted on October 15, 1979, is disapproved, and
Rule 210, previously approved in the October 13, 1977 submittal, is
retained.
(2) Sacramento Valley Intrastate AQCR:
(i) Yolo-Solano APCD.
(A) Rule 2.16, Fuel Burning Heat or Power Generators, submitted on
July 19, 1974 is disapproved; and Rule 2.16, Fuel Burning Equipment,
submitted on June 30, 1972 and previously approved as part of the SIP in
40 CFR 52.223, is retained.
(3) Southeast Desert Intrastate AQCR.
(i) San Bernardino County Desert APCD.
(A) Rule 474, Fuel Burning Equipment--Oxides of Nitrogen, submitted
November 4, 1977, is disapproved. Rule 68 (same title) submitted June
30, 1972 and approved in 40 CFR 52.223 is retained.
(b) The deletion of the following rules or portions of rules from
the State implementation plan is disapproved since their deletion
represents a relaxation of the control strategy and an adequate
demonstration showing that the relaxation will not interfere with the
attainment and maintenance of the national ambient air quality standards
has not been submitted:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 131, Fuel Burning Equipment, submitted on February 21, 1972
[[Page 633]]
and previously approved under 40 CFR 52.223.
(ii) San Bernardino County.
(A) Rule 67, Fuel Burning Equipment as applied to new sources. The
emission limit of Rule 67 is retained and is applicable only to existing
sources already granted a permit.
(c) The emission limits of Rules 67 and 72 are partially retained,
applicable only to (existing) sources granted permits prior to June 17,
1981.
(1) South Coast Air Quality Management District.
(i) Rules 67, Fuel Burning Equipment, and 72, Fuel Burning
Equipment, submitted on November 19, 1979.
[43 FR 25677, 25684 June 14, 1978, as amended at 43 FR 35696, Aug. 11,
1978; 43 FR 51774, Nov. 7, 1978; 43 FR 59490, Dec. 21, 1978; 44 FR 5664,
Jan. 29, 1979; 46 FR 3889, Jan. 16, 1981; 46 FR 27116, 27118, May 18,
1981; 47 FR 25016, June 9, 1982]
Sec. 52.281 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) [Reserved]
(c) Regulations for visibility new source review. The provisions of
Sec. 52.27 are hereby incorporated and made part of the applicable plan
for the State of California only with respect to:
(1) Mendocino County air pollution control district,
(2) Monterey County air pollution control district,
(3) North Coast Unified air quality management district,
(4) Northern Sonoma County air pollution control district, and
(5) Sacramento County air pollution control district.
(d) The provisions of Sec. 52.28 are hereby incorporated and made
part of the applicable plan for the State of California, except for:
(1) Monterey County air pollution control district, and
(2) Sacramento County air pollution control district.
(e) [Reserved]
(f) Approval. On March 16, 2009, the California Air Resources Board
submitted the ``California Regional Haze Plan'' (``CRHP''). The CRHP, as
amended and supplemented on September 8, 2009 and June 9, 2010, meets
the requirements of Clean Air Act section 169B and the Regional Haze
Rule in 40 CFR 51.308.
(g) Approval. On June 16, 2014, the California Air Resources Board
submitted the ``California Regional Haze Plan 2014 Progress Report''
(``Progress Report''). The Progress Report meets the requirements of
Clean Air Act sections 169A and 169B and the Regional Haze Rule in 40
CFR 51.308.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45138, Nov. 24, 1987;
76 FR 34611, June 14, 2011; 80 FR 17331, Apr. 1, 2015; 82 FR 3129, Jan.
10, 2017]
Sec. 52.282 Control strategy and regulations: Ozone.
(a) Attainment determination. EPA has determined that the Ventura
County severe 1-hour ozone nonattainment area attained the 1-hour ozone
NAAQS by the applicable attainment date of November 15, 2005. EPA also
has determined that the Ventura County severe 1-hour ozone nonattainment
area is not subject to the requirements of section 185 of the Clean Air
Act (CAA) for the 1-hour standard and that the State is not required to
submit a SIP under Section 182(d)(3) of the CAA to implement a section
185 program for the 1-hour standard in this area. In addition, the
requirements of section 172(c)(9) (contingency measures) for the 1-hour
standard do not apply to the area.
(b) Approval. On December 19, 2007, the California Air Resources
Board submitted a maintenance plan for the 1997 8-hour ozone NAAQS for
the Monterey Bay Area as required by section 110(a)(1) of the Clean Air
Act, as amended in 1990, and 40 CFR 51.905(a)(4). Elements of the
section 110(a)(1) maintenance plan for ozone include a base year (2002)
attainment emissions inventory for ozone, a demonstration of maintenance
of the ozone NAAQS with projected emissions inventories through the year
2014 for ozone, a plan to verify continued attainment, and a contingency
plan. The maintenance plan meets the Federal requirements of Clean Air
Act section 110(a)(1) and 40 CFR 51.905(a)(4) and is approved as a
revision to the California
[[Page 634]]
State Implementation Plan for the above mentioned area.
(c) Determination of attainment. Effective January 4, 2010, EPA is
determining that the Imperial County, California 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone standard. Under
the provisions of EPA's ozone implementation rule (see 40 CFR 51.918),
this determination suspends the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act for as long as
the area does not monitor any violations of the 8-hour ozone standard.
If a violation of the 1997 ozone NAAQS is monitored in the Imperial
County, California 8-hour ozone nonattainment area, this determination
shall no longer apply.
(d) Determinations that Certain Areas Did Not Attain the 1-Hour
Ozone NAAQS. EPA has determined that the Los Angeles-South Coast Air
Basin Area and the San Joaquin Valley Area extreme 1-hour ozone
nonattainment areas did not attain the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2010 and that the Southeast
Desert Modified Air Quality Maintenance Area severe-17 1-hour ozone
nonattainment area did not attain the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2007. These determinations
bear on the areas' obligations with respect to the one-hour ozone
standard anti-backsliding requirements whose implementation is triggered
by a determination of failure to attain by the applicable attainment
date: section 172(c)(9) contingency measures for failure to attain and
sections 182(d)(3) and 185 major stationary source fee programs.
(e) Determinations of attainment. Effective June 3, 2016.
(1) Approval of applications for extensions of applicable attainment
dates. Under section 181(a)(5) of the Clean Air Act, the EPA is
approving the applications submitted by the California Air Resources
Board dated June 1, 2015, referencing the District's letter of May 19,
2015, for extensions of the applicable attainment date for the San Luis
Obispo (Eastern San Luis Obispo), CA 2008 8-hour ozone nonattainment
areas from July 20, 2015 to July 20, 2016.
(2) Determinations of attainment. The EPA has determined that the
Calaveras County, Chico (Butte County), San Francisco Bay Area and
Tuscan Buttes 2008 8-hour ozone nonattainment areas in California have
attained the 2008 8-hour ozone standard by the July 20, 2015 applicable
attainment date, based upon complete quality-assured data for 2012-2014.
Therefore, the EPA has met its obligation 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. As a result
of these determinations, the Calaveras County, Chico (Butte County), San
Francisco Bay Area and Tuscan Buttes 2008 8-hour ozone nonattainment
areas in California will not be reclassified for failure to attain by
their July 20, 2015, applicable attainment date under section
181(b)(2)(A).
(3) Determinations of attainment. EPA is determining that the Amador
and Calaveras Counties, Chico, Kern County, Mariposa and Tuolumne
Counties, Nevada County, Sutter County and Ventura County 8-hour ozone
nonattainment areas have attained the 1997 8-hour ozone standard, based
upon complete quality-assured data for 2009-2011. Under the provisions
of EPA's ozone implementation rule (see 40 CFR 51.918), these
determinations suspend the attainment demonstrations and associated
reasonably available control measures, reasonable further progress
plans, contingency measures, and other planning SIPs related to
attainment for as long as the areas continue to attain the 1997 8-hour
ozone standard. If EPA determines, after notice-and-comment rulemaking,
that any of these areas no longer meets the 1997 ozone NAAQS, the
corresponding determination of attainment for that area shall be
withdrawn.
(f) Determination of attainment. EPA has determined that, as of
November 19, 2012, the Sacramento Metro 1-hour ozone nonattainment area
has attained the 1-hour ozone standard, based upon complete, quality-
assured and certified ambient air quality monitoring data for 2007-2009.
(g) Determination of attainment. EPA has determined that, as of May
15, 2015,
[[Page 635]]
the Southeast Desert 1-hour ozone nonattainment area has attained the 1-
hour ozone standard, based upon complete, quality-assured and certified
ambient air quality monitoring data for 2011-2013.
(h) Determination of attainment. EPA has determined that, as of
August 17, 2016, the San Joaquin Valley 1-hour ozone nonattainment area
has attained the 1-hour ozone standard, based upon sufficient, quality-
assured and certified ambient air quality monitoring data for 2012-2014.
(i) Determination of attainment. The EPA has determined that, as of
January 20, 2017, the San Luis Obispo (Eastern San Luis Obispo) 2008 8-
hour ozone nonattainment area in California has attained the 2008 ozone
standard by the July 20, 2016 applicable attainment date, based upon
complete, quality-assured and certified data for 2013-2015. Therefore,
the EPA has met its obligation 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. As a result of this
determination, the San Luis Obispo (Eastern San Luis Obispo) 2008 ozone
nonattainment area in California will not be reclassified for failure to
attain by the July 20, 2016 applicable attainment date under section
181(b)(2)(A).
(j) Determination of attainment. The EPA has determined that, as of
February 21, 2017, the Mariposa County 2008 8-hour ozone nonattainment
area in California has attained the 2008 ozone standard, based upon
complete, quality-assured and certified data for 2013-2015. Under the
provisions of the EPA's ozone implementation rule (see 40 CFR 51.1118),
this determination suspends the requirements for the area to submit
attainment demonstrations and associated reasonably available control
measures, reasonable further progress plans, contingency measures for
failure to attain or make reasonable further progress and other planning
SIPs related to attainment of the 2008 ozone standard for as long as the
area continues to attain the 2008 ozone standard. If the EPA determines,
after notice-and-comment rulemaking, that the Mariposa County ozone
nonattainment area no longer meets the 2008 ozone standard, the
corresponding determination of attainment for this area shall be
withdrawn.
[74 FR 25156, May 27, 2009, as amended at 74 FR 66921, Dec. 17, 2009; 74
FR 63310, Dec. 3, 2009; 76 FR 82146, Dec. 30, 2011; 77 FR 64039, Oct.
18, 2012; 77 FR 71555, Dec. 3, 2012; 80 FR 20167, Apr. 15, 2015; 81 FR
26708, May 4, 2016; 81 FR 46612, July 18, 2016; 81 FR 93621, 93627, Dec.
21, 2016]
Sec. 52.283 Interstate Transport.
(a) Approval. On November 16, 2007, the California Air Resources
Board submitted the ``Interstate Transport State Implementation Plan
(SIP) for the 1997 8-hour Ozone Standard and PM2.5 to satisfy
the Requirements of Clean Air Act section 110(a)(2)(D)(i) for the State
of California (September 21, 2007)'' (``2007 Transport SIP''). The 2007
Transport SIP and the additional plan elements listed below meet the
following specific requirements of Clean Air Act section 110(a)(2)(D)(i)
for the 1997 8-hour ozone and 1997 PM2.5 NAAQS (``1997
standards'').
(1) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility for the
1997 standards are met by chapter 3 (Emissions Inventory), chapter 4
(California 2018 Progress Strategy), and chapter 8 (Consultation) of the
``California Regional Haze Plan,'' adopted January 22, 2009.
(2) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding
significant contribution to nonattainment of the 1997 standards in any
other State and interference with maintenance of the 1997 standards by
any other State.
(3) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in ths paragraph.
(i) Amador County APCD
(ii) Butte County AQMD
(iii) Calaveras County APCD
(iv) Feather River AQMD
(v) Northern Sierra AQMD
(vi) Mariposa County APCD
[[Page 636]]
(vii) Tuolumne County APCD
(viii) North Coast Unified AQMD
(ix) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
(b) [Reserved]
(c) 2006 PM2.5 NAAQS and 2012 PM2.5 NAAQS: The 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, and the additional plan
elements listed below meet the following specific requirements of Clean
Air Act section 110(a)(2)(D)(i) for the 2006 PM2.5 NAAQS and
2012 PM2.5 NAAQS.
(1) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in this paragraph.
(i) [Reserved]
(ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
(iii) [Reserved]
(iv) South Coast AQMD (PSD requirements for the NAAQS, only).
(v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
(2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the ``California Regional
Haze Plan,'' adopted January 22, 2009.
(3) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding
significant contribution to nonattainment of the 2006 PM2.5
NAAQS and 2012 PM2.5 NAAQS in any other state and
interference with maintenance of the 2006 PM2.5 NAAQS and
2012 PM2.5 NAAQS by any other state.
(d) 2008 ozone NAAQS: The 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, and the additional plan elements listed
below meet the following specific requirements of Clean Air Act section
110(a)(2)(D)(i) for the 2008 ozone NAAQS.
(1) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in this paragraph.
(i) [Reserved]
(ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
(iii) [Reserved]
(iv) South Coast AQMD (PSD requirements for the NAAQS, only).
(v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
(2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the ``California Regional
Haze Plan,'' adopted January 22, 2009.
(3) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding
significant contribution to nonattainment of the 2008 ozone NAAQS in any
other State and interference with maintenance of the 2010 ozone NAAQS by
any other State.
(e) 2008 Pb NAAQS: The 2011 Pb Infrastructure SIP, submitted on
September 22, 2011, and the 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, and the additional plan elements listed
below meet the following specific requirements of Clean Air Act section
110(a)(2)(D)(i) for the 2008 Pb NAAQS.
(1) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding
significant contribution to nonattainment of the 2008 Pb NAAQS in any
other State and interference with maintenance of the 2008 Pb NAAQS by
any other State.
(2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference
[[Page 637]]
with any other state's measures required under title I, part C of the
Clean Air Act to prevent significant deterioration of air quality,
except that these requirements are not fully met in the Air Pollution
Control Districts (APCDs) or Air Quality Management Districts (AQMDs)
listed in this paragraph.
(i) [Reserved]
(ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
(iii) [Reserved]
(iv) South Coast AQMD (PSD requirements for the NAAQS, only).
(v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
(3) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the ``California Regional
Haze Plan,'' adopted January 22, 2009.
(f) 2010 NO2 NAAQS: The 2012 NO2
Infrastructure SIP, submitted on November 15, 2012, and the 2014 Multi-
pollutant Infrastructure SIP, submitted on March 6, 2014, and the
additional plan elements listed below meet the following specific
requirements of Clean Air Act section 110(a)(2)(D)(i) for the 2010
NO2 NAAQS.
(1) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding
significant contribution to nonattainment of the 2010 NO2
NAAQS in any other State and interference with maintenance of the 2010
NO2 NAAQS by any other State.
(2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in this paragraph.
(i) [Reserved]
(ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
(iii) [Reserved]
(iv) South Coast AQMD (PSD requirements for the NAAQS, only).
(v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
(3) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the ``California Regional
Haze Plan,'' adopted January 22, 2009.
(g) 2010 SO2 NAAQS: The 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, and the additional plan
elements listed below meet the following specific requirements of Clean
Air Act section 110(a)(2)(D)(i) for the 2010 SO2 NAAQS.
(1) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in this paragraph.
(i) [Reserved]
(ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
(iii) [Reserved]
(iv) South Coast AQMD (PSD requirements for the NAAQS, only).
(v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
(2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the ``California Regional
Haze Plan,'' adopted January 22, 2009.
(3) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding
significant
[[Page 638]]
contribution to nonattainment of the 2010 SO2 NAAQS in any
other State and interference with maintenance of the 2010 SO2
NAAQS by any other State.
[76 FR 34611, June 14, 2011, as amended at 76 FR 34876, June 15, 2011;
76 FR 48006, Aug. 8, 2011; 81 FR 18780, Apr. 1, 2016; 81 FR 69392, Oct.
6, 2016; 82 FR 30773, July 3, 2017; 83 FR 14756, Apr. 6, 2018; 83 FR
65101, Dec. 19, 2018]
Subpart G_Colorado
Sec. 52.320 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for Colorado 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 June 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) and (d) of this section with EPA approval
dates after June 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 June 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 Colorado regulations we have approved
are also available at http://www.epa.gov/region8/air/sip.html.
(c) EPA-approved regulations.
----------------------------------------------------------------------------------------------------------------
State EPA Effective
Title effective date date Final rule citation/date Comments
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-01, Procedural Rules
----------------------------------------------------------------------------------------------------------------
State Implementation Plan....... 3/30/1998 5/10/2012 77 FR 21451, 4/10/2012
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-02, Common Provisions Regulation
----------------------------------------------------------------------------------------------------------------
I. Definitions, Statement of 1/30/2010 2/24/2016 81 FR 3963, 1/25/2016 Except I.G.
Intent, and General Provisions 12/15/2010 Definitions,
Applicable to all Emission ``Construction''
Control Regulations adopted by and ``Day''
the Colorado Air Quality
Control Commission.
II. General..................... 1/30/2010 2/24/2016 81 FR 3963, 1/25/2016 Except II.I;
II.J.5.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-03, Regulation Number 1, Emission Control for Particulate Matter, Smoke, Carbon Monoxide, and Sulfur
Oxides
----------------------------------------------------------------------------------------------------------------
Definitions..................... 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
I. Applicability: Referenced 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
Federal Regulations.
II. Smoke and Opacity........... 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
III. Particulate Matter......... 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
IV. Continuous Emission 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
Monitoring Requirements for New
or Existing Sources.
V. Emission Standards for 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
Existing Iron and Steel Plant
Operations.
[[Page 639]]
VI. Sulfur Dioxide Emission 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
Regulations.
VII. Emission Regulations for 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
Certain Electric Generating
Stations Owned and Operated by
the Public Service Company of
Colorado.
VIII. Restrictions on the Use of 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
Oil as a Backup Fuel.
IX. Emission Regulations 10/2/2005 2/17/2012 77 FR 2466, 1/18/2012
Concerning Areas Which Are
Nonattainment for Carbon
Monoxide--Refinery Fluid Bed
Catalytic Cracking Units:
Appendix A, Method of Measuring 5/30/1982 1/2/1987 51 FR 43609, 12/3/1986
Opacity from Fugitive
Particulate Emission Sources.
Appendix B, Method of 5/30/1982 1/2/1987 51 FR 43609, 12/3/1986
Measurement of Off-Property
Transport of Fugitive
Particulate Emissions.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
----------------------------------------------------------------------------------------------------------------
I. Applicability................ 10/15/2014 6/3/2019 84 FR 18991, 5/3/2019
3/16/2016
II. Air Pollutant Emission 10/15/2014 11/13/2017 82 FR 47380, 10/12/2017
Notice (APEN) Requirements.
III. Administrative Permit 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
Amendment Procedures.
IV. Operational Flexibility..... 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
V. Certification and Trading of 10/15/2014 6/3/2019 84 FR 18991, 5/3/2019
Emission Reduction Credits
Offset and Netting Transactions.
VI. Fees........................ 10/15/2014 6/3/2019 84 FR 18991, 5/3/2019
VII. Confidential Information or 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
Data Contained in Air Pollutant
Emission Notices, Permit
Applications, or Reports
Submitted Pursuant to Part C,
Section V.C.6.
VIII. Technical Modeling and 12/15/2010 2/24/2016 81 FR 3963, 1/25/2016
Monitoring Requirements.
Appendix A, Method for 10/15/2014 11/13/2017 82 FR 47380, 10/12/2017
Determining De Minimis Levels
For Non-Criteria Reportable
Pollutants.
Appendix B, Non-criteria 12/15/2010 2/24/2016 81 FR 3963, 1/25/2016
Reportable Pollutants (Sorted 2/15/2013
by BIN).
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-05, Regulation Number 3, Part B, Concerning Construction Permits
----------------------------------------------------------------------------------------------------------------
I. Applicability................ 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
II. General Requirements for 12/15/2010 2/24/2016 81 FR 3963, 1/25/2016
Construction Permits. 12/15/2011
III. Construction Permit Review 10/15/2014 11/13/2017 82 FR 47380, 10/12/2017
Procedures.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-05, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention
of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
I. Applicability................ 10/15/2014 6/3/2019 84 FR 18991, 5/3/2019
II. Definitions................. 10/15/2014 6/3/2019 84 FR 18991, 5/3/2019
3/16/2016
III. Permit Review Procedures... 12/15/2011 2/24/2016 81 FR 3963, 1/25/2016
IV. Public Comment Requirements. 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
V. Requirements Applicable to 10/15/2014 6/3/2019 84 FR 18991, 5/3/2019
Nonattainment Areas.
VI. Requirements applicable to 10/15/2014 6/3/2019 84 FR 18991, 5/3/2019
attainment and unclassifiable
areas and pollutants
implemented under Section 110
of the Federal Act (Prevention
of Significant Deterioration
Program).
VII. Negligibly Reactive 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
Volatile Organic Compounds
(NRVOCs).
VIII. Area Classifications...... 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
IX. Redesignation............... 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
X. Air Quality Limitations...... 12/15/2011 2/24/2016 81 FR 3963, 1/25/2016
[[Page 640]]
XI. Exclusions From Increment 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
Consumption.
XII. Innovative Control 4/30/2008 3/17/2014 79 FR 8632, 2/13/2014
Technology.
XIII. Federal Class I Areas..... 12/15/2011 2/24/2016 81 FR 3963, 1/25/2016
XIV. Visibility................. 12/15/2010 2/24/2016 81 FR 3963, 1/25/2016
XV. Actual PALs................. 10/15/2014 6/3/2019 84 FR 18991, 5/3/2019
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-05, Regulation Number 3, Part F, Regional Haze Limits--Best Available Retrofit Technology (BART) and
Reasonable Progress (RP)
----------------------------------------------------------------------------------------------------------------
VI. Regional Haze Determinations 2/14/2017 8/6/2018 83 FR 31332, 7/5/2018
VII. Monitoring, Recordkeeping, 2/14/2011 1/30/2013 77 FR 76871, 12/31/2012
and Reporting for Regional Haze
Limits.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-06, Regulation Number 4, New Wood Stoves and the Use of Certain Woodburning Appliances During High
Pollution Days
----------------------------------------------------------------------------------------------------------------
I. Definitions.................. 8/30/1993 5/19/1997 62 FR 18716, 4/17/1997
II. Requirements for Sale and 8/30/1993 5/19/1997 62 FR 18716, 4/17/1997
Installation of Wood Stoves.
III. Approval Procedure for 8/30/1993 5/19/1997 62 FR 18716, 4/17/1997
Pellet Stoves.
IV. Enforcement................. 8/30/1993 5/19/1997 62 FR 18716, 4/17/1997
V. List of Certified Wood Stoves 8/30/1993 5/19/1997 62 FR 18716, 4/17/1997
VI. High Pollution Days......... 8/30/1993 5/19/1997 62 FR 18716, 4/17/1997
VII. Requirements for 8/30/1993 5/19/1997 62 FR 18716, 4/17/1997
Installation of Fireplaces.
VIII. Implementation of Local 8/30/1993 5/19/1997 62 FR 18716, 4/17/1997
Control Strategies.
IX. References.................. 8/30/1993 5/19/1997 62 FR 18716, 4/17/1997
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-08, Regulation Number 6, Standards of Performance for New Stationary Sources
----------------------------------------------------------------------------------------------------------------
IV. Standards of Performance for 3/30/1981 1/6/1982 46 FR 59536, 12/7/1981
New Sources of Sulfur Dioxide.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic
Compounds and Nitrogen Oxides)
----------------------------------------------------------------------------------------------------------------
I. Applicability................ 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018 Previous SIP
approval 08/05/11
except for
I.A.1.b, I.B.1.b,
I.B.2.b, and
I.B.2.d;
nonsubstantive
changes to
I.A.1.a. and
I.A.1.c. approved
7/3/2018.
II. General Provisions.......... 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018 Previous SIP
approval 8/5/2011
except for
II.A.12, II.C.1,
and the repeal of
previously
approved II.D;
nonsubstantive
changes to II.D
approved 7/3/
2018.
III. General Requirements for 1/30/2009 9/6/2011 76 FR 47443, 8/5/2011
Storage and Transfer of
Volatile Organic Compounds.
IV. Storage of Highly Volatile 1/30/2009 9/6/2011 76 FR 47443, 8/5/2011
Organic Compounds.
V. Disposal of Volatile Organic 1/30/2009 9/6/2011 76 FR 47443, 8/5/2011
Compounds.
VI. Storage and Transfer of 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018 Previous SIP
Petroleum Liquid. approval 8/5/
2011;
nonsubstantive
changes to
VI.B.2.a.(iii)(B)
approved 7/3/
2018.
VII. Crude Oil.................. 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018 Previous SIP
approval 8/5/
2011;
nonsubstantive
changes to VII.C
7/3/2018.
[[Page 641]]
VIII. Petroleum Processing and 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018 Previous SIP
Refining. approval 8/5/
2011;
nonsubstantive
changes to
VIII.C.4.a.(i)(A)
(6) 7/3/2018.
IX. Surface Coating Operations.. 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018 Previous SIP
approval 8/5/
2011;
nonsubstantive
changes to
IX.A.3.c.,
IX.A.5.a.-d., and
IX.A.12.a. 7/3/
2018.
X. Use of Solvents for 1/30/2009 9/6/2011 76 FR 47443, 8/5/2011
Degreasing and Cleaning.
XI. Use of Cutback Asphalt...... 1/30/2009 9/6/2011 76 FR 47443, 8/5/2011
XII. Volatile Organic Compound 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018 Previous SIP
Emissions From Oil and Gas approval 2/13/
Operations. 2008; substantive
changes to
Section XII;
state-only
provisions
excluded 7/3/
2018.
XIII. Graphic Arts.............. 1/30/2009 9/6/2011 76 FR 47443, 8/5/2011
XIV. Pharmaceutical Synthesis... 1/30/2009 9/6/2011 76 FR 47443, 8/5/2011
XV. Control of Volatile Organic 1/30/2009 9/6/2011 76 FR 47443, 8/5/2011
Compound Leaks from Vapor
Collection Systems and Vapor
Control Systems Located at
Gasoline Terminals, Gasoline
Bulk Plants, and Gasoline
Dispensing Facilities.
XVI. Control of Emissions from 2/15/2013 8/2/2018 83 FR 31068, 7/3/2018 Previous SIP
Stationary and Portable Engines 1/14/2017 approval 8/19/
in the 8-Hour Ozone Control 2005;
Area. nonsubstantive
changes to
Sections XVI.A.-
C. 7/3/2018.
XVII.E.3.a., (Regional Haze SIP) 2/14/2011 1/30/2013 77 FR 76871, 12/31/2012
Rich Burn Reciprocating
Internal Combustion Engines.
Appendix A. Criteria for Control 10/30/1989 6/29/1995 60 FR 28055, 5/30/1995
of Vapors from Gasoline
Transfer to Storage Tanks.
Appendix B. Criteria for Control 10/30/1989 6/20/1995 60 FR 28055, 5/30/1995
of Vapors from Gasoline
Transfer at Bulk Plants (Vapor
Balance System).
Appendix C. Minimum Cooling 5/22/1980 4/13/1981 46 FR 16687, 3/13/1981
Capacities for Refrigerated
Freeboard Chillers on Vapor
Degreasers.
Appendix D. Test Procedures for 10/30/1989 6/29/1995 60 FR 28055, 5/30/1995
Annual Pressure/Vacuum Testing
of Gasoline Transport Tanks.
Appendix E. Emission Limit 10/30/1989 6/29/1995 60 FR 28055, 5/30/1995
Conversion Procedure.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-12, Regulation Number 10, Criteria for Analysis of Transportation Conformity
----------------------------------------------------------------------------------------------------------------
I. Requirement to Comply with 1/30/2012 4/3/2014 79 FR 12079, 3/4/2014
the Federal Rule.
II. Definitions................. 3/30/2016 5/7/2018 83 FR 14757, 4/6/2018
III. Interagency Consultation... 3/30/2016 5/7/2018 83 FR 14757, 4/6/2018
IV. Emission reduction credit 1/30/2012 4/3/2014 79 FR 12079, 3/4/2014
for certain control measures.
V. Enforceability of design 1/30/2012 4/3/2014 79 FR 12079, 3/4/2014
concept and scope and project-
level mitigation and control
measures.
----------------------------------------------------------------------------------------------------------------
[[Page 642]]
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part A, General Provisions,
Area of Applicability, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and
Clean Screening/Remote Sensing
----------------------------------------------------------------------------------------------------------------
I. Applicability................ 2/15/2013 11/21/2016 81 FR 72720, 10/21/2016
12/30/2013
II. Definitions................. 11/30/2014 3/11/2019 84 FR 2449, 2/7/2019
III. Exemption from Section 42-4- 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
314, C.R.S. for Department of
Defense Personnel Participating
in the Privately Owned Vehicle
Import Control Program.
IV. Clean Screen/Remote 2/15/2013 11/21/2016 81 FR 72720, 10/21/2016
Emissions Sensing.
V. Expansion of the Enhanced 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018
Emissions Program to the North
Front Range Area.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part B, Standards and
Procedures for the Approval, Operation, Gas Span Adjustment, Calibration and Certification of the Division
Approved Test Analyzer Systems for Use in the Basic and Enhanced Areas and Test Analyzer Systems for Licensed
Dealers in the Enhanced Area
----------------------------------------------------------------------------------------------------------------
I. Approval of the Colo '94 Test 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Analyzer Systems.
II. Application for Approval of 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Colo '94 Test Analyzer Systems
Equipment Manufacturers.
III. Performance and Design 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Specification for the Colo '94
Exhaust Gas Analyzers.
IV. Span Gases For Use With 11/30/2014 3/11/2019 84 FR 2449, 2/7/2019
Colorado 94 and Colorado 97
Test Analyzer Systems.
V. Documentation, Logistics, and 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Warranty Requirements.
VI. Calibration of Colorado '94 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Test Analyzer Systems.
VII. Approval of the Colorado 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Automobile Dealers Transient
Mode Test Analyzer System.
VIII. Applications for Approval 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
of the Colorado Automobile
Dealers Transient Mode Test
Analyzer System.
IX. Approval of the Colorado On- 2/15/2013 11/21/2016 81 FR 72720, 10/21/2016
Board Diagnostic (OBD) Test
Analyzer System.
X. The Colorado On-Board 2/15/2013 11/21/2016 81 FR 72720, 10/21/2016
Diagnostics (OBD) Test Analyzer
System.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part C, Inspection Procedures
and Requirements for Exhaust Emissions, Fuel Evaporation Control, Visible Smoke Emissions, Emissions Control
Systems, On-Board Diagnostics (OBD); and Practices to Ensure Proper Emissions Related Adjustments and Repairs
----------------------------------------------------------------------------------------------------------------
I. Pre-inspection Requirements.. 2/15/2013 11/21/2016 81 FR 72720, 10/21/2016
II. Exhaust Emissions Inspection 11/30/2014, 3/11/2019 84 FR 2449, 2/7/2019 .
Procedures. 9/30/2017
III. Emissions Control Systems 2/15/2013 11/21/2016 81 FR 72720, 10/21/2016
Inspection Procedures.
IV. On-Board Diagnostic II 2/15/2013 11/21/2016 81 FR 72720, 10/21/2016
Inspection Procedures.
V. Evaporative Fuel Control 2/15/2013 11/21/2016 81 FR 72720, 10/21/2016
Inspection Procedures.
VI. Free Reinspection........... 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
VII. Repair Information......... 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
VIII. Certification of Emissions 11/30/2014 3/11/2019 84 FR 2449, 2/7/2019
Control.
IX. [Reserved]..................
X. Emissions Related Repairs.... 11/30/2014 3/11/2019 84 FR 2449, 2/7/2019
XI. Engine Changes.............. 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
XII. Clean Screen Inspection 11/30/2014 3/11/2019 84 FR 2449, 2/7/2019
Program Procedures.
----------------------------------------------------------------------------------------------------------------
[[Page 643]]
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part D, Qualification and
Licensing of Emissions Mechanics, Emissions Inspectors and Clean Screen Inspectors; Licensing of Emissions
Inspection and Readjustment Stations, Inspection-Only Stations, Inspection-Only Facilities, Fleets, Motor
Vehicle Dealer Test Facilities and Enhanced Inspection Centers; Qualification of Clean Screen Inspection Sites;
and Registration of Emissions Related Repair Facilities and Technicians
----------------------------------------------------------------------------------------------------------------
I. Licensing of Emissions 9/30/2017 3/11/2019 84 FR 2449, 2/7/2019
Inspection and Readjustment
Stations, Inspection-Only
Stations, Inspection-Only
Facilities, Enhanced Inspection
Centers, Fleet Inspection
Stations and Motor Vehicle
Dealer Test Facilities.
II. Qualification and Licensing 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
of Emission Mechanics, and
Emissions Inspectors.
III. Registration of Emissions 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Related Repair Facilities.
IV. Requirements for Clean 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Screen/Remote Sensing Sites.
V. Qualification of Clean Screen 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Emissions Inspectors.
VI. Requalification Requirements 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
for all Clean Screen Emissions
Inspectors.
VII. Transmittal of Letters of 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Qualification and Issuance of
Clean Screen Inspector Licenses.
VIII. Lapse of Certificate of 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Qualification for Clean Screen
Inspector.
IX. Program License Application 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Performance Review Criteria.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part E, Prohibited Acts and
Penalties to Ensure Proper Inspection Procedures, Adherence to Prescribed Procedures and Effective Emissions
Related Repairs
----------------------------------------------------------------------------------------------------------------
I. The Grounds Upon Which The 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
License Of An Emissions
Mechanic, Emissions Inspector
Or Any Type Of AIR Program
Inspection Business May Be
Suspended, For A Period Of Time
Not Less Than Six Months, Or
Revoked.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part F, Maximum Allowable
Emissions Limits for Motor Vehicle Exhaust, Evaporative and Visible Emissions for Light-Duty and Heavy-Duty
Vehicles
----------------------------------------------------------------------------------------------------------------
I. The Idle Short Test 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Concentration Limits For Light-
Duty Vehicles And Heavy-Duty
Trucks Specified In Sections I
(A) And II (A) Respectively Of
This Part F Are Those Necessary
To Comply With Emissions
Reductions As The Program
Matures.
II. Heavy-Duty Vehicles (1978 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
and Earlier Greater Than 6000
lbs. GVWR) Subject to Idle
Short Test(s).
III. Transient Test Mass 1/30/2006 1/22/2013 77 FR 75388, 12/20/2012
Emissions Limits In Grams/Mile
(GPM).
IV. Evaporative Emissions 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Control Standards.
V. Visible Smoke................ 2/15/2013 11/21/2016 81 FR 72720, 10/21/2016
VI. Clean Screen Program Maximum 9/30/2017 3/11/2019 84 FR 2449, 2/7/2019
Allowable Emissions Limits.
VII. On-Board Diagnostic 9/30/2017 3/11/2019 84 FR 2449, 2/7/2019
Inspection Passing Criteria.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Appendices
----------------------------------------------------------------------------------------------------------------
Appendix A, Technical 11/30/2014, 3/11/2019 84 FR 2449, 2/7/2019
Specifications. 9/30/2017
----------------------------------------------------------------------------------------------------------------
[[Page 644]]
5 CCR 1001-14, Emission Budgets for Nonattainment Areas in the State of Colorado
----------------------------------------------------------------------------------------------------------------
Budgets......................... 8/30/1995 4/30/1998 63 FR 15294, 3/31/1998
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-18, Regulation Number 16, Street Sanding Emissions
----------------------------------------------------------------------------------------------------------------
I. Street Sanding Materials 4/19/2001 10/16/2002 67 FR 58335, 9/16/2002
Specifications.
II. Street Sanding Requirements 4/19/2001 10/16/2002 67 FR 58335, 9/16/2002
Specific to the Denver PM-10
Attainment/Maintenance Area.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-20, Nonattainment-Attainment/Maintenance Areas
----------------------------------------------------------------------------------------------------------------
I. Pagosa Springs Attainment/ 5/30/2000 8/14/2001 66 FR 32556, 6/15/2001
Maintenance Area.
II. Telluride Attainment/ 5/30/2000 8/14/2001 66 FR 32556, 6/15/2001
Maintenance Area.
III. Aspen/Pitkin County PM-10 2/28/2001 7/14/2003 68 FR 26212, 5/15/2003
Attainment/Maintenance Area.
IV. Lamar Attainment/Maintenance 12/30/2001 11/25/2005 70 FR 61563, 10/25/2005
Area.
V. Canon City PM-10 12/30/1993 2/13/1995 59 FR 64332, 12/14/1994
Nonattainment Area.
VIII. Steamboat Springs PM10 11/24/2004 12/30/2001 69 FR 62210, 10/25/2004
Attainment/Maintenance Area.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved source-specific requirements.
----------------------------------------------------------------------------------------------------------------
State EPA effective
Title effective date date Final rule citation/date Comments
----------------------------------------------------------------------------------------------------------------
Long-Term Strategy Review and 8/15/1996 2/18/1997 62 FR 2305, 1/16/1997
Revision of Colorado's State
Implementation Plan for Class I
Visibility Protection: Part I:
Hayden Station Requirements.
Revision of Colorado's State 4/19/2001 8/6/2001 66 FR 35374, 7/5/2001
Implementation Plan for Class I
Visibility Protection Craig
Station Units 1 and 2
Requirements.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory provisions.
----------------------------------------------------------------------------------------------------------------
State EPA effective
Title effective date date Final rule citation/date Comments
----------------------------------------------------------------------------------------------------------------
Legislation
----------------------------------------------------------------------------------------------------------------
Concerning Air Pollution 7/1/1993 12/8/1994 59 FR 55584, 11/8/1994
Control, and, in connection
therewith, revising the Air
Program to comply with
requirements of the Federal
``Clean Air Act Amendments of
1990''.
Concerning Legislative 5/31/1995 4/30/1998 63 FR 15294, 3/31/1998
Procedures for the Approval of
State Implementation Plans and
Regulations Related to Air
Pollution.
----------------------------------------------------------------------------------------------------------------
Maintenance Plans
----------------------------------------------------------------------------------------------------------------
Aspen
----------------------------------------------------------------------------------------------------------------
Revised PM10 Maintenance Plan 12/16/2010 11/18/2013 78 FR 57496, 9/19/2013
for the Aspen Attainment/
Maintenance Area.
----------------------------------------------------------------------------------------------------------------
Canon City
----------------------------------------------------------------------------------------------------------------
PM10 Maintenance Plan for Canon 11/20/2008 9/9/2013 78 FR 41307, 7/10/2013
City.
----------------------------------------------------------------------------------------------------------------
Colorado Springs
----------------------------------------------------------------------------------------------------------------
Colorado Springs Carbon Monoxide 12/17/2009 9/30/2013 78 FR 46521, 8/1/2013
Maintenance Plan.
----------------------------------------------------------------------------------------------------------------
Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------
[[Page 645]]
1982 Denver Regional Element of 3/4/2001 10/11/2001 66 FR 47086, 9/11/2001
the State Air Quality
Implementation Plan.
Carbon Monoxide Maintenance Plan 8/30/2003 11/15/2004 69 FR 55752, 9/16/2004
for the Denver Metropolitan
Area.
Ozone Redesignation Request and 1/11/2001 10/11/2001 66 FR 47086, 9/11/2001
Maintenance Plan for the Denver
Metropolitan Area.
PM10 Redesignation Request and 4/19/2001 10/16/2002 67 FR 58335, 9/16/2002
Maintenance Plan For the Denver
Metropolitan Area.
Revision to the Colorado State 3/1/2000 1/14/2002 66 FR 64751, 12/14/2001
Implementation Plan: Concerning
the removal of the Colorado
Clean Vehicle Fleet Program
from the SIP, and the adoption
of a replacement program.
Early Action Compact Ozone 5/31/2004 9/19/2005 70 FR 48652, 8/19/2005
Action Plan.
2008 Ozone Moderate Area 1/14/2017 8/2/2018 83 FR 31068, 7/3/2018 Except RACT for
Attainment Plan. Metal Furniture
Coatings,
Miscellaneous
Metal Products
Coatings, Wood
Furniture
Manufacturing
Operations,
Industrial
Cleaning
Solvents,
Aerospace, Oil
and Natural Gas
Industry, and
major source
RACT.
----------------------------------------------------------------------------------------------------------------
Fort Collins
----------------------------------------------------------------------------------------------------------------
Revised Carbon Monoxide 12/16/2010 11/12/2013 78 FR 56164, 9/12/2013
Maintenance Plan, Fort Collins
Attainment/Maintenance Area.
----------------------------------------------------------------------------------------------------------------
Greeley
----------------------------------------------------------------------------------------------------------------
Greeley Carbon Monoxide 12/17/2009 10/1/2013 78 FR 46816, 8/2/2013
Maintenance Plan.
----------------------------------------------------------------------------------------------------------------
Lamar
----------------------------------------------------------------------------------------------------------------
PM10 Redesignation Request and 12/30/2001 11/25/2005 70 FR 61563, 10/25/2005
Maintenance Plan for the Lamar
Area.
----------------------------------------------------------------------------------------------------------------
Longmont
----------------------------------------------------------------------------------------------------------------
Revised Carbon Monoxide 3/1/2004 11/29/2004 69 FR 58264, 9/30/2004
Maintenance Plan for the
Longmont Attainment/Maintenance
Area.
----------------------------------------------------------------------------------------------------------------
Pagosa Springs
----------------------------------------------------------------------------------------------------------------
Final Revised PM10 Maintenance 11/19/2009 4/9/2014 79 FR 13256, 3/10/2014
Plan for the Pagosa Springs
Attainment/Maintenance Area.
----------------------------------------------------------------------------------------------------------------
Steamboat Springs
----------------------------------------------------------------------------------------------------------------
Revised PM10 Maintenance Plan 1/30/2012 3/23/2015 80 FR 2827, 1/21/2015
for theSteamboat Springs
Attainment/Maintenance Area.
----------------------------------------------------------------------------------------------------------------
Telluride
----------------------------------------------------------------------------------------------------------------
Revised PM10 Attainment/ 11/19/2009 3/13/2014 79 FR 8090, 2/11/2014
Maintenance Plan Telluride
Attainment/Maintenance Area.
----------------------------------------------------------------------------------------------------------------
[[Page 646]]
Local Ordinances/Resolutions
----------------------------------------------------------------------------------------------------------------
Adopting the Fort Collins Better 9/5/1989 6/17/1991 56 FR 15499, 4/17/1991
Air Campaign for Inclusion in
the Fort Collins Element of the
State Implementation Plan for
Air Quality.
----------------------------------------------------------------------------------------------------------------
Visibility
----------------------------------------------------------------------------------------------------------------
State Implementation Plan for 11/19/1987 10/11/1988 53 FR 30428, 8/12/1988
Class I Visibility Protection,
State of Colorado.
Long-Term Strategy Review and 11/18/2004 12/4/2006 71 FR 64465, 11/2/2006
Revision of Colorado's State
Implementation Plan for Class I
Visibility Protection, Part II:
Revision of the Long-Term
Strategy.
----------------------------------------------------------------------------------------------------------------
[80 FR 58209, Sept. 28, 2015, as amended at 81 FR 3966, Jan. 25, 2016;
81 FR 21468, Apr. 12, 2016; 81 FR 72722, Oct. 21, 2016; 82 FR 47382,
Oct. 12, 2017; 83 FR 14758, Apr. 6, 2018; 83 FR 31071, July 3, 2018; 83
FR 31333, July 5, 2018; 84 FR 2451, Feb. 7, 2019; 84 FR 18992, May 3,
2019]
Sec. 52.321 Classification of regions.
The revised Denver Emergency Episode Plan, adopted by the State of
Colorado February 28, 1996, was submitted by the Governor of Colorado
with a September 16, 1997 letter.
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Pawnee Intrastate......................................... I III III III III
Metropolitan Denver Intrastate............................ I III III I I
Comanche Intrastate....................................... III III III III III
San Isabel Intrastate..................................... I III III III III
San Luis Intrastate....................................... III III III III III
Four Corners Interstate................................... IA IA III III III
Grand Mesa Intrastate..................................... III III III III III
Yampa Intrastate.......................................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 44
FR 57409, Oct. 5, 1979; 74 FR 47891, Sept. 18, 2009]
Sec. 52.322 Extensions.
The Administrator, by authority delegated under section 188(d) of
the Clean Air Act, as amended in 1990, extends for one year (until
December 31, 1995) the attainment date for the Denver, Colorado, PM-10
nonattainment area.
[60 FR 52315, Oct. 6, 1995]
Sec. 52.323 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Colorado's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisfies all requirements of Part
D, Title 1, of the Clean Air Act as amended in 1977, except as noted
below.
(b)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in this subpart apply to stationary sources of
greenhouse gas (GHGs) emissions, the Administrator approves that
application only to the extent that GHGs are ``subject to regulation'',
as provided in this paragraph (b), and the Administrator takes no action
on that application to the extent that GHGs are not ``subject to
regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and
[[Page 647]]
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 paragraphs
I.A.2. through I.A.3, and I.B of Part D of Colorado's Air Quality
Commission's Regulation Number 3) and a significant net emissions
increase (as defined in paragraphs II.A.26 and II.A.42.a of Part D of
Colorado's Air Quality Commission's Regulation Number 3) occur. For the
pollutant GHGs, an emissions increase shall be based on tpy
CO2e, and shall be calculated assuming the pollutant GHGs is
a regulated NSR pollutant, and ``significant'' is defined as 75,000 tpy
CO2e instead of applying the value in paragraph II.A.42.b of
Part D of Colorado's Air Quality Commission's Regulation Number 3.
[75 FR 82553, Dec. 30, 2010]
Sec. 52.324 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met
since the State lacks the authority to require owners or operators of
stationary sources to install, maintain, and use emission monitoring
devices and to make periodic reports to the State on the nature and
amounts of emissions from such stationary sources.
(b) Delegation of authority: Pursuant to section 114 of the Act,
Colorado requested a delegation of authority to enable it to require
sources to install and maintain monitoring equipment and to report
periodically on the nature and amount of their emissions. The
Administrator has determined that Colorado is qualified to receive a
delegation of the authority it requested. Accordingly, the Administrator
delegates to Colorado his authority under section 114(a)(1)(B) and (C)
of the Act, i.e., authorityto require sources within the State of
Colorado to install and maintain monitoring equipment and to report
periodically on the nature and amount of their emissions.
[37 FR 10855, May 31, 1972, as amended at 46 FR 24182, Apr. 30, 1981; 51
FR 40676, Nov. 7, 1986; 62 FR 2914, Jan. 21, 1997]
Sec. 52.325 [Reserved]
Sec. 52.326 Area-wide nitrogen oxides (NOX) exemptions.
The Denver Regional Council of Governments (DRCOG) submitted a
NOX exemption petition to the EPA on May 25, 1994 and
submitted supporting documentation via a letter dated August 1, 1994.
This petition requested that the Denver metropolitan area, a
transitional ozone nonattainment area, be exempted from the requirement
to meet the NOX provisions of the Federal transportation and
general conformity rule with respect to ozone. The exemption request was
based on monitoring
[[Page 648]]
data which demonstrated that the National Ambient Air Quality Standard
for ozone had been attained in this area for the 3 years prior to the
petition. The EPA approved this exemption request on July 28, 1995.
[60 FR 40291, Aug. 8, 1995]
Sec. Sec. 52.327-52.328 [Reserved]
Sec. 52.329 Rules and regulations.
(a) On January 14, 1993, the Governor of Colorado submitted
revisions to the State's nonattainment new source review permitting
regulations to bring the State's regulations up to date with the 1990
Amendments to the Clean Air Act. With these revisions, the State's
regulations satisfy the part D new source review permitting requirements
for the following nonattainment areas: the Canon City, Lamar, Pagosa
Springs, Aspen, Telluride, and Steamboat Springs moderate
PM10 nonattainment areas, the Denver/Metro Boulder, Longmont,
Colorado Springs, and Fort Collins moderate carbon monoxide
nonattainment areas, the Greeley not classified carbon monoxide
nonattainment area, and the Denver transitional ozone nonattainment
area.
(b) On January 14, 1993 and on August 25, 1994, the Governor of
Colorado submitted revisions to the State's nonattainment new source
review permitting regulations to bring the State's regulations up to
date with the 1990 Amendments to the Clean Air Act. With these
revisions, the State's regulations satisfy the part D new source review
permitting requirements for the Denver metropolitan moderate PM-10
nonattainment area.
(c) A revision to the State Implementation Plan was submitted by the
State of Colorado on July 31, 2002. The submittal revises the Common
Provisions regulation by adding affirmative defense provisions for
source owners and operators for excess emissions during periods of
startup and shutdown. The affirmative defense provisions are contained
in section II.J. As indicated in 40 CFR 52.320(c)(109), EPA approved the
affirmative defense provisions contained in sections II.J.1 through
II.J.4 of the Common Provisions regulation, adopted August 16, 2001 and
effective September 30, 2001. Section II.J.5 of the Common Provisions
regulation, adopted August 16, 2001 and effective September 30, 2001, is
disapproved.
(d) On August 7, 2007, the Colorado submitted two packages with
revisions to Colorado's Regulation 3 Regulation, 5 CCR 1001-5, Part A.
One change adopts language to treat nitrogen dioxide as an ozone
precursor. The State also adopted an increase in fees used to pay for
the State's increased workload from the processing of Air Pollutant
Emission Notices (APENs) and permits. Annual and permit processing fees
shall be $16.54 for regulated pollutants and $114.96 for Hazardous Air
Pollutants. One grammatical change was made to the text of Part A,
Section 1.B.9.d:
(1) Regulation 3, 5 CCR 1001-5, Air Contaminant Emissions Notices,
Part A, Concerning General Provisions Applicable to Reporting and
Permitting, Section I, Applicability, Section I.B.9.d, Applicable
Requirement, effective October 2006: Any standard or other requirement
under section 112 of the Federal Act (hazardous air pollutants,
including any requirement concerning accident prevention under section
112(r)(7) of the Federal Act) (Regulation No. 8) but not including the
contents of any risk management plan required under section 112(r) of
the Federal Act.
(2) Regulation 3, 5 CCR 1001-5, Air Contaminant Emissions Notices,
Part A, Concerning General Provisions Applicable to Reporting and
Permitting, Section I, Applicability, Section I.B.16, Criteria
Pollutants, effective October 2006:
(i) Those pollutants for which the U.S. EPA has established national
ambient air quality standards, including: carbon monoxide, nitrogen
dioxide (direct emissions and as a precursor to ozone), sulfur dioxide,
PM10, total suspended particulate matter, ozone, volatile organic
compounds (as a precursor to ozone), and lead.
(ii) For the purpose of Air Pollutant Emission Notice reporting,
criteria pollutants shall also include nitrogen oxides, fluorides,
sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced
sulfur compounds, municipal waste combustor organics, municipal
[[Page 649]]
waste combustor metals, and municipal waste combustor acid gases.
(3) Regulation 3, 5 CCR 1001-5, Air Contaminant Emissions Notices,
Part A, Concerning General Provisions Applicable to Reporting and
Permitting, Section VI Fees; Section VI.D.1, Fee Schedule, effective
February 2007: Annual and permit processing fees shall be charged in
accordance with and in the amounts specified in the provisions of
Colorado Revised Statues section 25-7-114.7. Annual fees for regulated
pollutants shall be $16.54. Annual fees for hazardous air pollutants
shall be $114.96.
(e) The State of Colorado submitted revisions on September 16, 1997,
June 20, 2003, July 11, 2005, August 8, 2006 and August 1, 2007 to
Colorado's 5 CCR 1001-5 Regulation Number 3, Part A, Section II. One of
the revisions deleted two provisions from Section II and moved them to
Section I of Regulation Number 3, Part A. The revised regulatory
provisions read as follows:
(1) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, Section I,
Applicability, Section I.B.16, Criteria Pollutants,; effective June 30,
2004:
(i) Those pollutants for which the U.S. EPA has established national
ambient air quality standards, including: carbon monoxide, nitrogen
dioxide, sulfur dioxide, PM10, total suspended particulate
matter, ozone, volatile organic compounds (as a precursor to ozone), and
lead. For the purposes of Air Pollutant Emission Notice reporting,
criteria pollutants shall also include nitrogen oxides, fluorides,
sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced
sulfur compounds, municipal waste combustor organics, municipal waste
combustor metals, and municipal waste combustor acid gases.
(2) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, Section I,
Applicability, Section I.B.43, Uncontrolled Actual Emissions; effective
June 30, 2004:
(i) The annual emission rate corresponding to the annual process
rate listed on the Air Pollutant Emission Notice form, without
consideration of any emission control equipment or procedures. The
division may allow a source to forego calculating or estimating its
uncontrolled actual emissions of hazardous air pollutants upon a showing
by the source and a determination by the division that the creation of
such data is unreasonably costly, technically impractical or not
reasonably related to information necessary for making regulatory
decisions with respect to that source. The division's final
determination may be appealed to the commission by the source.
(f) On August 8, 2006, Dennis E. Ellis, Executive Director of the
Colorado Department of Public Health and Environment, and on behalf of
the Governor, submitted revisions to 5 CCR 1001-13, Colorado's
Regulation Number 11--Motor Vehicle Emissions Inspection Program, part
F, section III.A.2. These revisions removed from Colorado's Regulation
Number 11 the light duty vehicle emission testing limits that went into
effect on January 1, 2006 for 1996 and newer model year vehicles. These
revisions were adopted on November 17, 2005, and became state-effective
on January 30, 2006. The revised version of section III.A.2, as approved
by EPA, reads as follows:
(1) The following emissions standards shall apply to those tests
performed on model year 1996 and newer vehicles, on and after January 1,
of the dates specified:
------------------------------------------------------------------------
Calendar year HC CO NOX
------------------------------------------------------------------------
2002............................................... 1.2 20 3.0
2003............................................... 1.2 20 3.0
------------------------------------------------------------------------
[59 FR 64336, Dec. 14, 1994, as amended at 62 FR 2914, Jan. 21, 1997; 62
FR 68195, Dec. 31, 1997; 71 FR 8961, Feb. 22, 2006; 76 FR 51905, Aug.
19, 2011; 76 FR 61056, Oct. 3, 2011; 77 FR 75390, Dec. 20, 2012]
Sec. 52.330 Control strategy: Total suspended particulates.
(a) Part D--Conditional Approval: The Pueblo plan is approved
assuming the State demonstrates by December 31, 1981, through air
quality modeling, attainment of the 24-hour and annual standards, while
considering emissions from all sources in the nonattainment
[[Page 650]]
area. In addition, the State must repromulgate Regulation No. 1 to
satisfy reasonably available control technology requirements in
accordance with the following schedule:
(1) The Commission will consider and adopt for public hearing any
changes or additions to Regulation No. 1 by February 15, 1981.
(2) The proposed regulations will be published in the Colorado
Register by March 10, 1981.
(3) Public hearing will be held by May 14, 1981.
(4) Regulations will be approved with an effective date no later
than July 1, 1981, and submitted to EPA by the same date.
[46 FR 26302, May 12, 1981]
Sec. 52.331 Committal SIP for the Colorado Group II PM [bdi1][bdi0] areas.
On April 14, 1989, the Governor submitted a Committal SIP for the
Colorado Group II PM10 areas. The SIP commits the State to
continue to monitor for PM10, report data and to submit a
full SIP if a violation of the PM10 National Ambient Air
Quality Standards is detected.
[54 FR 43178, Oct. 23, 1989]
Sec. 52.332 Control strategy: Particulate matter.
(a) On April 9, 1992, the Governor of Colorado submitted the
moderate PM-10 nonattainment area plan for the Canon City area. The
submittal was made to satisfy those moderate PM-10 nonattainment area
SIP requirements which were due for Canon City on November 15, 1991.
(b)(1) On February 24, 1992, and December 9, 1993, the Governor of
Colorado submitted the moderate PM-10 nonattainment area plan for the
Pagosa Springs area. The submittal was made to satisfy those moderate
PM-10 nonattainment area SIP requirements which were due for Pagosa
Springs on November 15, 1991.
(2) On August 2, 1996, the Governor of Colorado submitted minor
revisions to the Pagosa Springs Element of the Colorado PM-10 SIP.
(c) On May 27, 1993, the Governor of Colorado submitted the moderate
PM-10 nonattainment area plan for the Lamar area. The submittal was made
to satisfy those moderate PM-10 nonattainment area SIP requirements
which were due for Lamar on November 15, 1991.
(d) On December 9, 1993, the Governor of Colorado submitted
PM10 contingency measures for the moderate PM10
nonattainment areas of Canon City, Lamar, and Pagosa Springs. The
submittal was made to satisfy the moderate PM10 nonattainment
area requirements for contingency measures due for Canon City, Lamar,
and Pagosa Springs on November 15, 1993.
(e)(1) On January 15, 1992, March 17, 1993, and December 9, 1993,
the Governor of Colorado submitted the moderate PM-10 nonattainment area
plan for the Aspen area. The submittals were made to satisfy those
moderate PM-10 nonattainment area SIP requirements which were due for
Aspen on November 15, 1991. The December 9, 1993 submittal was also made
to satisfy the PM-10 contingency measure requirements which were due for
Aspen on November 15, 1993.
(2) On March 13, 1995, the Governor of Colorado submitted minor
revisions to the Aspen Element of the Colorado PM-10 SIP.
(f) On March 30, 1995, and November 17, 1995, the Governor of
Colorado submitted the moderate PM10 nonattainment area plan
for the Denver area. The March 30, 1995 submittal was made to satisfy
those moderate PM10 nonattainment area SIP requirements due
for the Denver PM10 nonattainment area on November 15, 1991.
The November 17, 1995 submittal was also made to satisfy the
PM10 contingency measure requirements which were due for
Denver on November 15, 1993.
(g) On March 17, 1993, December 9, 1993, and April 22, 1996, the
Governor of Colorado submitted the moderate PM10
nonattainment area plan for Telluride. The submittals were made to
satisfy those moderate PM10 nonattainment area SIP
requirements which were due for Telluride on November 15, 1991. The
December 9, 1993 submittal was also made to satisfy the PM10
contingency measure requirements which were due for Telluride on
November 15, 1993.
[[Page 651]]
(h) On September 16, 1997 the Governor of Colorado submitted the
moderate PM10 nonattainment area plan for Steamboat Springs.
The submittal was made to satisfy those moderate PM10
nonattainment area SIP requirements which were due for Steamboat Springs
on July 20, 1995.
(i) On September 22, 1997, the State of Colorado submitted a
maintenance plan for the Canon City PM10 nonattainment area and
requested that the area be redesignated to attainment for the PM10
National Ambient Air Quality Standards. An April 24, 2000 letter from
Margie Perkins, Director, Colorado Air Pollution Control Division, to
Richard Long, Director, EPA Region VIII Air and Radiation Program, was
sent to clarify the requirements of the contingency plan section of the
Canon City maintenance plan. The redesignation request and maintenance
plan satisfy all applicable requirements of the Clean Air Act.
(j) On May 10, 2000, the State of Colorado submitted maintenance
plans for the Telluride and Pagosa Springs PM10 nonattainment
areas and requested that these areas be redesignated to attainment for
the PM10 National Ambient Air Quality Standards. The
redesignation requests and maintenance plans satisfy all applicable
requirements of the Clean Air Act.
(k) Determination--EPA has determined that the Steamboat Springs
PM10 ``moderate'' nonattainment area attained the
PM10 national ambient air quality standard by December 31,
2000. This determination is based on air quality monitoring data from
1998, 1999, and 2000.
(l) On July 30, 2001, the State of Colorado submitted a maintenance
plan for the Denver PM10 nonattainment area (``PM-10
Redesignation Request and Maintenance Plan For the Denver Metropolitan
Area,'' Chapter 4: ``Maintenance Plan,'' adopted April 19, 2001 by the
Colorado Air Quality Control Commission and effective April 19, 2001)
and requested that the area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfy all applicable
requirements of the Clean Air Act.
(m) On November 9, 2001, the State of Colorado submitted a
maintenance plan for the Aspen PM10 nonattainment area and
requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfy all applicable
requirements of the Clean Air Act.
(n) On July 31, 2002, the State of Colorado submitted a maintenance
plan for the Steamboat Springs PM10 nonattainment area and
requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfies all applicable
requirements of the Clean Air Act.
(o) On July 31, 2002, the State of Colorado submitted a maintenance
plan for the Lamar PM10 nonattainment area and requested that
this area be redesignated to attainment for the PM10 National
Ambient Air Quality Standards. The redesignation request and maintenance
plan satisfy all applicable requirements of the Clean Air Act.
(p) Revisions to the Colorado State Implementation Plan, PM10
Revised Maintenance Plan for Denver, as adopted by the Colorado Air
Quality Control Commission on December 15, 2005, State effective on
March 2, 2006, and submitted by the Governor's designee on September 25,
2006. The revised maintenance plan satisfies all applicable requirements
of the Clean Air Act.
(q) Revisions to the Colorado State Implementation Plan,
PM10 Revised Maintenance Plan for Ca[ntilde]on City, as
adopted by the Colorado Air Quality Control Commission on November 20,
2008, State effective on December 30, 2008, and submitted by the
Governor's designee on June 18, 2009. The revised maintenance plan
satisfies all applicable requirements of the Clean Air Act.
(r) Revisions to the Colorado State Implementation Plan,
PM10 Revised Maintenance Plan for Aspen, as adopted by the
Colorado Air Quality Control Commission on December 16, 2010, State
effective on March 1, 2011, and submitted by the Governor's designee on
May 25, 2011. The revised maintenance plan satisfies all applicable
requirements of the Clean Air Act.
[[Page 652]]
(s) Revisions to the Colorado State Implementation Plan,
PM10 Revised Maintenance Plan for Telluride, as adopted by
the Colorado Air Quality Control Commission on November 19, 2009, State
effective on December 30, 2009, and submitted by the Governor's designee
on March 31, 2010. The revised maintenance plan satisfies all applicable
requirements of the Clean Air Act.
(t) Revisions to the Colorado State Implementation Plan, Final
Revised PM10 Maintenance Plan for the Pagosa Springs
Attainment/Maintenance Area, as adopted by the Colorado Air Quality
Control Commission on November 19, 2009, and submitted by the Governor's
designee on March 31, 2010. The revised maintenance plan satisfies all
applicable requirements of the Clean Air Act.
(u) Revisions to the Colorado State Implementation Plan,
PM10 Revised Maintenance Plan for Steamboat Springs, as
adopted by the Colorado Air Quality Control Commission on December 15,
2011, State effective on January 30, 2012, and submitted by the
Governor's designee on May 11, 2012. The revised maintenance plan
satisfies all applicable requirements of the Clean Air Act.
[58 FR 68038, Dec. 23, 1993]
Editorial Note: For Federal Register citations affecting Sec.
52.332, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. Sec. 52.333-52.342 [Reserved]
Sec. 52.343 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met for the following categories of sources for preventing
the significant deterioration of air quality:
(1) Sources locating on Indian lands.
(2) Sources locating on Indian Reservations.
(3) Sources which constructed prior to September 2, 1986 and which
have not otherwise subjected themselves to Colorado's PSD permitting
regulations after September 2, 1986, either through application to
Colorado for a PSD permit (in the case of those sources which improperly
constructed without obtaining a PSD permit) or through application to
Colorado for a major modification to the source.
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
hereby incorporated and made a part of the applicable State plan for the
State of Colorado for the sources identified in paragraph (a) of this
section as not meeting the requirements of sections 160-165 of the Clean
Air Act.
(c) The State of Colorado has clarified the generalized language
contained in the Colorado Air Quality Control Regulations on the use of
``applicable air quality models.'' In a letter to Douglas M. Skie, EPA,
dated May 19, 1989, Bradley J. Beckham, Director of the Air Pollution
Control Division stated:
* * * All PSD permits reviewed by the Division will use the revised
modeling guideline mentioned above [Guideline on Air Quality Models
(Revised), EPA 450/2-78-027R including Supplement A (July 1987)] for
determining if the air quality models, data bases, and other
requirements are generally approved by EPA. Any future revisions
(including appendices or supplement) will be incorporated into the
Division's protocol for reviewing modeling for PSD permits.
[51 FR 31126, Sept. 2, 1986, and 52 FR 4622, Feb. 13, 1987, as amended
at 52 FR 22638, June 15, 1987; 54 FR 27881, July 3, 1989; 57 FR 27000,
June 17, 1992; 59 FR 42506, Aug. 18, 1994; 62 FR 2914, Jan. 21, 1997; 62
FR 13336, Mar. 20, 1997; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec.
24, 2003]
Sec. 52.344 Visibility protection.
(a) A revision to the SIP was submitted by the Governor on December
21, 1987, for visibility general plan requirements, monitoring, and
long-term strategies.
(b) The Visibility NSR regulations are approved for industrial
source categories regulated by the NSR and PSD regulations which have
previously been approved by EPA. However, Colorado's NSR and PSD
regulations have been disapproved for certain sources as listed in 40
CFR 52.343(a)(1). The provisions of 40 CFR 52.28 are hereby incorporated
and made a part of the applicable plan
[[Page 653]]
for the State of Colorado for these sources.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
53 FR 30431, Aug. 12, 1988; 53 FR 48539, Dec. 1, 1988; 59 FR 51379, Oct.
11, 1994; 82 FR 3129, Jan. 10, 2017]
Sec. 52.345 Stack height regulations.
The State of Colorado has committed to revise its stack height
regulations should EPA complete rulemaking to respond to the decision in
NRDC v. Thomas, 838 F. 2d 1224 (DC Cir. 1988). In a letter to Mr.
Douglas M. Skie, EPA, dated May 9, 1988, Bradley J. Beckham, Director of
the Colorado Air Pollution Control Division stated:
* * * We are submitting this letter to allow EPA to continue to
process our current SIP submittal with the understanding that if EPA's
response to the NRDC remand modified the July 8, 1985, regulations, EPA
will notify the state of the rules that must be changed to comply with
the EPA's modified requirements. The State of Colorado agrees to make
appropriate changes.
[54 FR 24340, June 7, 1989]
Sec. 52.346 Air quality monitoring requirements.
In a letter and submittal dated July 7, 1993, from the Governor of
Colorado to the EPA Region VIII Administrator, the State submitted a
revised Air Quality Monitoring State Implementation Plan. The plan was
adopted by the State on March 18, 1993, and completely replaces the
previous version of the Air Quality Monitoring plan as identified at 40
CFR 52.320 (c)(17). The revisions updated the plan to bring it into
conformance with the Federal requirements for air quality monitoring as
found in 40 CFR part 58. The State commits to meet these Federal
requirements.
[58 FR 49435, Sept. 23, 1993]
Sec. 52.347 [Reserved]
Sec. 52.348 Emission inventories.
(a) The Governor of the State of Colorado submitted the 1990 carbon
monoxide base year emission inventories for the Colorado Springs,
Denver/Longmont, and Fort Collins nonattainment areas on December 31,
1992, as a revision to the State Implementation Plan (SIP). The Governor
submitted revisions to the Colorado Springs and Fort Collins inventories
by a letter dated March 23, 1995. The Governor submitted revisions to
the Denver/Longmont inventory by letters dated July 11, 1994, and
October 21, 1994. The inventories address emissions from point, area,
on-road mobile, and non-road sources. These 1990 base year carbon
monoxide inventories satisfy the requirements of section 187(a)(1) of
the Clean Air Act for each of these nonattainment areas.
(b) On September 16, 1997, the Governor of Colorado submitted the
1993 Carbon Monoxide Periodic Emission Inventories for Colorado Springs,
Denver, Fort Collins, and Longmont as revisions to the Colorado State
Implementation Plan. These inventories address carbon monoxide emissions
from stationary point, area, non-road mobile, and on-road mobile
sources.
(c) On September 16, 1997, the Governor of Colorado submitted the
1990 Carbon Monoxide Base Year Emission Inventory for Greeley as a
revision to the Colorado State Implementation Plan. This inventory
addresses carbon monoxide emissions from stationary point, area, non-
road, and on-road mobile sources.
(d) On May 10, 2000, the Governor of Colorado submitted the 1996
Carbon Monoxide Periodic Emission Inventories for Denver and Fort
Collins, as a revision to the Colorado State Implementation Plan. The
inventories address carbon monoxide emissions from stationary point,
area, non-road mobile, and on-road mobile sources.
[61 FR 67469, Dec. 23, 1996, as amended at 63 FR 38089, July 15, 1998;
64 FR 11782, Mar. 10, 1999; 65 FR 63548, Oct. 24, 2000]
Sec. 52.349 Control strategy: Carbon monoxide.
(a) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Greeley, as
adopted by the Colorado Air Quality Control Commission on September 19,
1996, State effective November 30, 1996, and submitted by the Governor
on September 16, 1997.
(b) On June 25, 1996, the Governor of Colorado submitted a revision
to the Colorado Springs element of the carbon
[[Page 654]]
monoxide (CO) portion of the Colorado State Implementation Plan (SIP).
The revision to the Colorado Springs element was submitted to satisfy
certain requirements of part D and section 110 of the Clean Air Act
(CAA) as amended 1990. The revision substitutes Colorado's oxygenated
gasoline program for the Colorado Springs bus purchase program as a
source of emissions reductions credits in the Colorado Springs CO
element of the SIP. This revision removes the bus purchase program from
the EPA-approved SIP. EPA originally approved the bus purchase program
as part of the Colorado Springs CO element of the SIP on December 12,
1983 (48 FR 55284).
(c) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Colorado
Springs, as adopted by the Colorado Air Quality Control Commission on
January 15, 1998, State effective March 30, 1998, and submitted by the
Governor on August 19, 1998. The Maintenance Plan removes the Clean Air
Campaign from the SIP. The Clean Air Campaign was approved into the SIP
at 40 CFR 52.320(c)(43)(i)(A).
(d) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Longmont, as
adopted by the Colorado Air Quality Control Commission on December 18,
1997, State effective March 2, 1998, and submitted by the Governor on
August 19, 1998.
(e) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Revised Maintenance Plan for Colorado Springs, as adopted by
the Colorado Air Quality Control Commission on February 17, 2000, State
effective April 30, 2000, and submitted by the Governor on May 10, 2000.
(f) Determination. EPA has determined that the Denver carbon
monoxide ``serious'' nonattainment area attained the carbon monoxide
national ambient air quality standard by December 31, 2000. This
determination is based on air quality monitoring data from 1998, 1999,
and 2000.
(g) Revisions to the Colorado State Implementation Plan, carbon
monoxide NAAQS Redesignation Request and Maintenance Plan for Denver
entitled ``Carbon Monoxide Redesignation Request and Maintenance Plan
for the Denver Metropolitan Area, ``excluding Chapter 1, Chapter 2, and
Appendix C, as adopted by the Colorado Air Quality Control Commission on
January 10, 2000, State effective March 1, 2000, and submitted by the
Governor on May 10, 2000.
(h) Revisions to the Colorado State Implementation Plan, carbon
monoxide NAAQS Redesignation Request and Maintenance Plan for Fort
Collins entitled ``Carbon Monoxide Redesignation Request and Maintenance
Plan for the Fort Collins Area,'' excluding Part I--Chapter 1 and Part
I--Chapter 2, as adopted by the Colorado Air Quality Control Commission
on July 18, 2002, State effective September 30, 2002, and submitted by
the Governor on August 9, 2002.
(i) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Denver, as adopted by the Colorado
Air Quality Control Commission on June 19, 2003, State effective on
August 30, 2003, and submitted by the Governor on October 15, 2003.
(j) Revisions to the Colorado State Implementation Plan, carbon
monoxide NAAQS, revised maintenance plan for Colorado Springs entitled
``Revised Carbon Monoxide Maintenance Plan for the Colorado Springs
Attainment/Maintenance Area'', as adopted by the Colorado Air Quality
Control Commission on December 18, 2003, State effective March 1, 2004,
and submitted by the Governor on April 12, 2004.
(k) Revisions to the Colorado State Implementation Plan, carbon
monoxide NAAQS, revised maintenance plan for Longmont entitled ``Revised
Carbon Monoxide Maintenance Plan for the Longmont Attainment/Maintenance
Area'', as adopted by the Colorado Air Quality Control Commission on
December 18, 2003, State effective March 1, 2004, and submitted by the
Governor on April 12, 2004.
(l) Revisions to the Colorado State Implementation Plan entitled
``Revised Carbon Monoxide Maintenance Plan for the Greeley Attainment/
Maintenance Area,'' as adopted by the Colorado Air
[[Page 655]]
Quality Control Commission on December 19, 2002, and submitted by the
Governor on June 20, 2003.
(m) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Denver, as adopted by the Colorado
Air Quality Control Commission on December 15, 2005, State effective on
March 2, 2006, and submitted by the Governor's designee on September 25,
2006.
(n) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Longmont, as adopted by the
Colorado Air Quality Control Commission on December 15, 2005, State
effective on March 2, 2006, and submitted by the Governor's designee on
September 25, 2006.
(o) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Colorado Springs, as adopted by the
Colorado Air Quality Control Commission on December 17, 2009 and
submitted by the Governor's designee on March 31, 2010.
(p) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Greeley, as adopted by the Colorado
Air Quality Control Commission on December 17, 2009 and submitted by the
Governor's designee on March 31, 2010.
(q) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Fort Collins, as adopted by the
Colorado Air Quality Control Commission on December 16, 2010 and
submitted by the Governor's designee on May 25, 2011.
[64 FR 11782, Mar. 10, 1999]
Editorial Note: For Federal Register citations affecting Sec.
52.349, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.350 Control strategy: Ozone.
(a) Revisions to the Colorado State Implementation Plan, 1-hour
ozone NAAQS Redesignation Request and Maintenance Plan for Denver
entitled ``Ozone Redesignation Request and Maintenance Plan for the
Denver Metropolitan Area,'excluding Chapter 1 and Appendix B, as adopted
by the Colorado Air Quality Control Commission on January 11, 2001,
State effective March 4, 2001, and submitted by the Governor on May 7,
2001.
(b) Revisions to the Colorado State Implementation Plan, 8-hour
ozone NAAQS Early Action Compact plan for the metropolitan Denver area
entitled ``Early Action Compact Ozone Action Plan,'' excluding sections
entitled ``Introduction'' and ``Ozone Monitoring Information,'' as
adopted by the Colorado Air Quality Control Commission on March 12,
2004, and submitted by the Governor to us on July 21, 2004.
(c) Revisions to the Colorado State Implementation Plan for the 1997
8-hour ozone NAAQS entitled ``Denver Metro Area & North Front Range 8-
Hour Ozone Attainment Plan,'' excluding the last paragraph on page IV-1,
the first paragraph on page IV-2, the words ``federally enforceable'' in
the second to last paragraph on page V-6, and the reference to
Attachment A in the Table of Contents and on page IV-3, as adopted by
the Colorado Air Quality Control Commission on December 12, 2008, and
submitted by the Governor to EPA on June 18, 2009.
[66 FR 47092, Sept. 11, 2001, as amended at 70 FR 48654, Aug. 19, 2005;
76 FR 47451, Aug. 5, 2011]
Sec. 52.351 United States Postal Service substitute Clean Fuel Fleet Program.
Revisions to the Colorado State Implementation Plan, carbon monoxide
NAAQS, United States Postal Service substitute clean-fuel vehicle
program, as allowed under section 182(c)(4)(B) of the Clean Air Act, to
address the requirements of section 246 of the Clean Air Act for the
Denver Metropolitan carbon monoxide nonattainment area. The revisions
were adopted by the Colorado Air Quality Control Commission on March 16,
2000, State effective May 30, 2000, and submitted by the Governor on May
7, 2001. Administrative corrections to the Governor's May 7, 2001,
submittal were submitted by the Colorado Attorney General's office on
May 30, 2001.
[66 FR 64758, Dec. 14, 2001]
[[Page 656]]
Sec. 52.352 Interstate transport.
(a) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport regarding the 1997 8-Hour Ozone Standard
for the ``significant contribution,'' the ``interference with
maintenance'' requirements, and the addition of ``interference with
visibility protection'' requirements regarding the 1997 8-Hour Ozone and
PM2.5 Standards, submitted by the Governor's designee on June
18, 2009 and March 31, 2010.
(b) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport SIP regarding the 1997 8-Hour Ozone and
1997 PM2.5 Standards for the ``interference with prevention
of significant deterioration'' requirement, and the addition of the
``significant contribution'' and ``interference with maintenance''
requirements regarding the 1997 PM2.5 Standards, submitted by
the Governor's designee on March 31, 2010.
(c) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport SIP regarding 2006 PM2.5
Standards for all four of the CAA section 110(a)(2)(D)(i) requirements
submitted by the Governor's designee on May 11, 2012.
(d) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport SIP regarding 2008 Ozone Standards for
both of the CAA section 110(a)(2)(D)(i)(I) requirements submitted to EPA
on December 31, 2012.
(e) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport SIP regarding 2012 PM2.5
Standards, submitted to EPA on December 1, 2015, for both elements of
CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS.
(f) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport SIP regarding 2010 Standards, submitted to
EPA on July 17, 2013, and February 16, 2018, for both elements of CAA
section 110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS.
[77 FR 1039, Jan. 9, 2012, as amended at 80 FR 47864, Aug. 10, 2015; 81
FR 7708, Feb. 16, 2016; 83 FR 31329, July 5, 2018; 83 FR 44503, Aug. 31,
2018]
Sec. 52.353 Section 110(a)(2) infrastructure requirements.
(a) On January 7, 2008, James B. Martin, Executive Director of the
Colorado Department of Public Health and Environment for the state of
Colorado, submitted a certification letter which provides the state of
Colorado's SIP provisions for meeting the requirements of CAA Section
110(a)(1) and (2) relevant to the 1997 8-hour ozone NAAQS. The State's
1997 Ozone Infrastructure SIP is approved with respect to the
requirements of the following elements of section 110(a)(2) of the CAA
for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
(b) On April 4, 2008 James B. Martin, Executive Director, Colorado
Department of Public Health and Environment, provided a submission to
meet the infrastructure requirements for the State of Colorado for the
1997 PM2.5 NAAQS. On June 4, 2010, Martha E. Rudolph,
Executive Director, Colorado Department of Public Health and
Environment, provided a submission to meet the infrastructure
requirements for the State of Colorado for the 2006 PM2.5
NAAQS. The State's Infrastructure SIP is approved with respect to the
1997 and 2006 PM2.5 NAAQS with respect to section (110)(a)(1)
and the following elements of section (110)(a)(2): (A), (B), (C) with
respect to PSD and minor NSR requirements, (E), (F), (G), (H), (J) with
respect to PSD requirements and the requirements of sections 121 and 127
of the Act, (K), (L), and (M).
(c) The Colorado Department of Public Health and Environment
provided submissions to meet infrastructure requirements for the State
of Colorado for the 2008 ozone, 2008 lead, and 2010 NO2 NAAQS
were received on December 31, 2012, July 26, 2012, and March 7, 2013,
respectively. The State's Infrastructure SIP is approved with respect to
the 2008 ozone, 2008 lead, and 2010 NO2 NAAQS with respect to
section (110)(a)(1) and the following elements of section (110)(a)(2):
(A), (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);
(B) for the 2008 Pb and 2008 ozone NAAQS and conditional approval of (B)
for the 2010 NO2 NAAQS; and D(i)(I) elements 1
[[Page 657]]
and 2 for the 2008 Pb and 2010 NO2 NAAQS.
(d) The Colorado Department of Public Health and Environment
provided submissions to meet infrastructure requirements for the State
of Colorado for the 2010 SO2 and 2012 PM2.5 NAAQS
were received on July 10, 2013 and December 1, 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 21452, Apr. 10, 2012, as amended at 78 FR 58188, Sept. 23, 2013;
80 FR 50206, Aug. 19, 2015; 82 FR 39031, Aug. 17, 2017]
Sec. 52.354 Original identification of plan.
(a) This section identifies the original ``Air Implementation Plan
for the State of Colorado'' and all revisions submitted by Colorado that
were federally approved prior to June 1, 2015.
(b) The plan was officially submitted on January 26, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Request for legal authority submitted February 14, 1972, by the
Governor.
(2) Request for 110(e) extensions submitted March 20, 1972, by the
Governor.
(3) Statements by State Air Pollution Control Commission (APCC)
related to public inspection of emission data, emergency episodes, and
transportation control submitted May 1, 1972, by the APCC. (Non-
regulatory)
(4) List of sources under compliance schedules submitted May 1,
1972, by the State Department of Health.
(5) Transportation Control Plans submitted June 4, 1973, by the
Governor.
(6) Statements relating to transportation control plans submitted
July 16, 1973, by the Governor. (Non-regulatory)
(7) Plan revisions submitted November 21, 1973, by the Governor
which delete Section III of Regulation No. 1 only as it relates to
existing sources in Appendix P concerning SO2.
(8) On June 7, 1974, the Governor submitted five Air Quality
Maintenance Area designations.
(9) Supplemental information about the Air Quality Maintenance Areas
was submitted by the Governor on January 29, 1975.
(10) Procedural rules for all proceedings before the Air Pollution
Control Commission, submitted May 5, 1977, by the Governor.
(11) On January 2, 1979, the Governor submitted the nonattainment
area plan for all areas designated nonattainment as of March 3, 1978.
EPA is taking no action on areas for which the Governor has requested
redesignations (Larimer-Weld TSP and ozone; El Paso County ozone).
(i) Regulation 9, ``Trip Reduction,'' previously approved on October
5, 1979, and now deleted without replacement.
(12) Extension request for attainment of CO and O3 was
submitted by the Governor on January 5, 1979.
(13) On July 5, 1979, the governor submitted the Air Pollution
Control Commission's final comment on our May 11, 1979, proposal. This
included a clarification that the ``No-Drive Day'' was not part of the
State Implementation Plan and transportation control measures schedules
for Larimer-Weld.
(14) On July 18, 1979, the Commission committed to revising
Regulation 7.
(15) On July 23, 1979, the Governor submitted House Bill 1090 and
Senate Bill 1 as part of the plan.
(16) On July 27, 1979, the Governor submitted the Denver Regional
Council of Governments schedules for implementing the transportation
control strategies, and clarified that the Transportation Development
Plan was part of the plan.
(17) On March 4, 1980, the Governor submitted a plan revision to
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart
C, Sec. 58.20.
(18) On May 29, 1980, the Governor submitted written evidence of the
State's legal authority to implement and enforce an automobile emissions
control program as well as schedules for implementing that program and a
demonstration that it will achieve a 25% reduction in exhaust emissions
by 1987.
(19) On January 22 and February 6, 1980 the Governor submitted
schedules for the implementation of transportation control measures for
Denver and
[[Page 658]]
Larimer-Weld elements of the State Implementation Plan, respectively.
(20) On April 21, 1980, the Governor submitted a plan revision to
meet the data reporting requirements of section 127 of the Clean Air
Act.
(21) On June 22, 1980, the Governor submitted the following amended
rules:
REPEAL AND REPROMULGATION OF REGULATION NO. 3 ``A Regulation
Requiring Air Pollutant Emission Notice, Emission Permits and Fees.''
REVISIONS TO COMMON PROVISIONS REGULATION as they relate to changes
in Regulation No. 3.
(22) On June 5, 1980, the Governor submitted the following rules:
REPEAL AND REPROMULGATION OF REGULATION NO. 7 ``A Regulations to
Control Emissions of Volatile Organic Compounds'' and revisions to the
Common Provisions Regulations as they relate to changes in Regulation
No. 7.
(23) On August 25, 1980, the Governor of Colorado submitted a site
specific revision to the State Implementation Plan for Coors Container
Corporation, Paper Packaging Division, in regard to alternative volatile
organic compound emissions reduction for its printing presses.
(24) Provisions to meet the requirements of sections 110 and 172 of
the Clean Air Act, as amended in 1977, regarding control of Group II VOC
sources were submitted on January 6, 1981, and the supplemental
information received on August 20, 1981.
(25) On December 29, 1980, the Governor submitted the following
rule: Regulation No. 11, covering procedures for garage licensing
(including mechanic testing and licensing), equipment requirements
(including standards and specifications for exhaust gas analyzers),
requirements for inspections, and emission standards as part of the
Colorado motor vehicle inspection program.
(26) On March 23, 1981, the Governor submitted revised regulations
limiting sulfur dioxide emissions from certain oil shale production
facilities.
(27) On April 12, 1982, the Governor submitted the plan revisions to
show attainment of the lead National Ambient Air Quality Standard.
(28) Regulation Number 7 is part of the plan.
(29) Provisions to meet the requirements of Part D of the Clean Air
Act for carbon monoxide in Colorado Springs, Fort Collins, and Greeley
and ozone in Denver were submitted on June 24, 1982, and supplemented by
information submitted on May 4, 1983,by the Colorado Air Quality Control
Commission.
(30) Revisions to Air Pollution Control Commission Regulation No. 1
related to fugitive particulate emissions, were submitted by the
Governor on June 22, 1982; on December 6, 1982; and on March 23, 1983,
with a technical clarification dated August 5, 1982. Included is
approval of requirements for continuous emission monitoring (CEM) of
sulfur dioxide on fossil fuel fired steam generator with greater than
250 million BTU per hour heat input. Also addressed is the reinstatement
of the 40% opacity limitation for wigwam waste-wood burners into
Regulation No. 1. With this is the addition of operation and maintenance
(O&M) requirements to promote improved operation of the wigwam burners.
(i) Incorporation by reference. (A) Emission Control Regulations for
Particulates, Smokes and Sulfur Oxides for the State of Colorado,
Regulation No. 1.II (Smoke and Opacity); III (Particulates); IV
(Continuous Emission Monitoring Requirements for Existing Sources; VII
(Statements of Basis and Purpose); and Appendices A and B; which were
effective on May 30, 1982.
(B) Colorado Air Quality Control Commission Common Provisions
Regulation which was effective on May 30, 1982.
(C) Letter of August 5, 1982, from the State of Colorado to EPA.
Clarification of the SIP Re: Continuous Emission Requirements for Oxides
of Sulfur from Fossil Fueled Steam Generators.
(31) Revisions to Air Pollution Control Commission Regulation No. 11
related to the Colorado Inspection and Maintenance (I/M) program for
exhaust emission inspection of motor vehicles, submitted by the Governor
on December 10, 1984.
(32) Revisions to Air Pollution Control Commission Regulation No. 1,
section II.A.6 and III.C.2 (a) and (b), submitted by the Governor on
April 9, 1985.
[[Page 659]]
(i) Incorporation by reference. (A) Revisions to Air Pollution
Control Commission Regulation No. 1, ``Emission Control Regulation for
Particulates, Smokes, and Sulfur Oxides for the State of Colorado,''
sections II.A.6 and III.C.2 (a) and (b), effective March 2, 1985.
(33) A revision to Regulation No. 4, ``Regulation on the Sale of New
Woodstoves'', to control emissions from new woodstoves was submitted by
the Governor on October 24, 1986.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Regulation No. 4, ``Regulation on the Sale of New
Woodstoves'' (Section III.A., E., F., G. and Section VI.B. and C.)
adopted June 27, 1985.
(34) [Reserved]
(35) Colorado Air Pollution Control Commission Regulation No. 4,
``Regulation on the Sale of New Wood Stoves'', submitted by the Governor
on July 18, 1985.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Regulation No. 4., ``Regulation on the Sale of New Wood
Stoves'', adopted June 27, 1985.
(36) ``Revisions to Colorado Regulation No. 3 Requiring Air
Contaminant Emission Notices, Emission Permits and Fees as it Relates to
the Prevention of Significant Deterioration'' and ``Revisions to Common
Provision Regulation as Related to Regulation 3.'' Changes submitted
April 18, 1983, by the Governor.
(37) Supplemental information submitted on December 16, 1985, by the
Colorado Department of Health concerning compliance with EPA's stack
height regulations in issuing PSD permits.
(i) Incorporation by reference. (A) Revisions to Regulation 3 and
Common Provisions Regulation adopted March 10, 1983, by the Colorado Air
Quality Control Commission.
(B) Supplemental information submitted on December 16, 1985, by the
Colorado Department of Health concerning compliance with EPA's stack
height regulation in issuing PSD permits.
(38) Revisions to Regulation 1 to control emissions from alfalfa
dehydrators were submitted by the Governor on July 29, 1987.
(i) Incorporation by reference. (A) Section II.A.6 and introductory
text of Section III.C.2.a of Regulation 1 adopted by the Colorado Air
Quality Control Commission on January 15, 1987, effective on March 2,
1987.
(39) Regulation 12, to control emissions from diesel fleets with
nine or more vehicles over 7,500 pounds empty weight, registered in the
AIR Program area (the Colorado I/M program), was submitted by the
Governor on December 21, 1987.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission, Regulation No. 12, adopted December 18, 1986, and effective
January 30, 1987.
(40) A revision to the Colorado SIP was submitted by the Governor on
May 8, 1986, for Visibility New Source Review.
(i) Incorporation by reference. (A) Revision to the Colorado State
Implementation Plan regarding Revision to Regulation No. 3, Section XIV
was submitted by the Governor on April 18, 1983, and was adopted on
March 10, 1983.
(B) Revision to the Colorado State Implementation Plan regarding
Revision to Regulation No. 3, Section IV was submitted by the Governor
on May 8, 1986, and was adopted on March 20, 1986.
(41) A revision to the SIP was submitted by the Governor on December
21, 1987, for visibility general plan requirements, monitoring, and
long-term strategies.
(i) Incorporation by reference. (A) Letter dated December 21, 1987,
from Governor Roy Romer submitting the Colorado Visibility SIP revision.
(B) The visibility SIP revision, Regulation No. 3, ``Regulation
requiring an air contaminant emission notice, Emission Permit Fees'',
section XV, adopted by the Colorado Air Quality Control Commission on
November 19, 1987.
(42) Revisions to Air Pollution Control Regulation No. 1, requiring
reasonably available control technology RACT for carbon monoxide control
on petroleum refinery catalytic cracking units were submitted by the
Governor on May 8, 1986.
[[Page 660]]
(i) Incorporation by reference. (A) Revisions to Section IV.,
paragraphs IV.A., IV.D.2. and IV.E., and Section VII., Regulation No. 1,
emission control regulations for particulates, smokes, carbon monoxide,
and sulfur oxides for the State of Colorado requiring CEM and RACT on
petroleum refinery catalytic cracking units in the metro Denver area
effective on April 30, 1986.
(43) On June 15, 1988, the Governor submitted revisions to the CO
SIP for Colorado Springs. The revisions contain a new measure, the Clean
Air Campaign. EPA considers all other aspects of the submittal to be
surplus.
(i) Incorporation by reference. (A) Clean Air Campaign portion of
the Carbon Monoxide State Implementation Plan for the Colorado Springs
urbanized area, revised August 12, 1987.
(44) A revision to Regulation No. 4 of the Colorado SIP which
exempts certain woodburning devices from the certification requirements
of Regulation No. 4 was submitted by the Governor of Colorado on
September 10, 1988.
(i) Incorporation by reference. (A) In a letter dated September 10,
1988, Roy Romer, Governor of Colorado, submitted a revision to
Regulation No. 4 of the Colorado SIP.
(B) Paragraph (I)(A)(10)-(13) and (II)(C), revisions to Regulation
No. 4, ``Regulation on the Sale of New Woodstoves,'' of the Colorado SIP
became effective on June 30, 1988.
(45) In a letter dated May 8, 1986, the Governor submitted revisions
to the Colorado Regulation No. 3 (Regulation Requiring an Air
Contaminant Emission Notice, Emission Permit Fees) of the Colorado SIP
modifying stack evaluations. The changes consisted of (1) new
definitions of dispersion techniques, good engineering practice, nearby,
and excessive concentrations (Section XII.D.) and (2) rules clarifying
technical modeling and monitoring requirements (Section XII.C.).
(i) Incorporation by reference. (A) Revisions to the Colorado
Regulation No. 3 (Regulation Requiring and Air Contaminant Emission
Notice, Emission Permit Fees), Section XII, adopted March 20, 1986, by
the Colorado Air Quality Control Commission.
(46) On July 29, 1987, the Governor submitted:
(1) Amendments to Colorado Regulation No. 11 (Inspection/Maintenance
(I/M) program) and
(2) Regulation No. 13 (oxygenated fuels program).
(i) Incorporation by reference. (A) Regulation No. 11, revised
January 15, 1987, effective March 2, 1987.
(B) Regulation No. 13, adopted June 29, 1987, effective July 30,
1987.
(47) In a letter dated October 23, 1985, the Director of the Air
Pollution Control Division submitted the stack height demonstration
analysis. Supplemental information was submitted on June 20, 1986,
December 4, 1986, February 3, 1987, March 3, 1988, March 15, 1988, July
6, 1988 and August 16, 1988.
(i) Incorporation by reference. Stack height demonstration analyses
submitted by the State on October 23, 1985, June 20, 1986, December 4,
1986, February 3, 1987, March 3, 1988, March 15, 1988, July 6, 1988 and
August 16, 1988.
(48) [Reserved]
(49) A revision to Regulation No. 4 of the Colorado SIP submitted on
June 29, 1990, prohibits persons from operating a wood-burning stove or
fireplace during a high pollution day in specified areas.
(i) Incorporation by reference. (A) Revisions to Regulation No. 4,
``Regulation on the Sale of New Woodstoves,'' effective on June 30,
1990.
(50) [Reserved]
(51) On June 29, 1990, the Governor of Colorado submitted revisions
to the plan. The revisions include amendments to the Common Provisions
Regulation and Regulation No. 3 for emission permit fees and prevention
of significant deterioration of air quality (PSD) regulations to
incorporate the nitrogen dioxide (NO2) increments.
(i) Incorporation by reference. (A) Revisions to the Colorado Air
Quality Control Regulations, Common Provisions Regulation and Regulation
No. 3, which were effective on June 30, 1990.
(ii) Additional material. (A) October 22, 1990 letter from Douglas
Skie, EPA, to Bradley Beckham, Director, Air Pollution Control Division.
(B) November 5, 1990 letter from Bradley Beckham, Director, Air
Pollution Control Division, to Douglas Skie, EPA.
[[Page 661]]
(52) [Reserved]
(53) Revisions to the Colorado State Implementation Plan were
submitted by the Governor of Colorado on July 13, 1990. The revision
adds a voluntary educational Better Air Campaign to the Ft. Collins
Carbon Monoxide element of the Colorado SIP.
(i) Incorporation by reference. (A) The Fort Collins Better Air
Campaign as defined in Exhibit ``A'' and adopted on September 5, 1989,
through Resolution 89-161.
(54) On November 17, 1988 the Governor submitted revisions to
Regulation No. 3 and the Common Provisions Regulation which included:
Provisions for the review of new sources to protect the PM-10
national ambient air quality standards (NAAQS) and for consistency with
EPA requirements;
Amendments to address deficiencies and previous EPA disapprovals as
identified in the May 26, 1988 SIP Call;
Provisions for the certification and trading of emission offset
credits; and
Amendments to increase permit processing and annual fees.
(i) Incorporation by reference. (A) Regulation No. 3: Sections
I.B.2.c.(i)-(vi), I.B.3.a., II.B.1.d & e, II.B.3.c., II.C.1.h., II.C.3.,
III.A.1., IV.C.4.e., IV.C.4.f.(i) & (iv)-(v), IV.C.6-10, IV.D.1.e.,
IV.D.2.a.(iv), IV.D.2.b., IV.D.2.c.(i) & (ii), IV.D.3.a.(vi),
IV.D.3.b.(i)(D), IV.D.3.b.(iii)(A)(3), (5), (7), & (11), IV.D.3.d.(ii),
IV.D.3.e., IV.G.3., IV.H.7., V.C-I, VI.A.2., VI.C.1., VI.D., VII.A.,
VIII.D., IX.K., XIII.B., XIV.B.1, XIV.B.4.c.; and the Common Provisions
Regulation: Section I.G., definitions of ``Best Available Control
Technology,'' ``Complete,'' ``Construction,'' ``Enforceable,'' ``Fixed
Capital Cost,'' ``Lowest Achievable Emission Rate (LAER),''
``Modification,'' Net Emissions Increase,'' ``Particulate Matter,''
``Particulate Matter Emissions,'' ``PM10,'' ``PM10 Emissions,''
``Reconstruction,'' ``Significant,'' ``Total Suspended Particulate;''
revised August 18, 1988, effective September 30, 1988.
(ii) Additional material. (A) Letter dated April 29, 1991 from the
Colorado Air Pollution Control Division to EPA.
(55) [Reserved]
(56) Revisions to the Colorado State Implementation Plan were
submitted by the Governor in letters dated October 25, 1989, and October
30, 1991. The revisions consist of amendments to Regulation No. 12,
``Reduction of Diesel Vehicle Emissions.''
(i) Incorporation by reference. (A) Regulation No. 12 revisions
adopted on July 20, 1989, and effective on August 30, 1989, as follows:
Part A (Diesel Fleet Self-Certification Program): I.B.2.; I.C.1.; I.D.;
II.A.2.b., c.; all of IV. except those sections noted below; and add new
Parts B (Diesel Opacity Inspection Program) and C (Standards for Visible
Pollutants from Diesel Engine Powered Vehicles--Operating on Roads,
Streets and Highways), except those sections noted below. Regulation No.
12 revisions adopted on September 19, 1991, and effective on October 30,
1991, as follows: Part A: I.A.; I.B.3-18.; I.C.2.; II.A.1.; II.A.2.d.,
f., g., III.A.; IV.A.2.; IV.C.1.c., g.; IV.C.2.c., h.; IV.C.3.f., i.;
IV.C.4.k.; IV.C.5.a.iv.; IV.C.5.b.; V.; VI.; VII.; VIII.; Part B:
I.B.2., 7., 19., 30.-37., 40., 50., 51.; I.C.2.; I.D.; I.E.3.;
II.C.1.b.iv.; II.E.2.c., e.; II.E.8.; III.A.; III.B.4.; III.C.4.b.viii.-
ix.; III.D.3.b.vi., xi.; III.D.3.c.viii., xiii.; V.; VI.; and Part C:
A.-F.
(57) Revision to the State Implementation Plan for Carbon Monoxide:
Greeley Element.
(i) Incorporation by reference. (A) Letter and submittal dated
November 25, 1987, from the Governor of Colorado to the EPA Region VIII
Administrator, to revise the SIP to include the Greeley Element. The
revision was adopted by the State on September 17, 1987.
(58) On November 17, 1988, the Governor submitted an amendment to
Colorado Regulation No. 1, Section II.A.9., to exempt the destruction of
Pershing missiles under the Intermediate-Range Nuclear Forces (INF)
Treaty from meeting the opacity limits.
(i) Incorporation by reference. (A) Regulation No. 1, Section
II.A.9., adopted September 15, 1988, effective October 30, 1988.
(59) Revisions to the State's new source review and prevention of
significant deterioration permitting rules in the Common Provisions
Regulation and Regulation No. 3, which were submitted by the Governor on
April 9, 1992.
(i) Incorporation by reference. (A) Regulation No. 3: Sections I.A.,
I.B.2.c.
[[Page 662]]
through e., I.B.3.e. and f., II.B.1., II.B.2., II.C., III.A.1., III.B.,
III.D., IV.B.2., IV.C.4., IV.C.7., IV.C.9, IV.D.1., IV.D.2.a.(ii) and
(iv), IV.D.2.b.(i), IV.D.3.a.(iii) and (vi), IV.D.3.b.(iv), IV.H.,
IV.I., V.A., V.C.1., V.C.3., V.D.1., V.D.2., V.D.4., V.D.5., V.D.11.,
V.E.1., V.E.5., V.F.10., V.F.11., V.F.13., V.G.7., V.G.8., V.H.3.,
V.H.7. and 8., V.I.3., VI.A.1., VI.C.2., IX.D., XII.D., XIII.B.4.,
XIII.B.6., and XV.D.2.; and the Common Provisions Regulation: Sections
I.D.2., I.F., II.C.1., II.C.4., IV., and Section I.G.- definitions of
``best available control technology,'' ``commenced construction,''
``complete,'' ``federally enforceable,'' ``modification,'' ``potential
to emit,'' ``reasonable further progress,'' and ``stationary source;''
revised October 17, 1991, effective November 30, 1991.
(ii) Common Provisions Regulation, 5 CCR 1001-2, Section III.,
Smoking Gasoline Powered Motor Vehicle Control Region, is deleted
without replacement, effective September 30, 2002, as described in
(c)(118) below.
(60) Revisions to the Long-Term Strategy of the Colorado State
Implementation Plan for Class I Visibility Protection were submitted by
the Governor in a letter dated November 18, 1992. The submittal
completely replaces the previous version of the Long-Term Strategy and
includes amendments to Air Quality Control Commission Regulation No. 3,
``Air Contaminant Emissions Notices.''
(i) Incorporation by reference. (A) Revisions to the Visibility
Chapter of Regulation No. 3 as follows: XV.F.1.c. as adopted on August
20, 1992, and effective on September 30, 1992.
(61) The Governor of Colorado submitted a portion of the
requirements for the moderate nonattainment area PM10 State
Implementation Plan (SIP) for Denver, Colorado with a letter dated June
7, 1993, and subsequent submittals dated September 3, 1993, and October
20, 1993, fulfilling most of the commitments made in the June 7, 1993,
letter. The submittals were made to satisfy those moderate
PM10 nonattainment area SIP requirements due for the Denver
PM10 nonattainment area on November 15, 1991. EPA is
approving, for the limited purpose of strengthening the SIP, the control
measures contained in the SIP revisions identified above. (EPA is not
approving, at this time, the control measures limiting the emissions
from Purina Mills and Electron Corporation.)
(i) Incorporation by reference. (A) Revisions to Regulation No. 4,
``Regulation on the Sale of New Woodstoves and the Use of Certain
Woodburning Appliances During High Pollution Days,'' as adopted by the
Air Quality Control Commission on June 24, 1993, effective August 30,
1993, as follows: insert new Section VIII and recodification of
References Section. This revision pertains to local jurisdiction
implementation and enforcement of ordinances and resolutions restricting
wood burning on high pollution days.
(B) Regulation No. 16, ``Concerning Material Specifications for, Use
of, and Clean-up of Street Sanding Material,'' as adopted by the Air
Quality Control Commission on June 24, 1993, effective August 30, 1993,
as follows: recodification of Regulation and addition of Sections II and
III, which regulate emissions from street sanding and sweeping in the
Denver PM10 nonattainment area.
(C) Revisions to Regulation No. 1, ``Emission Control Regulations
for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the
State of Colorado,'' as adopted by the Air Quality Control Commission on
August 19, 1993, effective October 30, 1993, as follows: insert new
Sections VII and VIII and recodification of the two following Sections,
``Emission Regulations Concerning Areas Which are Nonattainment for
Carbon Monoxide--Refinery Fluid Bed Catalytic Cracking Units'', and
``Statements of Basis and Purpose'' Sections. The revisions pertain to
restrictions on the use of oil as a back-up fuel for certain sources and
set new emission limits at the following Public Service Company Power
Plants: Cherokee, Arapahoe, and Valmont.
(D) Coors Glass Plant allowable emission limitations on three
furnaces.
1. Permit 92JE129-1, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace 1.
2. Permit 92JE129-2, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace 2.
[[Page 663]]
3. Permit 92JE129-3, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace 3.
(E) Conoco Refinery allowable emission limitations from the
refinery.
1. Permit 90AD524, effective date March 20, 1991, regulating a Tulsa
natural gas fired 20MMbtu/hour heater equipped with low-Nox burners.
2. Permit 90AD053, effective date March 20, 1991, regulating process
heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8 all
burning fuel gas only.
3. Permit 91AD180-3, effective December 28, 1992, regulating the
three stage Claus sulfur recovery unit with tail gas recovery unit.
(ii) Additional material. (A) Regional Air Quality Council,
``Guidelines for Reducing Air Pollution from Street Sanding'' sets
voluntary guidelines for public works departments to follow to reduce
the amount of street sand applied, and includes recommendations for
increasing the effectiveness of street cleaning operations.
(B) Adolph Coors Company Brewery permit emission limitations on five
boilers. Permits: C-12386-1&2, C-12386-3, C-10660, C-11199, and C-11305.
(62) On February 24, 1993, and December 9, 1993, the Governor of
Colorado submitted revisions to the Colorado State implementation plan
(SIP) to satisfy those moderate PM-10 nonattainment area SIP
requirements for Pagosa Springs, Colorado due to be submitted by
November 15, 1991. Included in the December 9, 1993 submittal were PM-10
contingency measures for Pagosa Springs to satisfy the requirements of
section 172(c)(9) of the Act due to be submitted by November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas regulation, section I. ``Pagosa Springs
Nonattainment Area,'' adopted on November 19, 1992, effective on
December 30, 1992, with revisions adopted on November 12, 1993,
effective on December 30, 1993.
(63) On November 18, 1992, the Governor of Colorado submitted a plan
for the establishment and implementation of a Small Business Assistance
Program to be incorporated into the Colorado State Implementation Plan
as required by section 507 of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Revised Statutes,
Sections 25-7-109.2 and 25-7-114.7, to establish and fund a small
business stationary source technical and environmental compliance
assistance program, effective July 1, 1992.
(ii) Additional materials. (A) November 18, 1992 letter from the
Governor of Colorado submitting a Small Business Assistance Program plan
to EPA.
(B) The State of Colorado plan for the establishment and
implementation of a Small Business Assistance Program, adopted by the
Colorado Air Quality Control Commission on October 15, 1992, effective
October 15, 1992.
(64) On December 9, 1993, the Governor of Colorado submitted
PM10 contingency measures for the moderate nonattainment
PM10 areas of Canon City and Lamar, Colorado. The submittal
was made to satisfy the moderate PM10 nonattainment area
requirements for contingency measures due for Canon City and Lamar on
November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Area Regulation, Section IV. ``Lamar
Nonattainment Area,'' and Section V. ``Canon City Nonattainment Area--
PM-10,'' adopted on November 12, 1993, and effective December 30, 1993.
(65) On January 15, 1992, March 17, 1993, and December 9, 1993, the
Governor of Colorado submitted revisions to the Colorado State
implementation plan (SIP) to satisfy those moderate PM-10 nonattainment
area SIP requirements for Aspen, Colorado due to be submitted by
November 15, 1991. Included in the December 9, 1993 submittal were PM-10
contingency measures for Aspen to satisfy the requirements of section
172(c)(9) of the Act due to be submitted by November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas regulation, all of Section III. ``Aspen/
Pitkin County PM-10 Nonattainment Area'' except Section III.C.6.,
adopted on January 21, 1993 effective on March 2, 1993, with revisions
adopted on November 12, 1993, effective on December 30, 1993.
[[Page 664]]
(66) On January 14, 1993, the Governor of Colorado submitted
revisions to the new source review and prevention of significant
deterioration requirements in the Common Provisions Regulation and
Regulation No. 3, as well as a revision to Regulation No. 7 pertaining
to volatile organic compounds of negligible photochemical reactivity.
(i) Incorporation by reference. (A) Air Quality Control Commission
Common Provisions Regulation, Section I.C. and Section I.G., definitions
of ``adverse environmental effect,'' ``air pollutant,'' ``best available
control technology,'' ``federal act,'' ``federally enforceable,''
``hazardous air pollutant,'' paragraph h. in ``net emissions increase,''
``ozone depleting compound,'' and ``significant;'' revised 11/19/92,
effective 12/30/92.
(B) Air Quality Control Commission Regulation No. 3 Air Contaminant
Emission Notices, Sections I.B.1., I.B.2.c-e., I.B.3.e-f., IV.B.3-5,
IV.D.2.a.(iii), IV.D.2.c., IV.D.3., IV.D.4., IV.E., IV.F., IV.H.,
V.E.9., VI.B.1., VI.B.4., VI.B.5., VI.C., VII.C., VIII.A., VIII.C.1.,
XI.A., and XIII.A. and B.; revised 11/19/92, effective 12/30/92.
(C) Air Quality Control Commission Regulation No. 7 Emissions of
Volatile Organic Compounds, Section II.B.; revised 11/19/92, effective
12/30/92.
(67) On November 27, 1992, the Governor of Colorado, submitted a
revision to the Colorado SIP. This revision replaces previous versions
of Regulation No. 13 with the amended Regulation No. 13 (oxygenated
gasoline program) adopted September 17, 1992. Regulation No. 13 requires
the oxygenated gasoline programs to be implemented in the Fort Collins-
Loveland, Colorado Springs, and Boulder-Denver Metropolitan Statistical
Areas (MSA) as required by Section 211(m) of the Clean Air Act
Amendments of 1990.
(i) Incorporation by reference. (A) Revision to Regulation No. 13,
``Oxygenated Gasoline Program,'' as adopted by the Colorado Air Quality
Control Commission on September 17, 1992, effective October 10, 1992, as
follows: entire Regulation revision. This regulation supersedes and
replaces all previous revisions to Regulation No. 13, (40 CFR,
52.320(46)(2)).
(68) The Governor of Colorado submitted a portion of the
requirements for the moderate nonattainment area PM10 State
Implementation Plan (SIP) for Telluride, Colorado with a letter dated
March 17, 1993. The submittal was made to satisfy those moderate
PM10 nonattainment area SIP requirements due for Telluride on
November 15, 1991; however, the submittal did not contain quantitative
milestones to provide for maintenance of the PM10 National
Ambient Air Quality Standards through December 1997. The Governor of
Colorado submitted moderate PM10 nonattainment area
contingency measures for Telluride with a letter dated December 9, 1993.
This submittal was intended to satisfy the requirements of section
172(c)(9) of the Clean Air Act due on November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas regulation, Section II., Telluride
Nonattainment Area, adopted January 21, 1993 and effective on March 2,
1993, with revisions adopted November 12, 1993 and effective December
30, 1993.
(ii) Additional material. (A) The commitment and schedule for the
adoption and implementation of PM10 control measures that are
necessary to demonstrate maintenance of the 24-hour PM10
standard in Telluride, which were submitted in an April 21, 1994 letter
from Thomas Getz, Air Pollution Control Division, to Douglas M. Skie,
EPA.
(69) On January 14, 1994 and on June 24, 1994, Roy Romer, the
Governor of Colorado, submitted SIP revisions to the Implementation Plan
for the Control of Air Pollution. This revision establishes and requires
the implementation of an enhanced motor vehicle inspection and
maintenance program in the Denver and Boulder urbanized areas as
required by section 187(a)(6) of the Clean Air Act Amendments of 1990.
This material is being incorporated by reference for the enforcement of
Colorado's enhanced I/M program only.
(i) Incorporation by reference. (A) Colo. Rev. Stat. Sections 42-4-
306.5--42-4-316 adopted June 8, 1993 as House Bill 93-1340, effective
July 1, 1993.
(B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994.
[[Page 665]]
(ii) Additional materials. (A) SIP narrative and technical
appendices 1-20 as corrected and approved by the AQCC on June 21, 1994.
The narrative is entitled ``State of Colorado Motor Vehicle Inspection
and Maintenance State Implementation Plan'', dated December 16, 1993
with technical corrections.
(70) Revisions to the Colorado State Implementation Plan were
submitted by the Governor on September 27, 1989, and August 30, 1990.
The revisions consist of amendments to the Ozone provisions in
Regulation No. 7, ``Regulation To Control Emissions of Volatile Organic
Compounds.''
(i) Incorporation by reference. (A) Revisions to Regulation No. 7,
Sections 7.I (Applicability), 7.II (General Provisions), 7.III (General
Requirements for Storage and Transfer of Volatile Organic Compounds),
7.IV (Storage of Highly Volatile Organic Compounds), 7.V (Disposal of
Volatile Organic Compounds), 7.VI (Storage and Transfer of Petroleum
Liquid), 7.VIII (Petroleum Processing and Refining), 7.IX (Surface
Coating Operations), 7.X (Use of Solvents for Degreasing and Cleaning),
7.XI (Use of Cutback Asphalt), 7.XII (Control of VOC Emissions from Dry
Cleaning Facilities Using Perchloroethylene as a Solvent), 7.XIII
(Graphic Arts), 7.XIV (Pharmaceutical Synthesis), 7.XV (Control of
Volatile Organic Compound Leaks from Vapor Collection Systems Located at
Gasoline Terminals, Bulk Plants, and Gasoline Dispensing Facilities),
and Appendices A (Criteria for Control of Vapors from Gasoline Transfer
to Storage Tanks), B (Criteria for Control of Vapors from Gasoline
Transfer at Bulk Plants-Vapor Balance System), and D (Test Procedures
for Annual Pressure/Vacuum Testing of Gasoline Transport Trucks). The
following new emission sources and appendices were added to Regulation
No. 7: 7.IX.A.7 (Fugitive Emission Control), 7.IX.M (Flat Wood Paneling
Coating), 7.IX.N. (Manufacture of Pneumatic Rubber Tires), and Appendix
E (Emission Limit Conversion Procedure). These revisions became
effective on October 30, 1989, and August 30, 1990.
(ii) Additional material. (A) February 5, 1992, letter from John
Leary, Acting Director, Colorado Air Pollution Control Division, to
Douglas Skie, EPA. This letter contained the State's commitment to
conduct capture efficiency testing using the most recent EPA capture
efficiency protocols, and the commitment to adopt federal capture
efficiency test methods after they are officially promulgated by EPA.
(71) The Governor of Colorado submitted carbon monoxide contingency
measures for Colorado Springs and Fort Collins with a letter dated
February 18, 1994. This submittal was intended to satisfy the
requirements of section 172(c)(9) of the Clean Air Act for contingency
measures which were due on November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas regulation, 5 CCR 1001-20, Section VI,
City of Fort Collins Nonattainment Area, and Section VII, Colorado
Springs Nonattainment Area, adopted on November 12, 1993, effective on
December 30, 1993.
(72) On November 12, 1993, August 25, 1994, September 29, 1994,
November 17, 1994, and January 29, 1996, the Governor of Colorado
submitted revisions to the State's construction permitting requirements
in Regulation No. 3 and the Common Provisions Regulation. These
revisions included nonattainment new source review permitting
requirements for new and modified major sources of PM-10 precursors
locating in the Denver moderate PM-10 nonattainment area, changing from
the dual source definition to the plantwide definition of source in
nonattainment new source review permitting, other changes to Regulation
No. 3 to make the construction permitting program more compatible with
the State's title V operating permit program, and correction of
deficiencies. In addition, the Governor submitted revisions to the
Common Provisions Regulation on April 9, 1992 and January 14, 1993.
(i) Incorporation by reference. (A) Common Provisions Regulation, 5
CCR 1001-2, Section I.G., definitions of ``baseline area'' and
``reconstruction;'' adopted 10/17/91, effective 11/30/91.
(B) Common Provisions Regulation, 5 CCR 1001-2, Section I.G.,
definitions of ``net emissions increase'' and ``stationary source;''
adopted 8/20/92, effective 9/30/92.
[[Page 666]]
(C) Common Provisions Regulation, 5 CCR 1001-2, Section I.A. and
Section I.G., definitions of ``emission control regulation'' and
``volatile organic compound;'' adopted 11/19/92, effective 12/30/92.
(D) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-
5, revisions adopted 8/18/94, effective 9/30/94, as follows: Part A
(with the exception of the last sentence in the definition of
``Federally enforceable'' in Section I.B.22 and with the exception of
Section IV.C.) and Part B (with the exception of Sections V.B. and
VII.A.5.). This version of Regulation No. 3, as incorporated by
reference here, supersedes and replaces all versions of Regulation No. 3
approved by EPA in previous actions.
(E) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-
5, revisions adopted on 3/16/95, effective 5/30/95, as follows: Part A:
Sections I.B.12., I.B.31., I.B.32., I.B.35.B., I.B.36., I.B.37.,
I.B.41., I.B.50., I.B.57., I.B.66., II.D.5.c., II.D.5.d., V.B., V.C.6.,
V.C.10., V.E.1.c., V.E.1.d., V.H.4. through V.H.8., V.I.1., VI.C.1.f.,
and VII.A.; Part B: Sections III.D.2., III.D.3., IV.B.4., IV.C.1.,
IV.D.1.a., IV.D.2.c.(i)(E), IV.D.4.a., and IV.J.
(F) Previously approved in paragraph (c)(72)(i)(D) under Regulation
No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-5. These sections
are now deleted without replacement: II.B.7., II.B.8., II.B.9.,
II.B.10., and II.D.7, effective October 30, 2006.
(G) 1001-5, Colorado Regulation No. 3, Air Contaminant Emissions
Notices, Part A, Concerning General Provisions Applicable to Reporting
and Permitting, Sections II.D.1.m, II.D.1.ee, II.D.1.uu, II.D.1.ddd, and
II.D.1.eeee, previously approved in paragraph (c)(72)(i)(D) of this
section, were repealed by the State of Colorado effective January 30,
2009 and are removed without replacement.
(ii) Additional material. (A) July 3, 1995 letter from Martha E.
Rudolph, First Assistant Attorney General, Colorado Office of the
Attorney General, to Jonah Staller, EPA.
(73) On January 14, 1994 and on June 24, 1994, Roy Romer, the
Governor of Colorado, submitted SIP revisions to the State
Implementation Plan for the Control of Air Pollution. This revisions
requires the implementation of a basic motor vehicle inspection and
maintenance program in the urbanized areas of El Paso (Colorado
Springs), Larimer (Fort Collins), and Weld (Greeley) Counties meeting
the requirements of the Clean Air Act Amendments of 1990. This material
is being incorporated by reference for the enforcement of Colorado's
basic I/M program only.
(i) Incorporation by reference. (A) Colo. Rev. Stat. Sec. Sec. 42-
4-306.5--42-4-316 adopted June 8, 1993 as House Bill 93-1340, effective
July 1, 1993.
(B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994,
effective April 30, 1994.
(74) The Governor of Colorado submitted PM10 contingency
measures for Denver, Colorado in a letter dated November 17, 1995.
(i) Incorporation by reference. (A) Section IV. of Regulation No.
16, Street Sanding Emissions, adopted March 16, 1995, effective May 30,
1995.
(75) The Governor of Colorado submitted revisions to the
PM10 moderate nonattainment area State Implementation Plan
(SIP) for Telluride, Colorado with a letter dated April 22, 1996. The
submittal was made to satisfy the State's commitment to adopt additional
control measures necessary to demonstrate continued maintenance of the
PM10 National Ambient Air Quality Standards through 1997. Due
to the satisfaction of this commitment, the SIP now adequately meets the
quantitative milestone requirement.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission State Implementation Plan-Specific Regulation for
Nonattainment Areas, 5 CCR 1001-20, Section II.C., Telluride
Nonattainment Area Street Sanding Requirements, adopted August 17, 1995
and effective October 30, 1995.
(76) The Governor of Colorado submitted the moderate nonattainment
area PM10 State Implementation Plan (SIP) for Steamboat
Springs, Colorado with a letter dated September 16, 1997. The submittal
was made to satisfy those moderate PM10 nonattainment area
SIP requirements due for Steamboat Springs on July 20, 1995, including
[[Page 667]]
among other things, control measures, technical analyses, quantitative
milestones, and contingency measures. The September 16, 1997 submittal
also included the Steamboat Springs emergency episode plan.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas, 5 CCR 1001-20, Section VIII., Steamboat
Springs PM10 Nonattainment Area, adopted October 17, 1996 and
effective on December 30, 1996.
(ii) Additional material. (A) An October 29, 1997 letter from Margie
M. Perkins, APCD, to Richard R. Long, EPA, clarifying that the
regulation entitled ``Ambient Air Quality Standards for the State of
Colorado'' was included in the September 16, 1997 Steamboat Springs SIP
submittal for informational purposes only.
(77) On September 29, 1995, Roy Romer, the Governor of Colorado,
submitted a SIP revision to the State Implementation Plan for the
Control of Air Pollution. This revision provides a replacement
Regulation No. 11, Inspection/Maintenance Program which limits dealer
self-testing. This material is being incorporated by reference for the
enforcement of Colorado's I/M program.
(i) Incorporation by reference. (A) Department of Health, Air
Quality Control Commission, Regulation No. 11 (Motor Vehicle Emissions
Inspection Program) as adopted by the Colorado Air Quality Control
Commission (AQCC) on September 22, 1994, effective November 30, 1994.
(78) Revisions to the Colorado State Implementation Plan were
submitted by the Governor of the State of Colorado on August 25, 1995,
and October 16, 1995. The revisions consist or amendments to Regulation
No. 3, ``Air Contaminant Emissions Notices'' and to Regulation No. 7,
``Regulation To Control Emissions of Volatile Organic Compounds.'' These
revisions involve source-specific State Implementation Plan requirements
for emission trading for Pioneer Metal Finishing Inc. and crossline
averaging for Lexmark International Inc.
(i) Incorporation by reference. (A) Revisions to Regulation No. 3, 5
CCR 1001-5, sections V.A. (Purpose), V.C.1 , V.C.3, V.C.5 (Definitions),
V.D.6, V.D.7, V.D.9 (Procedure for Certification of Emissions Reductions
and Approval of Transactions), V.E. (Criteria for Certification of
Emissions Reductions), V.F., V.F.5, V.F.7, V.F.8.l, V.F.14, and V.F.15
(Criteria for Approval of all Transactions) and Revisions to Regulation
No. 7, 5 CCR 1001-9, section II.D.1.a (Alternative Control Plans and
Test Methods) became effective on December 30, 1994. The new section
IX.L.2.c through IX.L.2.c.xv (Manufactured Metal Parts and Metal
Products) to Regulation No. 7, 5 CCR 1001-9, applicable to Pioneer Metal
Finishing Inc., became effective on April 30, 1995. The new section
IX.A.12 through IX.A.12.a.(xi) (General Provisions) to Regulation No. 7,
5 CCR 1001-9, applicable to Lexmark International Inc., became effective
July 30, 1995.
(79) On August 23, 1996, the Governor of Colorado submitted a
revision to the long-term strategy portion of Colorado's State
Implementation Plan (SIP) for Class I Visibility Protection. The
revision was made to incorporate into the SIP, among other things,
emissions reduction requirements for the Hayden Station (a coal-fired
steam generating plant located near the town of Hayden, Colorado) that
are based on a consent decree addressing numerous air pollution
violations at the plant. This SIP revision replaces the previous
existing impairment portion of the long-term strategy as it relates to
the Mt. Zirkel Wilderness Area.
(i) Incorporation by reference. (A) Long-Term Strategy Review and
Revision of Colorado's State Implementation Plan for Class I Visibility
Protection Part I: Hayden Station Requirements, as follows: Section VI.,
effective on August 15, 1996.
(80) On July 11, 1994, July 13, 1994, September 29, 1995, and
December 22, 1995, the Governor of Colorado submitted revisions to the
Colorado State Implementation Plan (SIP) to satisfy those CO
nonattainment area SIP requirements for Denver and Longmont, Colorado
due to be submitted by November 15, 1992, and further revisions to the
SIP to shorten the effective period of the oxygenated fuels program. EPA
is not taking action on the SIP provision submitted on July 11, 1994
[[Page 668]]
that calls for a prohibition of the re-registration of abandoned and
impounded vehicles.
(i) Incorporation by reference. (A) Regulation No. 11, Motor Vehicle
Emissions Inspection Program, 5 CCR 1001-13, as adopted on September 22,
1994, effective November 30, 1994. Regulation No. 13, Oxygenated Fuels
Program, 5 CCR 1001-16, as adopted on October 19, 1995, effective
December 20, 1995.
(81) On August 1, 1996, the Governor of Colorado submitted revisions
to the prevention of significant deterioration regulations in Regulation
No. 3 to incorporate changes in the Federal PSD permitting regulations
for PM-10 increments and to make other minor administrative revisions.
(i) Incorporation by reference. (A) Regulation No. 3, Air
Contaminant Emissions Notices, 5 CCR 1001-5, revisions adopted 8/17/95,
effective 10/30/95, as follows: Part A, Section I.B., as follows: the
definition of ``baseline area'' in subsection 10, the definition of
``minor source baseline date'' in subsection 35, and the definition of
``net emissions increase'' in subsection 37; Part A: Sections IV.B.,
V.C.1., and V.D.11.c.; Part B: Sections IV.D.3.b.(v), VII.A.1., and X.D.
(82) The Governor of Colorado submitted the Denver moderate
nonattainment area PM10 State Implementation Plan (SIP) with
a letter dated March 30, 1995. The Governor submitted revisions to
Regulation No. 13, one of the control measures relied on in the
PM10 SIP, on December 22, 1995. These submittals as well as
support documentation submittals made on June 8, 1993, June 10, 1993,
June 25, 1993, July 19, 1993, August 5, 1993, September 3, 1993,
September 21, 1993, October 20, 1993, December 12, 1993, January 19,
1994, December 23, 1994, March 3, 1995, and November 8, 1995 satisfy
those moderate PM10 nonattainment area SIP requirements due
for the Denver PM10 nonattainment area on November 15, 1991.
EPA is approving the SIP. This approval replaces the previous limited
approval at 40 CFR 52.320(c)(61).
(i) Incorporation by reference. (A) Regulation No. 4, ``Regulation
on the Sale of New Woodstoves and the Use of Certain Woodburning
Appliances During High Pollution Days,'' 5 CCR 1001-6, as adopted by the
Air Quality Control Commission on June 24, 1993, effective August 30,
1993.
(B) Local woodburning ordinances and resolutions.
(1) Arvada, Colorado. Ordinance number 2451, effective November 2,
1987, regarding woodburning restrictions.
(2) Aurora, Colorado. Ordinance numbers 87-118 and 92-14, effective
May 22, 1987 and May 22, 1992, respectively, regarding woodburning
restrictions.
(3) Boulder, Colorado. Ordinance numbers 5007 and 5445, adopted
November 25, 1986 and April 21, 1992, respectively, regarding
woodburning restrictions.
(4) Broomfield, Colorado. Ordinance number 794, effective November
24, 1988, regarding woodburning restrictions.
(5) Denver, Colorado. Ordinance numbers 293 and 1018, approved May
30, 1990 and December 16, 1993, respectively, regarding woodburning
restrictions.
(6) Douglas County, Colorado. Resolution number 991-128, adopted
November 14, 1991, regarding woodburning restrictions.
(7) Englewood, Colorado. Ordinance numbers 31 and 39, passed on July
20, 1992, regarding woodburning restrictions.
(8) Federal Heights, Colorado. Ordinance number 565, adopted January
5, 1988, regarding woodburning restrictions.
(9) Glendale, Colorado. Ordinance numbers 2 and 14, adopted January
5, 1988 and effective on October 20, 1992, respectively, regarding
woodburning restrictions.
(10) Greenwood Village, Colorado. Ordinance numbers 17 and 9,
effective July 9, 1988 and March 25, 1992, respectively, regarding
woodburning restrictions.
(11) Jefferson County, Colorado. Resolution numbers CC89-873 and
CC90-617, dated December 29, 1989 and August 7, 1990, respectively,
regarding woodburning restrictions.
(12) Lafayette, Colorado. Ordinance number 24; series 1988,
effective November 15, 1988, regarding woodburning prohibitions.
(13) Lakewood, Colorado. Ordinance numbers 0-86-113 and 0-92-61,
effective December 1, 1986 and November 28, 1992,
[[Page 669]]
respectively, regarding woodburning restrictions.
(14) Littleton, Colorado. Ordinance numbers 51 and 26, passed on
December 6, 1988 and August 18, 1992, respectively, regarding
woodburning restrictions.
(15) Longmont, Colorado. Ordinance number 0-89-1, adopted December
27, 1988, regarding woodburning restrictions.
(16) Mountain View, Colorado. Ordinance number 90-5, approved on
January 7, 1991, regarding woodburning restrictions.
(17) Sheridan, Colorado. Ordinance numbers 22 and 1, approved
October 25, 1988 and February 9, 1993, respectively, regarding
woodburning restrictions.
(18) Thornton, Colorado. Ordinance numbers 2120 and 2194, adopted
October 28, 1991 and September 28, 1992, respectively, regarding
woodburning restrictions.
(19) Westminster, Colorado. Ordinance numbers 1742 and 2092, enacted
on November 9, 1987 and December 28, 1992, respectively, regarding
woodburning restrictions.
(C) Regulation No. 16, ``Concerning Material Specifications for, Use
of, and Clean-up of Street Sanding Material,'' 5 CCR 1001-18, as adopted
by the Air Quality Control Commission on September 22, 1994, effective
November 30, 1994.
(D) Regulation No. 1, ``Emission Control Regulations for
Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the State
of Colorado,'' 5 CCR 1001-3, Sections I-IV and VI-IX, and Appendices A
and B, as adopted by the Air Quality Control Commission on August 19,
1993, effective October 20, 1993; with revisions to Sections VII and
VIII, adopted by the Air Quality Control Commission on September 22,
1994, effective November 30, 1994.
(E) Public Service Company Cherokee facility SO2 emission
limitations for the power facility.
(1) Permit 86AD352(1), effective date November 13, 1986, regulates
SO2 emissions at Unit 1.
(2) Permit 86AD352-2, effective date April 30, 1992, regulates
SO2 emissions at Unit 4.
(F) Purina Mills Inc. total PM10 emissions limitations at
the animal feed manufacturing facility.
(1) Permit 93AD1008-1, effective date October 19, 1993, regulating
emissions at the finished product loadout facility.
(2) Permit 93AD1008-2, effective date October 19, 1993, regulating
emissions at the grain receiving facility.
(G) Electron Corporation total PM10 emission limitations
at the gray iron foundry.
(1) Permit 93AR1363-1, effective date January 12, 1994, regulating
emissions at the Table shot blaster and associated baghouse.
(2) Permit 93AR1363-2, effective date January 12, 1994, regulating
emissions at the five grinding booths-stand and associated baghouse.
(3) Permit 93AR1363-3, effective date January 12, 1994, regulating
emissions at the five grinding booths-hand and associated baghouse.
(4) Permit 93AR1363-4, effective date January 12, 1994, regulating
emissions at the Muller-25 sand system and associated baghouse.
(5) Permit 93AR1363-5, effective date January 12, 1994, regulating
emissions at the Coleman core oven-sand.
(6) Permit 93AR1363-6, effective date January 12, 1994, regulating
emissions at the Spinner wheelabrator and associated baghouse.
(7) Permit 93AR1363-7, effective date January 12, 1994, regulating
emissions at the Sand sile-core room and associated baghouse.
(8) Permit 93AR1363-8, effective date January 12, 1994, regulating
emissions from pouring of molten iron (casting) and castings cooling.
(9) Permit 93AR1363-9 effective date January 12, 1994, regulating
emissions at three tumble blast machines and associated baghouse.
(10) Permit 93AR1363-10, effective date January 12, 1994, regulating
emissions at two mullers-80A and associated baghouse.
(11) Permit 93AR1363-11, effective date January 12, 1994, regulating
emissions at the Casting shakeout hood and associated baghouse.
(12) Permit 93AR1363-12, effective date January 12, 1994, regulating
emissions at the Casting-disamatic mold and associated baghouse.
[[Page 670]]
(13) Permit 93AR1363-13, effective date January 12, 1994, regulating
emissions at the Sand silo-disamatic and associated baghouse.
(14) Permit 93AR1363-14, effective date January 12, 1994, regulating
emissions at the Sand silo-air set room and associated baghouse.
(15) Permit 93AR1363-15, effective date January 12, 1994, regulating
emissions at two electric induction furnaces and associated baghouse.
(16) Permit 93AR1363-16, effective date January 12, 1994, regulating
emissions at two Inducto-Therm electric induction furnaces model 2000/
4, serial nos. 40102 and 40103, and associated baghouse.
(17) Permit 93AR1363-17, effective date January 12, 1994, regulating
emissions from chemicals used in core making process.
(18) Permit 93AR1363-18, effective date January 12, 1994, regulating
emissions at the Loop shakeout and associated baghouse.
(19) Permit 93AR1363-19, effective date January 12, 1994, regulating
emissions at the Floor shakeout and associated baghouse.
(20) Permit 93AR1363-20, effective date January 12, 1994, regulating
emissions at the Reclaim sand and associated baghouse.
(21) Permit 93AR1363-21 effective date January 12, 1994, regulating
emissions at the Sand heater/cooler and associated baghouse.
(22) Permit 93AR1363-22, effective date January 12, 1994, regulating
emissions at the Paint spray booth.
(H) TRIGEN-Colorado Energy Corporation permit emissions limitations
at two boilers.
(1) Permit 10JE660, effective date February 25, 1997, regulating
emissions at the 4 boiler: tangential fired cogeneration steam boiler.
(2) Permit 11JE305-1, effective date February 19, 1997, regulating
emissions at the 5 boiler: tangential fired cogeneration steam boiler.
(I) Rocky Mountain Bottle Company emission limitations on three
furnaces.
(1) Permit 92JE129-1, effective date June 29, 1995, regulating
emissions at the KTG glass melting furnaces 1, 2 and 3.
(J) Conoco Refinery allowable emission limitations from the
refinery.
(1) Permit 90AD524, effective date March 20, 1991, regulating a
Tulsa natural gas fired 20MMbtu/hour heater equipped with low-
NOX burners.
(2) Permit 90AD053, effective date March 20, 1991, regulating
process heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8
all burning fuel gas only.
(3) Permit 91AD180-3, effective December 28, 1992, regulating the
three stage Claus sulfur recovery unit with tail gas recovery unit.
(ii) Additional material. (A) Regional Air Quality Council,
``Guidelines for Reducing Air Pollution from Street Sanding'' sets
voluntary guidelines for public works departments to follow to reduce
the amount of street sand applied, and includes recommendations for
increasing the effectiveness of street cleaning operations.
(83) A revision to the Colorado State Implementation Plan was
submitted by the Governor of the State of Colorado on April 22, 1996.
The revision consists of an amendment to Colorado Air Quality Control
Commission Regulation No. 7, ``Regulation To Control Emissions of
Volatile Organic Compounds,'' to provide an exemption for beer
production and associated beer container storage and transfer operations
involving volatile organic compounds under 1.5 psia from certain bottom
or submerged filling requirements that Regulation No. 7 otherwise
imposes. The revision consists of the addition of paragraph C to section
III, ``General Requirements for Storage and Transfer of Volatile Organic
Compounds,'' of Regulation No. 7.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Regulation No. 7, 5 CCR 1001-9, section III, paragraph C,
adopted by the Colorado Air Quality Control Commission on March 16,
1995, State effective May 30, 1995.
(84) The Governor of Colorado submitted the Denver PM10 mobile
source emissions budget State Implementation Plan (SIP) with a letter
dated July 18, 1995. The Governor submitted the Denver NOX
mobile source emissions budget State Implementation Plan (SIP) with a
letter dated April 22,
[[Page 671]]
1996. The PM10 and NOX mobile source emissions budgets and
other provisions in these SIP submittals are used to assess conformity
of transportation plans, transportation improvement programs, and
transportation projects.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission, ``Ambient Air Quality Standards'' regulation 5CCR 1001-14,
Section A.1. Budgets for the Denver Nonattainment Area (Modeling Domain)
PM10, Sections A.2. and A.3., and Sections B and C, adopted on February
16, 1995, effective April 30, 1995, as amended by the Colorado General
Assembly through enactment of Colorado Senate Bill 95-110, which Bill
was enacted on May 5, 1995 and signed by the Governor of Colorado on May
31, 1995. (See paragraph (c)(84)(i)(B) of this section).
(B) Colo. Rev. Stat. section 25-7-105(1)(a)(III), enacted by the
Colorado General Assembly on May 5, 1995 as part of Colorado Senate Bill
95-110 and signed by the Governor of Colorado on May 31, 1995.
(C) Colorado Air Quality Control Commission ``Ambient Air Quality
Standards'' regulation 5CCR 1001-14, Section A.1. Budgets for the Denver
Nonattainment Area (Modeling Domain) Nitrogen Oxides, as adopted June
15, 1995, effective August 30, 1995.
(85) On September 16, 1997, the Governor of Colorado submitted
revisions to Regulation No. 10 ``Criteria for Analysis of Conformity''
that incorporate the General Conformity requirements of 40 CFR part 51,
Subpart W into State regulation.
(i) Incorporation by reference. (A) Regulation No. 10 ``Criteria for
Analysis of Conformity'', 5 CCR 1001-12, as adopted on October 17, 1996,
effective December 30, 1996.
(86) On October 1, 1998, the Governor of Colorado submitted
revisions to Regulation No. 13 ``Oxygenated Fuels Program'' that
shortened the effective time period of the oxygenated fuels program for
Denver/Boulder, Colorado Springs, Fort Collins, and Longmont carbon
monoxide nonattainment areas and also reduced the required oxygen
content during certain periods.
(i) Incorporation by reference. (A) Regulation No. 13 ``Oxygenated
Fuels Program'', 5 CCR 1001-16, as adopted on January 16, 1998,
effective March 30, 1998.
(87) On September 16, 1997, the Governor of Colorado submitted
revisions to Regulations No. 3 and 7 and the Common Provisions
Regulation to update the State's list of negligibly reactive volatile
organic compounds (VOCs) and to consolidate the list of negligibly
reactive VOCs from Regulations No. 3 and 7 into the Common Provisions
Regulation. The Governor also submitted revisions to Parts A and B of
Regulation No. 3 on September 16, 1997 to amend the definition of
``applicable requirement'' and to correct typographical errors. On
August 19, 1998, the Governor submitted revisions to the Common
Provisions Regulation to update its list of negligibly reactive VOCs.
The Governor also submitted revisions to Regulation No. 7 to repeal the
requirements for control of VOC emissions from dry cleaning facilities
using perchloroethylene as a solvent.
(i) Incorporation by reference. (A) Common Provisions Regulation, 5
CCR 1001-2, Section I.G., definition of ``negligibly reactive VOCs
(NRVOCs)'' and subsection h. of the definition of ``net emissions
increase,'' adopted 12/21/95, effective 3/1/96.
(B) Regulation No. 3, ``Air Contaminant Emission Notices,'' 5 CCR
1001-5, adopted 12/21/95, effective 3/1/96, as follows: Part A,
subsection h. of the definition of ``net emissions increase'' in Section
I.B.37.; and Part B, Section IV.D.4.
(C) Regulation No. 7, ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, Section II.B., adopted 12/21/95, effective 3/1/96.
(D) Regulation No. 3, ``Air Contaminant Emission Notices,'' 5 CCR
1001-5, adopted 6/20/96, effective 8/30/96, as follows: Part A,
definition of ``applicable requirement'' in Section I.B.9., definition
of ``major source (for the purposes of Part C--operating permits)'' in
Section I.B.59., and Section V.C.12; and Part B, Section III.D.2.
(E) Common Provisions Regulation, 5 CCR 1001-2, Section I.G.,
definition of ``negligibly reactive VOCs (NRVOCs)'' adopted 11/21/96,
effective 1/30/97.
(F) Regulation No. 7, ``Emissions of Volatile Organic Compounds,'' 5
CCR
[[Page 672]]
1001-9, Section XII., adopted 11/21/96, effective 1/30/97.
(88) On April 26, 1996, the Governor of Colorado submitted revisions
to Regulation No. 3 to allow a source to voluntarily request a permit to
limit potential to emit and to require that such permits be subject to
public participation.
(i) Incorporation by reference. (A) Regulation No. 3, ``Air
Contaminant Emissions Notices,'' 5 CCR 1001-5, revisions adopted 5/18/
95, effective 7/30/95, as follows: part B, sections III.A.4, III.A.7,
and IV.C.4.
(89) On May 10, 2000, the Governor of Colorado submitted revisions
to Regulation No. 13 ``Oxygenated Fuels Program'' that eliminated the
Oxygenated Fuels Program for El Paso County and the Colorado Springs CO
attainment/maintenance area.
(i) Incorporation by reference. (A) Regulation No. 13 ``Oxygenated
Fuels Program'', 5 CCR 1001-16, as adopted on February 17, 2000,
effective April 30, 2000, as follows: Sections I.D.19, II.A, II.A.1,
II.A.2, II.C.1.a, II.C.1.b., and II.C.1.c.
(90) On May 10, 2000, the State of Colorado submitted maintenance
plans for the Telluride and Pagosa Springs PM10 nonattainment
areas and requested that these areas be redesignated to attainment for
the PM10 National Ambient Air Quality Standards. The
redesignation requests and maintenance plans satisfy all applicable
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission, ``State Implementation Plan Specific Regulations for
Nonattainment--Attainment/Maintenance Areas (Local Elements),'' 5 CCR
1001-20, revisions adopted 3/16/00, effective 5/30/00, as follows:
Section I., Pagosa Springs Attainment/Maintenance Area and Section II.,
Telluride Attainment/Maintenance Area.
(ii) Additional material. (A) January 24, 2001 letter from Margie
Perkins, Director, Colorado Air Pollution Control Division, to Richard
Long, Director, EPA Region VIII Air and Radiation Program, clarifying
the commitments of the Verification of Continued Attainment section of
the Telluride and Pagosa Springs maintenance plans.
(91) On May 10, 2000, the Governor of Colorado submitted revisions
to the Colorado State Implementation Plan consisting of: Revisions to
Regulation 12 to remove the ``Reduction of Diesel Vehicle Emissions''
program from areas outside the Denver PM10 non-attainment
area, and Regulation 9 ``Trip Reduction,'' effective on January 30,
1979, is rescinded.
(i) Incorporation by reference. (A) Revisions to Colorado Air
Quality Control Commission Regulation No. 12, 5 CCR 1001-15, adopted by
the Colorado Air Quality Control Commission on March 16, 2000, State
effective May 30, 2000.
(92) On May 11, 2012, Colorado submitted a revision to its State
Implementation Plan (SIP) that addresses updates to Colorado's
Regulation Number 10, Criteria for Analysis of Conformity, of the
Colorado SIP. EPA is approving the May 11, 2012 revisions to Regulation
No. 10 that update sections I, II, III, IV, and V so as to meet federal
transportation conformity consultation requirements. EPA is also
approving the removal of former Part A, Determining Conformity of
General Federal Actions to State or Federal Implementation Plans, from
the SIP.
(i) Incorporation by reference.
(A) Colorado's Regulation Number 10, Criteria for Analysis of
Conformity, except section VI, Statements of Basis, Specific Statutory
Authority, and Purpose, as adopted by the Colorado Air Quality Control
Commission on December 15, 2011 and state effective on January 30, 2012.
(93) On June 7, 2001, the Governor of Colorado submitted a revision
to the long-term strategy portion of Colorado's State Implementation
Plan (SIP) for Class I Visibility Protection. The revision was made to
incorporate into the SIP emissions reduction requirements for the Craig
Station (a coal-fired steam generating plant located near the town of
Craig, Colorado). This SIP revision is expected to remedy Craig
Station's contribution to visibility impairment in the Mt. Zirkel
Wilderness Area.
[[Page 673]]
(i) Incorporation by reference. (A) Revision of Colorado's State
Implementation Plan for Class I Visibility Protection: Craig Station
Units 1 and 2 Requirements, Section III, effective on April 19, 2001.
(94) On August 8, 1996, the Governor of Colorado submitted revisions
to Regulation No. 3, ``Air Contaminant Emissions Notices,'' that exempt
gasoline stations located in ozone attainment areas from construction
permit requirements, with the exception of those gasoline stations
located in the Denver Metro ozone attainment maintenance area. The
Governor also submitted revisions to Regulation No. 7, ``Emissions of
Volatile Organic Compounds,'' that state the provisions of Regulation
No. 7 shall apply only to ozone nonattainment areas and the Denver Metro
Attainment Maintenance Area with the exception of Section V, Paragraphs
VI.B.1 and 2., and Subsection VII.C., which shall apply statewide.
(i) Incorporation by reference. (A) Part B, section III. D.1.f of
Regulation No. 3 ``Air Contaminant Emissions Notices'', 5 CCR 1001-5, as
adopted on March 21, 1996, effective May 30, 1996.
(B) Section I.A.1 of Regulation No. 7 ``Emissions of Volatile
Organic Compounds'', 5 CCR 1001-9, as adopted on March 21, 1996,
effective May 30, 1996.
(95) On July 30, 2001, the State of Colorado submitted a maintenance
plan for the Denver PM10 nonattainment area and requested
that the area be redesignated to attainment for the PM10
National Ambient Air Quality Standards. The maintenance plan deletes
from the SIP Regulation No. 12, ``Diesel Inspection/Maintenance
Program'' and permits for six stationary sources incorporated by
reference in paragraphs (c)(91)(i)(A) and (c)(82)(i)(E) through (J), of
this section respectively. In conjunction with the maintenance plan,
Colorado revised previously approved regulations and requirements to
control particulate matter (Regulation No. 1 and Regulation No. 16.)
Among other changes, the revision to Regulation No. 1 includes the
deletion of section VII.B of Regulation No. 1 from the SIP. Among other
changes, the revision to Regulation No. 16 includes the deletion of
sections III and IV of Regulation No. 16 from the SIP. The redesignation
request, maintenance plan, and revisions to Regulations Nos. 1 and 16
satisfy all applicable requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Section VII and VIII.A of
Regulation No. 1, ``Emission Control for Particulates, Smokes, Carbon
Monoxide, & Sulfur Oxides,'' 5 CCR 1001-3, as adopted August 16, 2001
and effective September 30, 2001. (See paragraph (c)(95)(ii)(I) of this
section regarding clerical error in section VIII.A of Regulation No. 1.)
(B) Sections I and II, Regulation No. 16, ``Street Sanding
Emissions,'' 5 CCR 1001-18, as adopted April 19, 2001, effective June
30, 2001.
(ii) Additional material. (A) Letter dated September 5, 2001 from
Casey Shpall, Colorado Office of the Attorney General to Cindy
Rosenberg, EPA Region 8, clarifying that public notice was given of the
proposed changes and transmitting the appropriate documentation.
(B) Fax dated September 6, 2001 from Doug Lempke, Colorado
Department of Public Health and Environment, to Cindy Rosenberg, EPA
Region 8, submitting Colorado Attorney General's opinion concerning
revisions to Regulation No. 16.
(C) Letter dated September 10, 2001 from Kevin Briggs, Colorado
Department of Public Health and Environment, to Kevin Golden, EPA Region
8, transmitting model input files for maintenance demonstration.
(D) Letter dated September 13, 2001 from Casey Shpall, Colorado
Office of the Attorney General to Cindy Rosenberg, EPA Region 8,
explaining that an error occurred in the publication of Colorado
Regulation No. 1.
(E) Letter dated November 27, 2001 from Margie Perkins, Colorado
Department of Public Health and Environment, to Richard Long, EPA Region
8, transmitting the justification for the revised street sweeping
credits used in the PM10 maintenance plan.
(F) Letter dated April 5, 2002 from Margie Perkins, Colorado
Department of Public Health and Environment, to Richard Long, EPA Region
8, transmitting a supplement to the Technical Support Documentation
correcting the
[[Page 674]]
emission rates used in the PM10 maintenance plan for Conoco
and Ultramar Diamond Shamrock.
(G) Complaint and Consent Decree in United States v. Conoco Inc.,
entered by the United States District Court for the Southern District of
Texas on April 29, 2002.
(H) July 31, 2002 memorandum from Cindy Rosenberg, EPA Region 8, to
the Denver PM10 Redesignation and Maintenance Plan Docket,
regarding the August 16, 2001 version of Regulation No. 1, ``Emission
Control for Particulates, Smokes, Carbon Monoxide, & Sulfur Oxides.''
(I) Letter dated July 31, 2002 from Frank R. Johnson, Assistant
Attorney General, Colorado Department of Law, to Jonah Staller, EPA
Region 8, explaining a clerical error in the version of Regulation No. 1
referenced in paragraph (c)(95)(i)(A) of this section, assuring the
continued enforceability of section VIII.A of Regulation No. 1
regardless of the air quality classification of the Denver area, and
indicating that the clerical error will be promptly remedied.
(96) On May 10, 2000, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that supersede and replace all earlier versions of
the Regulation (except Appendices A and B of Regulation No. 11 as
approved in paragraph (c)(80)) and make several changes to the motor
vehicle inspection and maintenance requirements including the
implementation of a remote sensing device (RSD) program for the Denver
metropolitan area. On May 10, 2000, the Governor also submitted SIP
revisions to Colorado's Regulation No. 13 : ``Oxygenated Fuels Program''
that supersede and replace all earlier versions of the Regulation and
modify the oxygenated fuel requirements for the Denver metropolitan
area.
(i) Incorporation by reference. (A) Regulation No. 11 ``Motor
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, as adopted on
January 10, 2000, effective March 1, 2000, as follows: Part A, Part B,
Part C, Part D, Part E, and Part F.
(B) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16,
as adopted on January 10, 2000, effective March 1, 2000, as follows:
Sections I.A., I.B., I.C., I.D., I.E., II.A, II.B., II.C., II.D., II.E.,
II.F., II.G., and II.H.
(97) On November 9, 2001, the State of Colorado submitted a
maintenance plan for the Aspen PM10 nonattainment area and
requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfy all applicable
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Air Pollution Control
Division, ``State Implementation Plan--Specific Regulations for
Nonattainment--Attainment/Maintenance Areas (Local Areas),'' 5 CCR 1001-
20, revisions adopted January 11, 2001, effective February 28, 2001 as
follows: Section III, which is titled ``Aspen/Pitkin County
PM10 Attainment/Maintenance Area,'' and which supersedes and
replaces all prior versions of Section III.
(98) On November 5, 1999 the Governor of Colorado submitted a
revision to Regulation No. 1, ``Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Dioxide.'' The November 5, 1999
submittal exempts military training exercises at the United States Army
Installation Fort Carson and United States Army Pinon Canon Maneuver
Site (PCMS) from opacity limits. A new subsection D to Regulation No. 1,
section II, has been approved into the SIP.
(i) Incorporation by reference. (A) Colorado Regulation No. 1,
section II, subsection D effective September 30, 1998.
(99) On August 9, 2002, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that eliminate the requirement in the SIP for the
implementation of a motor vehicle inspection and maintenance program in
Larimer County (which includes the Fort Collins area) after January 1,
2004. On August 9, 2002, the Governor also submitted SIP revisions to
Colorado's Regulation No. 13 ``Oxygenated Fuels Program'' that eliminate
the oxygenated fuel requirements for Larimer County (which includes the
Fort Collins area) after January 1, 2004, and make changes to sections
I.D., II.A., II.B., II.C., II.D., II.E.,
[[Page 675]]
II.F., II.G., and II.H. On August 9, 2002, the Governor also submitted
SIP revisions to Colorado's State Implementation Plan Specific
Regulations for Nonattainment and Attainment/Maintenance Areas (Local
Elements) that eliminate Clean Air Act section 172(c)(9) carbon monoxide
contingency measures for the Fort Collins area. We originally approved
these contingency measures on December 23, 1997, and our approval was
codified in paragraph (c)(71) of this section.
(i) Incorporation by reference. (A) Regulation No. 11 ``Motor
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, Part A.I, as
adopted on July 18, 2002, and effective September 30, 2002.
(B) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16,
except for section III, the last sentence in Section II.C.1.c.v., ``This
Section II.C.1.c.v. is repealed effective February 1, 2019 and is
replaced by the requirements in Section II.C.1.c.vi. below beginning
November 1, 2019.,'' and Section II.C.1.c.vi., as adopted on July 18,
2002, effective September 30, 2002, which supersedes and replaces all
prior versions of Regulation No. 13.
(100) EPA is approving a SIP revision submitted by the Governor of
Colorado on July 31, 2002, concerning the use of credible evidence for
determining compliance and establishing violations. The July 31, 2002
submittal revises Colorado Air Quality Control Commission (AQCC) Common
Provisions Regulation by adding Section II.I, Compliance Certifications.
Section II.I of Colorado AQCC Common Provisions Regulation is approved
into the SIP.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Common Provisions Regulation, Section II.I, effective
September 30, 2001.
(101) On July 31, 2002, the State of Colorado submitted a
maintenance plan for the Steamboat Springs PM10 nonattainment
area and requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfies all applicable
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission, ``State Implementation Plan--Specific Regulations for
Nonattainment--Attainment/Maintenance Areas (Local Elements),'' 5 CCR
1001-20, revisions adopted November 15, 2001, effective December 30,
2001 as follows: Section VIII., titled ``Steamboat Springs
PM10 Attainment/Maintenance Area'' and supersedes and
replaces all prior versions of Section VIII.
(102) [Reserved]
(103) On April 12, 2004, the Governor of Colorado submitted
revisions to Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program'' that eliminated the Federal applicability of the Basic I/M
program for El Paso County and the Colorado Springs CO attainment/
maintenance area.
(i) Incorporation by reference. (A) Regulation No. 11 ``Motor
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, as adopted on
December 18, 2003, effective March 1, 2004, as follows: Part A.I.,
``Applicability,'' final sentence of paragraph 2.
(104) On June 20, 2003, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that eliminate the requirement in the SIP to
implement a motor vehicle inspection and maintenance program in Weld
County (which includes the Greeley area) after January 1, 2004. On June
20, 2003, the Governor also submitted SIP revisions to Colorado's
Regulation No. 13 ``Oxygenated Fuels Program'' that eliminate the
oxygenated fuel requirements for Weld County (which includes the Greeley
area) after January 1, 2004.
(i) Incorporation by reference. (A) Regulation No. 11 ``Motor
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, Part A.I, second
sentence that reads, ``The provisions of this regulation applicable to
Larimer and Weld counties shall not be included in the state
implementation plan after January 1, 2004.'', as adopted on December 19,
2002, and effective March 2, 2003.
(B) Regulation No. 13 ``Reduction of Carbon Monoxide Emissions from
Gasoline Powered Motor Vehicles through the use of Oxygenated
Gasolines,'' 5 CCR 1001-16, Part I.D.15, Part II.A, Part II.C, as
adopted on December 19, 2002, and effective March 2, 2003.
[[Page 676]]
(105) Revisions to the Long-Term Strategy of Colorado's State
Implementation Plan for Class I Visibility Protection (Visibility SIP),
as submitted by the Governor on April 12, 2004. The revisions update
strategies, activities, and plans that constitute reasonable progress
toward the National visibility goal.
(i) Incorporation by reference. (A) ``Revision of the Long-Term
Strategy,'' (Part II of the January 31, 2002 document entitled ``Long-
Term Strategy Review and Revision of Colorado's State Implementation
Plan for Class I Visibility Protection,'') effective on February 21,
2002.
(106) On July 31, 2002, the State of Colorado submitted a
maintenance plan for the Lamar PM10 nonattainment area and
requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfy all applicable
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission, ``State Implementation Plan--Specific Regulations for
Nonattainment--Attainment/Maintenance Areas (Local Elements),'' 5 CCR
1001-20, revisions adopted November 15, 2001, effective December 30,
2001 as follows: Section IV, titled ``Lamar Attainment/Maintenance
Area,'' and which supersedes and replaces all prior versions of Section
IV.
(ii) Additional material. (A) Colorado Department of Public Health
and Environment, ``Natural Events Action Plan for High Wind Events,
Lamar, Colorado,'' submitted to EPA on February 9, 1998 and subsequently
approved by EPA, June 5, 1998 and Lamar's revised 2003 ``Natural Events
Action Plan for High Wind Events, Lamar, Colorado,'' submitted to EPA on
April 16, 2003 and subsequently approved by EPA, February 9, 2004.
(107) On July 21, 2004, the Governor submitted revisions to the
Colorado State Implementation Plan for Colorado's Common Provisions
Regulation that contained a definition for condensate. On July 21, 2004,
and on March 24, 2005, the Governor also submitted revisions to the
Colorado State Implementation Plan for Colorado's Regulation No. 7
``Emissions of Volatile Organic Compounds'' that made several changes
and additions to sections I.A., I.B., II.A and added new sections XII
and XVI. The March 24, 2005 version of Regulation No. 7 superceded and
replaced portions of the July 21, 2004 version of Regulation No. 7. On
June 20, 2003, April 12 2004, and July 21, 2004, the Governor of
Colorado submitted revisions to the Colorado State Implementation Plan
for Colorado's Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program.''
(i) Incorporation by reference. (A) Common Provisions Regulation, 5
CCR 1001-2, as adopted on March 12, 2004, effective on May 30, 2004, as
follows: Section I.G, definition of ``Condensate.''
(B) Regulation No. 7 ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, as adopted on March 12, 2004, effective on May 31, 2004, as
follows: Sections I.A.1, I.A.1.a, I.A.1.b, I.A.1.c, I.B.1.b, and
I.B.2.f. As adopted on December 16, 2004, effective March 2, 2005, as
follows: Sections I.A.2, II.A.16, II.A.17, XII, and XVI.
(C) Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program,'' 5 CCR 1001-13, with changes most recently adopted on March
12, 2004, effective May 31, 2004, as follows: Part A, Part B, Part C,
Part D, Part E, Part F, and Appendices A and B, except for the following
sentence in Part A.I, which is being acted on separately: ``The
provisions of this regulation applicable to Larimer and Weld counties
shall not be included in the state implementation plan after January 1,
2004.'' On August 8, 2006, Colorado submitted revisions to Colorado's
Regulation Number 11--Motor Vehicle Emissions Inspection Program, part
F, section III.A.2, that EPA approved and that superseded the version of
section III.A.2 that EPA incorporated by reference in this paragraph.
See Sec. 52.329(f).
(ii) Additional material. (A) March 22, 2005, letter from Margie
Perkins, Director, Air Pollution Control Division, Colorado Department
of Public Health and Environment, to Richard Long, Director, Air and
Radiation Program, EPA Region VIII. This letter contained commitments
from the State to adhere to and address the continuing planning
[[Page 677]]
process requirements contained in the ``Maintenance for Growth''
provisions of EPA's ``Protocol for Early Action Compacts Designed to
Achieve and Maintain the 8-Hour Ozone Standards.''
(108) Revisions to the Long-Term Strategy of Colorado's State
Implementation Plan for Class I Visibility Protection (Visibility SIP),
as submitted by the Governor on March 24, 2005. The revisions update
strategies, activities, and monitoring plans that constitute reasonable
progress toward the National visibility goal.
(i) Incorporation by reference. (A) ``Revision of the Long-Term
Strategy,'' Part II of the November 18, 2004 document entitled ``Long-
Term Strategy Review and Revision of Colorado's State Implementation
Plan for Class I Visibility Protection,'' effective November 18, 2004.
(B) Colorado Air Quality Control Commission Regulation No. 3,
``Stationary Source Permitting and Air Pollutant Emission Notice
Requirements,'' 5 CCR 1001-5, Part D, Section XIV, Visibility,
Subsections A through F, effective April 16, 2004.
(C) Colorado Air Quality Control Commission, Regulation Number 3, 5
CCR 1001-5, Stationary Source Permitting and Air Pollutant Emission
Notice Requirements, Part D, Concerning Major Stationary Source New
Source Review and Prevention of Significant Deterioration, Section
XIV.F, Long Term Strategy, subsection XIV.F.1. introductory text and
XIV.F.1.c; adopted January 7, 2011; effective February 14, 2011.
(109) A revision to the State Implementation Plan was submitted by
the State of Colorado on July 31, 2002. The submittal revises the Common
Provisions regulation by adding affirmative defense provisions for
source owners and operators for excess emissions during periods of
startup and shutdown.
(i) Incorporation by reference.
(A) Common Provisions Regulation, 5 CCR 1001-2, sections II.J.1
through II.J.4, adopted August 16, 2001, effective September 30, 2001.
(110) A Revision to the State Implementation Plan was submitted by
the State of Colorado on April 12, 2004. The revision corrects a
clerical error in Section VIII.A of Regulation No. 1.
(i) Incorporation by reference.
(A) Colorado Regulation No. 1, 5CCR 1001-3, Section VIII.A, adopted
June 19, 2003, effective August 31, 2003.
(111) On August 8, 2006, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that repeals the basic vehicle emissions inspection
program in the Fort Collins and Greeley areas.
(i) Incorporation by reference.
(A) Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program,'' 5CCR1001-13, Part A.1 and Part A.IV, as adopted on November
17, 2005, and effective January 30, 2006.
(112) On August 3, 2007, the Governor of Colorado submitted
revisions to the Colorado's Regulation No. 7 ``Emissions of Volatile
Organic Compounds'' that made several changes and additions to Section
XII, ``Volatile Organic Compound Emissions From Oil and Gas
Operations.''
(i) Incorporation by reference.
(A) Regulation No. 7 ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, Section XII, ``Volatile Organic Compound Emissions From Oil
and Gas Operations,'' effective on March 4, 2007.
(113) On August 1, 2007, the State of Colorado submitted revisions
to Colorado's Common Provisions Regulation, 5 CCR 1001-2, that made
changes and additions to Section I, ``Definitions, Statement of Intent,
and General Provisions Applicable to All Emission Control Regulations
Adopted by the Colorado Air Quality Control Commission,'' and Section
II, ``General.''
(i) Incorporation by reference.
(A) Common Provisions Regulation, 5 CCR 1001-2, Section I.G,
``Definitions,'' effective on March 4, 2007.
(1) The submittal revises Section I.G by removing the definition of
``upset conditions'' and replacing it with the definition of
``malfunction.''
(B) Common Provisions Regulation, 5 CCR 1001-2, Section II.E,
``Affirmative Defense Provision for Excess Emissions During
Malfunctions,'' effective on March 4, 2007.
(2) The submittal revises Section II.E by removing language which
provided an exemption for excess emissions during upset conditions and
breakdowns
[[Page 678]]
and replacing it with an affirmative defense provision for source owners
and operators for excess emissions during malfunctions.
(114) On August 1, 2007, the State of Colorado submitted revisions
to Colorado Regulation Number 1 to be incorporated into the Colorado
SIP. The submittal revised Section III.B.2. by adding ``and air curtain
destructors subject to 40 CFR 60'' to the first sentence of Section
III.B.2.
(i) Incorporation by reference.
(A) 5 CCR 1001-3, Code of Colorado Regulations, Regulation Number 1,
Emission Control for Particulates, Smokes, Carbon Monoxide and Sulfur
Oxides, PARTICULATE MATTER, Section III.B.2, ``Incinerators,'' effective
on November 30, 2006, published in Colorado Register, Volume 29, Number
11.
(115) On July 31, 2003, the State of Colorado submitted revisions to
Colorado's 5 CCR 1001-3, Regulation 1, that deleted Sections II.A.6,
A.7, A.9 and C.3, regarding, respectively, alfalfa dehydrating plant
drum dryers, wigwam burners, the static firing of Pershing missiles and
a notice regarding waste materials. The State also deleted emission
limitations for alfalfa plant drum dyers by removing Section III.C.2.
Colorado's deletion of Sections II. A6, A.7 and A.9 and Section III.C.2
will cause a numbering change of subsequent paragraphs within Sections
II.A and III.C. EPA is adopting the new numbering scheme for sections
II.A. and III C. Section II.C.2.d. regarding agricultural open burning
is modified to include the burning of diseased animal carcasses to
prevent a public health emergency. Section III.A.1.d is modified for
incorporation of new State's method for calculating emissions from
multiple fuel burning units ducted to a common stack. Section V is added
regarding emission standards for electric arc furnaces, except for the
director's discretion provision provided for in Section V.A.2. Sections
VI.A.3.e, VI.A.3.f, VI.B.4.e, and VI.B.4.g(ii) are modified regarding
the methods used for the averaging of emissions over a 24 hour period.
(i) Incorporation by reference.
(A) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section II, Smoke and
Opacity, Section II.C.2.d, effective March 2, 2002.
(B) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section III, Particulate
Matter, Fuel Burning Equipment, Section III.A.1.d, effective September
30, 2001.
(C) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section V, Emission Standard
for Existing Iron and Steel Plant Operations, effective September 30,
2001.
(1) The submittal contains Section V.A.2 with the language:
``Emissions from gas-cleaning device shall not exceed a mass
emission rate of 0.00520 gr/dscf of filterable particulates maximum two-
hour average, as measured by EPA Methods 1-4 and the front half of
Method 5 (40 CFR 60.275, and Appendix A, Part 60), or by other credible
method approved by the Division. This particulate emissions standard
does not include condensable emissions, or the back half emissions of
Method 5''. The language ``or by other credible method approved by the
Division'' is disapproved. The language ``Appendix A, Part 60'' is
changed to ``appendices A1 through A3, Part 60'' in order to comply with
the current nomenclature of Part 60.
(D) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section VI, Sulfur Dioxide
Emission Regulations, Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and
VI.B.4.g(ii), effective September 30, 2001.
(1) Sections VI.B.4.e and VI.B.4.g(ii) list an emission rate of 0.7
lbs. sulfur dioxide, for the sum of all SO2 emissions from a
given refinery per barrel of oil processed, per day. This emission rate
is disapproved. The emission rate remains unchanged at 0.3 lbs. All
remaining language within Sections VI.B.4.e and VI.B.4.g(ii) is
approved.
(116) On June 20, 2003, the State of Colorado submitted revisions to
Colorado's Regulation 3 Regulation, 5 CCR 1001-5, that place
restrictions on increment consumption, add innovative control technology
as an alternative to BACT requirements, and changed or deleted numerous
definitions in Part A.
[[Page 679]]
The State in Part B revised construction permit review requirements
regarding RACT for minor sources in attainment/maintenance areas. The
State made the restrictions on maximum allowable increases of sulfur
dioxide concentrations over baseline concentrations in Class I areas
also applicable to certain Class II areas, such as certain National
Monuments that are not Class I areas. Increment consumption restrictions
were added to limit major stationary sources from consuming more than 75
percent of an applicable increment. The State added the use of
innovative control technology by a source in lieu of BACT requirements
in order to encourage the use of such technology. The revisions to both
Parts and B also included minor changes designed to fix ambiguous
language, to make the definitions more readable or to delete obsolete or
duplicative definitions. On April 12, 2004, the State of Colorado
submitted a minor revision to Part A, Section I.A regarding the
availability of material incorporated by reference.
(i) Incorporation by reference.
(A) Regulation 3, 5 CCR 1001-5, AIR CONTAMINANT EMISSIONS NOTICES,
Part A, Concerning General Provisions Applicable to Construction Permits
and Operating Permits, effective December 2002 and April 2003 with the
following exceptions:
(1) Section I.B.36.b.(iii)(G) provisions related to Pollution
Control Projects
(2) Section I.B.40.c.(ii) Submittal of an application for a nonroad
engine permit, State-only requirement
(3) Section IV. C., Emissions Trading under Permit Caps
(4) Section V.F.5, Criteria for Approval of all Transactions,
deleting the requirement that trading transactions may not be used
inconsistently with or to circumvent requirements of LAER
(B) Regulation 3, 5 CCR 1001-5, AIR CONTAMINANT EMISSIONS NOTICES,
Part B, Concerning Construction Permits including Regulations for the
Prevention of Significant Deterioration (PSD), Area Classifications,
Part B, Section V.B., effective December 2002 with the following
exceptions:
(1) Section III.D.1.c(iii), Exemption from Construction Permit
Requirements, Uncontrolled Emissions
(2) Section IV.B.2, Application for a Construction Permit, and
Section IV.H.8, Application for a Final Permit, regarding operating and
maintenance plans and recordkeeping formats.
(117) On June 18, 2009, the State of Colorado submitted an 8-Hour
Ozone Attainment Plan for the Denver Metro Area/North Front Range area
to meet the requirements of 40 CFR 81.300(e)(3)(ii)(D) for the 1997 8-
hour ozone NAAQS. On the same date, the State of Colorado also submitted
revisions to portions of Part A, ``Concerning General Provisions
Applicable to Reporting and Permitting,'' and Part B, ``Concerning
Construction Permits,'' of Colorado's Regulation No. 3, ``Air
Contaminant Emissions Notices,'' and to Sections I through XVI of
Colorado's Regulation No. 7, ``Control of Ozone Via Ozone Precursors
(Emissions of Volatile Organic Compounds and Nitrogen Oxides).'' EPA is
approving the Ozone Attainment Plan except for the last paragraph on
page IV-1 and the first paragraph on page IV-2, the words ``federally
enforceable'' in the second to last paragraph on page V-6, and the
reference to Attachment A in the Table of Contents and on page IV-3. EPA
is disapproving the excepted language from the Ozone Attainment Plan.
EPA is approving the revisions to portions of Parts A and B of
Colorado's Regulation No. 3. For purposes of this action, Colorado
Regulation No. 3, Part B, Sections II.D.1.k, l, m, and n, as
incorporated below, should be considered an addition to and as
immediately following Colorado Regulation Number 3, Part B, Sections
III.D.1.a through j, as previously approved by EPA. EPA is approving the
revisions to Sections I through XI and XIII through XVI of Colorado's
Regulation No. 7, except for Colorado's repeal of section II.D. EPA is
disapproving Colorado's repeal of Section II.D and Colorado's revisions
to Section XII of Regulation No. 7. EPA is not acting on the provisions
in Regulation No. 7 that are designated ``State Only.''
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Colorado Regulation No. 3, ``Air Contaminant
Emissions Notices,'' Part A, ``Concerning General Provisions Applicable
to Reporting and Permitting,'' Sections II.D.1.m,
[[Page 680]]
II.D.1.ee, II.D.1.uu, II.D.1.ccc, II.D.1.ddd, II.D.1.uuu, and
II.D.1.eeee, effective January 30, 2009.
(B) 5 CCR 1001-5, Colorado Regulation No. 3, ``Air Contaminant
Emissions Notices,'' Part B, ``Concerning Construction Permits,''
Sections II.D.1.k, l, m, and n, effective January 30, 2009.
(C) Letter dated November 18, 2009 from the Office of the Colorado
Attorney General, signed by Jerry Goad, to Candy Herring, Office of the
Colorado Secretary of State, regarding clerical errors in Regulation No.
7, and those portions of 5 CCR 1001-9, Colorado Regulation No. 7,
``Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic
Compounds and Nitrogen Oxides),'' Section II.C.1 that accompanied such
letter, except for the following: the parenthetical phrase ``(State
Only: Located in any Ozone Nonattainment Area or Attainment Maintenance
Area)'' at II.C.1; Section II.C.1.a.(v); Section II.C.1.c; and Section
II.C.1.d.
(D) 5 CCR 1001-9, Colorado Regulation No. 7, ``Control of Ozone Via
Ozone Precursors (Emissions of Volatile Organic Compounds and Nitrogen
Oxides),'' Sections I through XI and XIII through XVI, effective January
30, 2009, except for the following: Section I.A.1.b; Section I.B.1.b;
Section I.B.2.b; Section I.B.2.d; Section II.A.12; Section II.C.1; and
the repeal of Section II.D.
(118) On June 20, 2003, the State of Colorado submitted revisions to
Colorado's Common Provisions Regulation, 5 CCR 1001-2, that revised the
definitions of continuous monitoring system, emergency power generator,
enforceable, federally enforceable, manufacturing process or process
equipment, and volatile organic compounds. Deleted definitions included
but were not limited to actual emissions, Best Available Control
Technology (BACT), Lowest Achievable Emission Rate (LAER), and what
conditions determine the modification of a source. These definitions
were deleted in the Common Provisions because they appear in Colorado's
Regulation 3. The State clarified that fuel burning equipment emissions
are considered a part of the manufacturing process emissions when the
emissions are vented through a common stack.
However, fuel burning equipment emissions vented from a separate
stack are subject to regulations unique to fuel burning equipment. In
addition, the State deleted and reserved Section III of the Common
Provisions regarding smoking gasoline powered motor vehicles. The
provisions regarding smoking gasoline powered motor vehicles were
considered by the State to be obsolete. The revisions to the Common
Provisions also included minor changes designed to fix ambiguous
language, to make the definitions more readable or to delete obsolete or
duplicative definitions.
(i) Incorporation by reference.
(A) 5 CCR 1001-2, COMMON PROVISIONS REGULATION, Section 1.,
Definitions, Statement of Intent, and General Provisions Applicable to
all Emission Control Regulations Adopted by the Colorado Air Quality
Control Commission, except I.G, the definitions for ``Construction'' and
``Day''; Section II, General, except II.E, II.I, and II.J; effective on
September 30, 2002.
(119) The State of Colorado submitted revisions on September 16,
1997, June 20, 2003, July 11, 2005, August 8, 2006 and August 1, 2007 to
Colorado's 5 CCR 1001-5 Regulation Number 3, Part A, Section II. The
August 1, 2007 submittal included a renumbering of sections in II.B and
II.D. The incorporation by reference in (c)(119)(i)(A) reflects the
renumbered provisions as of the August 1, 2007 submittal. Additionally,
the State of Colorado deleted sections II.B.7., II.B.8., II.B.9.,
II.B.10., and II.D.7. without replacement. The deletion of these
provisions has been incorporated by reference at (c)(72)(i)(F) of this
section, the paragraph containing the original incorporation by
reference of the provisions.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, Section II, Air
Pollutant Emission Notice (APEN) Requirements, Sections II.A, Air
Pollutant Emission Notices for New, Modified, and Existing Sources; II.
B, General; II.B.1, Emission Estimate; II.B.1.b, Other engineering
calculations; II.B.2, Air Pollutant Emission Notice Term; II.B.3,
[[Page 681]]
APEN Applicability; II.B.3.a, Criteria Pollutants; II.B.4.a; II.B.4.b;
II.B.4.c; II.B.4.d; II.B.4.e; II.B.4.f; the undesignated text
immediately following II.B.4.f and preceding II.B.5; II.B.5; II.B.6;
II.C, Revised Air Pollutant Emission Notices; II.C.1; II.C.1.a;
II.C.1.h; II.C.2; II.C.2.b; II.C.3; II.D, Exemptions from Air Pollutant
Emission Notice Requirements; II.D.1; the undesignated text immediately
following II.D.1 and preceding II.D.1.a; II.D.1.a; II.D.1.f; II.D.1.g;
II.D.1.h; II.D.1.i (excluding subprovisions); II.D.1.j; II.D.1.k;
II.D.1.n; II.D.1.x; II.D.1.y; II.D.1.aa; II.D.1.bb; II.D.1.kk;
II.D.1.nn; II.D.1.oo; II.D.1.aaa; II.D.1.bbb; II.D.1.ccc; II.D.1.fff;
II.D.1.ggg; II.D.1.lll; the undesignated text immediately following
II.D.1.lll and preceding II.D.1.mmm; II.D.1.nnn., II.D.1.ooo;
II.D.1.ppp; II.D.1.qqq; II.D.1.rrr; II.D.1.vvv; II.D.1.www; II.D.1.yyy;
II.D.1.zzz; II.D.1.aaaa; II.D.1.bbbb; II.D.1.cccc; II.D.1.dddd; II.D.2;
II.D.3; II.D.4; II.D.5; II.D.6; effective October 30, 2006.
(120) The State of Colorado submitted revisions on October 25, 2005
and August 1, 2007 to Colorado's 5 CCR 1001-5 Regulation Number 3, Part
D. The October 25, 2005 submittal included a renumbering of Regulation
Number 3. The incorporation by reference in paragraph (c)(120)(i)(A) on
this section reflects the renumbered sections as of the October 25, 2005
submittal. Sections were removed from Part D between the October 25,
2005 and August 1, 2007 submittal. The incorporation by reference in
paragraph (c)(120)(i)(B) of this section reflects the numbering of the
sections as of the August 1, 2007 submittal.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration, adopted April 16, 2004 and effective June 30, 2004:
(1) Section I, Applicability, Sections I.A., General Applicability;
I.A.1;
(2) Section II, Definitions,
(i) II.A;
(ii) II.A.1, Actual Emissions; II.A.1.a (only the language that
appears in plain or underlined text and not the language that appears as
italicized text); II.A.1.b; II.A.1.c; II.A.1.e;
(iii) II.A.3, Air Quality Related Value;
(iv) II.A.5, Baseline Area;
(v) II.A.6, Baseline Concentration;
(vi) II.A.8, Best Available Control Technology (BACT) (the language
that appears in plain or underlined text but not language that appears
as italicized text, with the following exception--EPA is incorporating
italicized text and is not incorporating underlined text when the
combined effect of that action is to replace the phrase ``air pollutant
regulated under the Federal Act'' (or an equivalent phrase) with the
term ``regulated NSR pollutant'');
(vii) II.A.12, Complete;
(viii) II.A.16, Federal Land Manager (FLM);
(ix) II.A.19, Innovative Control Technology;
(x) II.A.21, Lowest Achievable Emission Rate (LAER); II.A.21.a;
II.A.21.b (only the language that appears in plain or underlined text
and not the language that appears as italicized text);
(xi) II.A.23, Major Modification (the language that appears in plain
or underlined text but not language that appears as italicized text,
with the following exception--EPA is incorporating italicized text and
is not incorporating underlined text when the combined effect of that
action is to replace the phrase ``air pollutant regulated under the
Federal Act'' (or an equivalent phrase) with the term ``regulated NSR
pollutant''); II.A.23.b; II.A.23.c; II.A.23.d; II.A.23.d(i);
II.A.23.d(ii); II.A.23.d(iv); II.A.23.d.(v); II.A.23.d.(vi);
II.A.23.d.(vii); II.A.23.d.(ix); II.A.23.f;
(xii) II.A.24, Major Source Baseline Date;
(xiii) II.A.25, Major Stationary Source; II.A.25.a; II.A.25.c;
II.A.25.e; II.A.25.f;
(xiv) II.A.26, Minor Source Baseline Date;
(xv) II.A.27, Net Emissions Increase; II.A.27.a; (the language that
appears in plain or underlined text and the addition of the italicized
phrase ``With respect to any regulated NSR pollutant emitted by any
major stationary source''); II.A.27.a.(i) (only the language that
appears in plain or underlined text and not the language that appears as
italicized text); II.A.27.a.(ii) (only the language that appears in
plain or underlined text and not the
[[Page 682]]
language that appears as italicized text); II.A.27.b (only the language
that appears in plain or underlined text and not the language that
appears as italicized text); II.A.27.c; II.A.27.c.(i); II.A.27.c(ii);
II.A.27.c(iii); II.A.27.d; II.A.27.e; II.A.27.f; II.A.27.g;
II.A.27.g.(i); II.A.27.g.(ii); II.A.27.g.(iii) (only the language that
appears in plain or underlined text and not the language that appears as
italicized text); II.A.27.g.(iv); II.A.27.h; II.A.27.j; II.A.27.k,
Creditable Decreases for Fuel Switching;
(xvi) II.A.40, Regulated NSR Pollutant; II.A.40.a; II.A.40.b;
II.A.40.d; II.A.40.e;
(xvii) II.A.43, Secondary Emissions (only the language that appears
in plain or underlined text and not the language that appears as
italicized text);
(xviii) II.A.44, Significant; II.A.44.b; II.A.44.c;
(xix) II.A.45, Significant Emissions Increase;
(3) Section III, Permit Review Procedures;
(4) Section IV, Public Comment Requirements;
(5) Section V, Requirements Applicable to Nonattainment Areas,
Sections V.A, Major Stationary Sources; V.A.1; V.A.2; V.A.3; V.A.3.d;
V.A.4; V.A.5; V.A.6; V.A.7, Applicability of Certain Nonattainment Area
Requirements; V.A.7.a; V.A.7.b; V.A.8, Exemptions from certain
nonattainment area requirements;
(6) Section VI, Requirements applicable to attainment and
unclassifiable areas and pollutants implemented under section 110 of the
Federal Act (Prevention of Significant Deterioration Program), Sections
VI.A, Major Stationary Sources and Major Modifications; VI.A.1, Control
Technology Review; VI.A.1.a; VI.A.1.b; VI.A.1.c (only the language that
appears in plain or underlined text and not the language that appears as
italicized text); VI.A.2, Source Impact Analysis; VI.A.3, Pre-
construction Monitoring and Analysis; VI.A.4, Post-Construction
Monitoring; VI.A.5, Operation of Monitoring Stations; VI.A.6, Additional
Impact Analysis (only the language that appears in plain or underlined
text and not the language that appears as italicized text); VI.B,
Applicability of Certain PSD Requirements; VI.B.1 through VI.B.4;
VI.B.7; VI.C, Notice to the U.S. EPA; VI.D, Major Stationary Sources in
attainment areas affecting nonattainment areas;
(7) Section VII, Negligibly Reactive Volatile Organic Compounds
(NRVOCs);
(8) Section VIII, Area Classifications, Sections VIII.A; VIII.C;
VIII.D;
(9) Section IX, Redesignation;
(10) Section X, Air Quality Limitations, Sections X.A, Ambient Air
Increments; X.A.1, X.A.2; X.A.3; X.A.4, Periodic Review;
(11) Section XI, Exclusions From Increment Consumption;
(12) Section XII, Innovative Control Technology;
(13) Section XIII, Federal Class I Areas; adopted April 16, 2004 and
effective June 30, 2004.
(B) Regulation 3, Stationary Source Permitting and Air Pollutant
Emission Notice Requirements, Part D, Concerning Major Stationary Source
New Source Review and Prevention of Significant Deterioration, Section
II, Definitions; Sections II.A; II.A.22.a; II.A.24.d; II.A.38.c;
II.A.42.a; adopted August 17, 2006 and effective October 30, 2006.
(121) On August 8, 2006, the State of Colorado submitted revisions
to Colorado's 5 CCR 1001-3, Regulation 1, that allows for the use of
obscurants during military exercises at the Fort Carson Military Base
and Pin[oacute]n Canyon Maneuver Site in Colorado while precautionary
steps are taken during the exercise to maintain air quality. The State
modified the equipment requirements and work practices (abatement and
control measures) in Regulation 1 intended to control the emissions of
particulates, smokes and SO2 from new and existing stationary
sources. Consistent with its use of the term elsewhere, the State added
the attainment/maintenance nomenclature. The revision also provides a
new numbering scheme for each section of the regulation.
The State adopted EPA test method 9 (part 60 of this title, Appendix
A-4) as it is applied to Standards of Performance for Steel Plants
(Sec. 60.275a of this title). The State revised manufacturing process
emission rates, to clarify that the applicability of the section is to
process equipment with a design rate of 30 tons per hour or less. The
averaging
[[Page 683]]
time for emission standards of all existing sources of SO2
shall be a three hour rolling average. New sources of SO2 not
specifically regulated within Regulation 1 are limited to two tons per
day and are subject to BACT.
(i) Incorporation by reference.
(A) 5 CCR 1001-3, Regulation 1, Emission Control for Particulate
Matter, Smoke, Carbon Monoxide, and Sulfur Oxides, Section I.,
Applicability: Referenced Federal Regulations; Section II., Smoke and
Opacity; Section III., Particulate Matter (except Subsection
III.A.1.d.); Section IV., Continuous Emission Monitoring Requirements
for New or Existing Sources; Section V., Emission Standards for Existing
Iron and Steel Plant Operations; Section VI., Sulfur Dioxide Emission
Regulations; Section VII., Emission Regulations for Certain Electric
Generating Stations Owned and Operated by the Public Service Company of
Colorado; Section VIII., Restrictions On The Use of Oil as a Backup
Fuel; effective October 2, 2005.
(122) The State of Colorado submitted revisions October 25, 2005 to
Colorado's 5 CCR 1001-5 Regulation Number 3, Part A and Colorado's 5 CCR
1001-5 Regulation Number 3, Part D. The October 25, 2005 submittal
included language changes and renumbering of Regulation Number 3. The
incorporation by reference in ((i)(A) and (i)(B) reflects the renumbered
sections and language changes as of the October 25, 2005 submittal.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Contaminant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, adopted April 16,
2004 and effective June 30, 2004:
Section I, Applicability, Sections I.B, Definitions; I.B.7,
Allowable Emissions; I.B.13, Continuous Emissions Monitoring System
(CEMS); I.B.14, Continuous Emissions Rate Monitoring Systems (CERMS);
I.B.15, Continuous Parameter Monitoring System (CPMS); I.B.33, Pollution
Prevention; I.B.35, Potential to Emit; I.B.36, Predictive Emissions
Monitoring System (PEMS); adopted April 16, 2004 and effective June 30,
2004.
(B) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Contaminant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration, adopted April 16, 2004 and effective June 30, 2004:
(1) Section I, Applicability,
(i) I.A., General Applicability; I.A.2; I.A.3;
(ii) I.B, Applicability Tests; I.B.1; I.B.2; I.B.4 (except the final
sentence beginning, ``For example''); I.B.5;
(iii) I.C;
(2) Section II, Definitions,
(i) II.A;
(ii) II.A; II.A.1, Actual Emissions; II.A.1.a (only the language
that appears as plain or italicized text); II.A.1.c (only the language
that appears as plain text); II.A.1.d;
(iii) II.A.2, Actuals PAL;
(iv) II.A.4, Baseline Actual Emissions;
(v) II.A.7, Begin Actual Construction;
(vi) II.A.9, Clean Coal Technology;
(vii) II.A.10, Clean Coal Technology Demonstration Project;
(viii) II.A.13, Construction;
(ix) II.A.14, Emissions Unit;
(x) II.A.15, Electric Utility Steam Generating Unit;
(xi) II.A.17, High Terrain;
(xii) II.A.18, Hydrocarbon Combustion Flare;
(xiii) II.A.20, Low Terrain;
(xiv) II.A.21, Lowest Achievable Emission Rate (LAER); II.A.21.b
(only the language that appears as plain or italicized text);
(xv) II.A.22, Major Emissions Unit;
(xvi) II.A.23, Major Modification (only the language that appears as
plain and italicized text); II.A.23.d.(iii); II.A.23.d(x);
II.A.23.d(xi); II.A.23.e;
(xvii) II.A.25, Major Stationary Source; II.A.25.b (only the
language that appears as plain or italicized text);
(xviii) II.A.27, Net Emissions Increase; II.A.27.a.(i) (only the
language that appears as plain or italicized text); II.A.27.a.(ii);
II.A.27.b; II.A.27.g.(iii) (only the language that appears as plain or
italicized text); II.A.27.i;
(xix) II.A.28, Nonattainment Major New Source Review (NSR) Program;
(xx) II.A.29, PAL Effective Date;
(xxi) II.A.30, PAL Effective Period;
(xxii) II.A.31, PAL Major Modification;
(xxiii) II.A.32, PAL Permit;
(xxiv) II.A.33, PAL Pollutant;
[[Page 684]]
(xxv) II.A.34, Plantwide Applicability Limitation (PAL);
(xxvi) II.A.36, Prevention of Significant Deterioration (PSD)
Permit;
(xxvii) II.A.37, Project;
(xxviii) II.A.38, Projected Actual Emissions;
(xxvix) II.A.39, Reactivation of Very Clean Coal-fired Electric
Utility Steam Generating Unit;
(xxx) II.A.41, Replacement Unit;
(xxxi) II.A.42, Repowering;
(xxxii) II.A.43, Secondary Emissions;
(xxxiii) II.A.46, Significant Emissions Unit;
(xxxiv) II.A.47, Small Emissions Unit;
(xxxv) II.A.48, Temporary Clean Coal Technology Demonstration
Project;
(3) Section V, Requirements Applicable to Nonattainment Areas,
V.A.7.c (except for the phrases, ``a Clean Unit or at'', ``a reasonable
possibility that'', and ``may result in a significant emissions
increase''); V.A.7.d;
(4) Section VI, Requirements applicable to attainment and
unclassifiable areas and pollutants implemented under section 110 of the
Federal Act (Prevention of Significant Deterioration Program), Sections
VI.A.1.c (only the language that appears as plain or italicized text);
VI.B.5 (except for the phrases, ``a Clean Unit or at'', ``a reasonable
possibility that'', and ``may result in a significant emissions
increase''); VI.B.6;
(5) Section XVII, Actuals PALs; adopted April 16, 2004 and effective
June 30, 2004.
(123) Colorado adopted revisions to its procedural rules on January
16, 1998 and submitted part of the revised procedural rules to EPA on
November 5, 1999. Colorado's procedural rules govern all procedures and
hearings before the Air Quality Control Commission (Commission) and
certain procedures and hearings before the Air Pollution Control
Division within the Colorado Department of Public Health and
Environment. The revision to the Commission's procedural rules was
intended to bring the Commission current with all applicable procedural
requirements for their official actions. The submitted portion of the
revision consisted of changes to Section 1.11.0 of the procedural rules.
The section addresses requirements under section 128 of the CAA
regarding the composition of the Commission and disclosure by its
members of potential conflicts of interest.
(i) Incorporation by reference.
(A) Department of Public Health and Environment, Air Quality Control
Commission, Procedural Rules, 5 CCR 1001-1, Section 1.11.0, State
Implementation Plan, adopted on January 16, 1998 and effective on March
30, 1998.
(ii) [Reserved]
(124) On May 25, 2011 the State of Colorado submitted revisions to
its State Implementation Plan to address the requirements of EPA's
regional haze rule. On December 31, 2012, EPA issued a final rule
approving this submittal and responding to public comments. On May 26,
2015 EPA reissued the final rule with respect to the nitrogen oxides
(NOX) best available retrofit technology (BART) determination
for the Comanche Generating Station to provide additional responses to
public comments.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission, Regulation Number 3, 5
CCR 1001-5, Stationary Source Permitting and Air Pollutant Emission
Notice Requirements, Part F, Regional Haze Limits--Best Available
Retrofit Technology (BART) and Reasonable Progress (RP), Section VI,
Regional Haze Determinations, and Section VII, Monitoring,
Recordkeeping, and Reporting for Regional Haze Limits; adopted January
7, 2011; effective February 14, 2011.
(B) Colorado Air Quality Control Commission, Regulation Number 7, 5
CCR 1001-9, Control of Ozone via Ozone Precursors (Emissions of Volatile
Organic Compounds and Nitrogen Oxides), Section XVII, (State Only,
except Section XVII.E.3.a. which was submitted as part of the Regional
Haze SIP) Statewide Controls for Oil and Gas Operations and Natural Gas-
Fired Reciprocating Internal Combustion Engines, subsection E.3.a,
(Regional Haze SIP) Rich Burn Reciprocating Internal Combustion Engines;
adopted January 7, 2011; effective February 14, 2011.
(125) On August 21, 2006, the State of Colorado submitted revisions
to 5 CCR
[[Page 685]]
1001-5, Regulation Number 3, Air Pollution Emission Notice and
Permitting Requirements. The August 21, 2006, submittal included
renumbering and deletions of Regulation Number 3. The incorporation by
reference in paragraphs (c)(125)(i)(A) and (B) of this section reflect
the renumbered sections, deletions and reference changes as of the
August 21, 2006, submittal.
(i) Incorporation by reference
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Contaminant Emission Notice Requirements, Part C, Concerning
Operating Permits, Section I, Applicability, I.A., Definitions;
I.A.7.j., adopted December 15, 2005 and effective March 2, 2006.
(B) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Contaminant Emission Notice Requirements, Part D, Concerning
Major Stationary Source New Source Review and Prevention of Significant
Deterioration, adopted December 15, 2005 and effective March 2, 2006:
(1) Section I, Applicability, I.A., General Applicability; I.A.2.,
I.B., Applicability Tests; I.B.3., I.B.4.
(2) Section II, Definitions; II.A.; II.A.1., Actual Emissions;
II.A.1.d.; II.A.11., Complete; II.A.12., Construction; II.A.13.,
Emissions Unit; II.A.14., Electric Utility Steam Generating Unit;
II.A.15., Federal Land Manager (FLM); II.A.16., High Terrain; II.A.17.,
Hydrocarbon combustion flare; II.A.18., Innovative Control Technology;
II.A.19., Low Terrain; II.A.20., Lowest Achievable Emission Rates (LAER)
(excluding underlined text); II.A.21., Major Emissions Unit; II.A.22.,
Major Modification (excluding II.A.22.a. and underlined text); II.A.23.,
Major Source Baseline Date; II.A.24., Major Stationary Source (excluding
II.A.24.d. and underlined text); II.A.25., Minor Source Baseline Date;
II.A.26., Net Emissions Increase (excluding underlined text); II.A.27.,
Nonattainment Major New Source Review (NSR) Program; II.A.28., PAL
Effective Date; II.A.29., PAL Effective Period; II.A.30., PAL Major
Modification; II.A.31., PAL Permit; II.A.32., PAL Pollutant; II.A.33.,
Plantwide Applicability Limitation (PAL); II.A.34., Prevention of
Significant Deterioration (PSD) Permit; II.A.35., Project; II.A.36.,
Projected Actual Emissions; II.A.37., Reactivation of Very Clean Coal-
fired Electric Utility Steam Generating Unit; II.A.38., Regulated NSR
Pollutant (excluding II.A.38.c.); II.A.39., Replacement Unit; II.A.40.,
Repowering (excluding underlined text); II.A.41., Secondary Emissions;
II.A.42., Significant (excluding II.A.42.a.) ; II.A.43., Significant
Emissions Increase; II.A.44., Significant Emissions Unit; II.A.45.,
Small Emissions Unit; II.A.46., Temporary Clean Coal Technology
Demonstration Project; XV., Actual PALs.
(ii) Additional material.
(A) Notice of Final Adoption, dated 12/15/2005, signed by Douglas A.
Lempke, Administrator, for revisions made to Regulation Number 3, Air
Pollution Emission Notice and Permitting Requirements.
(126) On May 11, 2012 and May 13, 2013 the State of Colorado
submitted revisions to the State Implementation Plan that incorporate
the required elements of the 2008 PM2.5 NSR Implementation
Rule and the 2010 PM2.5 Increment Rule.
(i) Incorporation by reference
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration, Section II, Definitions, Section II.A.5, Baseline Area,
II.A.5.a. and II.A.5.b.; Section II.A.23., Major Source Baseline Date,
II.A.23.a. and II.A.23.b.; II.A.25., Minor Source Baseline Date,
II.A.25.a., II.A.25.b. introductory text, and II.A.25.b.(i); II.A.38,
Regulated NSR Pollutant, II.A.38.c., II.A.38.g.; II.A.42., Significant,
II.A.42.a.; Section X, Air Quality Limitations, X.A., Ambient Air
Increments, X.A.1., effective on 12/15/11.
(B) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration, Section II, Definitions, II.A.23., Major Source Baseline
Date, II.A.23.c., effective on 2/15/13.
(127) On June 11, 2008, June 18, 2009, and May 25, 2011 the State of
Colorado submitted revisions to 5 CCR 1001-5, Regulation 3, Parts A, B,
and D. The June 11, 2008 and June 18, 2009 submittals incorporated
changes to fee
[[Page 686]]
amounts which the State charges for the processing and annual renewal of
air emission permits. These fees support Colorado's construction and
operating permit programs. EPA is approving fees submitted by the State
on June 18, 2009, which superseded changes submitted on June 11, 2008,
to the extent that the fees support the construction permit program. EPA
is also approving revisions made to 5 CCR 1001-5, Regulation 3, Parts A,
B, and D submitted by the State on May 25, 2011 for Parts A, B and D.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part A, Concerning
General Provisions Applicable to Reporting and Permitting, VI. Fees,
VI.D. Fee Schedule, VI.D.1.; adopted September 18, 2008 and effective
October 30, 2008.
(B) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part A, Concerning
General Provisions Applicable to Reporting and Permitting, except
Section II., Air Pollutant Emission Notice (APEN) Requirements, II.D.,
Exemptions from Air Pollutant Emission Notice Requirements, Section
II.D.1.sss, II.D.1.ttt, II.D.1.xxx, and II.D.1.ffff; and Section VI.,
Fees, VI.D., Fee Schedule, VI.D.1., adopted February 21, 2008 and
effective April 30, 2008.
(C) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part B, Concerning
Construction Permits; adopted February 21, 2008 and effective April 30,
2008.
(D) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration; adopted February 21, 2008 and effective April 30, 2008:
(1) Excluding underlined text in Section II, Definitions, Section
II.A.1., Actual Emissions, II.A.1.a., II.A.1.c., and II.A.1.e.; II.A.8.,
Best Available Control Technology (BACT), first paragraph; II.A.20.,
Lowest Achievable Emissions Rate (LAER), II.A.20.b.; II.A.22., Major
Modification, introductory paragraph; II.A.24., Major Stationary Source,
II.A.24.b.; II.A.26., Net Emissions Increase, II.A.26.a.(i) and
II.A.26.g.(iii); II.A.40.5, Representative Actual Annual Emissions,
introductory paragraph and II.A.40.5(a); and, VI. Requirements
applicable to attainment and unclassifiable areas and pollutants
implemented under Section 110 of the Federal Act (Prevention of
Significant Deterioration Program), VI.A. Major Stationary Sources and
Major Modifications, VI.A.1., Control Technology Review, VI.A.1.c.; and
(2) With the following exceptions: Section II, Definitions, Section
II.A.5., Baseline Area, II.A.5.a. and II.A.5.b.; Section II.A.23., Major
Source Baseline Date; II.A.25., Minor Source Baseline Date, II.A.25.a.,
II.A.25.b., introductory text, and II.A.25.b(i); II.A.38, Regulated NSR
Pollutant, II.A.38.c.; II.A.42., Significant, II.A.42.a.; Section X, Air
Quality Limitations, X.A., Ambient Air Increments, X.A.1.
(128) On May 25, 2011, the State of Colorado submitted revisions to
5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, parts A, B, and D. The May 25,
2011 submittal addresses the permitting of sources of greenhouse gases
(GHGs). The revisions to portions of parts A, B, and D incorporate the
provisions of the Prevention of Significant Deterioration (PSD) and
Title V Greenhouse Gas Tailoring Rule. The revisions establish
thresholds for determining which new stationary sources and
modifications to existing stationary sources become subject to
Colorado's PSD permitting requirements for their GHG emissions. These
revisions are consistent with federal requirements for PSD permitting.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part A, Concerning
General Provisions Applicable to Reporting and Permitting, I.B.,
Definitions, I.B.10, Carbon Dioxide Equivalent (CO2e); I.B.23.,
Greenhouse Gas (GHG); I.B.25., Major Source, I.B.25b; and I.B.44.,
Subject to Regulation; VI., Fees, VI.D., Fee Schedule; Part B,
Concerning Construction Permits, II.A.4. and II.A.7; Part D, Concerning
[[Page 687]]
Major Stationary Source New Source Review and Prevention of Significant
Deterioration, II., Definitions, II.A., introductory paragraph, II.A.8,
Best Available Control Technology (BACT); II.A.22., Major Modification;
II.A.24., Major Stationary Source; II.A.24.a., introductory paragraph,
II.A.24.a.(ii); II.A.24.b.; II.A.38., Regulated NSR Pollutant,
II.A.38.e. and II.A.38.f.; adopted October 21, 2010 and effective
December 15, 2010.
[37 FR 10855, May 31, 1972. Redesignated and amended at 80 FR 58209,
Sept. 28, 2015]
Editorial Note: For Federal Register citations affecting Sec.
52.354, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Subpart H_Connecticut
Sec. 52.369 [Reserved]
Sec. 52.370 Identification of plan.
(a) Title of plan: ``State of Connecticut Air Implementation Plan.''
(b) The plan was officially submitted on March 3, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory addition to the plan and addition
of amendment to Chapter 360 of General Statutes which provides authority
for delegation of enforcement authority submitted on March 21, 1972, by
the Connecticut Department of Environmental Protection.
(2) Miscellaneous non-regulatory additions to the plan submitted on
April 6, 1972, by the Connecticut Department of Environmental
Protection.
(3) Attainment dates submitted on August 10, 1972, by the
Connecticut Department of Environmental Protection.
(4) Regulation 19-508-100 requiring a review of indirect sources
submitted on January 9, 1974, by the Connecticut Department of
Environmental Protection.
(5) AQMA identification material submitted on April 15, 1974, by the
Connecticut Department of Environmental Protection.
(6) Indirect Source Review Regulation 19-508-100 resubmitted on
August 26, 1974, by the Connecticut Department of Environmental
Protection.
(7) [Reserved]
(8) Revision to Chapter 8, Air Quality Surveillance, submitted on
June 30, 1977, by the Governor.
(9) Revision to Indirect Source Review Regulation 19-508-100
submitted on June 13, 1977, by the Connecticut Department of
Environmental Protection.
(10) A revision to Regulation 19-508-19(a)(2)(i) submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on April 16, 1979, granting a variance until April 1, 1981, to Northeast
Utilities.
(11) State Implementation Plan revisions to meet the requirements of
part D of the Clean Air Act, as amended in 1977, were submitted on June
22, 1979, and received on June 27, 1979; submitted on December 18, 1979
and received on December 28, 1979; submitted on January 28, 1980, and
received on February 1, 1980; submitted and received on May 1, 1980;
submitted and received on June 5, 1980; submitted on September 2, 1980,
and received on September 8, 1980; and submitted and received on
November 12, 1980. Included are plans to attain: The primary TSP
standard in Greenwich and Waterbury and the carbon monoxide and ozone
standards statewide. 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 revision to Regulation 19-508-19(a)(2)(i), submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on September 8, 1980, granting a variance until March 27, 1983, to the
Federal Paperboard Company, Inc.
(13) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the Connecticut
Department of Environmental Protection Commission on June 9, 1980, and
November 17, 1980.
(14) Non-regulatory additions to the plan which were submitted on
December 19, 1980, and amended on March 11, 1981, by the Connecticut
Department of Environmental Protection amending the sulfur control
strategy to include an ``Air Pollution Control/Energy
[[Page 688]]
Trade Option'' except for submittal attachments 1 and 2, ``Sulfur
Dioxide'' and ``Transport of Sulfur Dioxide'' and the section of
attachment 3 ``Control of Sulfur Oxides'' entitled ``Sample Analysis of
a Btu Bubble Application''.
(15) Non-regulatory addition to the plan of the state New Source
Ambient Impact Analysis Guideline, for use in State program actions,
submitted on December 19, 1980, and amended on March 11, 1981, and July
15, 1981.
(16) Revisions to regulation 19-508-4 (source monitoring
requirements) and regulation 19-508-5 (stack emissions testing)
submitted on November 7, 1977, by the Commissioner of the Connecticut
Department of Environmental Protection.
(17) A revision to Regulation 19-508-19(a)(2)(i), submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on June 23, 1981, granting a temporary variance to Uniroyal Chemical,
Division of Uniroyal, Inc.
(18) Revisions to Regulation 19-508-19 (Control of Sulfur Compound
Emissions), Regulation 19-508-24 (Connecticut Primary and Secondary
Standards), and accompanying narrative submitted by the Commissioner of
the Connecticut Department of Environmental Protection on October 23,
1981, and November 4, 1981.
(19) Revisions submitted by the Commissioner of the Connecticut
Department of Environmental Protection on November 16, 1981. These
provisions supersede portions of the revisions identified under
paragraph (c)(18).
(20) Revisions to meet the requirements of part D and certain other
sections of the Clean Air Act, as amended, were submitted on December
15, 1980, May 29, 1981, and May 5, 1982. Included are changes to the
State Ozone Control Plan involving adoption of Regulation 19-508-20(k)
controlling the use of cutback asphalt, the approval of the RFP
demonstration for ozone attainment, a refined inventory of miscellaneous
stationary sources of Volatile Organic Compounds, changes to Regulation
19-508-3(1) dealing with review of new and modified stationary sources,
and an amendment to the State's Smoke and Opacity monitoring
requirements.
(21) [Reserved]
(22) Revisions to the narrative and State Regulation 19-508-18,
subparts (d), f(1), f(2), and part of f(3), governing total suspended
particulate emissions, submitted by the Commissioner of the Connecticut
Department of Environmental Protection on April 8, 1982.
(23) Regulation 19-508-20(cc), Alternative Emission Reductions as it
applies to Regulation 19-508-20: (m), can coating; (n), coil coating;
(o), fabric and vinyl coating; (p), metal furniture coating; (q), paper
coating; (r), wire coating; (s), miscellaneous metal parts; (t),
manufacture of synthesized pharmaceutical products and (v), graphic
arts--rotogravure and flexography, was submitted on December 15, 1980,
and January 11, 1982, by the Commissioner of the Department of
Environmental Protection.
(24) Revision for Sikorsky Aircraft Division of United Technologies
received from the Commissioner of the Connecticut Department of
Environmental Protection on June 2 and July 16, 1982. This provision
supersedes a portion of the revisions identified under (c)(18).
(25) Revisions to meet ozone attainment requirements of Part D
(Group II CTG regulations), the adoption of a lead standard and the
revision of the ozone standard, submitted on December 15, 1980, are
approved as follows: Regulations 19-508-20 (s), (t), (v), (w), (aa),
(bb), and (dd), Regulation 19-508-8 and Regulation 19-508-24(i)(l).
(26) Revision for Dow Chemical U.S.A. in Gale's Ferry submitted by
the Commissioner of the Connecticut Department of Environmental
Protection on December 20, 1982, including state order 7002B signed on
May 27, 1982. This provision supersedes a portion of the revisions
identified under paragraph (c)(18).
(27) Revision for Lydall and Foulds Division of Lydall, Inc.,
submitted by the Commissioner of the Connecticut Department of
Environmental Protection on December 17, 1982, and January 5, 1983,
allowing the facility to burn higher sulfur oil under the State Energy
Trade Program.
(28) Revision for Simkins Industries, Inc., in New Haven submitted
by the Commissioner of the Connecticut Department of Environmental
Protection
[[Page 689]]
on January 19, 1983, allowing the facility to burn higher sulfur oil
under the Sulfur Energy Trade Program.
(29) Attainment plan revisions to meet the requirements of Part D
for ozone were submitted by the Department of Environmental Protection
on December 10, 1982, and May 19, 1983. These revisions control volatile
organic compound (VOC) emissions from solvent metal cleaners through
emission limitations contained in Regulation 19-508-20(1) and supporting
narrative committing the DEP to implement an educational program for
automobile repair facilities. Approval of these revisions allowed EPA to
rescind the moratorium on construction and modification of major sources
of VOCs which had been in effect since October 1982.
(30) Revision for Loomis Institute in Windsor, submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on March 30 and July 13, 1983, allowing the facility to burn 2.0 percent
sulfur oil under the Sulfur Energy Trade Program.
(31) Revisions demonstrating the attainment and maintenance of the
lead standard were submitted on October 18, 1983.
(32) Attainment plan revisions to meet the requirements of part D
for ozone and carbon monoxide were submitted by the Department of
Environmental Protection on December 10, 1982, January 7, 1983, January
21, 1983, May 19, 1983, June 15, 1983, September 19, 1983, and December
15, 1983. The revisions control volatile organic compound (VOC) and
carbon monoxide emissions through a mix of stationary and mobile source
controls. EPA approval includes the following regulatory provisions:
(i) Regulation 22a-174-20(ee) limiting emissions from major nonCTG
source categories, and
(ii) Regulations 22a-174-27 and 14-164c describing the requirements
for Connecticut's motor vehicle Inspection and Maintenance Program.
(33) Revision to Regulation 19-508-20(cc), ``Alternative Emission
Reductions'' [made part of the SIP under paragraph (c)(23) of this
section] to add Regulation 19-508-20(ee) to the list of VOC regulations
that may be met by bubbling under Connecticut's generic rule after
source-specific RACT determinations have been made part of the SIP.
Revisions requiring sources subject to Regulation 19-508-20(ee) to
comply with 19-508-20 (aa), (bb), and (dd). These revisions were
submitted by the Connecticut Department of Environmental Protection on
September 20, 1983.
(34) Revisions to the Ozone Attainment Plan were submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on April 22, 1985.
(i) Incorporation by reference. (A) Amendments to Regulation 22a-
174-1, Definitions; Regulation 22a-174-20(a), Storage of Volatile
Organic Compounds; Regulation 22a-174-20(b), Loading of Gasoline and
Other Volatile Organic Compounds; and Regulation 22a-174-20(k),
Restrictions on Cutback Asphalt, effective December 17, 1984.
(ii) Additional material. (A) Source Test Guidelines and Procedures.
(B) Workshop Manual for Gasoline Tank Truck Certification.
(C) Appendix B of Control of Volatile Organic Compound Leaks from
Gasoline Tank Trucks and Vapor Collection Systems (EPA-450/2-78-051).
(35) Revisions to the State Implementation Plan were submitted
December 15, 1980, and May 16, 1985, by the Commissioner of the
Department of Environmental Protection.
(i) Incorporation by reference. (A) Amendments to Department of
Environmental Protection Regulation 19-508-24(a)(4), ``Acceptable
Method'' adopted by the State on October 8, 1980.
(ii) Additional material. (A) A letter dated May 16, 1985,
certifying that an ``Acceptable Method'' shall be interpreted to mean
that any monitoring method used to collect ambient air pollution data
used for attainment status evaluation or designation must be approved by
EPA.
(36) Revision to the State Implementation Plan submitted on April
18, 1986, by the Commissioner of the Department of Environmental
Protection.
(i) Incorporated by reference. (A) State Order No. 943 for
Connecticut Charcoal Co., effective April 18, 1986, establishing and
requiring reasonably available control technology for the control
[[Page 690]]
of volatile organic compounds from this facility.
(37) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on April 18, 1986,
and February 3, 1987.
(i) Incorporation by reference. (A) State Order No. 944 for King
Industries, Inc. dated April 18, 1986, which establishes and requires
reasonably available control technology for the control of volatile
organic compounds from this facility.
(B) A letter from the Connecticut Department of Environmental
Protection dated February 3, 1987, which states that the effective date
of State Order No. 944 is May 28, 1986.
(38) Revisions to the State Implementation Plan were submitted by
the Connecticut Department of Environmental Protection (DEP) on April
14, 1987.
(i) Incorporation by reference. (A) Letter dated April 14, 1987,
from the Connecticut Department of Environmental Protection submitting
revisions to the State Implementation Plan for EPA approval.
(B) Letter dated April 1, 1987, from the Secretary of State of
Connecticut to EPA.
(C) Section 22a-174-20(x) of Connecticut's Regulations for the
Abatement of Air Pollution titled, ``Control of Volatile Organic
Compound Leaks from Synthetic Organic Chemical & Polymer Manufacturing
Equipment,'' effective April 1, 1987.
(D) Section 22a-174-20(y) of Connecticut's Regulations for the
Abatement of Air Pollution titled, ``Manufacture of Polystyrene
Resins,'' effective April 1, 1987.
(E) Amendments to subsection 22a-174-20(bb) of Connecticut's
Regulations for the Abatement of Air Pollution titled, ``Compliance
Methods,'' effective April 1, 1987.
(ii) Additional material. (A) Letter from the Connecticut DEP dated
July 3, 1986, committing the Connecticut DEP to use only EPA approved
test methods when requiring the testing of sources emitting volatile
organic compound emissions.
(B) Letter from the Connecticut DEP dated May 29, 1987, certifying
that there are no polypropylene or high-density polyethylene
manufacturers in the State of Connecticut.
(39) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on August 24, 1987.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated August 24, 1987, submitting
a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8007 for Belding Corticelli Thread Company dated
July 13, 1987.
(40) [Reserved]
(41) Revision to the Connecticut State Implementation Plan submitted
by the Commissioner of the Department of Environmental Protection on
February 3, 1987.
(i) Incorporation by reference. (A) A letter from the Connecticut
Department of Environmental Protection dated February 3, 1987, which
states that the effective date of State Order No. 943, approved
previously, for Connecticut Charcoal Co. is May 28, 1986.
(42) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on October 27, 1987.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated October 27, 1987,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8013 and attached Compliance Timetable for
Raymark Industries, Incorporated in Stratford, Connecticut effective on
September 24, 1987.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonably available control technology
determination imposed on the facility.
(43) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 5, 1988.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated February 5, 1988,
submitting a revision
[[Page 691]]
to the Connecticut State Implementation Plan.
(B) State Order No. 8012 and attached Compliance Timetable, Appendix
A (allowable limits on small, uncontrolled vents), and Appendix B
(fugitive leak detection program) for American Cyanamid Company in
Wallingford, Connecticut. State Order No. 8012 was effective on January
6, 1988.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonably available control technology
determination imposed on the facility.
(44) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on August 31, 1987.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated August 31, 1987, submitting
a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8008 and attached Compliance Timetable and
Appendix A (allowable limits by product classification) for Spongex
International, Ltd. in Shelton, Connecticut. State Order No. 8008 was
effective on August 21, 1987.
(ii) Additional materials. (A) Technical Support Document prepared
by the Connecticut Department of Environmental Protection providing a
complete description of the reasonably available control technology
determination imposed on the facility.
(45) [Reserved]
(46) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on July 26, 1988.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated July 26, 1988, submitting a
revision to the Connecticut State Implementation Plan.
(B) State Order No. 8023 and attached Compliance Timetable for New
Departure Hyatt, Division of General Motors Corporation in Bristol,
Connecticut. State Order No. 8023 was effective on July 8, 1988.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonably available control technology
determination imposed on the facility.
(47) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 5, 1987.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated November 5, 1987,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8001 and attached Compliance Timetable for
Frismar, Incorporated in Clinton, Connecticut. State Order No. 8001 was
effective on October 20, 1987.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the alternative reasonably available control
technology determination imposed on the facility.
(48) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 5, 1988.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated December 5, 1988,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8011 and attached Compliance Timetable and
Appendix A (allowable limits by product classification) for Dow
Chemical, U.S.A. in Gales Ferry, Connecticut. State Order No. 8011 was
effective on October 27, 1988.
(C) State Order No. 8011, which was approved in paragraph
(c)(48)(i)(B), is removed without replacement; see paragraph
(c)(115)(i)(C).
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonable available control technology
determination imposed on the facility.
(49) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 11, 1989.
[[Page 692]]
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated January 11, 1989,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8010 and attached Compliance Timetable for
Stanadyne, Incorporated in Windsor, Connecticut. State Order No. 8018
was effective on January 3, 1989.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonably available control technology
determination imposed on the facility.
(50) Revisions to federally approved section 22a-174-20(a) of the
Regulations of Connecticut State Agencies, submitted on January 27,
1989, by the Department of Environmental Protection, 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 Connecticut may grant. In 1989, the control period will
begin on June 30.
(51) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection (DEP) on April 7,
1989.
(i) Incorporation by reference. (A) Letter from the Connecticut DEP
dated April 7, 1989, submitting a revision to the Connecticut State
Implementation Plan.
(B) State Order No. 8014 and attached Compliance Timetable for Pratt
& Whitney Division of United Technologies Corporation in East Hartford,
Connecticut. State Order No. 8014 was effective on March 22, 1989.
(C) State Order No. 8027 and attached Compliance Timetable for Pratt
& Whitney Division of United Technologies Corporation in North Haven,
Connecticut. State Order No. 8027 was effective on March 31, 1989.
(D) State Order No. 8014, which was approved in paragraph
(c)(51)(i)(B), is removed without replacement; see paragraph
(c)(115)(i)(D).
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut DEP providing a complete description of the reasonably
available control technology determination imposed on Pratt and
Whitney's East Hartford facility.
(B) Technical Support Document prepared by the Connecticut DEP
providing a complete description of the reasonably available control
technology determination imposed on Pratt and Whitney's North Haven
facility.
(52) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 7 and
August 30, 1989.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated February 7, 1989,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8021 and attached Compliance Timetable, and
Appendix A (allowable limits on small, uncontrolled vents and allowable
outlet gas temperatures for surface condensers) for Pfizer, Incorporated
in Groton, Connecticut. State Order No. 8021, Compliance Timetable and
Appendix A were effective on December 2, 1988.
(C) Letter from the Connecticut Department of Environmental
Protection dated August 30, 1989, and reorganized Appendix C (fugitive
leak detection program) and Appendix D (operation and maintenance
program for pollution abatement equipment) to State Order No. 8021.
Appendices C and D were effective on December 2, 1988.
(D) State Order No. 8021, which was approved in paragraph
(c)(52)(i)(B), and appendices C and D to State Order No. 8021, which
were approved in paragraph (c)(52)(C), are removed without replacement;
see paragraph (c)(115)(i)(E).
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonably available control technology
determination imposed on the facility.
(53) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on September 8, 1989.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated
[[Page 693]]
September 8, 1989, submitting a revision to the Connecticut State
Implementation Plan.
(B) State Order No. 8009 and attached Compliance Timetable, Appendix
A, Appendix B, and Appendix C for Uniroyal Chemical Company, Inc. in
Naugatuck, Connecticut. State Order No. 8009 was effective on September
5, 1989.
(C) State Order No. 8009, which was approved in paragraph
(c)(53)(i)(B), is removed without replacement; see paragraph
(c)(115)(i)(F).
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonably available control technology
determination imposed on the facility.
(54) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 22, 1989.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated December 22, 1989,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8029, attached Compliance Timetable, and Tables
A through I for Hamilton Standard Division of United Technologies
Corporation in Windsor Locks, Connecticut. State Order No. 8029 was
effective on November 29, 1989.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut DEP providing a complete description of the reasonably
available control technology determination imposed on Hamilton Standard.
(55) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 10, 1990.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated January 10, 1990,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8032 and attached Compliance Timetable for the
Heminway & Bartlett Manufacturing Company in Watertown, Connecticut.
State Order No. 8032 was effective on November 29, 1989.
(C) State Order No. 8032, which was approved in paragraph
(c)(55)(i)(B), is removed without replacement; see paragraph
(c)(115)(i)(G).
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut DEP providing a complete description of the reasonably
available control technology determination imposed on The Heminway &
Bartlett Manufacturing Company.
(56) Revisions of the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 19, 1989,
July 28, 1989, and January 26, 1990 (with attached letter of November
28, 1989).
(i) Incorporation by reference. (A) Letters from the Connecticut
Department of Environmental Protection dated January 19, 1989, July 28,
1989, and January 26, 1990, (with attached letter of November 28, 1989)
submitting revisions to the Connecticut State Implementation Plan.
(B) Section 22a-174-1 of the Regulations of the Connecticut State
Agencies Concerning Abatement of Air Pollution entitled ``Definitions,''
effective in the State of Connecticut on October 3, 1989.
(C) Subsection 22a-174-3(k) of the Regulations of the Connecticut
State Agencies Concerning Abatement of Air Pollution entitled
``Requirements for the Prevention of Significant Deterioration (PSD)
Program,'' effective in the State of Connecticut on October 3, 1989.
(D) Section 22a-174-2, subsections 22a-174-3(a) through (j) and (l),
subsection 22a-174-8(c), subsection 22a-174-20(ee), and subsection 22a-
174-4(d) of the Regulations of the Connecticut State Agencies Concerning
Abatement of Air Pollution entitled ``Permits to Construct and Permits
to Operate Stationary Sources or Modifications,'' effective in the State
of Connecticut on February 1, 1989.
(E) Connecticut's Ambient Impact Analysis Guideline dated July 1989
as revised by letter on January 26, 1990.
(ii) Additional materials. (A) State Implementation Plan narrative
entitled ``New Source Review.''
[[Page 694]]
(B) Letter from the Connecticut Department of Environmental
Protection regarding implementation of BACT.
(C) Nonregulatory portions of the State Submittal.
(57) [Reserved]
(58) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 9, 1989,
and September 12, 1991.
(i) Incorporation by reference. (A) Letters from the Connecticut
Department of Environmental Protection dated November 9, 1989, and
September 12, 1991, submitting revisions to the Connecticut State
Implementation Plan.
(B) Section 22a-174-20 of the Regulations of the Connecticut
Department of Environmental Protection Concerning Abatement of Air
Pollution, effective October 31, 1989, except for the last sentence of
22a-174-20(aa)(7).
(59) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on March 24 and April
23, 1992.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated April 14, 1992, submitting
a revision to the Connecticut State Implementation Plan.
(B) State Order No. 1073B and attached compliance timetable for the
Stone Connecticut Paperboard Corporation of Uncasville, CT. State Order
No. 1073B was effective on February 14, 1992.
(C) Letter from the Connecticut Department of Environmental
Protection dated March 24, 1992, submitting a revision to the
Connecticut State Implementation Plan.
(D) State Order No. 7016A and attached compliance timetable for the
Hartford Hospital of Hartford, CT. State Order No. 7016A was effective
on February 5, 1992.
(ii) Additional materials. (A) Memorandum dated August 17, 1989,
approving the modeling analysis for the Stone Container Co.
(B) Modeling Study dated August 9, 1989, for the Stone Container Co.
(C) State Order No 1073A, dated June 12, 1990, and effective July 9,
1990.
(D) Memorandum dated January 3, 1990, approving the modeling
analysis for the Hartford Hospital.
(E) Modeling study dated December 28, 1989, for the Hartford
Hospital.
(60) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 16, 1996.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated February 16, 1996,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8010 dated October 25, 1989 for Sikorsky
Aircraft Corporation, effective on January 29, 1990, as well as Addendum
A and Addendum B to Order No. 8010, effective on February 7, 1996 and
September 29, 1995, respectively. The State order and two addenda define
and impose RACT on certain VOC emissions at Sikorsky Aircraft
Corporation in Stratford, Connecticut
(C) State Order No. 8010, which was approved in paragraph
(c)(60)(i)(B), is removed without replacement; see paragraph
(c)(115)(i)(H).
(61) Revisions to the State Implemetation Plan submitted by the
Connecticut Department of Environmental Protection on February 28, 1991.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated February 28, 1991,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 7017 and attached compliance timetable for the
Connecticut Light and Power Company of Montville, Connecticut. State
Order No. 7017 was effective on February 25, 1991.
(ii) Additional materials. (A) Memorandum dated September 14, 1990,
approving the modeling analysis for Connecticut Light and Power.
(B) Letter dated April 23, 1991, confirming that the revised
configuration approved by State Order No. 7017 will not lead to
violations.
(C) Modeling Study dated January 26, 1990, for Connecticut Light and
Power.
[[Page 695]]
(62) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 12, 1993.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection, dated January 12, 1993,
submitting a revision to the Connecticut State Implementation Plan.
(B) Section 22a-174-30 of the Connecticut Regulations for the
Abatement of Air Pollution, entitled ``Dispensing of Gasoline/Stage II
Vapor Recovery,'' dated November 1992.
(C) Letter from the Connecticut Secretary of State's office
indicating that the regulation entitled ``Dispensing of Gasoline/Stage
II Vapor Recovery'' became effective on November 24, 1992.
(ii) Additional materials. (A) Nonregulatory portions of the
submittal.
(B) Connecticut Department of Environmental Protection document
entitled ``Narrative of SIP Revision: Stage II Vapor Recovery,'' dated
January 1993.
(63) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on March 11, 1993.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated March 11, 1993, submitting
a revision to the Connecticut State Implementation Plan.
(B) Connecticut State Order No 7019 dated March 11, 1993, and
effective in the State of Connecticut on February 19, 1993.
(ii) Additional materials. (A) Air Quality Modeling Analysis to
Demonstrate SO2 CAAQS/NAAQS Compliance at the Hamilton
Standard Division of United Technologies Corporation Windsor Locks CT;
June 1991.
(64) [Reserved]
(65) Revisions to the State Implementation Plan establishing a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program were submitted by the Connecticut Department of
Environmental Protection on January 12 and August 9, 1993.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated January 12, 1993,
submitting a revision to the Connecticut State Implementation Plan.
(B) Revisions to the State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program dated January 1993 and effective on January 12, 1993.
(C) Letter from the Connecticut Department of Environmental
Protection dated August 9, 1993, clarifying and updating the January 12,
1993, submittal.
(ii) Additional materials. (A) Letter from the Connecticut
Department of Environmental Protection dated April 6, 1994, clarifying
the January 12, 1993, submittal.
(B) Other non-regulatory portions of the State's submittal.
(66) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 12, 1993.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated January 12, 1993 submitting
a revision to the Connecticut State Implementation Plan.
(B) Section 22a-174-4(c)(1) of Connecticut Regulations for the
Abatement of Air Pollution, under the section entitled ``Recordkeeping
and Reporting.'' Section 22a-174-4(c)(1) was previously numbered as 19-
508-4(c)(1) in Connecticut's SIP. 19-508-4(c)(1) in Connecticut's SIP.
19-508-4 became effective in the State of Connecticut on October 31,
1977. Connecticut developed an emission statement program using the
existing regulatory authority given by section 22a-174-4(c)(1) under the
section entitled ``Reporting and Recordkeeping''.
(ii) Additional information. (A) State implementation Plan narrative
entitled ``Revision to State Implementation Plan for Air Quality
Emission Statements'' which addresses emission statement requirements
not discussed specifically in Section 22a-174-4(c)(1).
(B) Nonregulatory portions of the submittal.
(67) [Reserved]
(68) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental
[[Page 696]]
Protection on March 24, 1994, May 20, 1994, and March 4, 1994.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated March 24, 1994 submitting a
revision to the Connecticut State Implementation Plan.
(B) Letter from the Connecticut Department of Environmental
Protection dated May 20, 1994 submitting a supplemental revision to the
Connecticut State Implementation Plan.
(C) State Order No. 8073: State of Connecticut vs. City of New Haven
(effective September 24, 1993) and attached plan titled ``Remedial
Action Plan for Prevention of Airborne Particulate Matter and Fugitive
Discharge of Visible Emissions in the Alabama Street/East Shore Parkway
Area of New Haven.''
(D) State Order No. 8074: State of Connecticut vs. Waterfront
Enterprises, Inc. (effective November 5, 1993) and attached plan titled
``Proposed Operation Plan in Response to Unilateral Order (September 20,
1993).''
(E) State Order No. 8075: State of Connecticut vs. Laydon
Construction, (effective September 21, 1993) and attached plan titled
``Plan for Control of Fugitive Emissions of PM10 (September 21, 1993).''
(F) State Order No. 8076: State of Connecticut vs. United
Illuminating Company (effective December 2, 1993) and attached plan
titled ``Remediation Plan for Fugitive Emissions: Alabama Street and
Connecticut Avenue, New Haven, Connecticut (November 19, 1993).''
(G) State Order No. 8076c: State of Connecticut vs. M. J. Metals,
Inc. (effective June 18, 1993).
(H) State Order No. 8078: State of Connecticut vs. New Haven
Terminal, Inc. (effective November 15, 1993) and attached plan titled
``Fugitive Dust Control Plan (Revised January 19, 1994).''
(I) State Order No. 8079: State of Connecticut vs. Yankee Gas
Services Company (effective September 24, 1993) and attached plan titled
``Revised Compliance Plan for Consent Order No. 8079 (August 31,
1993).''
(J) Letter from the Connecticut Department of Environmental
Protection dated March 4, 1994 (received March 16, 1995) submitting two
amendments to the Regulations of Connecticut State Agencies concerning
abatement of air pollution: amended Sections 22a-174-24(f) and -24(g)
``Connecticut primary and secondary ambient air quality standards for
particulate matter'' and amended Sections 22a-174-6(a) and -6(b) `` `Air
Pollution' emergency episode procedures'' (both effective July 7, 1993).
(K) Amended Regulations of Connecticut State Agencies: amended
Sections 22a-174-24(f) and -24(g) ``Connecticut primary and secondary
ambient air quality standards for particulate matter'' and amended
Sections 22a-174-6(a) and -6(b) `` `Air Pollution' emergency episode
procedures'' (both effective July 7, 1993).
(ii) Additional materials. (A) An attainment plan and demonstration
which outlines Connecticut's control strategy and for attainment and
maintenance of the PM10 NAAQS, implements and meets RACM and RACT
requirements, and provides contingency measures for New Haven.
(B) Nonregulatory portions of the submittal.
(69) Connecticut submitted the Oxygenated Gasoline Program and
revisions on January 11, 1993, January 12, 1993, January 14, 1993, and
August 1, 1995. This submittal satisfied the requirements of section
211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference. (A) Letters dated January 11, 1993
and January 12, 1993 which included the oxygenated gasoline program,
Regulations of Connecticut State Agencies (RCSA) Section 22a-174-28,
with an effective date of November 2, 1992.
(B) A letter dated January 14, 1993 requesting that the RCSA Section
22a-174-28, as submitted on January 11, 1993 and January 12, 1993, be
adopted as part of Connecticut's SIP.
(C) A letter dated August 1, 1995, requesting that a revision to
RCSA Section 22a-174-28(a), with an effective date of July 26, 1995, be
approved and adopted as part of Connecticut's SIP.
[[Page 697]]
(ii) Additional materials. (A) The Technical Support Document for
the Redesignation of the Hartford Area as Attainment for Carbon Monoxide
submitted on September 30, 1994.
(B) Nonregulatory portions of submittals.
(70) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 13, 1995.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated January 13, 1995 submitting
a revision to the Connecticut State Implementation Plan.
(B) Amended Regulation of Connecticut State Agencies: amended
Subsection 22a-174-3(k) ``Abatement of air pollution--New Source
Review'' (effective December 2, 1994).
(ii) Additional materials. (A) Nonregulatory portions of the
submittal.
(71) Revisions to the Connecticut State Implementation Plan (SIP)
for carbon monoxide concerning the control of carbon monoxide from
mobile sources, dated January 12, 1993, January 14, 1993, April 7, 1994,
and August 1, 1995 submitted by the Connecticut Department of
Environmental Protection (CT DEP).
(i) Incorporation by reference. (A) Letter dated August 1, 1995
which included the amendments and revisions to the Regulation of
Connecticut State Agencies (RCSA), Section 22a-174-28(a) regarding the
definition for the Southwestern Control Area and that portion of the
definition of ``control period'' that applies to the Southwestern
Control Area with an effective date of July 26, 1995.
(ii) Additional materials. (A) January 12, 1993 and April 7, 1994,
VMT forecasts beginning with the year 1993 and including all subsequent
years up to the year of attainment (1995).
(B) January 12, 1993 and April 7, 1994, Carbon Monoxide Attainment
Demonstration and Contingency Measures.
(72) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on: May 18, 1995;
August 21, 1995; January 17, 1996; January 30, 1996; January 30, 1996;
January 30, 1996; January 30, 1996; June 17, 1996; June 20, 1996; June
24, 1996; July 9, 1996; July 11, 1996; February 18, 1997; March 20,
1997; March 24, 1997; March 24, 1997; March 24, 1997; March 24, 1997;
March 24, 1997; April 22, 1997; April 22, 1997; May 19, 1997; May 19,
1997; and May 20, 1997.
(i) Incorporation by reference. (A) Twenty-four letters from the
Connecticut Department of Environmental Protection dated: May 18, 1995;
August 21, 1995; January 17, 1996; June 24, 1996; January 30, 1996;
January 30, 1996; January 30, 1996; January 30, 1996; June 20, 1996;
June 17, 1996; July 11, 1996; July 9, 1996; March 24, 1997; May 19,
1997; March 24, 1997; March 20, 1997; March 24, 1997; February 18, 1997;
May 19, 1997; March 24, 1997; March 24, 1997; May 20, 1997; April 22,
1997; and April 22, 1997; submitting revisions to the Connecticut State
Implementation Plan.
(B) Connecticut Trading Agreement and Order no. 8092 issued to
United Illuminating Company's Station 3 in Bridgeport, effective on May
18, 1995.
(C) Connecticut Trading Agreement and No. 8095 issued to American
Ref-Fuel Company of Southeastern Connecticut in Preston, effective on
June 2, 1995.
(D) Connecticut Trading Agreement and Order no. 8093 issued to
Pfizer, Inc., in Groton, effective on July 19, 1995.
(E) Connecticut Trading Agreement and Order no. 8096 issued to Food
Ingredients Company in New Milford, effective on August 25, 1995.
(F) Connecticut Trading Agreement and Order no. 8106 issued to
Connecticut Light and Power Company in Middletown, effective on October
10, 1995.
(G) Connecticut Trading Agreement and Order no. 8107 issued to
Northeast Nuclear Energy Company in Waterford, effective on October 13,
1995.
(H) Connecticut Trading Agreement and Order no. 8105 issued to
Electric Boat Division of General Dynamics in Groton, effective on
October 31, 1995.
(I) Connecticut Trading Agreement and Order no. 8100 issued to
Bridgeport RESCO Company in Bridgeport, effective on November 2, 1995.
(J) Connecticut Trading Agreement and Order no. 8102 issued to
United Illuminating's auxiliary boiler in New Haven, effective on
December 15, 1995.
[[Page 698]]
(K) Connecticut Trading Agreement and Order no. 8103 issued to
United Illuminating Company's Station 4 in New Haven, effective on
February 14, 1996.
(L) Connecticut Trading Agreement and Order no. 8119 issued to the
City of Norwich, Department of Public Utilities, effective on March 4,
1996.
(M) Connecticut Trading Agreement and Order no. 8118 issued to South
Norwalk Electric Works, South Norwalk, effective on March 19, 1996.
(N) Connecticut Trading Agreement and Order no. 8101 issued to the
State of Connecticut Department of Mental Health and Addiction Services,
effective on July 16, 1996.
(O) Connecticut Trading Agreement and Order no. 8110 issued to Yale
University, effective on July 29, 1996.
(P) Connecticut Trading Agreement and Order no. 8132 issued to
Bridgeport Hospital, effective on September 10, 1996.
(Q) Connecticut Trading Agreement and Order no. 1494 issued to
Connecticut Light and Power, involving Branford, Cos Cob, Devon,
Franklin Drive, Montville, Middletown, South Meadow, Torrington, Tunnel
Road, and Norwalk Harbor Stations, effective on October 15, 1996.
(R) Connecticut Trading Agreement and Order no. 8130 issued to the
State of Connecticut Department of Public Works, effective on October
18, 1996.
(S) Connecticut Trading Agreement and Order no. 8115 issued to the
University of Connecticut in Storrs, effective on November 19, 1996.
(T) Connecticut Trading Agreement and Order no. 8113 issued to
Simkins Industries, effective on November 19, 1996.
(U) Connecticut Trading Agreement and Order no. 8135 issued to
Bridgeport Hydraulic Company, effective on December 24, 1996.
(V) Connecticut Trading Agreement and Order no. 8141 issued to the
Town of Wallingford Department of Public Utilities, effective on
December 27, 1996.
(W) Regulations 22a-174-22 ``Control of Nitrogen Oxides Emissions,''
adopted on January 23, 1997, which establishes reasonably available
control technology requirements for major stationary sources of nitrogen
oxides.
(X) Connecticut Trading Agreement and Order no. 8123 issued to the
Algonquin Gas Transmission Company, effective on April 18, 1997.
(Y) Connecticut Trading Agreement and Order no. 8116 issued to the
Connecticut Resource Recovery Authority, effective on April 22, 1997.
(ii) Additional materials. (A) Letter, dated June 18, 1996, from
Carmine DiBattista, Chief of the Bureau of Air Management for the
Connecticut DEP, to Susan Studlien, Deputy Director of the Office of
Ecosystem Protection at U.S. EPA, Region I.
(B) SIP narrative materials, dated May 1995, submitted with
Connecticut Trading Agreement and Order no. 8092 for United Illuminating
Company's Station 3 in New Haven.
(C) SIP narrative materials, dated August 3, 1995, submitted with
Connecticut Trading Agreement and Order no. 8095 for American Ref-Fuel
Company of Southeastern Connecticut in Preston.
(D) SIP narrative materials, dated December 1995, submitted with
Connecticut Trading Agreement and Order no. 8093 issued to Pfizer, Inc.,
in Groton.
(E) SIP narrative materials, dated November 1995, submitted with
Connecticut Trading Agreement and Order no. 8096 issued to Food
Ingredients Company in New Milford.
(F) SIP narrative materials, dated November 1995, submitted with
Connecticut Trading Agreement and Order no. 8106 issued to Connecticut
Light and Power Company in Middletown.
(G) SIP narrative materials, dated November 1995, submitted with
Connecticut Trading Agreement and Order no. 8107 issued to Northeast
Nuclear Energy Company in Waterford.
(H) SIP narrative materials, dated October 6, 1995, submitted with
Connecticut Trading Agreement and Order no. 8105 issued to Electric Boat
Division of General Dynamics in Groton.
(I) SIP narrative materials, dated September 29, 1995, submitted
with Connecticut Trading Agreement and Order no. 8100 issued to
Bridgeport RESCO Company in Bridgeport.
[[Page 699]]
(J) SIP narrative materials, dated December 1995, submitted with
Connecticut Trading Agreement and Order no. 8102 issued to United
Illuminating's auxiliary boiler in New Haven.
(K) SIP narrative materials, dated March 1996, submitted with
Connecticut Trading Agreement and Order no. 8103 issued to United
Illuminating Company's Station 4 in Bridgeport.
(L) SIP narrative materials, dated May 31, 1995, submitted with
Connecticut Trading Agreement and Order no. 8119 issued to the City of
Norwich, Department of Public Utilities.
(M) SIP narrative materials, dated May 31, 1995, submitted with
Connecticut Trading Agreement and Order no. 8118 issued to South Norwalk
Electric Works, South Norwalk.
(N) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8101 issued to the State of
Connecticut Department of Mental Health and Addiction Services.
(O) SIP narrative materials, dated May 1997, submitted with
Connecticut Trading Agreement and Order no. 8110 issued to Yale
University.
(P) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8132 issued to Bridgeport
Hospital.
(Q) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 1494 issued to Connecticut
Light and Power, involving Branford, Cos Cob, Devon, Franklin Drive,
Montville, Middletown, South Meadow, Torrington, Tunnel Road, and
Norwalk Harbor Stations.
(R) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8130 issued to the State of
Connecticut Department of Public Works.
(S) SIP narrative materials, dated February 1996, submitted with
Connecticut Trading Agreement and Order no. 8115 issued to the
University of Connecticut in Storrs.
(T) SIP narrative materials, dated May 1997, submitted with
Connecticut Trading Agreement and Order no. 8113 issued to Simkins
Industries.
(U) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8135 issued to Bridgeport
Hydraulic Company.
(V) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8141 issued to the Town of
Wallingford Department of Public Utilities.
(W) SIP narrative materials, dated April 1997, submitted with
Connecticut Trading Agreement and Order no. 8123 issued to the Algonquin
Gas Transmission Company.
(X) SIP narrative materials, dated April 1997, submitted with
Connecticut Trading Agreement and Order no. 8116 issued to the
Connecticut Resource Recovery Authority.
(73) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on June 3, 1996.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated June 3, 1996, submitting a
revision to the Connecticut State Implementation Plan.
(B) State Order No. 8036, dated May 6, 1996, for Risdon Corporation,
effective on that date. The State order define and impose alternative
RACT on certain VOC emissions at Risdon Corporation in Danbury,
Connecticut.
(74) A revision to the Connecticut SIP regarding ozone monitoring.
Connecticut will modify its SLAMS and its NAMS monitoring systems to
include a PAMS network design and establish monitoring sites.
Connecticut's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
(i) Incorporation by reference. (A) PAMS SIP Commitment Narrative,
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 Connecticut Department
of Environmental Protection dated March 2, 1995 submitting a revision to
the Connecticut State Implementation Plan.
(75) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 5, 1994.
[[Page 700]]
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated January 5, 1994 submitting
a revision to the Connecticut State Implementation Plan.
(B) Regulations sections 22a-174-20(s), ``Miscellaneous Metal Parts
and Products,'' sections 22a-174-20(v), ``Graphic Arts Rotogravures and
Flexography,'' sections 22a-174-20(ee), ``Reasonably Available Control
Technology for Large Sources,'' adopted and effective on November 18,
1993, which establish reasonably available control technology
requirements for major stationary sources of volatile organic compounds.
(76) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 5, 1994.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated January 5, 1994 submitting
a revision to the Connecticut State Implementation Plan.
(B) Regulation section 22a-174-32, ``Reasonably Available Control
Technology for Volatile Organic Compounds,'' adopted and effective on
November 18, 1993, which establishes reasonably available control
technology requirements for major stationary sources of volatile organic
compounds.
(ii) Additional materials. (A) Letter from Connecticut dated June
27, 1994 clarifying language in section 22a-174-32(A).
(77) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 30, 1994,
and May 8, 1998. This revision is for the purpose of satisfying the
rate-of-progress requirement of section 182(b) and the contingency
measure requirements of sections 172(c)(9) and 182(c)(9) of the Clean
Air Act, for the Greater Hartford serious ozone nonattainment area, and
the Connecticut portion of the NY-NJ-CT severe ozone nonattainment area.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated December 30, 1994,
submitting a revision to the Connecticut State Implementation Plan.
(B) Letter from the Connecticut Department of Environmental
Protection dated May 8, 1998, submitting a revision to the Connecticut
State Implementation Plan.
(78) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on June 24, 1998.
(i) Incorporation by reference. (A) State of Connecticut Regulation
of Department of Environmental Protection Section 22a-174-27, Emission
Standards for Periodic Motor Vehicle Inspection and Maintenance as
revised on March 26, 1998.
(B) State of Connecticut Regulation of Department of Motor Vehicles
Concerning Periodic Motor Vehicle Emissions Inspection and Maintenance
Section 14-164c as revised on April 7, 1998.
(ii) Additional materials. (A) Letter from the Connecticut
Department of Environmental Protection dated June 24, 1998 submitting a
revision to the Connecticut State Implementation Plan.
(B) Letter from Connecticut Department of Environmental Protection
dated November 13, 1998, submitting a revision to the Connecticut State
Implementation Plan.
(79) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 7, 1996
and February 18, 1999.
(i) Incorporation by reference. (A) Connecticut regulation section
22a-174-36, entitled ``Low Emission Vehicles'' as dated and effective by
determination of the Secretary of State on December 23, 1994.
(B) Connecticut regulation section 22a-174-36(g), entitled
``Alternative Means of Compliance via the National Low Emission Vehicle
(LEV) Program'' as dated and effective by determination of the Secretary
of State on January 29, 1999.
(ii) Additional material. (A) Letter from the Connecticut Department
of Environmental Protection dated February 7, 1996 submitting a revision
to the Connecticut State Implementation Plan for the Low Emission
Vehicle program.
(B) Letter from the Connecticut Department of Environmental
Protection
[[Page 701]]
dated February 18, 1999 submitting a revision to the Connecticut State
Implementation Plan for the National Low Emission Vehicle program to be
a compliance option under the State's Low Emission Vehicle Program.
(80) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on March 26, 1999.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated March 26, 1999, submitting
a revision to the Connecticut State Implementation Plan.
(B) Regulation section 22a-174-22a, ``The Nitrogen Oxides
(NOX) Budget Program'' adopted on December 15, 1998, and
effective on March 3, 1999. As of January 24, 2008, Section 22a-174-22a
is superseded and shall have no prospective effect. Violations of
Section 22a-174-22a that occur prior to January 24, 2008 shall continue
to be subject to enforcement, including on or after January 24, 2008, in
accordance with applicable law.
(ii) Additional materials. (A) Nonregulatory portions of the
submittals.
(81) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on May 12, 1994.
(i) Incorporation by reference. (A) ``Clean Fuel Fleet Substitute
Plan,'' prepared by the Connecticut Department of Environmental
Protection, dated May 12, 1994.
(ii) Additional materials. (A) Letter from the Connecticut
Department of Environmental Protection dated May 12, 1994 submitting a
revision to the Connecticut State Implementation Plan.
(82) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on July 11, 1997,
September 12, 1997, and December 8, 1997.
(i) Incorporation by reference. (A) Letters from the Connecticut
Department of Environmental Protection dated July 11, 1997, September
12, 1997, and December 8, 1997, submitting revisions to the Connecticut
State Implementation Plan.
(B) Trading Agreement and Order Number 8137 issued to AlliedSignal,
Inc., and U.S. Army Tank-Automotive and Armaments Command in Stratford,
effective on November 19, 1996.
(C) Trading Agreement and Order Number 8138 issued to Connecticut
Natural Gas Corporation in Rocky Hill, effective on November 19, 1996.
(D) Trading Agreement and Order Number 8114 issued to Cytec
Industries, Inc., in Wallingford, effective on December 20, 1996.
(E) Modification to Trading Agreement and Order Number 8138 issued
to Connecticut Natural Gas Corporation effective June 25, 1997.
(F) Modification to Trading Agreement and Order Number 8137 issued
to AlliedSignal, Inc., and U.S. Army Tank-Automotive and Armaments
Command in Stratford, effective July 8, 1997.
(G) Trading Agreement and Order Number 8094 issued to Ogden Martin
Systems of Bristol, Inc., in Bristol, effective on July 23, 1997.
(ii) Additional materials. (A) Nonregulatory portions of the
submittals.
(B) Policy materials concerning the use of emission credits from New
Jersey at Connecticut sources.
(83) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on October 7, 1999 to
discontinue the oxygenated gasoline program in the Connecticut portion
of the New York--N. New Jersey--Long Island Area.
(i) Incorporation by reference. (A) CTDEP; ``Abatement of Air
Pollution: Oxygenated Gasoline,''
State Regulation 22a-174-28.
(ii) Additional materials. (A) Letter from the Connecticut
Department of Environmental Protection dated October 7, 1999 submitting
a revision to the Connecticut State Implementation Plan.
(84) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on April 15, 1997,
April 20, 1998, and September 2, 1999.
(i) Incorporation by reference. (A) Section 22a-174-1(97) of the
Regulation of the Connecticut State Agencies, definition of the term
``Volatile organic compound'' or ``VOC,'' effective in the
[[Page 702]]
State of Connecticut on December 22, 1997.
(B) Section 22a-174-20(b) of the Regulation of the Connecticut State
Agencies, entitled ``Loading of gasoline and other volatile organic
compounds,'' effective in the State of Connecticut on April 1, 1998.
(C) Section 22a-174-20(l) of the Regulation of the Connecticut State
Agencies, entitled ``Metal cleaning,'' effective in the State of
Connecticut on August 23, 1996.
(D) Section 22a-174-20(s) of the Regulation of the Connecticut State
Agencies, ``Miscellaneous metal parts and products,'' effective in the
State of Connecticut on March 1, 1995.
(E) Section 22a-174-32 of the Regulation of the Connecticut State
Agencies, entitled ``Reasonably Available Control Technology (RACT) for
volatile organic compounds,'' effective in the State of Connecticut on
August 27, 1999.
(ii) Additional materials. (A) Letters from the Connecticut
Department of Environmental Protection dated April 15, 1997, April 20,
1998, and September 2, 1999 submitting revisions to the Connecticut
State Implementation Plan.
(85) [Reserved]
(86) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on September 30,
1999.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies, Section 22a-174-22b, State of Connecticut Regulation of
Department of Environmental Protection Concerning The Post-2002 Nitrogen
Oxides (NOX) Budget Program, which became effective on
September 29, 1999.
(ii) Additional materials. (A) Letter from Connecticut Department of
Environmental Protection dated September 30, 1999 submitting Regulations
of Connecticut State Agencies, Section 22a-174-22b and associated
administrative materials as a revision to the Connecticut State
Implementation Plan.
(B) The SIP narrative ``Connecticut State Implementation Plan
Revision to Implement the NOX SIP Call,'' dated September 30,
1999.
(C) Letter from Connecticut Department of Environmental Protection
dated August 1, 2002.
(D) The SIP narrative ``Connecticut State Implementation Plan
Revision to Revise the State's NOX Emissions Budget,'' dated
July 22, 2002.
(iii) Section 22a-174-22b, State of Connecticut Regulation of
Department of Environmental Protection Concerning The Post-2002 Nitrogen
Oxides (NOX) Budget Program, is fully enforceable up to and
including April 30, 2010. As of May 1, 2010, Section 22a-174-22b is
superseded and shall have no prospective effect. Violations of Section
22a-174-22b that occur prior to May 1, 2010 shall be subject to
enforcement, including on or after May 1, 2010, in accordance with
applicable law.
(87) [Reserved]
(88) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on May 19, 2000.
(i) Incorporation by reference. (A) Connecticut Trading Agreement
and Order No. 8177 issued to Wisvest Bridgeport Harbor's Unit No. 3 in
Bridgeport on May 31, 2000.
(B) Connecticut Trading Agreement and Order No. 8187 issued to
Wisvest Bridgeport Harbor's Unit No. 2 on January 12, 2000.
(C) Connecticut Trading Agreement and Order No. 8094, Modification
No. 2, issued to Ogden Martin Systems of Bristol, Inc. on May 22, 2000.
(D) Connecticut Trading Agreement and Order No. 8095, Modification
No. 2, issued to American Ref-Fuel Company of Southeastern Connecticut
in Preston on May 22, 2000.
(E) Connecticut Trading Agreement and Order No. 8100, Modification
No. 2, issued to Bridgeport Resco Company, Limited Partnership in
Bridgeport on May 22, 2000.
(F) Connecticut Trading Agreement and Order No. 8116, Modification
No. 2, issued to the Connecticut Resources Recovery Authority in
Hartford on May 22, 2000.
(G) Connecticut Trading Agreement and Order No. 8178 issued to
Wisvest's New Haven Harbor's auxiliary boiler in New Haven on May 22,
2000.
(H) Connecticut Trading Agreement and Order No. 8179 issued to
Wisvest's Bridgeport Harbor's Unit No. 4 on May 22, 2000.
[[Page 703]]
(I) Connecticut Trading Agreement and Order No. 8176, issued to
Wisvest's New Haven Harbor Station's Unit No. 1 in New Haven on May 31,
2000.
(ii) Additional materials. (A) Letter from the Connecticut
Department of Environmental Protection dated May 19, 2000, submitting a
revision to the Connecticut State Implementation Plan.
(B) SIP narrative materials, dated December 1999, submitted with
Connecticut Trading Agreement and Order Nos. 8176, 8177, 8178, 8179, and
8187.
(89) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 16, 1999.
(i) Incorporation by reference. (A) Subsection (b) of Section 14-
164c-11a of the Regulations of Connecticut State Agencies Concerning
Emissions Repairs Expenditure Requirement to Receive Waiver, adopted and
effective June 24, 1999.
(ii) Additional materials. (A) Letter from Connecticut Department of
Environmental Protection dated November 19, 1999 submitting a revision
to the Connecticut State Implementation Plan.
(B) Narrative portion of the Revision to State Implementation Plan
for Enhanced Motor Vehicle Inspection and Maintenance Program, dated
October 7, 1999.
(90) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on October 15, 2001,
to incorporate the nitrogen oxide limits and related regulatory
provisions of regulation 22a-174-38, Municipal Waste Combustors.
(i) Incorporation by reference. (A) The nitrogen oxide emission
limits and related regulatory provisions of State of Connecticut
Regulation of Department of Environmental Protection Section 22a-174-38,
Municipal Waste Combustors effective October 26, 2000, included in
sections 22a-174-38 (a), (b), (c), (d), (i), (j), (k), (l), and (m).
(B) Section 22a-174-38, subsections (a), (c), (d), (i), (j), (k),
and (l) were revised as published in the Connecticut Law Journal, volume
78, no. 17, on October 25, 2016. Subsection (d) is removed from the SIP
without replacement. See paragraph (116)(i)(A).
(ii) Additional material. (A) Letter from the Connecticut Department
of Environmental Protection dated October 15, 2001, submitting a
revision to the Connecticut State Implementation Plan.
(91) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on June 14, 2002.
(i) Incorporation by reference. (A) Connecticut's amendments to
Section 22a-174-1, Definitions except for the following sections: (4),
(18), (20), (29), (44), (45), (60), (111), (112) and, (117). These
regulations are effective in the state of Connecticut on March 15, 2002.
(B) Connecticut's new Section 22a-174-2a, Procedural Requirements
for New Source Review and Title V Permitting except for the following
sections: (a)(1) through (6); (b)(1) through (4); introduction to
(b)(5); (b)(5)(D), (F) and, the last sentence of (G); (b)(9); (c)(2);
clause after first comma `` * * * or order pursuant to section 22a-174-
33(d) of regulations of Connecticut State Agency * * * '' in the
introduction to (c)(6); (c)(6)(B) and (C); clause after first comma `` *
* * or order pursuant to section 22a-174-33(d) of Regulations of
Connecticut State Agencies * * * '' in (c)(9); reference to ``Title V''
in title of (d); (d)(4)(A) through (D); (d)(7)(A) through (D); (d)(8)(A)
and (B); reference to ``Title V'' in title of (e); (e)(2)(A) and (B);
(e)(3)(D); (e)(5)(A) through (F); reference to ``Title V permit'' in
(e)(6); reference to ``22a-174-33'' in first clause of introduction to
(f)(2); (f)(2)(F); (f)(5); (f)(6); (g)(1) and (2); (h)(1) through (3)
and; (i)(1) through (3). These regulations are effective in the state of
Connecticut on March 15, 2002.
(C) Connecticut's new Section 22a-174-3a, Permit to Construct and
Operate Stationary Sources except for the following sections: (a)(1)(C);
(c)(1)(H); (d)(3)(J) and (M); references to ``Dioxin,'' ``PCDDs'' and,
``PCDFs'' in Table 3a(i)-1 of (i)(1) and; (m)(1) through (8). These
regulations are effective in the state of Connecticut on March 15, 2002.
(ii) Additional materials. (A) Letter from the Connecticut
Department of Environmental Protection dated June
[[Page 704]]
14, 2002 submitting a revision to the Connecticut State Implementation
Plan.
(92)-(94) [Reserved]
(95) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 1, 2004
and April 4, 2006.
(i) Incorporation by reference. (A) Section 22a-174-30 of the
Connecticut Regulations for the Abatement of Air Pollution, entitled
``Dispensing of Gasoline/Stage I and Stage II Vapor Recovery,''
effective in the State of Connecticut on May 10, 2004, with the
exception of subsection (c)(5), which Connecticut did not submit as part
of the SIP revision.
(B) Section 22a-174-3b of the Connecticut Regulations for the
Abatement of Air Pollution, entitled ``Exemptions from Permitting for
Construction and Operation of External Combustion Units, Automotive
Refinishing Operations, Emergency Engines, Nonmettalic Mineral
Processing Equipment and Surface Coating Operations,'' effective in the
State of Connecticut on April 4, 2006, except for the following
subsections which Connecticut did not submit as part of the SIP
revision: (a)(1), (5), (6), (7), (10), (11), (12), (15), (17); (b)(1)
for an external combustion unit, nonmetallic mineral processing
equipment, an emergency engine or a surface coating operation; (b)(2)
for an external combustion unit, nonmetallic mineral processing
equipment, an emergency engine or a surface coating operation; (c)
External combustion unit; (e) Emergency engine; (f) Nonmetallic mineral
processing equipment; (g) Surface coating operation; and (h) Fuel sulfur
content.
(C) [Reserved]
(D) Regulation 22a-174-30, which was approved in paragraph
(c)(95)(i)(A), is removed and replaced by Regulation 22a-174-30a, see
paragraph (c)(117)(i)(B).
(ii) Additional materials. (A) Pressure Vacuum Vent Cap Test
Procedures
(B) Table 1 showing the emission reductions resulting from the
measures Connecticut adopted to meet the shortfall identified in the
Connecticut one-hour ozone attainment demonstration.
(C) Nonregulatory portions of the submittal.
(96) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on April 30, 2002,
and October 17, 2002.
(i) Incorporation by reference. (A) Consent Order No. 8229A issued
by the Connecticut Department of Environmental Protection to Hitchcock
Chair Company, Ltd., on April 15, 2002.
(B) Consent Order No. 8190 issued by the Connecticut Department of
Environmental Protection to Kimberly Clark Corporation on April 23,
2002.
(C) Consent Order No. 8200 issued by the Connecticut Department of
Environmental Protection to Watson Laboratories, Inc., on October 3,
2002.
(D) Consent Order No. 8237 issued by the Connecticut Department of
Environmental Protection to Ross & Roberts, Inc., on October 4, 2002.
(E) State Order No. 8200, which was approved in paragraph
(c)(96)(i)(C), is removed without replacement; see paragraph
(c)(115)(i)(I).
(ii) Additional materials. (A) Nonregulatory portions of the
submittal.
(97) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on April 26, 2007 and
September 12, 2007.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies (RCSA) section 22a-174-22c entitled ``The Clean Air Interstate
Rule (CAIR) Nitrogen Oxides (NOX) Ozone Season Trading
Program,'' effective in the State of Connecticut on September 4, 2007.
(B) Section 22a-174-22c, subsection (g)(3) is removed from the SIP
without replacement effective December 22, 2016. See paragraph
(116)(i)(B).
(98) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 19, 2007.
(i) Incorporation by reference. (A)(1) Connecticut Department of
Environmental Protection Regulations entitled ``Emission standards and
on-board diagnostic II test requirements for periodic motor vehicle
inspection and maintenance'' at section 22a-174-27 (effective in the
State of Connecticut on August 25, 2004).
[[Page 705]]
(2) In revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 22, 2010
section 22a-174-27 (e) was repealed by the State of Connecticut
effective August 10, 2009. Section 22a-174-27 (e), which was approved in
paragraph (c)(98)(i)(A)(1), is removed from the SIP without replacement;
see paragraph (c)(105)(i)(B) of this section.
(B) Connecticut Department of Motor Vehicles Regulation entitled
``Periodic Motor Vehicle Emissions Inspection and Maintenance'' at
section 14-164c-1a to Section 14-164c-18a (effective in the State of
Connecticut on May 28, 2004).
(99) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 9, 2011.
(i) Incorporation by reference. (A) The additions of subsections
(21) and (49) to Section 22a-174-1, effective January 28, 2011.
(B) The revisions to Sections 22a-174-3a(a)(1)(H) through (J),
Sections 22a-174-3a(d)(3)(H), Sections 22a-174-3a(j)(1)(E) through (I),
Sections 22a-174-3a(k)(1) through (k)(2), and Sections 22a-174-3a(k)(4),
effective January 28, 2011.
(100) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 1, 2008
and January 8, 2009.
(i) Incorporation by reference. (A) State of Connecticut Regulation,
Section 22a-174-20(k), Restrictions on VOC Emissions from Cutback and
Emulsified Asphalt (excluding the text that appears in brackets),
effective in the state of Connecticut on January 1, 2009.
(B) A letter from Barbara Sladeck, RLS Assistant Coordinator, Office
of the Secretary of the State, State of Connecticut, to Hon. Gina
McCarthy, Commissioner, Department of Environmental Protection, dated
July 26, 2007, stating that the effective date of the Amendment of
Section 22a-174-20(l), Metal Cleaning, and Adoption of Section 22a-174-
41, pertaining to Architectural and Industrial Maintenance Products, is
July 26, 2007.
(C) State of Connecticut Regulation, Section 22a-174-20(l), Metal
Cleaning, effective in the state of Connecticut on July 26, 2007,
revisions to the following provisions (including the text that appears
in underline and excluding the text that appears in brackets): Sections
22a-174-20(l)(1)(A) through (C) and(J) through (L), Sections 22-a-174-
20(l)(3), (A) through (D), (F) through (H), and (J) through (L),
Sections 22a-174-20(l)(5) introductory text, (B), (E), and (M), and
Section 22a-174-20(l)(6); and addition of Sections 22a-174-20(l)(7)
through (9).
(D) State of Connecticut Regulation, Section 22a-174-41,
Architectural and Industrial Maintenance Products, effective in the
state of Connecticut on July 26, 2007.
(101) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on July 20, 2007,
consisting of orders establishing reasonably available control
technology for volatile organic compound emissions for Sumitomo Bakelite
North America, Cyro Industries, and Curtis Packaging.
(i) Incorporation by reference. (A) State of Connecticut vs.
Sumitomo Bakelite North America, Inc., Consent Order No. 8245, issued as
a final order on October 11, 2006.
(B) State of Connecticut and Cyro Industries, Consent Order No.
8268, issued as a final order on February 28, 2007.
(C) State of Connecticut vs. Curtis Packaging Corporation, Consent
Order No. 8270, issued as a final order on May 1, 2007.
(102) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 18, 2008,
April 29, 2010, and November 21, 2012.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies (RCSA) Section 22a-174-20, as published in the Connecticut Law
Journal on May 18, 2010, effective April 6, 2010:
(1) The amendment of subdivision (f)(9);
(2) The withdrawal of subsection (g);
(3) The amendment of subdivisions (l)(1) and (l)(2);
(4) The amendment of subsections (p) Metal furniture coatings, (q)
Paper, film, and foil coating;
(5) The amendment of subparagraph (s)(2)(B);
[[Page 706]]
(6) The amendment of subsection (ee) Reasonably available control
technology for large sources;
(7) The addition of subsection (ff) Flexible package printing, with
the exception of the phrases ``or other method approved by the
commissioner'' in subparagraph (ff)(1)(K) and ``or alternative method as
approved by the commissioner'' in clause (ff)(5)(B)(vi);
(8) The addition of subsection (gg) Offset lithographic printing and
letterpress printing, with the exception of the phrases ``or other
method approved by the commissioner'' in subparagraph (gg)(1)(O) and
``or alternative method as approved by the commissioner'' in clause
(gg)(7)(B)(vi);
(9) The addition of subsection (hh) Large appliance coatings, with
the exception of the phrases ``or other method approved by the
commissioner'' in subparagraph (hh)(1)(CC) and ``or alternative method
as approved by the commissioner'' in clause (hh)(7)(B)(vi);
(10) The addition of (ii) Industrial solvent cleaning, with the
exception of the phrases ``or other method approved by the
commissioner'' in subparagraph (ii)(1)(I) and ``or alternative method as
approved by the commissioner'' in clause (ii)(6)(B)(vi); and
(11) The addition of (jj) Spray application equipment cleaning, with
the exception of the phrase ``or other method approved by the
commissioner'' in subparagraph (jj)(1)(H), the exception of subparagraph
(jj)(3)(D), and the exception of the phrase ``or alternative method as
approved by the commissioner'' in clause (JJ)(6)(B)(vii).
(B) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-20, as published in the Connecticut Law Journal on December 4, 2012,
effective October 31, 2012:
(1) The amendment of subsection(s) Miscellaneous metal parts and
products;
(2) The amendment of subdivisions (aa)(1), (cc)(2), and (cc)(3);
(3) The amendment of subparagraph (ii)(3)(A); and
(4) The addition of subdivision (kk) Pleasure craft coatings.
(C) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-40 entitled ``Consumer Products,'' with the exception of
subdivisions (4) through (7) in subsection (c) and the exception of
subparagraphs (C) and (D) in subdivision (f)(2), effective July 26,
2007.
(D) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-44, entitled ``Adhesives and Sealants,'' effective October 3, 2008.
(103) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 18, 2009,
and Connecticut Department of Energy and Environmental Protection on
March 12, 2012.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Department of Environmental Protection Section 22a-174, effective
December 28, 2000; as published in the Connecticut Law Journal on
January 23, 2001.
(1) Section 22a-174-19a, ``Control of sulfur dioxide emissions from
power plants and other large stationary sources of air pollution,'' with
the following exceptions which Connecticut did not submit as part of the
SIP revision because they are not applicable to the Connecticut
Alternative to Best Available Retrofit Technology (BART) program:
(i) Section 22a-174-19a(a)(5);
(ii) Section 22a-174-19a(a)(8);
(iii) Section 22a-174-19a(a)(11);
(iv) In Section 22a-174-19a(a)(13); the sentence ``Early reduction
credits shall qualify as SO2 DERCs.'';
(v) Section 22a-174-19a(d);
(vi) Section 22a-174-19a(e)(4);
(vii) Section 22a-174-19a(f) through 19a(h); and
(viii) In Section 22a-174-19a(i)(2), the reference to ``or (e)(4).''
(2) Section 22a-174-19a(c) which was approved in paragraph
(c)(103)(i)(A)(1), is removed without replacement; see paragraph
(c)(111)(i)(B).
(3) Section 22a-174-22, ``Control of nitrogen oxide emissions,''
subsection (e)(3).
(B) Connecticut General Statute, Title 16a ``Planning and Energy
Policy,'' Chapter 296 ``Operation of Fuel Supply Business,'' Section
16a-21a, ``Sulfur content of home heating oil and off-road diesel fuel.
Suspension of requirements for emergency,'' effective June 2, 2008, as
published in the State of Connecticut General Statutes, Revision of
1958, Revised to 2009.
[[Page 707]]
(C) Connecticut General Statute Section16a-21a, which was approved
in paragraph (c)(103)(i)(B) of this section, is removed and replaced by
Connecticut General Statute 16a-21a, see paragraph (c)(118)(i)(A) of
this section.
(ii) Additional materials. (A) The Connecticut Department of
Environmental Protection document, ``Connecticut Regional Haze SIP
Revision, Final, November 2009.''
(B) The Connecticut Department of Energy and Environmental
Protection letter ``Clarification of Connecticut's 2008 PM2.5
Attainment Demonstration,'' dated March 12, 2012, signed by Anne Gobin.
(C) The Connecticut Department of Energy and Environmental
Protection letter ``Regional Haze State Implementation Plan,'' dated
February 24, 2012, signed by Anne Gobin.
(D) The Connecticut Department of Energy and Environmental
Protection letter ``Withdrawal of Request for Parallel Processing,''
dated November 23, 2012, signed by Anne R. Gobin.
(104) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 1, 2004.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated December 1, 2004 submitting
a revision to the Connecticut State Implementation Plan.
(B) Regulations of Connecticut State Agencies, Section 22a-174,
Abatement of Air Pollution Regulations, amended April 1, 2004:
(1) Section 22a-174-4 ``Source monitoring, recordkeeping and
reporting.''
(2) Section 22a-174-7 ``Air pollution control equipment and
monitoring equipment operation.''
(3) Section 22a-174-18 ``Control of particulate matter and visible
emissions,'' with the exception of the phrase ``or malfunction'' in
Section 22a-174-18(j)(1) and all of Section 22a-174-18(j)(2), which CT
DEEP withdrew from the SIP submittal.
(ii) Additional materials. (A) Letter from CT DEEP dated January 14,
2013, entitled ``Information to Support EPA's Approval of Connecticut's
Requirements for Opacity.''
(B) Letter from CT DEEP dated July 8, 2013, withdrawing from CT
DEEP's December 1, 2004 SIP revision the phrase ``and malfunction'' from
Subsection (j)(1) of RCSA Section 22a-174-18.
(C) Letter from CT DEEP dated March 27, 2014, withdrawing from CT
DEEP's December 1, 2004 SIP revision Section 22a-174-18(j)(2).
(105) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 22, 2010.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies (RCSA) section 22a-174-36b entitled ``Low Emission Vehicles II
Program,''
(1) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-36b entitled ``Low Emission Vehicles II Program,'' effective
December 22, 2005, revisions to the following provisions (including the
text that appears in underline): Sections 22a-174-36b (a), (b), (d), (f)
through (j), (l), (m), (n), and (o).
(2) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-36b entitled ``Low Emission Vehicles II Program,'' effective August
10, 2009, revisions to the following provisions: Sections 22a-174-36b
(c), (e), and (k), as published in the Connecticut Law Journal on
September 8, 2009.
(B) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-27 entitled ``Emission standards and on-board diagnostic II test
requirements for periodic motor vehicle inspection and maintenance,''
effective August 10, 2009, revisions to Section 22a-174-27 (b), as
published in the Connecticut Law Journal on September 8, 2009.
(106) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on April
22, 2014.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies Section 22a-174-1(10) and (88), as published in the Connecticut
Law Journal on July 1, 2014, effective April 15, 2014.
(B) Regulations of Connecticut State Agencies Section 22a-174-
3a(k)(5), as published in the Connecticut Law Journal on July 1, 2014,
effective April 15, 2014.
[[Page 708]]
(C) Regulations of Connecticut State Agencies Section 22a-174-24,
``Connecticut primary and secondary ambient air quality standards,''
with the exceptions of subsections (a), (c), (g), (j), and (m), as
published in the Connecticut Law Journal on July 1, 2014, effective
April 15, 2014.
(D) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-28 (a)(5), as published in the Connecticut Law Journal on July 1,
2014, effective April 15, 2014.
(107) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
September 27, 2012.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies Section 22a-174-2a(b)(5) introductory text and Section 22a-174-
2a(b)(5)(E), as published in the Connecticut Law Journal on October 23,
2012, effective September 10, 2012.
(B) Regulations of Connecticut State Agencies Section 22a-174-
2a(b)(6), as published in the Connecticut Law Journal on October 23,
2012, effective September 10, 2012.
(108) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on October
9, 2012.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies Section 22a-174-1(62), as published in the Connecticut Law
Journal on October 16, 2012, effective September 10, 2012.
(B) Regulations of Connecticut State Agencies Section 22a-174-3a(i),
Table 3a(i)-1, published in the Connecticut Law Journal on October 16,
2012, effective September 10, 2012.
(C) Regulations of Connecticut State Agencies revisions to Section
22a-174-3a(k), Table 3a(k)-1, published in the Connecticut Law Journal
on October 16, 2012, effective September 10, 2012.
(D) Regulations of Connecticut State Agencies revisions to Section
22a-174-3a(k), Table 3a(k)-2, published in the Connecticut Law Journal
on October 16, 2012, effective September 10, 2012.
(E) Regulations of Connecticut State Agencies revisions to Section
22a-174-3a (l)(1), published in the Connecticut Law Journal on October
16, 2012, effective September 10, 2012.
(F) Regulations of Connecticut State Agencies revisions to Section
22a-174-3a(l)(4)(B) introductory text and Section 22a-174-
3a(l)(4)(B)(iv), published in the Connecticut Law Journal on October 16,
2012, effective September 10, 2012.
(109) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on October 31, 2012.
(i) Incorporation by reference. (A) Connecticut Trading Agreement
and Order No. 8187, Modification 1 issued to PSEG Power Connecticut LLC
on July 16, 2012.
(B) Connecticut Trading Agreement and Order No. 8242, Modification 1
issued to PSEG Power Connecticut LLC on July 16, 2012.
(110) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on April
8, 2014.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies, revisions to Section 22a-174-20(a), as published in the
Connecticut Law Journal on May 6, 2014, effective March 7, 2014:
(1) 22a-174-20(a);
(2) 22a-174-20(b)(2), (b)(3), (b)(4), and (b)(17);
(3) 22a-174-20(c); and
(4) 22a-174-20(x)(12).
(B) Regulations of Connecticut State Agencies, Subsection (b)(1) of
Section 22a-174-20 is removed without replacement, as published in the
Connecticut Law Journal on May 6, 2014, effective March 7, 2014.
(111) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on April
22, 2014.
(i) Incorporation by reference. (A) Amendments to Regulations of
Connecticut State Agencies (RCSA) as published in the Connecticut Law
Journal on June 24, 2014, effective April 15, 2014.
(1) Revised Section 22a-174-19.
(2) Revised Section 22a-174-19a(e).
(3) Revised Section 22a-174-19a(i).
[[Page 709]]
(4) Section 22a-174-19b with the exception of subsection (e), which
was not submitted by the State.
(5) Revised Section 22a-174-5(b)(1).
(B) RCSA Section 22a-174-19a(c) which was approved in paragraph
(c)(103)(i)(A)(1), is removed without replacement.
(ii) Additional materials. [Reserved]
(112) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
December 28, 2007; September 4, 2008; September 18, 2009; October 13,
2011; December 28, 2012; January 2, 2013; and May 30, 2013.
(i) [Reserved]
(ii) Additional materials. (A) The Connecticut Department of Energy
and Environmental Protection document, ``Adequacy Determination of the
Connecticut State Implementation Plan with Regard to Clean Air Act
Section 110(a)(1) and (2) for the 8-Hour Ozone National Ambient Air
Quality Standard Program Infrastructure,'' Final, December 28, 2007.
(B) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan for Clean Air Act Section 110(a) Infrastructure
Elements: 1997 National Ambient Air Quality Standard for Fine
Particulate Matter,'' Final, September 4, 2008.
(C) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
(2) for the 2006 Fine Particulate Matter National Ambient Air Quality
Standard,'' Final, September 18, 2009.
(D) The Connecticut Department of Energy and Environmental
Protection document, ``Request to Withdraw a Portion of Connecticut's
PM2.5 Infrastructure Adequacy Determination,'' January 7,
2011.
(E) The Connecticut Department of Energy and Environmental
Protection document, ``Addendum to the CAA Sec. 110(a)(2)(D)(i)(I)
Portion of Connecticut's Infrastructure Submittal for the 2006
PM2.5 NAAQS,'' August 19, 2011.
(F) The Connecticut Department of Energy and Environmental
Protection document, ``Adequacy Determination of the Connecticut State
Implementation Plan with Regard to Clean Air Act Section 110(a)(1) and
(2) for the 2008 Lead National Ambient Air Quality Standard,''
Final, October 13, 2011.
(G) The Connecticut Department of Energy and Environmental
Protection document, ``Update to Connecticut PM2.5
Infrastructure Submittals,'' June 15, 2012.
(H) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan with Regard
to the Infrastructure Requirements of Clean Air Act Section 110(a)(1)
and 110(s)(2) for the 2008 Ozone National Ambient Air Quality Standards,
Final, December 28, 2012.
(I) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan with Regard
to the Infrastructure Requirements of Clean Air Act Section 110(a)(1)
and 110(a)(2) for the 2010 Nitrogen Dioxide National Ambient Air Quality
Standards, Final, January 2, 2013.
(J) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan for Clean
Air Act Section 110(a) Infrastructure Elements: 2010 Sulfur Dioxide
National Ambient Air Quality Standard, Final, May 30, 2013.
(K) The Connecticut Department of Energy and Environmental
Protection letter, ``Supplement to Infrastructure State Implementation
Plan (SIP) Revisions,'' August 5, 2015.
(113) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
November 19, 2012 and December 14, 2015.
(i) Incorporation by reference. (A) Section 19-508-17, ``Control of
Open Burning,'' which was approved in the March 1972 plan (see paragraph
(b)) is removed and replaced with the following:
(1) Connecticut General Statute, Title 22A ``Environmental
Protection,'' Chapter 446c ``Air Pollution Control,'' Section 22a-174
``(Formerly Sec. 19-508).
[[Page 710]]
Powers of the commissioner. Regulations. Fees. Exemptions. General
permits. Appeal of commissioner's action re permit applications,''
paragraph (f), effective March 30, 2000, as published in the General
Statutes of Connecticut, revision of 1958, revised to January 1, 2015,
volume 8.
(2) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-1 entitled ``Definitions,'' revisions to Section 22a-174-1(19), as
published in the Connecticut Law Journal on July 1, 2014.
(B) [Reserved]
(ii) Additional materials. [Reserved]
(114) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on June
27, 2016 and August 18, 2016.
(i) Incorporation by reference. (A) General Permit to Limit
Potential to Emit from Major Stationary Sources, issuance date November
9, 2015, except for the provisions listed below, related to greenhouse
gases which Connecticut withdrew from consideration as part of the SIP.
(1) In Section 2, the definitions for ``Carbon Dioxide Equivalent
Emissions'' or ``CO2'', ``Greenhouse Gases'' or ``GHG'',
``Hydroflourocarbon'' or ``HFC'', and ``Perfluorocarbon'' or ``PFCs'' in
paragraph (a);
(2) In Sections 4 and 5, the words ``excluding GHG which are limited
to less than 100% of Title V source threshold as defined in section 22a-
174-33(a)(10)(F)(iv) of the Regulations of Connecticut State Agencies''
in paragraphs (4)(c)(2)(E)(i) and (ii), 4(c)(2)(J), 4(d)(1), and
4(g)(5)(A) and (B); and 5(a)(1) and (2);
(3) In Section 5, the words ``excluding GHG which are limited to
less than 100% of Title V source threshold'' in the introductory
paragraph;
(4) In Section 5, paragraphs 5(b)(2)(A)(vi) and 5(b)(2)(B)(i);
(5) In Section 5, the words ``and (vi)'' in paragraph
5(b)(2)(A)(vii); and
(6) In Section 5, the words ``other than GHG'' in paragraphs
5(b)(2)(B)(ii) and (iii).
(115) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on July 1,
2004, January 13, 2006, November 15, 2011, and July 15, 2016.
(i) Incorporation by reference. (A) State of Connecticut vs. Mallace
Industries Corporation, Consent Order No. 8258, issued as a final order
on September 13, 2005.
(B) State of Connecticut vs. Hamilton Sundstrand, a United
Technologies Company, Order No. 8029A, issued as a final order on
September 3, 2009.
(C) State Order No. 8011, and attached Compliance Timetable and
Appendix A (allowable limits by product classification) for Dow
Chemical, U.S.A. in Gales Ferry, Connecticut, issued as State Order No.
8011, effective on October 27, 1988, and approved in paragraph
(c)(48(i)(B) is removed without replacement.
(D) State Order No. 8014, and attached Compliance Timetable for
Pratt & Whitney Division of United Technologies Corporation in East
Hartford, Connecticut, issued as State Order No. 8014, effective on
March 22, 1989, and approved in paragraph (c)(51)(i)(B) is removed
without replacement.
(E) State Order No. 8021, and attached Compliance Timetable, and
Appendix A (allowable limits on small, uncontrolled vents and allowable
outlet gas temperatures for surface condensers) for Pfizer, Incorporated
in Groton, Connecticut, issued as State Order No. 8021, effective on
December 2, 1988, and approved in paragraph (c)(52)(i)B) is removed
without replacement.
(F) State Order No. 8009, and attached Compliance Timetable,
Appendix A, Appendix B, and Appendix C for Uniroyal Chemical Company,
Inc. in Naugatuck, Connecticut, issued as State Order No. 8009,
effective on September 5, 1989, and approved in paragraph (c)(53)(i)(B),
is removed without replacement.
(G) State Order No. 8032, and attached Compliance Timetable for the
Heminway & Bartlett Manufacturing Company in Watertown, Connecticut,
issued as State Order No. 8032, effective on November 29, 1989, and
approved in paragraph (c)(55)(i)(B), is removed without replacement.
[[Page 711]]
(H) State Order No. 8010, for Sikorsky Aircraft Corporation,
effective on January 29, 1990, as well as Addendum A and Addendum B to
Order No. 8010, effective on February 7, 1996 and September 29, 1995,
respectively, issued as State Order No. 8010, and two addenda, define
and impose RACT on certain VOC emissions at Sikorsky Aircraft
Corporation in Stratford, Connecticut, and approved in paragraph
(c)(60)(i)(B) is removed without replacement.
(I) State Order No. 8200, issued by the Connecticut Department of
Environmental Protection to Watson Laboratories, Inc., effective October
3, 2002, and approved in paragraph (c)(96)(i)(C) is removed without
replacement.
(ii) Additional materials. [Reserved]
(116) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
September 16, 2016, and January 24, 2017.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies, Administrative Regulation of the Department of Energy and
Environmental Protection, Municipal Waste Combustors, revisions to
section 22a-174-38 as published in the Connecticut Law Journal, volume
78, no. 17, on October 25, 2016.
(1) Subsection (c), subdivision (8);
(2) Subsection (c), subdivisions (16), and (17);
(3) Subsection (d);
(4) Subsection (i), subdivisions (4)(E) and (J);
(5) Subsection (i), subdivision (5);
(6) Subsection (j), subdivision (4);
(7) Subsection (k), subdivision (9) with the exceptions of the
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride, fugitive ash and'' and the sentence
``The maximum demonstrated municipal waste combustor unit load and
maximum demonstrated particulate matter control device temperature shall
be recorded for the initial performance test for dioxin/furan emissions
for each particulate matter control device.''; and subdivision (10),
with the exceptions of the phrase ``for particulate matter, cadmium,
lead, mercury, dioxin/furan emissions, hydrogen chloride, fugitive ash
and'' and the sentence ``The maximum demonstrated municipal waste
combustor unit load and maximum demonstrated particulate matter control
device temperature (for each particulate matter control device) shall be
recorded for the initial performance test for dioxin/furan emissions.''
(8) Subsection (l), subdivision (3)(A)(i) with the exception of the
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride, fugitive ash and''; (3)(A)(ii), with
the exceptions of the term ``sulfur dioxide'' and the phrase ``carbon
monoxide, municipal waste combustor unit load, particulate matter
control device inlet temperature and''; (3)(A)(iv); (3)(A)(v), with the
exceptions of the term ``sulfur dioxide'' the phrase ``carbon monoxide,
municipal waste combustor unit load, particulate matter control device
temperature and'' and the phrase ``carbon mass feed rate and'';
(3)(A)(vi), with the exceptions of the term ``sulfur dioxide'' the
phrase ``carbon monoxide, municipal waste combustor unit load,
particulate matter control device temperature and'' and the phrase
``carbon mass feed rate and''; (B), with the exception of the phrase
``and (A)(iii)''; and (C).
(9) Subsection (l), subdivision (6), with the exceptions of the
phrase ``particulate matter, opacity, cadmium, lead, mercury, dioxin/
furan emissions, hydrogen chloride'' and the term ``or fugitive ash''.
(10) Subsection (a).
(B) Regulation of the Department of Energy and Environmental
Protection Concerning NOX Emissions from Fuel-Burning
Emission Units, effective December 22, 2016.
(1) Section 22a-174-22e, Control of nitrogen oxides emissions from
fuel-burning equipment at major stationary sources of nitrogen oxides,
with the exception of, within paragraph (l)(7), the phrase ``or under
procedures in RCSA section 22a-174-5(d).'';
(2) Section 22a-174-22f, High daily NOX emitting units at
non-major sources of NOX;
(3) Section 22a-174-18,, revised subsection (j)(6);
(4), Section 22a-174-8(b)(2);
(5) Section 22a-174-22c, subsection (g)(3);
[[Page 712]]
(6) Section 22a-174-38, revised subsections (b)(1) through (6).
(117) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
September 14, 2015.
(i) Incorporation by reference. (A) ``Control of Organic Compound
Emissions,'' Regulation 22a-174-20, the sections listed below, effective
July 8, 2015, as published in the Connecticut Law Journal on November
24, 2015.
(1) Section 20(a)(7);
(2) Section (b)(10);
(3) Sections (b)(12) through (b)(16);
(4) Section (20)(ee)
(B) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
30a ``Stage I Vapor Recovery,'' effective July 8, 2015, as published in
the Connecticut Law Journal on November 24, 2015.
(C) ``Control of Organic Compound Emissions,'' Regulation 22a-174-
32(b)(3), effective July 8, 2015, as published in the Connecticut Law
Journal on November 24, 2015.
(D) House Bill No. 6534, Public Act No. 13-120, ``An Act Concerning
Gasoline Vapor Recovery Systems,'' approved June 18, 2013.
(ii) Additional materials.
(A) Letter from the Connecticut Department of Energy and
Environmental Protection, dated September 14, 2015, submitting a
revision to the Connecticut State Implementation Plan.
(118) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on August
19, 2011, December 14, 2015, and October 18, 2017.
(i) Incorporation by reference. (A) ``Definitions,'' Regulation 22a-
174-1(71), the definition of ``Minor source baseline date,'' amended
October 5, 2017.
(B) ``Permit to Construct and Operate Stationary Sources,''
Regulation 22a-174-3a(k)(1)(C), amended October 5, 2017.
(C) Connecticut General Statute, Title 16a, ``Planning and Energy
Policy,'' Chapter 296, ``Operation of Fuel Supply Business,'' Section
16a-21a, ``Sulfur content of home heating oil and off-road diesel fuel.
Suspension of requirements for emergency. Enforcement,'' effective July
1, 2015, as published in the State of Connecticut General Statutes,
Revision of 1958, Revised to January 1, 2017.
(ii) Additional materials. (A) The Connecticut Department of Energy
and Environmental Protection document, ``Addendum to the CAA Sec.
110(a)(2)(D)(i)(I) Portion of Connecticut's Infrastructure Submittal for
the 2006 PM2.5 NAAQS,'' August 19, 2011.
(B) The Connecticut Department of Energy and Environmental
Protection document, ``Connecticut State Implementation Plan for Clean
Air Act Section 110(a) Infrastructure Elements: 2012 PM2.5
NAAQS,'' December 14, 2015.
(C) The Connecticut Department of Energy and Environmental
Protection document, State Implementation Plan Revision Concerning the
Consumer Products, Architectural and Industrial Maintenance Coatings and
Prevention of Significant Deterioration Permit Programs,'' October 18,
2017.
(119) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on October
18, 2017.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies Section 22a-174-40, entitled ``Consumer Products,'' effective
Oct 5, 2017.
(B) Regulations of Connecticut State Agencies Section 22a-174-41,
entitled ``Architectural and Industrial Maintenance Products--Phase 1,''
effective Oct 5, 2017.
(C) Regulations of Connecticut State Agencies Section 22a-174-41a,
entitled ``Architectural and Industrial Maintenance Products--Phase 2,''
effective Oct 5, 2017.
(120) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
February 28, 2018.
(i) Incorporation by reference. (A) Regulations of Connecticut State
Agencies, Section 22a-174-3a, ``Permit to Construct and Operate
Stationary Sources,'' amended February 8, 2018:
(1) 22a-174-3a(a)(1), ``Applicability and Exemptions,'' except
(a)(1)(C) and (G);
(2) 22a-174-3a(j)(1), ``Best Available Control Technology (BACT);''
and
[[Page 713]]
(3) 22a-174-3a(k)(1) and (2), ``Permit Requirements for Attainment
Areas: Prevention of Significant Deterioration of Air Quality (PSD)
Program.''
[37 FR 10855, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.370, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Effective Date Note: At 82 FR 18870, June 23, 2017, Sec. 52.370 was
amended by adding paragraph (c)(114), effective June 23, 2017, until
Nov. 8, 2020.
Sec. 52.371 Classification of regions.
The Connecticut plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
New Jersey-New York-Connecticut Interstate................ I I I I I
Hartford-New Haven-Springfield Interstate................. I I III I I
Northwestern Intrastate................................... III III III III III
Eastern Intrastate........................................ II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 84787, Dec. 23, 1980]
Sec. 52.372 Extensions.
(a) [Reserved]
(b) The Administrator hereby extends until December 31, 1996, the
attainment date for particulate matter for the New Haven PM10
nonattainment area, as requested by the State of Connecticut on March
22, 1996 and based on monitored air quality data for the national
ambient air quality standard for PM10 during the years 1993-95.
[61 FR 56900, Nov. 5, 1996, as amended at 62 FR 14331, Mar. 26, 1997; 64
FR 67192, Dec. 1, 1999]
Sec. 52.373 Approval status.
(a) The Administrator approves the general procedures of the state's
sulfur control regulations (19-508-19) and accompanying narrative
submitted on October 23, 1981, and November 4, 1981 and identified under
Sec. 52.370(c)(18), provided that any individual source approvals
granted by the state under the Air Pollution Control/Energy Trade Option
and solid fuel burning permitting system are submitted to EPA as SIP
revisions.
(b) The Administrator approves the total suspended particulate
regulation for foundry sand processes as submitted and identified under
paragraph (c)(22) of this section. This includes only the requirement to
remove ninety percent of the particulate matter and not the requirement
to emit not more than 0.75 pounds of particulate per ton of material
cast, a provision which may be found in state regulation 19-508-
18(f)(3).
[61 FR 38576, July 25, 1996]
Sec. 52.374 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 Connecticut's plan.
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------------
Air quality control region SO2
------------------------ PM10 NO2 CO O3
Primary Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 41: Eastern Connecticut Intrastate (See 40 CFR (\a\) (\b\) (\a\) (\a\) (\a\) (\d\)
81.183)............................................
[[Page 714]]
AQCR 42: Hartford-New Haven-Springfield Interstate
Area (See 40 CFR 81.26)............................
All portions except City of New Haven........... (\a\) (\b\) (\a\) (\a\) (\a\) (\d\)
City of New Haven............................... (\a\) (\b\) (\c\) (\a\) (\a\) (\d\)
AQCR 43: New Jersey-New York-Connecticut Interstate (\a\) (\a\) (\a\) (\a\) (\a\) (\d\)
Area (See 40 CFR 81.13)............................
AQCR 44: Northwestern Connecticut Intrastate (See 40 (\a\) (\b\) (\a\) (\a\) (\a\) (\d\)
CFR 81.184)........................................
----------------------------------------------------------------------------------------------------------------
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. December 31, 1996 (two 1-year extensions granted).
d. November 15, 2007.
[45 FR 84787, Dec. 23, 1980, as amended at 61 FR 38576, July 25, 1996;
62 FR 14331, Mar. 26, 1997; 64 FR 12013, Mar. 10, 1999; 66 FR 663, Jan.
3, 2001]
Sec. 52.375 Certification of no sources.
The State of Connecticut has certified to the satisfaction of EPA
that no sources are located in the state which are covered by the
following Control Technique Guidelines:
(a) Large Petroleum Dry Cleaners.
(b) In its December 8, 2006 submittal to EPA pertaining to
reasonably available control technology requirements for the 1997 8-hour
ozone standard, the State of Connecticut certified to the satisfaction
of EPA that no sources are located in the state that are covered by the
following Control Technique Guidelines:
(1) Automobile Coatings;
(2) Large Petroleum Dry Cleaners;
(3) Large Appliance Coating;
(4) Natural Gas and Gas Processing Plants;
(5) Flat Wood Paneling Coatings; and
(6) Control of VOC Leaks from Petroleum Refineries.
(c) Air Oxidation Processes/SOCMI.
(d) Manufacturers of High-density Polyethylene and Polypropylene
Resins.
(e) Synthetic organic chemical manufacturing industry (SOCMI)
distillation.
(f) Synthetic organic chemical manufacturing industry (SOCMI)
reactor vessels.
(g) In its April 29, 2010 submittal to EPA pertaining to reasonably
available control technology requirements for the 1997 8-hour ozone
standard, the State of Connecticut certified to the satisfaction of EPA
that no sources are located in the state that are covered by the
following Control Technique Guidelines:
(1) Flat wood paneling coating;
(2) Fiberglass boat manufacturing; and
(3) Automobile and light duty truck assembly coating.
(h) In its July 18, 2014 submittal to EPA pertaining to reasonably
available control technology requirements for the 2008 8-hour ozone
standard, the State of Connecticut certified to the satisfaction of EPA
that no sources are located in the state that are covered by the
following Control Technique Guidelines:
(1) Automobile coatings;
(2) Large petroleum dry cleaners;
(3) Fiberglass boat manufacturing;
(4) Equipment leaks from natural gas and gasoline processing plants;
(5) Petroleum refineries;
(6) Control of refinery vacuum producing systems;
(7) Wastewater separators and process unit turnarounds; and
(8) Flatwood paneling coatings.
[50 FR 37178, Sept. 12, 1985, as amended at 53 FR 17936, May 19, 1988;
65 FR 62623, Oct. 19, 2000; 78 FR 38591, June 27, 2013; 79 FR 32875,
June 9, 2014; 82 FR 35456, July 31, 2017]
Sec. 52.376 Control strategy: Carbon monoxide.
(a) Approval--On January 12, 1993, the Connecticut 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
[[Page 715]]
Connecticut to satisfy Federal requirements under sections 172(c)(3) and
187(a)(1) of the Clean Air Act as amended in 1990, as a revision to the
carbon monoxide State Implementation Plan for the Hartford/New Britain/
Middletown carbon monoxide nonattainment area, the New Haven/Meriden/
Waterbury carbon monoxide nonattainment area, and the Connecticut
Portion of the New York-N. New Jersey-Long Island carbon monoxide
nonattainment area.
(b) Approval--On September 30, 1994, the Connecticut Department of
Environmental Protection submitted a request to redesignate the
Hartford/New Britain/Middletown Area carbon monoxide nonattainment area
to attainment for carbon monoxide. The redesignation request and the
1995-2005 initial ten-year 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 January 12, 1993 and April 7, 1994, the Connecticut
Department of Environmental Protection submitted revisions to the carbon
monoxide State Implementation Plan for VMT forecasts, contingency
measures, and attainment demonstration for CO. These VMT forecasts,
contingency measures, and attainment demonstration were submitted by
Connecticut to satisfy Federal requirements under sections 187(a)(2)(A),
187(a)(3) and 187(a)(7) of the Clean Air Act, as amended in 1990, as
revisions to the carbon monoxide State Implementation Plan.
(d) Approval--On January 17, 1997, the Connecticut Department of
Environmental Protection submitted a request to redesignate the New
Haven/Meriden/Waterbury carbon monoxide nonattainment area to attainment
for carbon monoxide. The redesignation request and the 1998-2008 initial
ten-year maintenance plan meet the redesignation requirements in
sections 107(d)(3)(E) and 175A of the Act as amended in 1990,
respectively.
(e) Approval--In December, 1996, the Connecticut Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan for the 1993 periodic emission inventory. The
inventory was submitted by the State of Connecticut to satisfy Federal
requirements under section 187(a)(5) of the Clean Air Act as amended in
1990, as a revision to the carbon monoxide State Implementation Plan.
(f) Approval--On May 29, 1998, the Connecticut Department of
Environmental Protection submitted a request to redesignate the
Connecticut portion of the New York-N. New Jersey-Long Island carbon
monoxide nonattainment area to attainment for carbon monoxide. The
redesignation request and the 2000-2010 initial ten-year maintenance
plan meet the redesignation requirements in sections 107(d)(3)(E) and
175A of the Act as amended in 1990, respectively.
(g) Approval--On October 7, 1999, the Connecticut Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan that removes the oxygenated fuel requirement
for the Connecticut portion of the New York--N. New Jersey--Long Island
area and converts the program to a contingency measure. If a violation
of the carbon monoxide ambient air quality standard were to occur, the
State would be required to reimplement the program.
(h) Approval--On June 28, 2004, the Connecticut Department of
Environmental Protection (CT DEP) submitted a request to establish
limited maintenance plans for the Hartford-New Britain-Middletown
Connecticut carbon monoxide attainment area, the New Haven-Meriden-
Waterbury Connecticut carbon monoxide attainment area, and the
Connecticut portion of the New York-Northern New Jersey-Long Island
carbon monoxide attainment area for the remainder of the individual
area's initial ten-year maintenance plan. As part of the maintenance
plan request, CT DEP also requested approval of a second follow-on ten-
year carbon monoxide maintenance plan for the Hartford-New Britain-
Middletown carbon monoxide attainment area (period 2006 to 2015), for
the New Haven-Meriden-Waterbury carbon monoxide attainment area (period
2009 to 2018), and for the Connecticut portion of the New York-Northern
New Jersey-Long Island carbon monoxide attainment area (period 2011 to
2020). The State of Connecticut has committed to: maintain a
[[Page 716]]
continuous carbon monoxide monitoring network in each carbon monoxide
maintenance area; implement contingency measures in the event of an
exceedance of the carbon monoxide National Ambient Air Quality Standard
(NAAQS) in any of the three maintenance areas; coordinate with EPA in
the event the carbon monoxide design value(s) in any maintenance area(s)
exceed 7.65 ppm, to verify the validity of the data and, if warranted
based on the data review, develop a full maintenance plan(s) for the
affected maintenance area(s); and, ensure that project-level carbon
monoxide evaluations of transportation projects in each area are carried
out as part of environmental reviews or Connecticut's indirect source
permitting program. The limited maintenance plans satisfy all applicable
requirements of section 175A of the Clean Air Act. Approval of a Limited
Maintenance Plan is conditioned on maintaining levels of ambient carbon
monoxide levels below the required limited maintenance plan 8-hour
carbon monoxide design value criterion of 7.65 parts per million. If the
Limited Maintenance Plan criterion is no longer satisfied, Connecticut
must develop a full maintenance plan to meet Clean Air Act requirements.
[60 FR 55320, Oct. 31, 1995, as amended at 61 FR 38577, July 25, 1996;
63 FR 53286, Oct. 5, 1998; 64 FR 12014, Mar. 10, 1999; 64 FR 67192, Dec.
1, 1999; 69 FR 50073, Aug. 13, 2004]
Sec. 52.377 Control strategy: Ozone.
(a) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 30, 1997
and January 7, 1998. These revisions are for the purpose of satisfying
the rate of progress requirement of section 182(c)(2) through 1999, and
the contingency measure requirements of sections 172(c)(9) and 182(c)(9)
of the Clean Air Act, for the Greater Hartford serious ozone
nonattainment area, and the Connecticut portion of the NY-NJ-CT severe
ozone nonattainment area.
(b) Approval--Revisions to the State Implementation Plan submitted
by the Connecticut Department of Environmental Protection on September
16, 1998, February 8, 2000 and June 17, 2003. 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 Greater Connecticut
serious ozone nonattainment area. The revision establishes an attainment
date of November 15, 2007 for the Greater Connecticut serious ozone
nonattainment area. Connecticut commits to conduct a mid-course review
to assess modeling and monitoring progress achieved toward the goal of
attainment by 2007, and submit the results to EPA by December 31, 2004.
The June 17, 2003 revision establishes MOBILE6-based motor vehicle
emissions budgets for 2007 of 51.9 tons per day of volatile organic
compounds (VOC) and 98.4 tons per day of nitrogen oxides
(NOX) to be used in transportation conformity in the Greater
Connecticut serious ozone nonattainment area.
(c) Approval--Revisions to the State Implementation Plan submitted
by the Connecticut Department of Environmental Protection on October 15,
2001 and June 17, 2003. These revisions are for the purpose of
satisfying the rate of progress requirement of section 182 (c)(2)(B)
through 2007, and the contingency measure requirements of section 182
(c)(9) of the Clean Air Act, for the Connecticut portion of the NY-NJ-CT
severe ozone nonattainment area. The October 15, 2001 revision
establishes motor vehicle emissions budgets for 2002 of 15.20 tons per
day of VOC and 38.39 tons per day of NOX to be used in
transportation conformity in the Connecticut portion of the NY-NJ-CT
severe ozone nonattainment area. The June 17, 2003 revision establishes
motor vehicle emissions budgets for 2005 of 19.5 tons per day of VOC and
36.8 tons per day of NOX to be used in transportation
conformity in the Connecticut portion of the NY-NJ-CT severe ozone
nonattainment area.
(d) Approval--Revisions to the State Implementation Plan submitted
by the Connecticut Department of Environmental Protection on September
16, 1998, February 8, 2000, October 15, 2001 and June 17, 2003. 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
Connecticut portion of the NY-NJ-CT severe ozone nonattainment
[[Page 717]]
area. The June 17, 2003 revision establishes MOBILE6-based motor vehicle
emissions budgets for 2007 of 16.4 tons per day of VOC and 29.7 tons per
day of NOX to be used in transportation conformity in the
Connecticut portion of the NY-NJ-CT severe ozone nonattainment area.
Connecticut commits to adopt and submit by October 31, 2001, additional
necessary regional control measures to offset the emission reduction
shortfall in order to attain the one-hour ozone standard by November
2007. Connecticut commits to adopt and submit by October 31, 2001,
additional necessary intrastate control measures to offset the emission
reduction shortfall in order to attain the one-hour ozone standard by
November 2007. Connecticut commits to adopt and submit additional
restrictions on VOC emissions from mobile equipment and repair
operations; and requirements to reduce VOC emissions from certain
consumer products. Connecticut also commits to conduct a mid-course
review to assess modeling and monitoring progress achieved toward the
goal of attainment by 2007, and submit the results to EPA by December
31, 2004.
(e) Commitment Fulfillment--Connecticut has fulfilled the commitment
in section 52.377(d), to adopt additional NOX and VOC control
measures to meet the emission reduction shortfall in its 1-hour severe
ozone nonattainment area.
(f) Determination of Attainment. Effective September 30, 2010, EPA
is determining that the Greater Connecticut 8-hour ozone nonattainment
area has attained the 1997 8-hour ozone standard. Under the provisions
of EPA's ozone implementation rule (see 40 CFR 51.918), this
determination suspends the reasonable further progress and attainment
demonstration requirements of section 182(b)(1) and related requirements
of section 172(c)(9) of the Clean Air Act for as long as the area does
not monitor any violations of the 1997 8-hour ozone standard. If a
violation of the 1997 ozone NAAQS is monitored in the Greater
Connecticut 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.
(g) Approval--Submittal from the Connecticut Department of
Environmental Protection, dated December 28, 2007, to address the Clean
Air Act (CAA) infrastructure requirements for the 1997 ozone National
Ambient Air Quality Standard (NAAQS). This submittal satisfies the
requirements of CAA sections 110(a)(2)(A), (B), (C), (E), (F), (G), (H),
(J), (K), (L), and (M).
(h) Conditional Approval--Submittal from the Connecticut Department
of Environmental Protection, dated December 28, 2007, to address the
Clean Air Act (CAA) infrastructure requirements for the 1997 ozone
National Ambient Air Quality Standard (NAAQS). On May 2, 2011, the State
of Connecticut supplemented this submittal with a commitment to address
the requirements of section 110(a)(2)(D)(ii) of the CAA that requires
notification of affected states for Prevention of Significant
Deterioration purposes. EPA is conditionally approving Connecticut's
submittal with respect to CAA section 110(a)(2)(D)(ii).
(i) Determination of Attainment for the One-Hour Ozone Standard.
Effective April 16, 2012, EPA is determining that the Greater
Connecticut one-hour ozone nonattainment area did not meet its
applicable one-hour ozone attainment date of November 15, 2007, based on
2005-2007 complete, quality-assured ozone monitoring data. Separate from
and independent of this determination, EPA is determining that the
Greater Connecticut one-hour ozone nonattainment area met the one-hour
ozone standard, based on 2008-2010 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 2006-2008 monitoring period, and has continued
attaining the one-hour standard through the 2007-2009 and 2008-2010
monitoring periods.
(j) Determination of Attainment for the One-Hour Ozone Standard.
Effective July 18, 2012, EPA is determining that the New York-Northern
New Jersey-Long Island (NY-NJ-CT) one-hour ozone nonattainment area did
not meet
[[Page 718]]
its applicable one-hour ozone attainment date of November 15, 2007,
based on 2005-2007 complete, quality-assured and certified ozone
monitoring data. Separate from and independent of this determination,
EPA is determining that the New York-Northern New Jersey-Long Island
(NY-NJ-CT) one-hour ozone nonattainment area has attained the one-hour
ozone standard, based on 2008-2010 complete, quality-assured and
certified ozone monitoring data at all monitoring sites in the area and
data showing the area continued to attain through 2011.
(k) Determination of Attainment for the Eight-Hour Ozone Standard.
Effective July 18, 2012 EPA is determining, that complete, quality-
assured and certified ozone monitoring data for 2007-2009 show the NY-
NJ-CT eight-hour ozone nonattainment area attained the 1997 eight-hour
ozone standard by its June 15, 2010 attainment deadline. Therefore, EPA
has met the requirement pursuant to CAA section 181(b)(2)(A) to
determine, based on the area's air quality data as of the attainment
date, whether the area attained the standard. EPA also determined that
the NY-NJ-CT nonattainment area will not be reclassified for failure to
attain by its applicable attainment date under section 181(b)(2)(A). EPA
is also determining that the NY-NJ-CT eight-hour ozone nonattainment
area currently continues to attain the eight-hour ozone NAAQS, based on
complete, quality-assured and certified data for 2008-2010 and data
through 2011. This determination, in accordance with 40 CFR 51.918,
suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standard for as long as this
area continues to meet the 1997 annual eight-hour ozone NAAQS.
(l) Approval--Revisions to the Connecticut State Implementation Plan
(SIP) submitted on December 8, 2006. The SIP revision satisfies the
requirement to implement reasonably available control technology (RACT)
for sources of volatile organic compounds (VOC) and oxides of nitrogen
(NOX) for purposes of the 1997 8-hour ozone standard.
Specifically, the following sections of the Regulations of Connecticut
State Agencies are approved for this purpose: For VOC RACT, 22a-174-20,
Control of Organic Compound Emissions, 22a-174-30, Dispensing of
Gasoline/Stage I and Stage II Vapor Recovery, and 22a-174-32, RACT for
Organic Compounds; for NOX RACT, 22a-174-22, Control of
Nitrogen Oxide Emissions, and 22a-174-38, Municipal Waste Combustors.
(m) Approval. (1) Revisions to the State Implementation Plan
submitted by the Connecticut Department of Environmental Protection on
August 18, 2000, December 12, 2002, July 1, 2004, January 13, 2006. The
revisions consist of 148 single source emission trading orders necessary
for satisfying Reasonable Available Control Technology requirements for
nitrogen oxides during specific time periods. All trading orders expired
before January 1, 2013, with the exception of Trading Agreement and
Order 8242, in paragraph (m)(1)(xlii) of this section, issued to PSEG
Power Connecticut, LLC in Bridgeport, Connecticut on February 12, 2003.
Trading Agreement and Order 8242 was issued to reflect a change in
ownership at the source.
(i) Trading Agreement and Order No. 8116 Modification No. 1 issued
to the Connecticut Resources Recovery Authority in Hartford on April 29,
1999.
(ii) Trading Agreement and Order No. 1494A issued to the Connecticut
Resources Recovery Authority in Hartford on May 4, 2001.
(iii) Trading Agreement and Order No. 8116A issued to The
Connecticut Resources Recovery Authority in Hartford on March 18, 2003.
(iv) Trading Agreement and Order No. 8116B issued to The Connecticut
Resources Recovery Authority in Hartford on April 11, 2005.
(v) Order No. 1494 Modification No. 2 issued to The Connecticut
Light and Power Company in Branford, Greenwich, Hartford, Montville,
Middletown, Milford, Preston, Norwalk, and Torrington on May 6, 1998.
(vi) Order No. 1494 Modification No. 3 Issued to The Connecticut
Light and Power Company In Branford, Greenwich, Hartford, Montville,
Middletown,
[[Page 719]]
Milford, Preston, Norwalk, and Torrington on February 3, 1999.
(vii) Consent Order No. 1494 Modification No. 4 issued to
Connecticut Light and Power Company in Branford, Greenwich, Hartford,
Montville, Middletown, Milford, Preston, Norwalk, and Torrington on
April 29, 1999.
(viii) Order No. 1494 Modification No. 5 issued to The Connecticut
Light and Power Company in Branford, Greenwich, Hartford, Montville,
Middletown, Milford, Preston, Norwalk, and Torrington on November 29,
1999.
(ix) Order No. 1494 Modification No. 6 issued to The Connecticut
Light and Power Company in Branford, Greenwich, Hartford, Montville,
Middletown, Milford, Preston, Norwalk, and Torrington on April 30, 2000.
(x) Trading Agreement and Order No. 8154 Modification No. 1 issued
to Combustion Engineering, Inc. in Windsor on June 3, 1998.
(xi) Trading Agreement and Order No. 8154 Modification No. 2 issued
to Combustion Engineering, Inc. in Windsor on April 29, 1999.
(xii) Trading Agreement and Order No. 8154 Modification No. 3 issued
to Combustion Engineering, Inc. in Windsor on April 21, 2002.
(xiii) Trading Agreement and Order No. 8154A issued to Combustion
Engineering, Inc. in Windsor on April 26, 2003.
(xiv) Consent Order No. 1626 issued to Borough of Naugatuck in
Naugatuck on February 14, 2001.
(xv) Consent Order No. 1626 Modification No. 1 issued to Borough of
Naugatuck in Naugatuck on July 31, 2002.
(xvi) Trading Agreement and Order No. 8247 issued to Borough of
Naugatuck in Naugatuck on April 26, 2003.
(xvii) Trading Agreement and Order No. 8159 issued to The
Connecticut Light and Power Company in Milford on April 29, 1999.
(xviii) Trading Agreement and Order No. 8181 issued to Devon Power,
LLC in Milford on January 12, 2000.
(xix) Trading Agreement and Order No. 8181A issued to Devon Power,
LLC in Milford on April 22, 2003.
(xx) Trading Agreement and Order No. 8181A Modification No. 1 issued
to Devon Power, LLC in Milford on March 21, 2005.
(xxi) Trading Agreement and Order No. 8219 issued to Devon Power,
LLC in Milford on March 22, 2002.
(xxii) Trading Agreement and Order No. 8219A issued to Devon Power,
LLC in Milford on April 30, 2003.
(xxiii) Trading Agreement and Order No. 8219A Modification No. 1
issued to Devon Power, LLC in Milford on September 16, 2004.
(xxiv) Trading Agreement and Order No. 8251 issued to Devon Power,
LLC in Milford on September 15, 2003.
(xxv) Trading and Agreement Order No. 8251 Modification No. 1 issued
to Devon Power, LLC in Milford on March 21, 2005.
(xxvi) Trading Agreement and Order No. 8109 issued to Hamilton
Sundstrand Corporation in Windsor Locks on April 29, 2003.
(xxvii) Trading Agreement and Order No. 8093A issued to Pfizer, Inc.
in Groton on April 29, 1999.
(xxviii) Trading Agreement and Order No. 8093B issued to Pfizer,
Inc. in Groton on December 5, 2001.
(xxix) Trading Agreement and Order No. 8093C issued to Pfizer, Inc.
in Groton on April 29, 2003.
(xxx) Trading Agreement and Order No. 8093C Modification No. 1
issued to Pfizer, Inc. in Groton on April 11, 2005.
(xxxi) Trading Agreement and Order No. 8136 issued to Pfizer, Inc.
in Groton on April 29, 1999.
(xxxii) Trading Agreement and Order No. 8136A issued to Pfizer, Inc.
in Groton on April 14, 2003.
(xxxiii) Trading Agreement and Order No. 8119 Modification No. 1
issued to City of Norwich Department of Public Utilities in Norwich on
April 29, 1999.
(xxxiv) Trading Agreement and Order No. 8119A issued to City of
Norwich Department of Public Utilities in Norwich on April 29, 2003.
(xxxv) Trading Agreement and Order No. 8119A Modification No. 1
issued to City of Norwich Department Of Public Utilities in Norwich on
March 21, 2005.
(xxxvi) Trading Agreement and Order No. 8092 Modification No. 1
issued to The United Illuminating Company in Bridgeport on April 30,
1999.
(xxxvii) Trading Agreement and Order No. 8103 Modification No. 1
[[Page 720]]
issued to The United Illuminating Company in Bridgeport on February 18,
1997.
(xxxviii) Trading Agreement and Order No. 8103 Modification No. 2
issued to The United Illuminating Company in Bridgeport on April 30,
1999.
(xxxix) Trading Agreement and Order No. 8177 Modification 1 issued
to Wisvest-Connecticut, LLC in Bridgeport on March 12, 2001.
(xl) Trading Agreement and Order No. 8241 issued to PSEG Power
Connecticut, LLC in Bridgeport on February 13, 2003.
(xli) Trading Agreement and Order No. 8241 Modification No. 1 issued
to PSEG Power Connecticut, LLC in Bridgeport on September 15, 2004.
(xlii) Trading Agreement and Order No. 8242 issued to PSEG Power
Connecticut, LLC in Bridgeport on February 13, 2003.
(xliii) Trading Agreement and Order No. 8243 issued to PSEG Power
Connecticut, LLC in New Haven on February 13, 2003.
(xliv) Trading Agreement and Order No. 8244 issued to PSEG Power
Connecticut, LLC in Bridgeport on February 13, 2003.
(xlv) Trading Agreement and Order No. 8244 Modification No. 1 issued
to PSEG Power Connecticut, LLC in Bridgeport on March 21, 2005.
(xlvi) Trading Agreement and Order No. 8253 issued to PSEG Power
Connecticut, LLC in Bridgeport on July 23, 2003.
(xlvii) Trading Agreement and Order No. 8253 Modification No. 1
issued to PSEG Power Connecticut, LLC in Bridgeport on September 15,
2004.
(xlviii) Trading Agreement and Order No. 8115 Modification No. 2
issued to University of Connecticut in Storrs on April 29, 1999.
(xlix) Trading Agreement and Order No. 8115B issued to University of
Connecticut in Storrs on March 21, 2003.
(l) Trading Agreement and Order No. 8107 Modification No. 1 issued
to Northeast Nuclear Energy Company in Waterford on April 29, 1999.
(li) Trading Agreement and Order No. 8107 Modification No. 2 issued
to Northeast Nuclear Energy Company in Waterford on March 29, 2001.
(lii) Trading Agreement and Order No. 8152 issued to Northeast
Nuclear Energy Company in Waterford on July 9, 1998.
(liii) Trading Agreement and Order No. 8152 Modification No. 1
issued to Northeast Nuclear Energy Company in Waterford on December 30,
1998.
(liv) Trading Agreement and Order No. 8152A issued to Northeast
Nuclear Energy Company in Waterford on June 28, 1999.
(lv) Trading Agreement and Order No. 8221 issued to Dominion Nuclear
Connecticut, Inc. in Waterford on March 29, 2001.
(lvi) Trading Agreement and Order No. 8221A issued to Dominion
Nuclear Connecticut, Inc. in Waterford on April 28, 2003.
(lvii) Trading Agreement and Order No. 8222 issued to Dominion
Nuclear Connecticut, Inc. in Waterford on March 29, 2001.
(lviii) Trading Agreement and Order No. 8222A issued to Dominion
Nuclear Connecticut, Inc. in Waterford on April 28, 2003.
(lix) Trading Agreement and Order No. 8180 issued to Connecticut Jet
Power LLC in Branford, Greenwich, and Torrington on January 12, 2000.
(lx) Trading Agreement and Order No. 8180 Modification No. 1 issued
to Connecticut Jet Power, LLC in Branford, Greenwich, and Torrington on
May 7, 2002.
(lxi) Trading Agreement and Order No. 8180A issued to Connecticut
Jet Power, LLC in Branford, Greenwich, and Torrington on April 22, 2003.
(lxii) Trading Agreement and Order No. 8180A Modification No. 1
issued to Connecticut Jet Power, LLC in Branford, Greenwich, and
Torrington on March 21, 2005.
(lxiii) Trading Agreement and Order No. 8114 Modification No. 1
issued to Cytec Industries, Inc. in Wallingford on April 29, 1999.
(lxiv) Trading Agreement and Order No. 8114 Modification No. 2
issued to Cytec Industries, Inc. in Wallingford on May 26, 2001.
(lxv) Trading Agreement and Order No. 8114A issued to Cytec
Industries, Inc. in Wallingford on April 24, 2003.
[[Page 721]]
(lxvi) Trading Agreement and Order No. 8117 issued to Sprague
Paperboard, Inc. in Versailles on December 10, 2002.
(lxvii) Trading Agreement and Order No. 8117A issued to Sprague
Paperboard, Inc. in Versailles on September 29, 2003.
(lxviii) Trading Agreement and Order No. 8117B issued to Sprague
Paperboard, Inc. in Versailles on April 25, 2005.
(lxix) Trading Agreement and Order No. 8157 issued to The
Connecticut Light and Power Company in Middletown on April 29, 1999.
(lxx) Trading Agreement and Order No. 8160 issued to The Connecticut
Light and Power Company in Middletown on April 29, 1999.
(lxxi) Trading Agreement and Order No. 8162 issued to The
Connecticut Light and Power Company in Middletown on April 29, 1999.
(lxxii) Trading Agreement and Order No. 8182 issued to Middletown
Power, LLC in Middletown on January 12, 2000.
(lxxiii) Trading Agreement and Order No. 8182A issued to Middletown
Power, LLC in Middletown on April 22, 2003.
(lxxiv) Trading Agreement and Order No. 8182A Modification No. 1
issued to Middletown Power, LLC in Middletown on March 21, 2005.
(lxxv) Trading Agreement and Order No. 8213 issued to Middletown
Power, LLC in Middletown on March 22, 2002.
(lxxvi) Trading Agreement and Order No. 8213A issued to Middletown
Power, LLC in Middletown on April 30, 2003.
(lxxvii) Trading Agreement and Order No. 8213A Modification No. 1
issued to Middletown Power, LLC in Middletown on September 16, 2004.
(lxxviii) Trading Agreement and Order No. 8214 issued to Middletown
Power, LLC in Middletown on March 22, 2002.
(lxxix) Trading Agreement and Order No. 8214A issued to Middletown
Power, LLC in Middletown on April 30, 2003.
(lxxx) Trading Agreement and Order No. 8214A Modification No. 1
issued to Middletown Power, LLC in Middletown on September 16, 2004.
(lxxxi) Trading Agreement and Order No. 8215 issued to Middletown
Power, LLC in Middletown on March 22, 2002.
(lxxxii) Trading Agreement and Order No. 8215A issued to Middletown
Power, LLC in Middletown on April 30, 2003.
(lxxxiii) Trading Agreement and Order No. 8215A Modification No. 1
issued to Middletown Power, LLC in Middletown on September 16, 2004.
(lxxxiv) Consent Order No. 8227 issued to Middletown Power, LLC in
Middletown on March 11, 2002.
(lxxxv) Trading Agreement and Order No. 8227A issued to Middletown
Power, LLC in Middletown on April 26, 2003.
(lxxxvi) Trading Agreement and Order No. 8227A Modification 1 issued
to Middletown Power, LLC in Middletown on July 18, 2003.
(lxxxvii) Trading Agreement and Order No. 8156 issued to The
Connecticut Light and Power Company in Montville on April 29, 1999.
(lxxxviii) Trading Agreement and Order No. 8161 issued to The
Connecticut Light and Power Company in Montville on April 29, 1999.
(lxxxix) Trading Agreement and Order No. 8183 issued to Montville
Power, LLC in Montville on January 12, 2000.
(xc) Trading Agreement and Order No. 8183A issued to Montville
Power, LLC in Montville on April 22, 2003.
(xci) Trading Agreement and Order No. 8183A Modification No. 1
issued to Montville Power, LLC in Montville on March 21, 2005.
(xcii) Trading Agreement and Order No. 8216 issued to Montville
Power, LLC in Montville on March 22, 2002.
(xciii) Trading Agreement and Order No. 8216A issued to Montville
Power, LLC in Montville on April 30, 2003.
(xciv) Trading Agreement and Order No. 8216A Modification No. 1
issued to Montville Power, LLC in Montville on September 16, 2004.
(xcv) Trading Agreement and Order No. 8217 issued to Montville
Power, LLC in Montville on March 22, 2002.
(xcvi) Trading Agreement and Order No. 8217A issued to Montville
Power, LLC in Montville on April 30, 2003.
(xcvii) Trading Agreement and Order No. 8217A Modification No. 1
issued to Montville Power, LLC in Montville on September 16, 2004.
(xcviii) Trading Agreement and Order No. 8158 issued to The
Connecticut
[[Page 722]]
Light and Power Company in Norwalk on April 29, 1999.
(xcix) Trading Agreement and Order No. 8184 issued to Norwalk Power,
LLC in Norwalk on January 12, 2000.
(c) Trading Agreement and Order No. 8184A issued to Norwalk Power,
LLC in Norwalk on April 22, 2003.
(ci) Trading Agreement and Order No. 8184A Modification No. 1 issued
to Norwalk Power, LLC in Norwalk on March 21, 2005.
(cii) Trading Agreement and Order No. 8218 issued to Norwalk Power,
LLC in Norwalk on March 22, 2002.
(ciii) Trading Agreement and Order No. 8218A issued to Norwalk
Power, LLC in Norwalk on April 30, 2003.
(civ) Trading Agreement and Order No. 8218A Modification No. 1
issued to Norwalk Power, LLC in Norwalk on September 16, 2004.
(cv) Trading Agreement and Order No. 8134 issued to United
Technologies Corporation in East Hartford on January 24, 2000.
(cvi) Trading Agreement and Order No. 8134A issued to United
Technologies Corporation in East Hartford on April 15, 2003.
(cvii) Trading Agreement and Order No. 8248 issued to United
Technologies Corporation in East Hartford on August 19, 2003.
(cviii) Trading Agreement and Order No. 8175 issued to Northeast
Generation Company in Berlin on February 1, 2000.
(cix) Trading Agreement and Order No. 8175 Modification No. 1 issued
to Northeast Generation Company in Berlin on March 13, 2000.
(cx) Trading Agreement and Order No. 8175A issued to Northeast
Generation Company in Berlin on April 28, 2003.
(cxi) Trading Agreement and Order No. 8175A Modification No. 1
issued to Northeast Generation Company in Berlin on April 11, 2005.
(cxii) Trading Agreement and Order No. 8102 Modification No. 1
issued to The United Illuminating Company in New Haven on April 30,
1999.
(cxiii) Trading Agreement and Order No. 8153 issued to The United
Illuminating Company in New Haven on April 30, 1999.
(cxiv) Trading Agreement and Order No. 8176 Modification No. 1
issued to Wisvest-Connecticut, LLC in New Haven on March 12, 2001.
(cxv) Trading Agreement and Order No. 8240 issued to PSEG Power
Connecticut, LLC in New Haven on February 13, 2003.
(cxvi) Trading Agreement and Order No. 8240 Modification No. 1
issued to PSEG Power Connecticut, LLC in New Haven on September 16,
2004.
(cxvii) Trading Agreement and Order No. 8220 issued to Bristol-
Meyers Squibb Company in Wallingford on September 23, 2001.
(cxviii) Trading Agreement and Order No. 8220A issued to Bristol-
Meyers Squibb Company in Wallingford on March 27, 2003.
(cxix) Trading Agreement and Order No. 8220A Modification No. 1
issued to Bristol-Meyers Squibb Company in Wallingford on May 5, 2005.
(cxx) Trading Agreement and Order No. 8124 issued to Stone Container
Corporation in Uncasville on January 15, 2002.
(cxxi) Trading Agreement and Order No. 8124A issued to Stone
Container Corporation in Uncasville on March 12, 2003.
(cxxii) Trading Agreement and Order No. 8120 issued to Sikorsky
Aircraft Corporation in Stratford on April 5, 2002.
(cxxiii) Trading Agreement and Order No. 8120A issued to Sikorsky
Aircraft Corporation in Stratford on March 27, 2003.
(cxxiv) Trading Agreement and Order No. 8137 Modification No. 1
issued to Alliedsignal, Inc. and U.S. Army Tank-Automotive and Armaments
Command in Stratford on July 8, 1997.
(cxxv) Trading Agreement and Order No. 8137 Modification No. 2
issued to U.S. Army Tank-Automotive and Armaments Command in Stratford
on April 29, 1999.
(cxxvi) Trading Agreement and Order No. 8137A issued to United
States Army Stratford Army Engine Plant in Stratford on May 1, 2003.
(cxxvii) Trading Agreement and Order No. 8188 issued to Allegheny
Ludlum Corporation in Wallingford on May 28, 2002.
[[Page 723]]
(cxxviii) Trading Agreement and Order No. 8112 issued to US Navy
Submarine Base New London in Groton on April 30, 1999.
(cxxix) Trading Agreement and Order No. 8112A issued to United
States Naval Submarine Base in Groton on May 7, 2003.
(cxxx) Trading Agreement and Order No. 8112A, Modification No. 1
issued to United States Naval Submarine Base in Groton on April 25,
2005.
(cxxxi) Trading Agreement and Order No. 8201CC issued to US Naval
Submarine Base New London in Groton on July 12, 2002.
(cxxxii) Trading Agreement and Order No. 8230 issued to Jacobs
Vehicle Systems, Inc. in Bloomfield on November 21, 2002.
(cxxxiii) Trading Agreement and Order No. 8110 Modification No. 1
issued to Yale University in New Haven on April 29, 1999.
(cxxxiv) Trading Agreement and Order No. 8123 Modification No. 1
issued to Algonquin Gas Transmission Company in Cromwell on April 29,
1999.
(cxxxv) Trading Agreement and Order No. 8123A issued to Algonquin
Gas Transmission Company in Cromwell on April 30, 2003.
(cxxxvi) Trading Agreement and Order No. 8250 issued to Algonquin
Windsor Locks, LLC in Windsor Locks on August 27, 2003.
(cxxxvii) Trading Agreement and Order No. 8261 issued to Algonquin
Windsor Locks, LLC in Windsor Locks on April 8, 2005.
(cxxxviii) Trading Agreement and Order No. 8249 issued to Capitol
District Energy Center Cogeneration Associates in Hartford on September
29, 2003.
(cxxxix) Trading Agreement and Order No. 8249 Modification No. 1
issued to Capitol District Energy Center Cogeneration Associates in
Hartford on April 11, 2005.
(cxl) Trading Agreement and Order No. 8094 Modification No. 1 issued
to Ogden Martin Systems of Bristol, Inc. in Bristol on April 29, 1999.
(cxli) Trading Agreement and Order No. 8095 Modification No. 1
issued to American Ref-Fuel Company of Southeastern Connecticut in
Preston on April 29, 1999.
(cxlii) Trading Agreement and Order No. 8100 Modification No. 1
issued to Bridgeport Resco Company, Limited Partnership in Bridgeport on
April 29, 1999.
(cxliii) Trading Agreement and Order No. 8101 Modification No. 1
issued to State of Connecticut Department of Mental Health and Addiction
Services in Middletown on April 29, 1999.
(cxliv) Trading Agreement and Order No. 8111 Modification No. 1
issued to Uniroyal Chemical Company, Inc. in Naugatuck on April 29,
1999.
(cxlv) Trading Agreement and Order No. 8118 Modification No. 1
issued to South Norwalk Electric Works in South Norwalk on April 29,
1999.
(cxlvi) Trading Agreement and Order No. 8130 Modification No. 1
issued to Department of Public Works in Newton on April 29, 1999.
(cxlvii) Trading Agreement and Order No. 8132 Modification No. 1
issued to Bridgeport Hospital in Bridgeport on April 29, 1999.
(cxlviii) Trading Agreement and Order No. 8141 Modification No. 1
issued to The Town of Wallingford Department of Public Utilities in
Wallingford on April 29, 1999.
(2) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Energy and Environmental Protection on
November 15, 2011 and July 1, 2004. The revisions consist of 90 single
source emission trading orders necessary for satisfying Reasonable
Available Control Technology requirements for nitrogen oxides during
specific time periods.
(i) Trading Agreement and Order No. 8093C, Modification No. 2 issued
to Pfizer in Groton.
(ii) Trading Agreement and Order No. 8093C, Modification No. 3
issued to Pfizer in Groton.
(iii) Trading Agreement and Order No. 8136A, Modification No. 1
issued to Pfizer in Groton.
(iv) Trading Agreement and Order No. 8136A, Modification No. 2
issued to Pfizer in Groton.
(v) Trading Agreement and Order No. 8296 issued to Pfizer in Groton.
(vi) Trading Agreement and Order No. 8109, Modification No. 1 issued
to Hamilton Sundstrand Corporation in Windsor Locks.
[[Page 724]]
(vii) Trading Agreement and Order No. 8109, Modification No. 2
issued to Hamilton Sundstrand Corporation in Windsor Locks.
(viii) Trading Agreement and Order No. 8109, Modification No. 3
issued to Hamilton Sundstrand Corporation in Windsor Locks.
(ix) Trading Agreement and Order No. 8291 issued to Hamilton
Sundstrand Corporation in Windsor Locks.
(x) Trading Agreement and Order No. 8291, Modification No. 1 issued
to Hamilton Sundstrand Corporation in Windsor Locks.
(xi) Trading Agreement and Order No. 8114A, Modification No. 1
issued to Cytec Industries, Inc. in Wallingford.
(xii) Trading Agreement and Order No. 8114A, Modification No. 2
issued to Cytec Industries, Inc. in Wallingford.
(xiii) Trading Agreement and Order No. 8115B, Modification No. 1
issued to University of Connecticut in Storrs.
(xiv) Trading Agreement and Order No. 8115B, Modification No. 2
issued to University of Connecticut in Storrs.
(xv) Trading Agreement and Order No. 8115B, Modification No. 3
issued to University of Connecticut in Storrs.
(xvi) Trading Agreement and Order No. 8116B, Modification No. 1
issued to Connecticut Resources Recovery Authority in Hartford.
(xvii) Trading Agreement and Order No. 8116B, Modification No. 2
issued to Connecticut Resources Recovery Authority in Hartford.
(xviii) Trading Agreement and Order No. 8302 issued to Connecticut
Resources Recovery Authority in Hartford.
(xix) Trading Agreement and Order No. 8119A, Modification No. 2
issued to City of Norwich, Department of Public Utilities in Norwich.
(xx) Trading Agreement and Order No. 8119A, Modification No. 3
issued to City of Norwich, Department of Public Utilities in Norwich.
(xxi) Trading Agreement and Order No. 8304 issued to City of
Norwich, Department of Public Utilities in Norwich.
(xxii) Trading Agreement and Order No. 8120A, Modification No. 1
issued to Sikorsky Aircraft Corporation in Stratford.
(xxiii) Trading Agreement and Order No. 8120A, Modification No. 2
issued to Sikorsky Aircraft Corporation in Stratford.
(xxiv) Trading Agreement and Order No. 8293 issued to Sikorsky
Aircraft Corporation in Stratford.
(xxv) Trading Agreement and Order No. 8293, Modification No. 1
issued to Sikorsky Aircraft Corporation in Stratford.
(xxvi) Trading Agreement and Order No. 8123A, Modification No. 1
issued to Algonquin Gas Transmission Company in Cromwell.
(xxvii) Trading Agreement and Order No. 8123A, Modification No. 2
issued to Algonquin Gas Transmission Company in Cromwell.
(xxviii) Trading Agreement and Order No. 8134A, Modification No. 1
issued to United Technologies Corporation in East Hartford.
(xxix) Trading Agreement and Order No. 8134A, Modification No. 2
issued to United Technologies Corporation in East Hartford.
(xxx) Trading Agreement and Order No. 8289 issued to United
Technologies Corporation in East Hartford.
(xxxi) Trading Agreement and Order No. 8154A, Modification No. 1
issued to Combustion Engineering, Inc. in Windsor.
(xxxii) Trading Agreement and Order No. 8154A, Modification No. 2
issued to Combustion Engineering, Inc. in Windsor.
(xxxiii) Trading Agreement and Order No. 8180A, Modification No. 2
issued to Connecticut Jet Power LLC in Branford, Greenwich, and
Torrington.
(xxxiv) Trading Agreement and Order No. 8180A, Modification No. 3
issued to Connecticut Jet Power LLC in Branford, Greenwich, and
Torrington.
(xxxv) Trading Agreement and Order No. 8181A, Modification No. 2
issued to Devon Power LLC in Milford.
(xxxvi) Trading Agreement and Order No. 8181A, Modification No. 3
issued to Devon Power LLC in Milford.
(xxxvii) Trading Agreement and Order No. 8219A, Modification No. 2
issued to Devon Power LLC in Milford.
(xxxviii) Trading Agreement and Order No. 8251A, Modification No. 2
issued to Devon Power LLC in Milford.
[[Page 725]]
(xxxix) Trading Agreement and Order No. 8251A, Modification No. 3
issued to Devon Power LLC in Milford.
(xl) Trading Agreement and Order No. 8182A, Modification No. 2
issued to Middleton Power LLC in Middleton.
(xli) Trading Agreement and Order No. 8182A, Modification No. 3
issued to Middleton Power LLC in Middleton.
(xlii) Trading Agreement and Order No. 8213A, Modification No. 2
issued to Middleton Power LLC in Middleton.
(xliii) Trading Agreement and Order No. 8213A, Modification No. 3
issued to Middleton Power LLC in Middleton.
(xliv) Trading Agreement and Order No. 8214A, Modification No. 2
issued to Middleton Power LLC in Middleton.
(xlv) Trading Agreement and Order No. 8214A, Modification No. 3
issued to Middleton Power LLC in Middleton.
(xlvi) Trading Agreement and Order No. 8215A, Modification No. 2
issued to Middleton Power LLC in Middleton.
(xlvii) Trading Agreement and Order No. 8215A, Modification No. 3
issued to Middleton Power LLC in Middleton.
(xlviii) Trading Agreement and Order No. 8183A, Modification No. 2
issued to Montville Power LLC in Montville.
(xlix) Trading Agreement and Order No. 8183A, Modification No. 3
issued to Montville Power LLC in Montville.
(l) Trading Agreement and Order No. 8216A, Modification No. 2 issued
to Montville Power LLC in Montville.
(li) Trading Agreement and Order No. 8216A, Modification No. 3
issued to Montville Power LLC in Montville.
(lii) Trading Agreement and Order No. 8217A, Modification No. 2
issued to Montville Power LLC in Montville.
(liii) Trading Agreement and Order No. 8217A, Modification No. 3
issued to Montville Power LLC in Montville.
(liv) Trading Agreement and Order No. 8184A, Modification No. 2
issued to Norwalk Power LLC in Norwalk.
(lv) Trading Agreement and Order No. 8184A, Modification No. 3
issued to Norwalk Power LLC in Norwalk.
(lvi) Trading Agreement and Order No. 8218A, Modification No. 2
issued to Norwalk Power LLC in Norwalk.
(lvii) Trading Agreement and Order No. 8218A, Modification No. 3
issued to Norwalk Power LLC in Norwalk.
(lviii) Trading Agreement and Order No. 8221A, Modification No. 1
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lix) Trading Agreement and Order No. 8221A, Modification No. 2
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lx) Trading Agreement and Order No. 8222A, Modification No. 1
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lxi) Trading Agreement and Order No. 8222A, Modification No. 2
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lxii) Trading Agreement and Order No. 8288 issued to Dominion
Nuclear Connecticut, Inc. in Waterford.
(lxiii) Trading Agreement and Order No. 8288, Modification No. 1
issued to Dominion Nuclear Connecticut, Inc. in Waterford.
(lxiv) Trading Agreement and Order No. 8240, Modification No. 2
issued to PSEG Power Connecticut LLC in New Haven.
(lxv) Trading Agreement and Order No. 8240, Modification No. 3
issued to PSEG Power Connecticut LLC in New Haven.
(lxvi) Trading Agreement and Order No. 8243, Modification No. 1
issued to PSEG Power Connecticut LLC in New Haven.
(lxvii) Trading Agreement and Order No. 8243, Modification No. 2
issued to PSEG Power Connecticut LLC in New Haven.
(lxviii) Trading Agreement and Order No. 8241, Modification No. 2
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxix) Trading Agreement and Order No. 8241, Modification No. 3
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxx) Trading Agreement and Order No. 8244, Modification No. 2
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxxi) Trading Agreement and Order No. 8244, Modification No. 3
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxxii) Trading Agreement and Order No. 8253, Modification No. 2
issued to PSEG Power Connecticut LLC in Bridgeport.
(lxxiii) Trading Agreement and Order No. 8253, Modification No. 3
issued to
[[Page 726]]
PSEG Power Connecticut LLC in Bridgeport.
(lxxiv) Trading Agreement and Order No. 8301 issued to PSEG Power
LLC, PSEG Fossil LLC, and PSEG Power Connecticut LLC in Bridgeport.
(lxxv) Trading Agreement and Order No. 8305 issued to PSEG Power
LLC, PSEG Fossil LLC, and PSEG Power Connecticut LLC in New Haven and
Bridgeport.
(lxxvi) Trading Agreement and Order No. 8249, Modification No. 2
issued to Capitol District Energy Center Cogeneration Associates in
Hartford.
(lxxvii) Trading Agreement and Order No. 8249, Modification No. 3
issued to Capitol District Energy Center Cogeneration Associates in
Hartford.
(lxxviii) Trading Agreement and Order No. 8298 issued to Capitol
District Energy Center Cogeneration Associates in Hartford.
(lxxix) Trading Agreement and Order No. 8261, Modification No. 1
issued to Algonquin Power Windsor Locks LLC in Windsor Locks.
(lxxx) Trading Agreement and Order No. 8261, Modification No. 2
issued to Algonquin Power Windsor Locks LLC in Windsor Locks.
(lxxxi) Trading Agreement and Order No. 8299 issued to Algonquin
Power Windsor Locks LLC in Windsor Locks.
(lxxxii) Trading Agreement and Order No. 8269 issued to Cascades
Boxboard Group Connecticut LLC in Versailles.
(lxxxiii) Trading Agreement and Order No. 8269, Modification No. 1
issued to Cascades Boxboard Group Connecticut LLC in Versailles.
(lxxxiv) Trading Agreement and Order No. 8297 issued to Cascades
Boxboard Group Connecticut LLC in Versailles.
(lxxxv) Trading Agreement and Order No. 8272 issued to NE Hydro
Generating Company in Preston.
(lxxxvi) Trading Agreement and Order No. 8279 issued to First Light
Hydro Generating Company in Preston.
(lxxxvii) Trading Agreement and Order No. 8303 issued to First Light
Hydro Generating Company in Preston.
(lxxxviii) Trading Agreement and Order No. 8300 issued to NRG
Energy, Inc., Middletown Power LLC, NRG Middletown Operations Inc.,
Montville Power LLC, NRG Montville Operations Inc., Norwalk Power LLC,
NRG Norwalk Harbor Operations Inc., and Connecticut Jet Power LLC in
Branford, Greenwich, Torrington, Middletown, Norwalk, Milford, and
Montville.
(lxxxix) Trading Agreement and Order No. 8306 issued to NRG Energy,
Inc., Middletown Power LLC, NRG Middletown Operations Inc., Montville
Power LLC, NRG Montville Operations Inc., Norwalk Power LLC, and NRG
Norwalk Harbor Operations Inc. in Middletown, Montville, and Norwalk.
(xc) Trading Agreement and Order No. 8110A issued to Yale University
in New Haven.
(n) Approval--An attainment demonstration for the 1997 8-hour ozone
standard to satisfy requirements of section 182(c)(2)(A) of the Clean
Air Act, and a Reasonably Available Control Measure (RACM) analysis to
satisfy requirements of section 172(c)(1) of the Clean Air Act for the
Greater Connecticut ozone nonattainment area, submitted by the
Connecticut Department of Energy and Environmental Protection on
February 1, 2008.
(o) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 1, 2008.
These revisions are for the purpose of satisfying the rate of progress
requirement of section 182(b)(1) from 2002 through 2008, and the
contingency measure requirement of sections 172(c)(9) and of the Clean
Air Act, for the Greater Connecticut moderate 8-hour ozone nonattainment
area, and the Connecticut portion of the New York-New Jersey-Long Island
moderate 8-hour ozone nonattainment area. These revisions establish
motor vehicle emission budgets for 2008 of 29.7 tons per day of volatile
organic compounds (VOCs) and 60.5 tons per day of nitrogen oxides (NOx)
to be used in transportation conformity in the Connecticut portion of
the New York-New Jersey-Long Island moderate 8-hour ozone nonattainment
area. These revisions also establish motor vehicle emission budgets for
2008 for the Greater Connecticut moderate 8-hour ozone nonattainment
area of 28.5 tons per day for VOCs, and 54.3 tons per day for NOx.
[[Page 727]]
(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 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 k of this section) is in
accordance with 40 CFR 51.918. The prior determination suspended the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual eight-hour ozone NAAQS. This rescission of the clean
data determination will result in a SIP Call for a new ozone attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standard, for this area only.
If the revised plan is approved by the EPA as demonstrating reasonable
further progress and attainment for the more stringent 2008 NAAQS by the
Moderate area attainment date, and is approved by the EPA as containing
adequate contingency measures for the 2008 NAAQS, then the plan would be
deemed to have also satisfied requirements of the SIP Call associated
with violations for the 1997 NAAQS.
(q) Approval--Revisions to the Connecticut State Implementation Plan
(SIP) submitted on July 18, 2014. The SIP revision satisfies the
requirement to implement reasonably available control technology (RACT)
for sources of volatile organic compounds (VOC) and oxides of nitrogen
(NOX) for purposes of the 2008 ozone standard. Specifically,
the following sections of the Regulations of Connecticut State Agencies
are approved for this purpose: For VOC RACT, 22a-174-20, Control of
Organic Compound Emissions, 22a-174-30, Dispensing of Gasoline/Stage I
and Stage II Vapor Recovery, and 22a-174-32, RACT for Organic Compounds;
for NOX RACT, 22a-174-22, Control of nitrogen oxide
emissions, 22a-174-22e, Control of nitrogen oxide emissions from fuel
burning equipment at major sources, 22a-174-22f, High daily
NOX emitting units at non-major sources of nitrogen oxides,
and 22a-174-38, Municipal Waste Combustors.
(r) Approval--Submittal from the Connecticut Department of Energy
and Environmental Protection dated March 9, 2017, to address the
nonattainment new source review requirements for the 2008 8-hour ozone
NAAQS for the Greater Connecticut and the New York-N. New Jersey-Long
Island, NY-NJ-CT ozone nonattainment areas, as it meets the requirements
for both the State's marginal and moderate classifications.
(s) Approval--An attainment demonstration for the 1997 8-hour ozone
standard to satisfy requirements of section 182(c)(2)(A) of the Clean
Air Act, and a Reasonably Available Control Measure (RACM) analysis to
satisfy requirements of section 172(c)(1) of the Clean Air Act for the
New York-Northern New Jersey-Long Island (NY-NJ-CT) ozone nonattainment
area, submitted by the Connecticut Department of Energy and
Environmental Protection. This rulemaking addresses the EPA's
obligations to act on Connecticut's February 1, 2008 SIP revision for
the 1997 ozone NAAQS, as well as the attainment demonstration and RACM
analysis portion of the August 8, 2017 SIP submittal for the 1997 ozone
NAAQS for the Connecticut portion of the NY-NJ-CT area.
(t) Approval. Revisions to the State Implementation Plan submitted
by the Connecticut Department of Energy and Environmental Protection on
January 17, 2017, September 5, 2017, and August 8, 2017, to meet, in
part, requirements of the 2008 ozone NAAQS. These revisions satisfy the
rate of progress requirement of section 182(b) through 2017, the motor
vehicle inspection and maintenance requirements of section 182(b), the
contingency measure requirements of section 182(c)(9), the emission
statement requirements of section 182(a)(3)(B), and the reasonably
available control measure requirement of section 172(c)(1) for the
Connecticut portion of the New York-Northern New
[[Page 728]]
Jersey-Long Island, NY-NJ-CT area, and the Greater Connecticut moderate
ozone nonattainment areas. The January 17, 2017 revision establishes
motor vehicle emissions budgets for 2017 of 15.9 tons per day of VOC and
22.2 tons per day of NOX to be used in transportation
conformity in the Greater Connecticut moderate ozone nonattainment area.
The August 8, 2017 revision establishes motor vehicle emissions budgets
for 2017 of 17.6 tons per day of VOC and 24.6 tons per day of
NOX to be used in transportation conformity in the
Connecticut portion of the New York-Northern New Jersey-Long Island, NY-
NJ-CT moderate ozone nonattainment area.
[65 FR 62626, Oct. 19, 2000, as amended at 66 FR 663, Jan. 3, 2001; 66
FR 63938, Dec. 11, 2001; 69 FR 5288, Feb. 4, 2004; 71 FR 51765, Aug. 31,
2006; 75 FR 53220, Aug. 31, 2010; 76 FR 40256, July 8, 2011; 77 FR
15608, Mar. 16, 2012; 77 FR 36169, June 18, 2012; 78 FR 38591, June 27,
2013; 78 FR 54964, Sept. 9, 2013; 78 FR 78274, Dec. 26, 2013; 79 FR
20099, Apr. 11, 2014; 81 FR 26708, May 4, 2016; 81 FR 62379, Sept. 9,
2016; 82 FR 35456, July 31, 2017; 83 FR 6970, Feb. 16, 2018; 83 FR
39892, Aug. 13, 2018; 83 FR 49298, Oct. 1, 2018; 84 FR 11885, Mar. 29,
2019]
Sec. 52.378 Control strategy: PM [bdi1][bdi0].
(a) Approval--On June 23, 2005, the Connecticut Department of
Environmental Protection submitted a request to redesignate the City of
New Haven PM10 nonattainment area to attainment for
PM10. The redesignation request and the initial ten-year
maintenance plan (2006-2015) meet the redesignation requirements in
sections 107(d)(3)(E) and 175A of the Act as amended in 1990,
respectively.
(b) Approval--On June 23, 2005, the Connecticut Department of
Environmental Protection (CT DEP) submitted a request to establish a
Limited Maintenance Plan (LMP) for the City of New Haven PM10
attainment area for the area's initial ten-year maintenance plan (2006-
2015). The State of Connecticut has committed to: maintain a
PM10 monitoring network in the New Haven PM10
maintenance area; implement contingency measures in the event of an
exceedance of the PM10 National Ambient Air Quality Standards
(NAAQS) in the maintenance area; coordinate with EPA in the event the
PM10 design value in the maintenance area exceeds 98
[micro]gm/m\3\ for the 24-hour PM10 NAAQS or 40 [micro]gm/
m\3\ for the annual PM10 NAAQS; and to verify the validity of
the data and, if warranted based on the data review, develop a full
maintenance plan for the maintenance area. The LMP satisfies all
applicable requirements of section 175A of the Clean Air Act. Approval
of the LMP is conditioned on maintaining levels of ambient
PM10 below a PM10 design value criteria of 98
[micro]gm/m\3\ for the 24-hour PM10 NAAQS and 40 [micro]gm/
m\3\ for the annual PM10 NAAQS. For the Criscuolo Park site,
Connecticut still qualifies for the LMP option if, based on five years
of site data, the average design values (ADVs) of the continuous
PM10 monitor are less than the site-specific critical design
value (CDV). If the LMP criteria are no longer satisfied, Connecticut
must develop a full maintenance plan to meet Clean Air Act requirements.
[70 FR 59663, Oct. 13, 2005]
Sec. 52.379 Control strategy: PM2.5.
(a) Approval--Revision to the State Implementation Plan submitted by
the Connecticut Department of Environmental Protection (DEP) on April
17, 2007. the revision is for the purpose of establishing early fine
particulate (PM2.5) transportation conformity emission
budgets for the Connecticut portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT PM2.5 nonattainment area. The April 17,
2007 revision establishes PM2.5 motor vehicle emission
budgets for 2009 of 360 tons per year of direct PM2.5
emissions and 18,279 tons per year of NOX emissions to be
used in transportation conformity in the Connecticut portion of the New
York-Northern New Jersey-Long Island, NY-NJ-CT PM2.5
nonattainment area.
(b) 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,
[[Page 729]]
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.
(c) Approval--Submittal from the Connecticut Department of
Environmental Protection, dated September 4, 2008, to address the Clean
Air Act (CAA) infrastructure requirements for the 1997 PM2.5
National Ambient Air Quality Standard (NAAQS). This submittal is
approved as meeting the requirements of 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).
(d) Conditional Approval--Submittal from the Connecticut Department
of Environmental Protection, dated September 4, 2008, to address the
Clean Air Act (CAA) infrastructure requirements for the 1997
PM2.5 National Ambient Air Quality Standard (NAAQS). EPA is
conditionally approving Connecticut's submittal with respect to CAA
sections 110(a)(2)(A), (C) only as it related to the PSD program,
(D)(ii), (E)(ii), and (J) only as it relates to the PSD program. This
conditional approval is contingent upon Connecticut 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 15, 2012, and July 11, 2012.
(e) Approval--Submittal from the Connecticut Department of
Environmental Protection, dated September 18, 2009, with supplements
submitted on January 7, 2011, and August 19, 2011, to address the Clean
Air Act (CAA) infrastructure requirements for the 2006 PM2.5
National Ambient Air Quality Standard (NAAQS). This submittal is
approved as meeting the requirements of 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 Connecticut Department
of Environmental Protection, dated September 18, 2009, with supplements
submitted on January 7, 2011, and August 19, 2011, to address the Clean
Air Act (CAA) infrastructure requirements for the 2006 PM2.5
National Ambient Air Quality Standard (NAAQS). EPA is conditionally
approving Connecticut's submittal with respect to CAA sections
110(a)(2)(A), (C) only as it related to the PSD program, (D)(ii),
(E)(ii), and (J) only as it relates to the PSD program. This conditional
approval is contingent upon Connecticut 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 15,
2012, and July 11, 2012.
(g) 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.
(h) Approval--EPA is approving a request to redesignate the
Connecticut portion of the New York-N. New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) area (i.e., New Haven and Fairfield
Counties or the Southwestern CT Area) from nonattainment to attainment
for the 1997 annual and 2006 24-hour PM2.5 standards.
Connecticut submitted this request on June 22, 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
175A maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision as required by the Clean
Air Act. The PM2.5 maintenance plan also establishes 2017 and
2025 Motor Vehicle Emission Budgets (MVEBs) for the Area. Connecticut is
establishing 2017 MVEBs of 575.8 tons per year (tpy) for direct
PM2.5 and 12,791.8 tpy for NOX, and 2025 MVEBs of
516 tpy for direct PM2.5 and 9,728.1 tpy for NOX,
for the Southwestern CT Area for maintenance of the 1997 annual and 2006
24-hour PM2.5 standards. The 2017 and 2025 MVEBs were
prepared with the MOVES
[[Page 730]]
model. Previously SIP-approved 2009 MVEBs prepared with MOBILE6.2 are
being withdrawn. Finally, EPA is also approving a comprehensive 2007
emission inventory for this Area.
[72 FR 50063, Aug. 30, 2007, as amended at 75 FR 69577, Nov. 15, 2010;
77 FR 63232, Oct. 16, 2012; 77 FR 76871, Dec. 31, 2012; 78 FR 58469,
Sept. 24, 2013]
Sec. 52.380 Rules and regulations.
(a) All facilities owned, operated or under contract with the
Connecticut Transportation Authority shall comply in all respects with
Connecticut Regulations for the Abatement of Air Pollution sections 19-
508-1 through 19-508-25 inclusive, as approved by the Administrator.
(b) For the purposes of paragraph (a) of this section the word
``Administrator'' shall be substituted for the word ``Commissioner''
wherever that word appears in Connecticut Regulations for the Abatement
of Air Pollution sections 19-508-1 through 19-508-25 inclusive, as
approved by the Administrator.
(c) The June 27 and December 28, 1979, February 1, May 1, September
8 and November 12, 1980, revisions are approved as satisfying Part D
requirements under the following conditions:
(1)-(2) [Reserved]
(d) Non-Part D-No Action: EPA is neither approving nor disapproving
the following elements of the revisions:
(1)-(2) [Reserved]
(3) The program to review new and modified major stationary sources
in attainment areas (prevention of significant deterioration).
(4) Permit fees
(5) Stack height regulations
(6) Interstate pollution requirements
(7) Monitoring requirements
(8) Conflict of interest provisions.
(9) Use of 1 percent sulfur content fuel by the following residual
oil burning sources, identified under Sec. 52.370, paragraph (c)(18).
(i) Northeast Utilities, HELCO Power Station in Middletown,
(10) Emergency Fuel Variance provisions of Regulation 19-508-19
(a)(2)(ii) identified under Sec. 52.370 paragraph (c)(18).
(e) Disapprovals. (1) Regulation 19-508-19(a)(9) concerning coal use
at educational and historical exhibits and demonstrations, identified
under Sec. 52.370, (c)(18).
(2) Regulation 19-508-19, subsection (a)(4)(iii)(C) and
(a)(4)(iii)(E) concerning fuel merchants, identified under Sec. 52.370,
paragraph (c)(18).
Note 1 to paragraphs (f) through (g): ``state'' means the state of
Connecticut.
(f) Connecticut General Statutes Section 1-85. (Formerly Sec. 1-68).
Interest in conflict with discharge of duties: A public official,
including an elected state official, or state employee has an interest
which is in substantial conflict with the proper discharge of his duties
or employment in the public interest and of his responsibilities as
prescribed in the laws of this state, if he has reason to believe or
expect that he, his spouse, a dependent child, or a business with which
he is associated will derive a direct monetary gain or suffer a direct
monetary loss, as the case may be, by reason of his official activity. A
public official, including an elected state official, or state employee
does not have an interest which is in substantial conflict with the
proper discharge of his duties in the public interest and of his
responsibilities as prescribed by the laws of this state, if any benefit
or detriment accrues to him, his spouse, a dependent child, or a
business with which he, his spouse or such dependent child is associated
as a member of a profession, occupation or group to no greater extent
than any other member of such profession, occupation or group. A public
official, including an elected state official or state employee who has
a substantial conflict may not take official action on the matter.
(g) Connecticut General Statutes Section 22a-171. (Formerly Sec. 19-
507). Duties of Commissioner of Energy and Environmental Protection: The
Commissioner of Energy and Environmental Protection of the State of
Connecticut shall:
(1) Initiate and supervise programs for the purposes of determining
the causes, effect and hazards of air pollution;
(2) Initiate and supervise state-wide programs of air pollution
control education;
(3) Cooperate with and receive money from the Federal Government
and,
[[Page 731]]
with the approval of the Governor, from any other public or private
source;
(4) Adopt, amend, repeal and enforce regulations as provided in
Connecticut General Statutes Section 22a-174 and do any other act
necessary to enforce the provisions of Connecticut General Statutes
Chapter 446c and Connecticut General Statutes Section 14-164c;
(5) Advise and consult with agencies of the United States, agencies
of the state, political subdivisions and industries and any other
affected groups in furtherance of the purposes of Connecticut General
Statutes Chapter 446c.
(h) [Reserved]
[40 FR 23280, May 29, 1975, as amended at 45 FR 84787, Dec. 23, 1980; 46
FR 34801, July 6, 1981; 46 FR 56615, Nov. 18, 1981; 46 FR 62062, Dec.
22, 1981; 47 FR 763, Jan. 7, 1982; 47 FR 36823, Aug. 24, 1982; 47 FR
41959, Sept. 23, 1982; 47 FR 49646, Nov. 2, 1982; 47 FR 51129, Nov. 12,
1982; 48 FR 5724, Feb. 8, 1983; 50 FR 50907, Dec. 13, 1985; 65 FR 62623,
Oct. 19, 2000; 81 FR 35639, June 3, 2016; 83 FR 37439, Aug. 1, 2018]
Sec. 52.381 Requirements for state implementation plan revisions
relating to new motor vehicles.
Connecticut must comply with the requirements of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.382 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 provisions
for the NO2 increments under the prevention of significant
deterioration program.
(b) The increments for nitrogen dioxide promulgated on October 17,
1988 (53 FR 40671), and related requirements in 40 CFR 52.21 except
paragraph (a)(1), are hereby incorporated and made part of the
applicable implementation plan for the State of Connecticut.
[58 FR 10964, Feb. 23, 1993, as amended at 68 FR 11322, Mar. 10, 2003;
68 FR 74488, Dec. 24, 2003]
Sec. 52.383 Stack height review.
The State of Connecticut 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 on EPA's stack height regulations as
revised on July 8, 1985. Such declarations were submitted to EPA on
February 21, 1986, and May 27, 1986.
[52 FR 49407, Dec. 31, 1987]
Sec. 52.384 Emission inventories.
(a) The Governor's designee for the State of Connecticut submitted
the 1990 base year emission inventories for the Connecticut portion of
the New York-New Jersey-Connecticut severe ozone nonattainment area and
the Greater Hartford serious ozone nonattainment area on January 13,
1994 as revisions to the State's SIP. Revisions to the inventories were
submitted on February 3, 1994, February 16, 1995, and December 30, 1997.
The 1990 base year emission inventory requirement of section 182(a)(1)
of the Clean Air Act, as amended in 1990, has been satisfied for these
areas.
(b) The inventories are for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventories
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
(c) Taken together, the Connecticut portion of the New York-New
Jersey-Connecticut severe nonattainment area and the Hartford serious
nonattainment area encompass the entire geographic area of the State.
(d) The state of Connecticut submitted base year emission
inventories representing emissions for calendar year 2002 from the
Connecticut portion of the NY-NJ-CT moderate 8-hour ozone nonattainment
area and the Greater Connecticut moderate 8-hour ozone nonattainment
area on February 1, 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
[[Page 732]]
nonattainment areas under EPA's 1997 8-hour ozone standard.
(e) The State of Connecticut submitted base year emission
inventories representing emissions for calendar year 2011 from the
Connecticut portion of the NY-NJ-CT moderate 8-hour ozone nonattainment
area and the Greater Connecticut moderate 8-hour ozone nonattainment
area on March 9, 2016, as revisions to the State's SIP. The 2011 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 2008 8-hour ozone standard.
[62 FR 55340, Oct. 24, 1997, as amended at 65 FR 62626, Oct. 19, 2000;
77 FR 50600, Aug. 22, 2012; 83 FR 49298, Oct. 1, 2018]
Sec. 52.385 EPA-approved Connecticut regulations.
The following table identifies the State regulations which have been
submitted to and approved by EPA as revisions to the Connecticut 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. 52.370. To the extent that this table conflicts with Sec. 52.370,
Sec. 52.370 governs.
Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates
--------------------------
Connecticut State citation Title/subject Date Date Federal Register Section 52.370 Comments/description
adopted by approved by citation
State EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
19-508............................ Connecticut Air 3/3/72 5/31/72 37 FR 10842.......... (c) 1&2.............. State of CT Air
Implementation Plan. Implementation Plan.
8/10/1972 5/14/1973 38 FR 12696.......... (c) 3................ Correction to
submission dates for
supplemental
information.
4/9/1974 6/2/1975 40 FR 23746.......... (c) 5................ Identification of Air
Quality Maintenance
Areas.
8/10/1976 11/29/1977 42 FR 60753.......... (c) 7................ Adds carbon monoxide/
oxidant control
strategy and
regulations.
6/30/1977 9/29/1978 43 FR 44840.......... (c) 8................ Describes air quality
surveillance
program.
22a-171........................... Small Business 1/12/1993 5/19/1994 59 FR 26123.......... (c) 65............... Established small
Assistance. business compliance
and technical
assistance program.
22a-174-1......................... Definitions.......... 3/15/2002 2/27/2003 68 FR 9011........... Adopting definitions
applicable to PSD/
NSR program..
22a-174-1......................... Definitions.......... 4/7/2014 6/24/2015 80 FR 36242.......... (c)(106)............. Amendment of
subdivisions (10)
ambient air quality
standard and (88) PM
10.
22a-174-1......................... Definitions.......... 9/10/2012 7/24/2015 80 FR 43960.......... (c)(108)............. Modified definition
of ``major source
baseline date'' for
purposes of adding
PM2.5.
[[Page 733]]
22a-174-1......................... Definitions.......... 2/1/2010 9/1/2016 81 FR 60274.......... (c)(113)............. Approved 22a-174-
1(19) definition of
``brush'' for
purposes of
Connecticut General
Statutes (CGS)
Section 22a-174(f);
see paragraph
(c)(113)(A) of this
section.
22a-174-1......................... Definitions.......... 10/5/2017 8/1/2017 83 FR 37437.......... c (118).............. Modified definition
of ``minor source
baseline date'' for
purposes of adding
PM2.5.
22a-174-2......................... Registration 4/4/1972 5/31/1972 37 FR 23085.......... (b).
requirements for
existing stationary
sources of air
pollutants.
8/31/1979 12/23/1980 45 FR 84769.......... (c) 11............... In tandem with
changes to
Regulation 3,
sources existing
prior to 1972 must
register.
22a-174-2a........................ Procedural 3/15/2002 2/27/2003 68 FR 9011........... Provisions applicable
Requirements for New to PSD/NSR in
Source Review and consolidated permit
Title V Permitting. procedural
requirements..
22a-174-2a........................ Procedural 9/10/2012 7/24/2015 80 FR 43960.......... (c)(107)............. Only sections 22a-174-
Requirements for New 2a(b)(5)(E) and
Source Review and (b)(6) are being
Title V Permitting. approved.
22a-174-3......................... Permits for 4/4/1972 5/31/1972 37 FR 23085.......... (b).................. Conditional approval
construction and of NSR program.
operation of
stationary sources.
8/30/1979 12/23/1980 45 FR 84769.......... (c)11................ EPA conditionally
approved changes to
meet federal New
Source Review (NSR)
requirements. CT did
not submit
Prevention of
Significant
Determination
program.
8/31/1979 1/7/1982 47 FR 762............ (c) 20............... Final approval of NSR
Rules removing
conditions of 12/23/
80.
10/10/1980 1/7/1982 47 FR 762............ (c) 20............... Allows conditional
exemption of
resource recovery
facilities from
offset transactions.
10/10/1980 1/7/1982 47 FR 762............ (c) 20............... Replaces the word
``actual'' with word
``allowable''.
12/27/1988 2/23/1993 58 FR 10957.......... (c) 56............... Changes to NSR and
PSD requirements.
[[Page 734]]
22a-174-3a........................ Permit to Construct 3/15/2002 2/27/2003 68 FR 9011........... PSD/NSR program
and Operate requirements as
Stationary Sources. revised by the CAAA..
22a-174-3a........................ Permit to Construct 4/7/2014 6/24/2015 80 FR 36242.......... (c)(106)............. Amendment of
and Operate subsection (k)(5)
Stationary Sources. Ambient Monitoring.
22a-174-3a........................ Permit to Construct 9/10/2012 7/24/2015 80 FR 43960.......... (c)(108)............. Added Ambient Impact
and Operate values for PM2.5 in
Stationary Sources. Table 3a(i)-1,
Significant Emission
Rate Thresholds for
PM2.5 emissions and
its precursors in
Table 3a(k)-1, PM2.5
increment added to
Table 3a(k)-2, and
PM2.5 added to
section 22a-174-
3a(l)(4)(B)(iv).
Revised section 22a-
174-3a(l)(1).
22a-174-3a........................ Permit to Construct 10/5/2017 8/1/2017 83 FR 37437.......... c (118).............. Amendment of
and Operate subsection
Stationary Sources. (k)(1)(C).
22a-174-3a........................ Permit to Construct 2/8/2018 2/15/2019 84 FR 4338........... (c)(120)............. Revised section 22a-
and Operate 174-3a(a)(1)
Stationary Sources. entitled
``Applicability,''
section 22a-174-
3a(j)(1) for when
control technology
applies, and
sections 22a-174-
3a(k)(1) and (2)
regarding
applicability of
GHGs for major
stationary sources
and major
modifications.
22a-174-3b........................ Permits for 4/4/2006 8/31/2006 71 FR 51761.......... (c)(95).............. Only the automotive
construction and refinishing
operation of requirements of 22a-
stationary sources. 174-3b are being
approved.
Connecticut did not
submit the other
subsections of the
rule as part of its
SIP revision.
22a-174-4......................... Source monitoring, 4/4/1972 5/31/1972 37 FR 23085.......... (b).
record keeping,
reporting and
authorization of
inspection of air
pollution sources.
10/31/1977 12/23/1980 45 FR 84769.......... (c) 11............... Clarifies record
keeping and
reporting
requirements and
rescinds smoke
monitoring
requirements for
small sources.
[[Page 735]]
12/15/1980 8/24/1982 47 FR 36822.......... (c) 20............... Rescinded
requirements for
smoke monitors on
sources less than
250 mmBtu.
12/27/1988 2/23/1993 58 FR 10957.......... (c) 56............... Changes to opacity
continuous emission
monitoring (CEM)
requirements.
22a-174-4......................... Source monitoring, 4/1/2004 7/16/2014 79 FR 41427.......... (c)(104)............. .....................
recordkeeping and
reporting.
22a-174-5......................... Methods for sampling, 4/4/1972 5/31/1972 37 FR 23085.......... (b).
emission testing,
and reporting.
10/5/1977 12/23/1980 45 FR 84769.......... (c) 11............... Tied State testing
method requirement
to federal
requirements,
clarified
requirements for
stack testing, and
eliminated record
keeping and
reporting
requirements.
12/19/1980 8/28/1981 46 FR 43418.......... (c) 16............... Revisions to source
monitoring and stack
testing requirements
for SO2.
22a-174-5......................... Methods for sampling, 4/15/2014 5/25/2016 81 FR 33134 (c)(111)............. Revision to section
emission testing, 22a-174-5(b)(1).
sample analysis and
reporting
22a-174-6......................... Air Pollution 4/4/1972 5/31/1972 37 FR 23085.......... (b).
Emergency Episode
Procedures.
8/31/1979 12/23/1980 45 FR 84769.......... (c) 11............... Allows DEP to
separately limit
mobile and
stationary sources
depending upon the
cause of the
episode.
22a-174-7......................... Malfunction of 4/4/1972 5/31/1972 37 FR 23085.......... (b).
Control Equipment;
Reporting.
22a-174-7......................... Air pollution control 4/1/2004 7/16/2014 79 FR 41427.......... (c)(104)............. .....................
equipment and
monitoring equipment
operation.
22a-174-8......................... Compliance Plans and 4/4/1972 5/31/1972 37 FR 23085.......... (b).
Schedules.
22a-174-8......................... Compliance Plans and 12/22/2016 7/31/2017 82 FR 35454.......... (c)(116)............. Minor edit to update
Schedules. citation.
22a-174-9......................... Prohibition of air 4/4/1972 5/31/1972 37 FR 23085.......... (b).
pollution.
8/31/1979 12/23/1980 45 FR 84769.......... (c) 11............... Non-substantive
numbering change.
8/31/1979 8/12/1983 48 FR 36579.......... (c) 11............... Full authority
delegated for NSPS
and NESHAPS.
12/6/1991 56 FR 63875.......... Delegation of new
subparts.
22a-174-10........................ Public Availability 4/4/1972 5/31/1972 37 FR 23085.......... (b).
of Information.
[[Page 736]]
22a-174-11........................ Prohibition against 4/4/1972 5/31/1972 37 FR 23085.......... (b).
concealment of
circumvention.
22a-174-12........................ Violations and 4/4/1972 5/31/1972 37 FR 23085.......... (b).
enforcement.
22a-174-13........................ Variances............ 4/4/1972 5/31/1972 37 FR 23085.......... (b).
8/31/1979 12/23/1980 45 FR 84769.......... (c) 11............... Non-substantive
numbering change.
22a-174-14........................ Compliance with 4/4/1972 5/31/1972 37 FR 10842.......... (b).
regulation no
defense to nuisance
claim.
22a-174-15........................ Severability......... 4/4/1972 5/31/1972 37 FR 10842.......... (b).
22a-174-16........................ Responsibility to 4/4/1972 5/31/1972 37 FR 10842.......... (b).
comply with
applicable
regulations.
22a-174-17........................ Control of open 4/4/1972 5/31/1972 37 FR 10842.......... (b).
burning.
22a-174-17 (formerly 19-508-17)... Control of Open 4/4/1972 9/1/2016 81 FR 60274.......... (b)(2)............... DEEP regulation to
Burning. control open
burning. Paragraph
(b) was revised 9/1/
16 by redesignating
paragraph (b) as
(b)(1) and adding
paragraph (b)(2) to
read as follows:
This rule, formerly
known as Section 19-
508-17, which was
approved in
paragraph (b)(1), is
removed from the SIP
and replaced by
Connecticut General
Statute (CGS)
section 22a-174(f)
and RCSA section 22a-
174-1(19); see
paragraph
(c)(113)(A) of this
section.
22a-174-18........................ Control of 4/4/72 5/31/72 37 FR 10842.......... (b).
particulate
emissions.
11/30/1973 4/16/1974 39 FR 13651.......... 52.375............... Allowed Hartford
Electric Light &
Connecticut Light &
Power Supplies to
use nonconforming
fuel from 12/3/1973
to 1/1/1974.
7/11/1981 9/23/1982 47 FR 41958.......... (c) 22............... Defines TSP RACT for
fuel burning
equipment and
process sources
including cupolas,
foundries, and hot
mix asphalt plants.
[[Page 737]]
22a-174-18........................ Control of 4/1/2004 7/16/2014 79 FR 41427.......... (c)(104)............. All of Section 22a-
particulate matter 174-18 is approved,
and visible with the exception
emissions. of the phrase ``or
malfunction'' in
Section 22a-174-
18(j)(1) and all of
Section 22a-174-
18(j)(2), which CT
DEEP withdrew from
the SIP submittal.
Because Connecticut
withdrew Section 22a-
174-18(j)(2) from
its SIP submission,
stationary sources
subject to a federal
NSPS will remain
subject to the
opacity limits
contained in
``Control of
particulate
emissions'' under
the SIP (See 37 FR
10842). See Section
19-508-18, ``Control
of Particulate
Emissions'' posted
at http://
www.epa.gov/region1/
topics/air/sips/
sips_ct.html.
22a-174-18........................ Control of 12/22/2016 7/31/2017 82 FR 35454.......... (c)(116)............. Minor edit to update
particulate citation.
emissions.
22a-174-19........................ Control of sulfur 4/4/1972 5/31/1972 37 FR 23085.......... (b).
compound emissions.
11/30/1973 4/16/1974 39 FR 13651.......... 52.375............... Allowed Hartford
Electric Light and
Connecticut Power
and Light to use
nonconforming fuel.
4/3/1979 7/30/1979 44 FR 44498.......... (c) 10............... Allowed Northeast
Utilities to
purchase, store, and
burn nonconforming
fuel.
9/8/1980 4/27/1981 46 FR 23412.......... (c) 12............... Variance for Federal
Paperboard, Inc.
12/19/1980 8/28/1981 46 FR 43418.......... (c) 14............... Amends sulfur control
& 3/11/1981 strategy.
3/11/1981 & 8/28/1981 46 FR 43418.......... (c) 15............... Amends New Source
7/15/1981 Ambient Impact
Analysis Guideline.
3/17/1981 10/23/1981 46 FR 51914.......... (c) 17............... Variance for
Uniroyal, Inc.
11/2/1981 11/18/1981 46 FR 56612.......... (c) 18............... Approval State Energy
Trade program.
[[Page 738]]
11/14/1975 11/18/1981 46 FR 56612.......... 52.380 (e)(1)........ EPA disapproval
revision which
allows exemption for
home heating with
coal, historic
demonstrations, and
other small sources.
11/12/1981 12/22/1981 46 FR 62062.......... (c) 19............... Variances for United
Technologies Corp.,
Pratt & Whitney
Aircraft Division
facilities in New
Haven and
Middletown.
7/7/1981 11/12/1982 47 FR 51129.......... (c) 24............... Variance for Sikorsky
Aircraft--approved
under the State
Energy Trade
Program.
5/27/1982 2/8/1983 48 FR 5723........... (c) 26............... Variance for Dow
Chemical--approved
under the State
Energy Trade
Program.
12/15/1982 5/4/1983 48 FR 20051.......... (c) 27............... Variance for Lydall,
Inc.--approved under
the State Energy
trade (SET) Program.
11/1/1982 6/28/1983 48 FR 29689.......... (c) 28............... Simkins Industries--
approved under the
State Energy Trade
Program.
3/28/1983 12/20/1983 48 FR 56218.......... (c) 30............... Variance for Loomis
Institute--approved
under the State
Energy Trade
Program.
2/19/1993 1/18/1994 59 FR 2531........... (c) 63............... Changes requirements
at Himilton Standard
Division of UTC.
22a-174-19........................ Control of Sulfur 4/15/2014 5/25/2016 81 FR 33134.......... (c)(111)............. Revises section 22a-
Compound Emissions. 174-19.
22a-174-19a....................... Control of sulfur 12/28/2000 7/10/2014 79 FR 39322.......... (c)(103)............. Approves the sulfur
dioxide emissions dioxide emission
from power plants standards and fuel
and other large sulfur limits for
stationary sources units subject to the
of air pollution. CT NOX Budget
program. The
following sections
were not submitted
as part of the SIP:
Sections (a)(5);
(a)(8); (a)(11);
(d); (e)(4); (f);
(g); (h); and in
(i)(2) reference to
(e)(4).
[[Page 739]]
Section 22a-174-
19a(c) was repealed
by the State of
Connecticut
effective April 15,
2014 and removed
from the SIP without
replacement
effective May 25,
2016.
22a-174-19a....................... Control of sulfur 4/15/2014 5/25/2016 81 FR 33134.......... (c)(111)............. Withdraws section 22a-
dioxide emissions 174-19a(c)
from power plants previously approved
and other stationary in paragraph
sources of air 52.370(c)(103) and
pollution. revises sections 22a-
174-19a(e) and 22a-
174-19a(i).
22a-174-19b....................... Fuel Sulfur Content 4/15/2014 5/25/2016 81 FR 33134.......... (c)(111)............. Addition of a new
Limitations for regulation with the
Stationary Sources. exception of
subsection (e) which
was not submitted by
the State.
22a-174-20........................ Control of organic 4/4/1972 5/31/1972 37 FR 23085.......... (b).
compound emissions.
8/31/1979 12/23/1980 45 FR 84769.......... (c) 11............... Requirements for
certain Group I CTG
source categories.
Conditionally
approved cutback
asphalt and solvent
metal cleaning
categories.
10/10/1980 1/17/1982 47 FR 762............ (c) 20............... Requirements for
cutback asphalt
(Group I--CTG).
10/10/1980 2/17/1982 47 FR 6827........... (c) 25............... Requirements for
Group II CTGs
exclusive of
controlling gasoline
tank truck leaks,
petroleum liquid
storage external
floating roof tanks,
manufacture of
vegetable oil,
pneumatic rubber
tire categories.
Other VOC rules.
10/10/1980 6/7/1982 47 FR 24452.......... (c) 23............... Alternative emission
reduction
provisions.
12/10/1982 2/1/1984 49 FR 3989........... (c) 29............... Requirements for
small open top
degreasers (Group I--
CTG).
9/24/1983 2/1/1984 49 FR 3989........... (c) 29............... Exempts colds
cleaners at auto
repair facilities.
[[Page 740]]
9/24/1983 3/21/1984 49 FR 10542.......... (c) 32............... Adds degreasing
requirements for
conveyorized and
cold cleaning
operations.
8/31/1979 3/21/1984 49 FR 10542.......... (c) 32............... Requirements for
solvent metal
cleaning (Group I
CTG).
9/24/1983 3/21/1984 49 FR 10542.......... (c) 32............... Exempts storage
vessels from
submerged fill.
Delays effective
date of Stage I
vapor recovery by 1
year. Requires RACT
for all major
sources of VOC not
covered under a CTG
document.
9/24/1983 10/19/1984 49 FR 41026.......... (c) 33............... Adds major non-ctg
sources covered by
20(ee) to
applicability,
compliance,
alternative emission
reduction and
seasonal operation
after burner
provisions.
12/13/1984 7/18/1985 50 FR 29229.......... (c) 34............... Revision to cutback
asphalt regulation.
Requires facilities
with external
floating roofs to
install secondary
seats. Changes to
gasoline tank truck
regulation.
4/23/1986 11/20/1986 51 FR 41963.......... (c) 36............... VOC RACT for
Connecticut Charcoal
Company.
4/28/1986 2/19/1987 52 FR 5104........... (c) 37............... VOC RACT for King
Industries.
8/8/1987 12/17/1987 52 FR 47925.......... (c) 39............... VOC RACT for Belding
Corticelli Thread
Company.
5/28/1986 2/17/1988 51 FR 4621........... (c) 41............... Effective date
clarification for
Connecticut
Charcoal.
9/24/1987 4/11/1988 53 FR 11847.......... (c) 42............... VOC RACT for Raymark
Industries, Inc.
2/2/1987 5/19/1988 53 FR 17934.......... (c) 38............... Clarifies
applicability of VOC
compliance methods
for surface coating
sources.
3/17/1987 5/19/1988 53 FR 17934.......... (c) 38............... Adds regulations for
SOCMI fugitive leaks
and polystyrene
resins.
8/21/1987 7/12/1988 53 FR 26256.......... (c) 44............... VOC RACT for Spongex
International Ltd.
12/26/1986 8/1/1988 53 FR 28884.......... (c) 43............... VOC RACT for American
Cyanamid Company.
10/27/1988 3/8/1989 54 FR 9781........... (c) 48............... VOC RACT for Dow
Chemical, U.S.A.
[[Page 741]]
6/7/1988 3/24/1989 54 FR 12193.......... (c) 46............... VOC RACT for New
Departure Hyatt.
12/14/1988 4/10/1989 54 FR 14226.......... (c) 49............... VOC RACT for
Stanadyne.
3/22/1989 5/30/1989 54 FR 22891.......... (c) 51............... VOC RACT for Pratt &
Whitney Division of
UTC.
12/30/1988 6/2/1989 54 FR 23650.......... (c) 50............... Changes limit on
volatility of
gasoline.
10/19/1987 11/28/1989 54 FR 48885.......... (c) 47............... VOC RACT for Frismar,
Inc.
10/18/1988 11/39/1989 54 FR 49284.......... (c) 52............... VOC RACT for Pfizer,
Inc.
9/5/1989 12/22/1989 54 FR 52798.......... (c) 53............... VOC RACT for Uniroyal
Chemical Co.
11/29/1989 3/12/1990 55 FR 9121........... (c) 54............... VOC RACT for Hamilton
Standard Division of
United Technologies
Corp.
11/2/1988 3/14/1990 55 FR 9442........... (c) 55............... VOC RACT for Heminway
& Bartlett
Manufacturing
Company.
10/31/1989 10/18/1991 56 FR 52205.......... (c) 58............... Changes applicability
to facilities with
=15
pounds VOC per day.
10/31/1989 10/18/1991 56 FR 52205.......... (c) 58............... Various changes to
Section 20 approved.
9/1/1993 11/19/1993 58 FR 61041.......... ..................... Withdrawal of NPR for
Sikorsky Aircraft
Division of UTC,
Bridgeport.
1/29/1990, 2/9/98 63 FR 6484........... (c) (60)............. VOC RACT for Sikorsky
9/29/1995, Aircraft Corporation
& 2/7/96 in Stratford.
6/3/1996 4/24/1998 63 FR 20318.......... (c) (73)............. Alternative VOC RACT
for Risdon
Corporation in
Danbury.
11/18/1993 3/10/1999 64 FR 12024.......... (c)(75).............. Changes to subsection
22a-174-20(s),
20(v), and 20(ee).
Loading gasoline and 4/1/1998 10/19/2000 65 FR 62624.......... (c)(84).............. Changes to gasoline
other volatile and volatile organic
organic compounds. loading regulations.
Metal Cleaning....... 7/26/2007 8/22/2012 77 FR 50595.......... (c)(100)............. Changes to solvent
metal cleaning rule.
Miscellaneous metal 8/1/1995 10/19/2000 65 FR 62624.......... (c)(84).............. Changes to
parts and products. regulations to add
emission limit for
architectural
aluminum panels.
Restrictions on VOC 12/29/2008 8/22/2012 77 FR 50595.......... (c)(100)............. Changes to cutback
Emissions from and emulsified
Cutback and asphalt paving rule.
Emulsified Asphalt.
[[Page 742]]
4/6/2010 6/9/2014 79 FR 32873.......... (c)(102)............. Amendment of
subdivision (f)(9),
withdrawal of
subsection (g),
amendment of
subdivisions (l)(1)
and (l)(2),
amendment of
subsections (p)
Metal furniture
coatings, (q) Paper,
film, and foil
coating, amendment
of subparagraph
(s)(2)(B), amendment
of subsection (ee)
Reasonably available
control technology
for large sources,
addition of
subsection (ff)
Flexible package
printing, with the
exception of the
phrases ``or other
method approved by
the commissioner''
in subparagraph
(ff)(1)(K) and ``or
alternative method
as approved by the
commissioner'' in
clause
(ff)(5)(B)(vi),
[[Page 743]]
........... ........... ..................... ..................... addition of
subsection (gg)
Offset lithographic
printing and
letterpress
printing, with the
exception of the
phrases ``or other
method approved by
the commissioner''
in subparagraph
(gg)(1)(O) and ``or
alternative method
as approved by the
commissioner'' in
clause
(gg)(7)(B)(vi),
addition of
subsection (hh)
Large appliance
coatings, with the
exception of the
phrases ``or other
method approved by
the commissioner''
in subparagraph
(hh)(1)(CC) and ``or
alternative method
as approved by the
commissioner'' in
clause
(hh)(7)(B)(vi),
addition of (ii)
Industrial solvent
cleaning, with the
exception of the
phrases ``or other
method approved by
the commissioner''
in subparagraph
(ii)(1)(I) and ``or
alternative method
as approved by the
commissioner'' in
clause
(ii)(6)(B)(vi) and
addition of (jj)
Spray application
equipment cleaning,
with the exception
of the phrases ``or
other method
approved by the
commissioner'' in
subparagraph
(jj)(1)(H), with the
exception of
subparagraph
(jj)(3)(D), and with
the exception of the
phrase ``or
alternative method
as approved by the
commissioner'' in
clause
(JJ)(6)(B)(vii).
[[Page 744]]
22a-174-20........................ Control of organic 10/31/2012 6/9/2014 79 FR 32873.......... (c)(103)............. Amendment of
compound emissions. subsection (s)
Miscellaneous metal
parts and products,
amendment of
subdivisions
(aa)(1), (cc)(2),
and (cc)(3),
amendment of
subparagraph
(ii)(3)(A); and
addition of
subdivision (kk)
Pleasure craft
coatings.
22a-174-20........................ Control of organic 3/5/2014 11/3/2015 80 FR 67642.......... (c)(110)............. Large aboveground
compound emissions. storage tanks
updates: amend (a);
withdraw (b)(1);
amend (b)(2), (b)(3)
and (b)(4); add
(b)(17); amend (c)
and (x)(12).
22a-174-20........................ Control of Organic 7/8/2015 12/15/2017 82 FR 59519.......... (c)117............... Removes sections
Compound Emissions. (b)(6)-(b)(9) and
(b)(11), Revises
sections (a)(7),
(b)(10), sections
(b)(12)-(b)(16), and
section (ee).
22a-174-21........................ Control of carbon 4/4/1972 5/31/1972 37 FR 23085.......... (b).
monoxide emissions.
9/21/1982 3/21/1984 49 FR 10542.......... (c) 32............... CO attainment plan.
22a-174-22........................ Control of Nitrogen 11/19/1996 9/28/1999 64 FR 52238.......... (c)(82).............. Case-specific trading
Oxides Emissions. order for
AlliedSignal, Inc.,
and U.S. Army Tank-
Automotive and
Armaments Command in
Stratford.
22a-174-22........................ Control of Nitrogen 11/19/1996 9/28/1999 64 FR 52238.......... (c)(82).............. Case-specific trading
Oxides Emissions. order for
Connecticut Natural
Gas Corporation in
Rocky Hill.
22a-174-22........................ Control of Nitrogen 12/20/1996 9/28/1999 64 FR 52238.......... (c)(82).............. Case-specific trading
Oxides Emissions. order for Cytec
Industries, Inc., in
Wallingford.
22a-174-22........................ Control of Nitrogen 6/25/1997 9/28/1999 64 FR 52238.......... (c)(82).............. Amendments to case-
Oxides Emissions. specific trading
order for
Connecticut Natural
Gas Corporation.
22a-174-22........................ Control of Nitrogen 7/8/1997 9/28/1999 64 FR 52238.......... (c)(82).............. Amendments to case-
Oxides Emissions. specific trading
order for
AlliedSignal, Inc.,
and U.S. Army Tank-
Automotive and
Armaments Command in
Stratford.
[[Page 745]]
22a-174-22........................ Control of Nitrogen 7/23/1997 9/28/1999 64 FR 52238.......... (c)(82).............. Case-specific trading
Oxides Emissions. order for Ogden
Martin Systems of
Bristol, Inc., in
Bristol.
22a-174-22........................ Control of NOX 1/12/2000 3/23/2001 66 FR 16137.......... (c)(88).............. Case-specific trading
nitrogen oxide order for Wisvest
emissions. Bridgeport Harbor
Station's Unit No. 2
in Bridgeport.
5/22/2000 3/23/2001 66 FR 16137.......... (c)(88).............. Amendment to case-
specific trading
order for Ogden
Martin System's
facility in Bristol.
5/22/2000 3/23/2001 66 FR 16137.......... (c)(88).............. Amendment to case-
specific trading
order for
Connecticut
Resources Recovery
Authority.
5/22/2000 3/23/2001 66 FR 16137.......... (c)(88).............. Amendment to case-
specific order for
American Ref-Fuel
Company.
5/22/2000 3/23/2001 66 FR 16137.......... (c)(88).............. Amendment to case-
specific trading
order for Bridgeport
Resco Company.
5/22/2000 3/23/2001 66 FR 16137.......... (c)(88).............. Case-specific trading
order for Wisvest
Bridgeport Harbor
Station's Unit No. 4
in Bridgeport.
5/22/2000 3/23/2001 66 FR 16137.......... (c)(88).............. Case-specific trading
order for Wisvest
New Haven Harbor
Station's auxiliary
Boiler in New Haven.
5/31/2000 3/23/2001 66 FR 16137.......... (c)(88).............. Case-specific trading
order for Wisvest
Bridgeport Harbor
Station's Unit No. 3
in Bridgeport.
5/31/2000 3/23/2001 66 FR 16137.......... (c)(88).............. Case-specific trading
order for Wisvest
New Haven Harbor
Station's Unit No. 1
in New Haven.
12/28/2000 7/10/2014 79 FR 39322.......... [Insert next Approves the Oct-
available paragraph April NOX emission
number in sequence]. limits for units
subject to the CT
NOX Budget program.
Only section (e)(3)
was submitted as
part of the SIP
revision.
22a-174-22........................ Control of Nitrogen 7/16/2012 8/3/2015 80 FR 45887.......... (c)(109)............. Connecticut Trading
Oxides emissions. Agreement and Order
No. 8187,
Modification 1.
22a-174-22........................ Control of Nitrogen 7/16/2012 8/3/2015 80 FR 45887.......... (c)(109)............. Connecticut Trading
Oxides emissions. Agreement and Order
No. 8242,
Modification 1.
[[Page 746]]
22a-174-22a....................... Nitrogen Oxides 12/15/1998 9/28/1999 64 FR 52238.......... (c)(80).............. Approval of NOX cap
(NOX)Budget Program. and allowance
trading regulations.
9/4/2007 1/24/2008 73 FR 4105........... (c)(97).............. Repealed as of
January 24, 2008.
Superseded by CAIR.
22a-174-22b....................... Post-2002 Nitrogen 9/29/1999 12/27/2000 65 FR 81746.......... (c)86................
Oxides (NOX) Budget
Program.
The Connecticut Post- 9/4/2007 1/24/2008 73 FR 4105........... (c)(97).............. Repealed as of May 1,
2002 NOX Budget 2010. Superseded by
Program, as of May CAIR.
1, 2010.
22a-174-22c....................... The Clean Air 9/4/2007 1/24/2008 73 FR 4105........... (c)(97)..............
Interstate Rule
(CAIR) Nitrogen
Oxides (NOX) Ozone
Season Trading
Program.
22a-174-22c....................... The Clean Air 12/22/2016 7/31/2017 82 FR 35454.......... (c)(116)............. Minor edit to update
Interstate Rule citation.
(CAIR) Nitrogen
Oxides (NOX) Ozone
Season Trading
Program.
22a-174-22e....................... Control of nitrogen 12/22/2016 7/31/2017 82 FR 35454.......... (c)(116)............. New regulation
oxides emissions applicable to major
from fuel-burning sources of NOX.
equipment at major
stationary sources
of nitrogen oxides.
22a-174-22f....................... High daily NOX 12/22/2016 7/31/2017 82 FR 35454.......... (c)(116)............. New regulation
emitting units at applicable to non-
non-major sources of major sources of
NOX. NOX.
22a-174-23........................ Control of Odors..... 4/4/1972 5/31/1972 37 FR 23085.......... (b).
Rescinded from 8/31/1979 12/23/1980 45 FR 84769.......... (c) 11............... EPA has no authority
Federal SIP. to control odors.
22a-174-24........................ Connecticut primary 4/4/1972 5/31/1972 37 FR 23085.......... (b).
and secondary
standards.
7/11/1981 11/18/1981 46 FR 56612.......... (c) 18............... Eliminated State 24-
hour and annual
standard for SO2.
10/8/1980 2/17/1982 47 FR 6827........... (c) 25............... Adopted ambient air
quality standards
for lead and revised
the ozone standard.
10/8/1980 8/24/1982 47 FR 36822.......... (c) 20............... EPA took ``no
action'' on
definition of the
term ``acceptable
method'' because did
not ensure
consistency with EPA
monitoring
regulations.
10/8/1980 11/2/1982 47 FR 49646.......... (c) 20............... Correction to
subparagraph
designation.
10/8/1980 12/13/1985 50 FR 50906.......... (c) 35............... Approved definition
of acceptable
method.
2/25/1991 3/24/1992 57 FR 10139.......... (c) 61............... Requires use of low
sulfur fuels at
Connecticut Light &
Power in Montville.
[[Page 747]]
2/14/1992 11/20/1992 57 FR 54703.......... (c) 59............... Requires use of low
sulfur fuels at
Stones CT Paperboard
Corp.
2/5/1992 11/20/1992 57 FR 54703.......... (c) 59............... Requires use of low
sulfur fuel at
Hartford Hospital.
22a-174-24........................ Connecticut primary 4/7/2014 6/24/2015 80 FR 36242.......... (c)(106)............. All of 22a-174-24 is
and secondary approved, with the
ambient air quality exception of
standards. subsection (m)
Dioxin, which
Connecticut withdrew
from its SIP
submittal.
22a-174-25........................ Effective date....... 4/4/1972 5/31/1972 37 FR 23085.......... (b).
22a-174-27........................ Emissions standards 3/26/1998 3/10/1999 64 FR 12005.......... (c)78................ Revised Department of
for periodic motor Environmental
vehicle inspection Protection
and maintenance. regulation contain I/
M emission
standards.
22a-174-27........................ Emission standards 8/25/2004 12/5/2008 74 FR 74019.......... (c)(98).............. DEP regulations
and on-board including emissions
diagnostic II test standards and OBD2
requirements for requirements.
periodic motor Paragraph
vehicle inspection 52.370(c)(98) was
and maintenance. revised March 17,
2015 by
redesignating
paragraph
(c)(98)(i)(A) as
(c)(98)(i)(A)(1) and
adding paragraph
(c)(98)(i)(A)(2) to
read as follows: (2)
In revisions to the
State Implementation
Plan submitted by
the Connecticut
Department of
Environmental
Protection on
January 22, 2010
section 22a-174-27
(e) was repealed by
the State of
Connecticut
effective August 10,
2009. Section 22a-
174-27 (e), which
was approved in
paragraph
(c)(98)(i)(A)(1), is
removed from the SIP
without replacement;
see paragraph
(c)(105)(i)(B) of
this section.
[[Page 748]]
22a-174-27........................ Emission standards 8/10/2009 3/17/2015 80 FR 13770.......... (c)(105)............. This SIP revision
and on-board includes a change to
diagnostic II test exempt composite
requirements for vehicles from
periodic motor tailpipe
vehicle inspection inspections.
and maintenance. Revision to Section
22a-174-27 (b) and
removal of Section
22a-174-27 (e).
22a-174-28........................ SIP revision 9/28/1999 1/31/2000 64 FR 67188.......... (c)(83).............. This SIP revision
concerning removes the
Oxygenated Gasoline. oxygenated gasoline
requirement for the
Connecticut portion
of the New York--N.
New Jersey--Long
Island area and
changes it to a
contingency measure
for maintaining the
carbon monoxide
National Ambient Air
Quality Standard in
the southwest
Connecticut area.
22a-174-28........................ SIP revision 4/7/2014 6/24/2015 80 FR 36242.......... (c)(106)............. Amendment of
concerning subdivision (a)(5)
Oxygenated Gasoline. Control period.
14-164c........................... Periodic Motor 4/7/1998 3/10/1999 64 FR 12005.......... (c)78................ Revised Department of
Vehicle Inspection Motor Vehicles
and Maintenance. regulation for the
Connecticut I/M
Program.
6/24/1999 10/27/2000 10/27/2000, 65 FR (c)89................ Revised subsection
64360. (b) of Section 14-
164c-11a of the
Department of Motor
Vehicles regulation
concerning emissions
repairs expenditure
requirement to
receive waver.
14-164c........................... Periodic Motor 5/28/2004 12/5/2008 74 FR 74019.......... (c)(98).............. DMV regulation
Vehicle Emissions revisions for test
Inspection and and repair network
Maintenance. and implementing
OBD2 and other
tests.
22a-174-30........................ Gasoline Vapor 1/12/1993 12/17/1993 58 FR 65930.......... (c) 62............... Requires Stage II
Recovery. vapor recovery from
gasoline dispensers.
1/18/1994 59 FR 2649........... (c) 62............... Correction to 12/17/
1993 notice.
[[Page 749]]
5/10/2004 8/31/2006 71 FR 51761.......... (c)(95).............. Added new
requirements for PV
vents and increased
frequency of Stage
II testing. All of
22a-174-30 is
approved with the
exception of
subsection (c)(5),
which the state did
not submit as part
of the SIP revision.
22a-174-30........................ Dispensing of 7/8/2015 12/15/2017 82 FR 59519.......... (c)117............... 22a-174-30 was
Gasoline/Stage II repealed by CT and
Vapor Recovery. withdrawn from the
SIP and replaced by
22a-174-30a.
22a-174-30a....................... Stage I Vapor 7/8/2015 12/15/2017 82 FR 59519.......... (c)117............... Replaces the repealed
Recovery. section 22a-174-30.
22a-174-32........................ Reasonably available 11/18/1993 3/10/1999 64 FR 12024.......... (c)(76).............. Conditional approval
control technology of the addition of
for volatile organic non-CTG VOC RACT
compounds. requirements.
22a-174-32 8/27/1999 10/19/2000 65 FR 62624.......... (c)(84).............. Changes to the non-
CTG regulation.
22a-174-32........................ Reasonably available 4/15/2002 10/24/2005 70 FR 61384.......... (c)(96).............. VOC RACT for
control technology Hitchcock Chair.
for volatile organic
compounds.
22a-174-32........................ Reasonably available 4/23/2001 10/24/2005 70 FR 61384.......... (c)(96).............. VOC RACT for Kimberly
control technology Clark.
for volatile organic
compounds.
22a-174-32........................ Reasonably available 10/3/2002 10/24/2005 70 FR 61384.......... (c)(96).............. VOC RACT for Watson
control technology Laboratories.
for volatile organic
compounds.
22a-174-32........................ Reasonably available 10/4/2002 10/24/2005 70 FR 61384.......... (c)(96).............. VOC RACT for Ross &
control technology Roberts.
for volatile organic
compounds.
22a-174-32........................ Reasonably available 9/13/2005 5/1/2017 82 FR 20262.......... (c)(115)............. VOC RACT for Mallace
control technology Industries
for volatile organic
compounds.
22a-174-32........................ Reasonably available 9/3/2009 5/1/2017 82 FR 20262.......... (c)(115)............. VOC RACT for Hamilton
control technology Sundstrand
for volatile organic
compounds.
22a-174-32........................ Reasonably available 7/8/2015 12/15/2017 82 FR 59519.......... (c)117............... Revises section
control technology (b)(3).
for volatile organic
compounds.
22a-174-36........................ Low Emission Vehicles 12/23/1994 3/9/2000 65 FR 12479.......... (c)(79).............. Approval of Low
Emission Vehicle
Program.
22a-174-36b....................... Low Emission Vehicles 12/22/2005 3/17/2015 80 FR 13770.......... (c)(105)............. Adoption of
II Program.. Connecticut's Low
Emissions Vehicle II
(LEV II) Program.
Sections 22a-174-36b
(a), (b), (d), (f)
through (j), (l),
(m), and new
sections (n) and
(o).
[[Page 750]]
22a-174-36b....................... Low Emission Vehicles 8/10/2009 3/17/2015 80 FR 13770.......... (c)(105)............. Sections 22a-174-36b
II Program.. (c), (e), and (k).
22a-174-36(g)..................... Alternative Means of 1/29/1999 3/9/2000 65 FR 12479.......... (c)(79).............. Approval of
Compliance via the Alternative Means of
National Low Compliance via the
Emission Vehicle National Low
(LEV) Program. Emission Vehicle
(LEV) Program for
the ``California''
low emission vehicle
program adopted
above.
22a-174-38........................ Municipal Waste 10/26/2000 12/6/2001 66 FR 63312.......... c(90)................ The nitrogen oxide
Combustors. emission limits and
related regulatory
provisions of 22a-
174-38, Municipal
Waste Combustors,
included in sections
22a-174-38 (a), (b),
(c), (d), (i), (j),
(k), (l), and (m).
22a-174-38........................ Municipal Waste 8/2/2016 7/31/2017 82 FR 35454.......... (c)(116)............. Portions of
Combustors. previously approved
regulation were
revised, primarily
to incorporate
tightened NOX
emission limit for
mass burn water-
walled units.
22a-174-40........................ Consumer Products.... 10/5/2017 11/19/2018 83 FR 58188.......... (c)(119).
22a-174-41........................ Architectural and 10/5/2017 11/19/2018 83 FR 58188.......... (c)(119).
Industrial
Maintenance
Products--Phase 1.
22a-174-41a....................... Architectural and 10/5/2017 11/19/2018 83 FR 58188.......... (c)(119).
Industrial
Maintenance
Products--Phase 2.
22a-174-43........................ Portable Fuel 5/10/2004 8/31/2006 71 FR 51761.......... (c)(95)..............
Container Spillage
Control.
22a-174-43........................ Portable Fuel 5/10/2004 9/1/2016 81 FR 60274.......... (c)(95).............. DEEP regulation to
Container Spillage control portable
Control. fuel container
spillage. Paragraph
(c)(95) was revised
9/1/16 by removing
and reserving
paragraph
(c)(95)(i)(C).
22a-174-44........................ Adhesives and 10/03/2008 6/9/2014 79 FR 32873.......... (c)(103).............
Sealants.
22a-174-100....................... Permits for 1/9/1974 2/25/1974 39 FR 7280........... (c) 4................ Requires review of
construction of air impacts of
indirect sources indirect sources.
Rescinded from
federal SIP.
8/20/1974 2/13/1976 41 FR 6765........... (c) 6................ Added indirect source
review (ISR)
regulations.
6/30/1977 1/26/1979 44 FR 5427........... (c) 9.
NA 12/23/1979 45 FR 84769.......... (c) 11............... SIP shown to attain
standards as
expeditiously as
practicable without
ISR regulation.
[[Page 751]]
Connecticut General Statutes Interest in conflict 10/1/1989 6/3/2016 81 FR 35636.......... c(112)............... Criteria for
Section 1-85. with discharge of identifying a
duties. conflict of
interest.
Connecticut General Statutes Sulfur content of 7/1/2015 8/1/2017 83 FR 37437.......... c (118).............. Allowable sulfur
Section 16a-21a. home heating oil and content of fuels
off road diesel provided. Criteria
fuel. Suspension of for suspension of
requirements for requirements and for
emergency. enforcement
Enforcement. identified.
Connecticut General Statutes Duties of 10/1/1989 6/3/2016 81 FR 35636.......... c(112)............... Obligations and
Section 22a-171. Commissioner of activities of the
Energy and Commissioner
Environmental identified.
Protection..
Connecticut General Statute, Title Powers of the 3/30/2000 9/1/2016 81 FR 60274.......... (c)(113)............. Control of open
446c, Section 22a-174(f). commissioner. Open burning; see
Burning. paragraph
(c)(113)(A) of this
section.
Connecticut Public Act No. 13-120. An act concerning 6/18/2013 12/15/2017 82 FR 59519.......... (c)117............... Revises section 22a-
gasoline Vapor 174e of the
recovery systems. Connecticut General
Statutes to require
decommissioning of
Stage II Vapor
Recovery Systems.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[62 FR 52022, Oct. 6, 1997; 62 FR 65224, Dec. 11, 1997, as amended at 63
FR 6487, Feb. 9, 1998; 63 FR 20318, Apr. 24, 1998; 64 FR 12024, Mar. 10,
1999; 64 FR 52238, Sept. 28, 1999; 64 FR 67192, Dec. 1, 1999; 65 FR
12479, Mar. 9, 2000; 65 FR 62624, Oct. 19, 2000; 65 FR 64360, Oct. 27,
2000; 65 FR 81746, Dec. 27, 2000; 66 FR 16137, Mar. 23, 2001; 66 FR
63312, Dec. 6, 2001; 68 FR 9011, Feb. 27, 2003; 70 FR 61387, Oct. 24,
2005; 71 FR 51765, Aug. 31, 2006; 73 FR 4109, Jan. 24, 2008; 73 FR
74026, Dec. 5, 2008; 77 FR 50600, Aug. 22, 2012; 79 FR 32875, June 9,
2014; 79 FR 39329, July 10, 2014; 79 FR 41436, July 16, 2014; 80 FR
13770, Mar. 17, 2015; 80 FR 36245, June 24, 2015; 80 FR 43964, July 24,
2015; 80 FR 45890, Aug. 3, 2015; 80 FR 67644, Nov. 3, 2015; 81 FR 35640,
June 3, 2016; 81 FR 33138, May 25, 2016; 81 FR 60277, Sept. 1, 2016; 82
FR 20266, May 1, 2017; 82 FR 35456, July 31, 2017; 82 FR 59521, Dec. 15,
2017; 83 FR 37439, Aug. 1, 2018; 83 FR 58190, Nov. 19, 2018; 84 FR 4339,
Feb. 15, 2019]
Editorial Note: At 79 FR 39329, July 10, 2014, Sec. 52.385 was
amended; however, portions of the amendment could not be incorporated
due to inaccurate amendatory instruction.
Sec. 52.386 Section 110(a)(2) infrastructure requirements.
(a) The Connecticut Department of Energy and Environmental
Protection submitted the following infrastructure SIPs on these dates:
2008 Pb NAAQS--October 13, 2011; 2008 ozone NAAQS--December 28, 2012;
2010 NO2 NAAQS--January 2, 2013; and 2010 SO2
NAAQS--May 30, 2013. These infrastructure SIPs are approved, with the
exception of certain elements within 110(a)(2)(C)(ii), D(i)(II), and
J(iii), which are conditionally approved. Connecticut submitted
infrastructure SIPs for the 1997 and 2006 PM2.5 NAAQS on
September 4, 2008, and September 18, 2009, respectively, and elements
110(a)(2)(A), D(ii), and E(ii), which were previously conditionally
approved, are now approved. Also with respect to the 1997 and 2006
PM2.5 NAAQS, elements related to PSD, which include
110(a)(2)C(ii), D(i)(II), and J(iii) are newly conditionally approved.
Connecticut also submitted an Infrastructure SIP for the 1997 8-hour
ozone NAAQS on December 28, 2007, and element 110(a)(2)(D)(ii), which
was previously conditionally approved, is now approved.
[[Page 752]]
(b) On May 30, 2013, the State of Connecticut submitted a State
Implementation Plan (SIP) revision addressing the Section
110(a)(2)(D)(i)(I) interstate transport requirements of the Clean Air
Act for the 2010 SO2 National Ambient Air Quality Standards
(NAAQS). EPA has found that Connecticut's May 30, 2013 submittal meets
the requirements of Section 110(a)(2)(D)(i)(I) for the 2010
SO2 NAAQS.
(c) The Connecticut Department of Energy and Environmental
Protection submitted the following infrastructure SIPs on these dates:
2006 PM2.5 NAAQS--August 19, 2011 (CAA section
110(a)(2)(D)(i)(I) transport provisions), and 2012 PM2.5
NAAQS--December 14, 2015. These infrastructure SIPs are approved. Also
with respect to the 1997 and 2006 PM2.5, 1997 and 2008 ozone,
2008 lead, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS,
elements related to PSD, which are in CAA section 110(a)(2)(C),
(D)(i)(II), and (J) and were previously conditionally approved, are now
approved.
[81 FR 35640, June 3, 2016, as amended at 82 FR 37015, Aug. 8, 2017; 83
FR 37440, Aug. 1, 2018]
Sec. 52.387 Interstate Transport for the 1997 8-hour ozone and PM2.5 NAAQS.
On March 13, 2007, the State of Connecticut submitted a State
Implementation Plan (SIP) revision addressing the Section
110(a)(2)(D)(i) interstate transport requirements of the Clean Air Act
for the 1997 8-hour ozone and PM2.5 National Ambient Air
Quality Standards (NAAQS). There are four distinct elements related to
the impact of interstate transport of air pollutants. These include
prohibiting significant contribution to downwind nonattainment of the
NAAQS, interference with maintenance of the NAAQS, interference with
plans in another state to prevent significant deterioration of air
quality, and interference with efforts of other states to protect
visibility. EPA has found that Connecticut's March 13, 2007 submittal
adequately addresses these four distinct elements and has approved the
submittal as meeting the requirements of Section 110(a)(2)(D)(i) for the
1997 8-hour ozone and PM2.5 NAAQS.
[73 FR 25518, May 7, 2008]
Subpart I_Delaware
Sec. 52.420 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Delaware 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 May 25,
2018, 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 May 25, 2018 for the State of Delaware 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 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 May 25, 2018 for the State of Delaware 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.
[[Page 753]]
(c) EPA approved regulations.
EPA-Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State Additional
State regulation (7 DNREC 1100) Title/subject effective date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
1101 Definitions and Administrative Principles
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR Revised format for
48566. all definitions
which EPA has
previously
approved as part
of the SIP.
Section 2.0..................... Definitions.......... 9/10/2009 5/31/2019, 84 FR Updated definition
25183. of Volatile
Organic Compound.
Previous approval
8/11/2010.
Section 3.0..................... Administrative 9/11/2008 8/11/2010, 75 FR
Principles. 48566.
Section 4.0..................... Abbreviations........ 9/11/2008 8/11/2010, 75 FR
48566.
----------------------------------------------------------------------------------------------------------------
1102 Permits
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Applicability........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Application/ 9/11/2008 8/11/2010, 75 FR
Registration 48566.
Prepared by
Interested Party.
Section 4.0..................... Cancellation of 9/11/2008 8/11/2010, 75 FR
Construction Permits. 48566.
Section 5.0..................... Action on 9/11/2008 8/11/2010, 75 FR
Applications. 48566.
Section 6.0..................... Denial, Suspension or 9/11/2008 8/11/2010, 75 FR
Revocation of 48566.
Operating Permits.
Section 7.0..................... Transfer of Permit/ 9/11/2008 8/11/2010, 75 FR
Registration 48566.
Prohibited.
Section 8.0..................... Availability of 9/11/2008 8/11/2010, 75 FR
Permit/Registration. 48566.
Section 9.0..................... Registration 9/11/2008 8/11/2010, 75 FR
Submittal. 48566.
Section 10.0.................... Source Category 9/11/2008 8/11/2010, 75 FR
Permit Application. 48566.
Section 11.0.................... Permit Application... 9/11/2008 8/11/2010, 75 FR
48566.
Section 12.0.................... Public Participation. 9/11/2008 8/11/2010, 75 FR
48566.
Section 13.0.................... Department Records... 9/11/2008 8/11/2010, 75 FR
48566.
Appendix A...................... [List of Permits 1/11/2006 12/4/2012, 77 FR Addition of
Exemptions]. 9/11/2008 71700. paragraphs 32.0
and 33.0
(formerly gg. and
hh.
respectively).
----------------------------------------------------------------------------------------------------------------
1103 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 1/11/2014 6/17/2014, 79 FR Revised sections
34441.
Section 2.0..................... General Restrictions. 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Suspended 9/11/2008 8/11/2010, 75 FR
Particulates. 48566.
Section 4.0..................... Sulfur Dioxide....... 1/11/2014 6/17/2014, 79 FR Revised sections
34441.
Section 5.0..................... Carbon Monoxide...... 9/11/2008 8/11/2010, 75 FR
48566.
Section 6.0..................... Ozone................ 1/11/2014 6/17/2014, 79 FR Revised sections
34441.
Section 8.0..................... Nitrogen Dioxide..... 1/11/2014 6/17/2014, 79 FR Revised sections.
34441.
Section 10.0.................... Lead................. 1/11/2014 6/17/2014, 79 FR Revised sections.
34441.
Section 11.0.................... PM10 and PM2.5 1/11/2014 6/17/2014, 79 FR Revised sections
Particulates. 34441.
----------------------------------------------------------------------------------------------------------------
1104 Particulate Emissions from Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Emission Limits...... 9/11/2008 8/11/2010, 75 FR
48566.
----------------------------------------------------------------------------------------------------------------
1105 Particulate Emissions from Industrial Process Operations
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... General Restrictions. 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Restrictions on Hot 9/11/2008 8/11/2010, 75 FR
Mix Asphalt Batching 48566.
Operations.
Section 4.0..................... Restrictions on 9/11/2008 8/11/2010, 75 FR
Secondary Metal 48566.
Operations.
Section 5.0..................... Restrictions on 9/11/2008 8/11/2010, 75 FR
Petroleum Refining 48566.
Operations.
[[Page 754]]
Section 6.0..................... Restrictions on Prill 9/11/2008 8/11/2010, 75 FR
Tower Operation. 48566.
Section 7.0..................... Control of 9/11/2008 8/11/2010, 75 FR
Potentially 48566.
Hazardous
Particulate Matter.
----------------------------------------------------------------------------------------------------------------
1106 Particulate Emissions from Construction and Materials Handling
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Demolition........... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Grading, Land 9/11/2008 8/11/2010, 75 FR
Clearing, Excavation 48566.
and Use of Non-Paved
Roads.
Section 4.0..................... Material Movement.... 9/11/2008 8/11/2010, 75 FR
48566.
Section 5.0..................... Sandblasting......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 6.0..................... Material Storage..... 9/11/2008 8/11/2010, 75 FR
48566.
----------------------------------------------------------------------------------------------------------------
1107 Particulate Emissions from Incineration of Noninfectious Waste
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2....................... Restrictions......... 12/8/1983 10/3/1984, 49 FR Provisions were
39061. revised 10/13/
1989 by State,
but not submitted
to EPA as SIP
revisions.
----------------------------------------------------------------------------------------------------------------
1108 Sulfur Dioxide Emissions from Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Limit on Sulfur 9/11/2008 8/11/2010, 75 FR
Content of Fuel. 48566.
Section 3.0..................... Emissions Control in 9/11/2008 8/11/2010, 75 FR
Lieu of Sulfur 48566.
Content Limits of
2.0 of this
Regulation.
----------------------------------------------------------------------------------------------------------------
1109 Emissions of Sulfur Compounds from Industrial Operations
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Restrictions on 9/11/2008 8/11/2010, 75 FR Section 2.2 (State
Sulfuric Acid 48566. effective date: 9/
Manufacturing 26/1980) is
Operations. Federally
enforceable as a
Section 111(d)
plan and codified
at 40 CFR
62.1875.
Section 3.0..................... Restriction on Sulfur 9/11/2008 8/11/2010, 75 FR
Recovery Operations. 48566.
Section 4.0..................... Stack Height 9/11/2008 8/11/2010, 75 FR
Requirements. 48566.
----------------------------------------------------------------------------------------------------------------
1110 Control of Sulfur Dioxide Emissions--Kent and Sussex Counties
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Requirements for 9/11/2008 8/11/2010, 75 FR
Existing Sources of 48566.
Sulfur Dioxide.
Section 2.0..................... Requirements for New 9/11/2008 8/11/2010, 75 FR
Sources of Sulfur 48566.
Dioxide.
----------------------------------------------------------------------------------------------------------------
1111 Carbon Monoxide Emissions from Industrial Process Operations--New Castle County
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Restrictions on 9/11/2008 8/11/2010, 75 FR
Petroleum Refining 48566.
Operations.
----------------------------------------------------------------------------------------------------------------
1112 Control of Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Applicability........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Standards............ 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... Exemptions........... 9/11/2008 8/11/2010, 75 FR
48566.
Section 5.0..................... Alternative and 9/11/2008 8/11/2010, 75 FR
Equivalent RACT 48566.
Determination.
Section 6.0..................... RACT Proposals....... 9/11/2008 8/11/2010, 75 FR
48566.
[[Page 755]]
Section 7.0..................... Compliance, 9/11/2008 8/11/2010, 75 FR
Certification, 48566.
Recordkeeping, and
Reporting
Requirements.
----------------------------------------------------------------------------------------------------------------
1113 Open Burning
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Purpose.............. 4/11/2007 9/20/2007 72 FR
53686.
Section 2.0..................... Applicability........ 4/11/2007 9/20/2007 72 FR
53686.
Section 3.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... Prohibitions and 9/11/2008 8/11/2010, 75 FR
Related Provisions. 48566.
Section 5.0..................... Season and Time 9/11/2008 8/11/2010, 75 FR
Restrictions. 48566.
Section 6.0..................... Allowable Open 9/11/2008 8/11/2010, 75 FR
Burning. 48566.
Section 7.0..................... Exemptions........... 4/11/2007 9/20/2007 72 FR
53686.
----------------------------------------------------------------------------------------------------------------
1114 Visible Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Requirements......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Alternate Opacity 9/11/2008 8/11/2010, 75 FR
Requirements. 48566.
Section 4.0..................... Compliance with 9/11/2008 8/11/2010, 75 FR
Opacity Standards. 48566.
----------------------------------------------------------------------------------------------------------------
1115 Air Pollution Alert and Emergency Plan
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Stages and Criteria.. 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Required Actions..... 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... Standby Plans........ 9/11/2008 8/11/2010, 75 FR
48566.
----------------------------------------------------------------------------------------------------------------
1116 Sources Having an Interstate Air Pollution Potential
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Limitations.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Requirements......... 9/11/2008 8/11/2010, 75 FR
48566.
----------------------------------------------------------------------------------------------------------------
1117 Source Monitoring, Recordkeeping and Reporting
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Definitions and 9/11/2008 8/11/2010, 75 FR
Administrative 48566.
Principles.
Section 2.0..................... Sampling and 9/11/2008 8/11/2010, 75 FR
Monitoring. 48566.
Section 3.0..................... Minimum Emission 9/11/2008 8/11/2010, 75 FR
Monitoring 48566.
Requirements for
Existing Sources.
Section 4.0..................... Performance 9/11/2008 8/11/2010, 75 FR
Specifications. 48566.
Section 5.0..................... Minimum Data 9/11/2008 8/11/2010, 75 FR
Requirements. 48566.
Section 6.0..................... Data Reduction....... 9/11/2008 8/11/2010, 75 FR
48566.
Section 7.0..................... Emission Statement... 9/11/2008 8/11/2010, 75 FR
48566.
----------------------------------------------------------------------------------------------------------------
1123 Standards of Performance for Steel Plants: Electric Arc Furnaces
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Applicability........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Standard for 9/11/2008 8/11/2010, 75 FR
Particulate Matter. 48566.
Section 4.0..................... Monitoring of 9/11/2008 8/11/2010, 75 FR
Operations. 48566.
Section 5.0..................... Test Methods and 9/11/2008 8/11/2010, 75 FR
Procedures. 48566.
----------------------------------------------------------------------------------------------------------------
1124 Control of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Definitions.......... 4/11/2010 9/25/2012, 77 FR Amended to add
58953. definitions.
Section 3.0..................... Applicability........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... Compliance 9/11/2008 8/11/2010, 75 FR
Certification, 48566.
Recordkeeping, and
Reporting
Requirements for
Coating Sources.
Section 5.0..................... Compliance 9/11/2008 8/11/2010, 75 FR
Certification, 48566.
Recordkeeping, and
Reporting
Requirements for Non-
Coating Sources.
Section 6.0..................... General Recordkeeping 9/11/2008 8/11/2010, 75 FR
48566.
Section 7.0..................... Circumvention........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 8.0..................... Handling, Storage, 3/11/2011 4/13/2012, 77 FR
and Disposal of 22224.
Volatile Organic
Compounds (VOCs).
Section 9.0..................... Compliance, Permits, 9/11/2008 8/11/2010, 75 FR
Enforceability. 48566.
[[Page 756]]
Section 10.0.................... Aerospace Coatings... 9/11/2008 8/11/2010, 75 FR
48566.
Section 11.0.................... Mobile Equipment 9/11/2008 8/11/2010, 75 FR
Repair and 48566.
Refinishing.
Section 12.0.................... Surface Coating of 10/11/2011 9/25/2012, 77 FR
Plastic Parts. 58953.
Section 13.0.................... Automobile and Light- 3/11/2011 4/13/2012, 77 FR
Duty Truck Coating 22224.
Operations.
Section 14.0.................... Can Coating.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 15.0.................... Coil Coating......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 16.0.................... Paper Coating........ 3/11/2011 4/13/2012, 77 FR Amended to add
22224. ``film and foil
coating'' to the
regulated
category.
Section 17.0.................... Fabric Coating....... 9/11/2008 8/11/2010, 75 FR
48566.
Section 18.0.................... Vinyl Coating........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 19.0.................... Coating of Metal 10/11/2011 9/25/2012, 77 FR
Furniture. 58953.
Section 20.0.................... Coating of Large 10/11/2011 9/25/2012, 77 FR
Appliances. 58953.
Section 21.0.................... Coating of Magnet 9/11/2008 8/11/2010, 75 FR
Wire. 48566.
Section 22.0.................... Coating of 10/11/2011 9/25/2012, 77 FR
Miscellaneous Metal 58953.
Parts.
Section 23.0.................... Coating of Flat Wood 3/11/2011 4/13/2012, 77 FR
Panelling. 22224.
Section 24.0.................... Bulk Gasoline Plants. 9/11/2008 8/11/2010, 75 FR
48566.
Section 25.0.................... Bulk Gasoline 9/11/2008 8/11/2010, 75 FR
Terminals. 48566.
Section 26.0.................... Gasoline Dispensing 9/11/2008 8/11/2010, 75 FR
Facility--Stage I 48566.
Vapor Recovery.
Section 27.0.................... Gasoline Tank Trucks. 9/11/2008 8/11/2010, 75 FR
48566.
Section 28.0.................... Petroleum Refinery 9/11/2008 8/11/2010, 75 FR
Sources. 48566.
Section 29.0.................... Leaks from Petroleum 9/11/2008 8/11/2010, 75 FR
Refinery Equipment. 48566.
Section 30.0.................... Petroleum Liquid 9/11/2008 8/11/2010, 75 FR
Storage in External 48566.
Floating Roof Tanks.
Section 31.0.................... Petroleum Liquid 9/11/2008 8/11/2010, 75 FR
Storage in Fixed 48566.
Roof Tanks.
Section 32.0.................... Leaks from Natural 9/11/2008 8/11/2010, 75 FR
Gas/Gasoline 48566.
Processing Equipment.
Section 33.0.................... Solvent Metal 9/11/2008 8/11/2010, 75 FR
Cleaning and Drying. 48566.
Section 34.0.................... Cutback and 9/11/2008 8/11/2010, 75 FR
Emulsified Asphalt. 48566.
Section 35.0.................... Manufacture of 9/11/2008 8/11/2010, 75 FR
Synthesized 48566.
Pharmaceutical
Products.
Section 36.0.................... Stage II Vapor 9/11/2008 8/11/2010, 75 FR
Recovery. 48566.
Section 37.0.................... Graphic Arts Systems. 3/11/2011 4/13/2012 77 FR Amended to add
22224. ``flexible
packaging
printing'' to the
regulated
category.
Section 38.0.................... Petroleum Solvent Dry 9/11/2008 8/11/2010, 75 FR
Cleaners. 48566.
Section 40.0.................... Leaks from Synthetic 9/11/2008 8/11/2010, 75 FR
Organic Chemical, 48566.
Polymer, and Resin
Manufacturing
Equipment.
Section 41.0.................... Manufacture of High- 9/11/2008 8/11/2010, 75 FR
Density 48566.
Polyethylene,
Polypropylene and
Polystyrene Resins.
Section 42.0.................... Air Oxidation 9/11/2008 8/11/2010, 75 FR
Processes in the 48566.
Synthetic Organic
Chemical
Manufacturing
Industry.
Section 43.0.................... Bulk Gasoline Marine 9/11/2008 8/11/2010, 75 FR
Tank Vessel Loading 48566.
Facilities.
Section 44.0.................... Batch Processing 9/11/2008 8/11/2010, 75 FR
Operations. 48566.
Section 45.0.................... Industrial Cleaning 3/11/2011 4/13/2012, 77 FR
Solvents. 22224.
Section 46.0.................... Crude Oil Lightering 9/11/2008 8/11/2010, 75 FR
Operations. 48566.
Section 47.0.................... Offset Lithographic 4/11/2011 11/25/2011, 76 FR Amendments to
Printing and 72626. Sections 47.1
Letterpress Printing. through 47.6 to
include control
requirements for
letterpress
printing.
Section 48.0.................... Reactor Processes and 9/11/2008 8/11/2010, 75 FR
Distillation 48566.
Operations in the
Synthetic Organic
Chemical
Manufacturing
Industry.
[[Page 757]]
Section 49.0.................... Control of Volatile 9/11/2008 8/11/2010, 75 FR
Organic Compound 48566.
Emissions from
Volatile Organic
Liquid Storage
Vessels.
Section 50.0.................... Other Facilities that 9/11/2008 8/11/2010, 75 FR The SIP effective
Emit Volatile 48566. date for former
Organic Compounds Sections 50(a)(5)
(VOCs). and 50(b)(3) is 5/
1/98.
Appendix A...................... Test Methods and 9/11/2008 8/11/2010, 75 FR
Compliance 48566.
Procedures: General
Provisions.
Appendix B...................... Test Methods and 9/11/2008 8/11/2010, 75 FR
Compliance 48566.
Procedures:
Determining the
Volatile Organic
Compound (VOC)
Content of Coatings
and Inks.
Appendix C...................... Test Methods and 9/11/2008 8/11/2010, 75 FR
Compliance 48566.
Procedures:
Alternative
Compliance Methods
for Surface Coating.
Appendix D...................... Test Methods and 9/11/2008 8/11/2010, 75 FR
Compliance 48566.
Procedures: Emission
Capture and
Destruction or
Removal Efficiency
and Monitoring
Requirements.
Appendix E...................... Test Methods and 9/11/2008 8/11/2010, 75 FR
Compliance 48566.
Procedures:
Determining the
Destruction or
Removal Efficiency
of a Control Device.
Appendix F...................... Test Methods and 9/11/2008 8/11/2010, 75 FR
Compliance 48566.
Procedures: Leak
Detection Methods
for Volatile Organic
Compounds (VOCs).
Appendix G...................... Performance 9/11/2008 8/11/2010, 75 FR
Specifications for 48566.
Continuous Emissions
Monitoring of Total
Hydrocarbons.
Appendix H...................... Quality Control 9/11/2008 8/11/2010, 75 FR
Procedures for 48566.
Continuous Emission
Monitoring Systems
(CEMS).
Appendix I...................... Method to Determine 9/11/2008 8/11/2010, 75 FR
Length of Rolling 48566.
Period for Liquid/
Liquid Material
Balance.
Appendix K...................... Emission Estimation 9/11/2008 8/11/2010, 75 FR
Methodologies. 48566.
Appendix L...................... Method to Determine 9/11/2008 8/11/2010, 75 FR
Total Organic Carbon 48566.
for Offset
Lithographic
Solutions.
Appendix M...................... Test Method for 9/11/2008 8/11/2010, 75 FR
Determining the 48566.
Performance of
Alternative Cleaning
Fluids.
----------------------------------------------------------------------------------------------------------------
1125 Requirements for Preconstruction Review
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 8/11/2012 2/28/2013, 78 FR Added definitions
13496. of ``GHG'' and
``Subject to
Regulation''
under Section
1.9. Note: In
section 1.9, the
previous SIP-
approved baseline
dates for sulfur
dioxide,
particulate
matter, and
nitrogen dioxide
in the definition
of ``Baseline
Date'' remain
part of the SIP.
Section 2.0..................... Emission Offset 2/11/12 10/2/12, 77 FR Added Section
Provisions (EOP) 60053. 2.2.5, 2.4.3.3
including sections and 2.5.7.
1.0 through 3.16.4.
Sections 2.5.5 and 9/11/2013 10/20/2016, 81 FR Disapproval. See
2.5.6. 72529. 40 CFR 52.433(a).
[[Page 758]]
Section 3.0..................... Prevention of 2/11/2012 10/2/2012, 77 FR Revised Section
Significant 60053. 3.2 and 3.7.7.1.
Deterioration of Air Note: Previous
Quality. SIP-approved
revisions to
Section 3.1 for
nitrogen dioxide
increments and
Section 3.9A (now
designated as
Section 3.10.1)
for air quality
models remain
part of the SIP.
----------------------------------------------------------------------------------------------------------------
1126 Motor Vehicle Emissions Inspection Program
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Applicability and 9/11/2008 8/11/2010, 75 FR Regulation 1126
General Provisions. 48566. provisions apply
to Sussex County
only, effective
November 1, 1999.
Section 2.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Registration 9/11/2008 8/11/2010, 75 FR
Requirement. 48566.
Section 4.0..................... Exemptions........... 9/11/2008 8/11/2010, 75 FR
48566.
Section 5.0..................... Enforcement.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 6.0..................... Compliance, Waivers, 9/11/2008 8/11/2010, 75 FR
Extensions of Time. 48566.
Section 7.0..................... Inspection Facility 9/11/2008 8/11/2010, 75 FR
Requirements. 48566.
Section 8.0..................... Certification of 9/11/2008 8/11/2010, 75 FR
Motor Vehicle 48566.
Officers.
Section 9.0..................... Calibration and Test 9/11/2008 8/11/2010, 75 FR
Procedures and 48566.
Approved Equipment.
Technical Memorandum 1.......... Delaware Division of 9/11/2008 8/11/2010, 75 FR
Motor Vehicles 48566.
Vehicle Exhaust
Emissions Test.
Technical Memorandum 2.......... (Motor Vehicle 9/11/2008 8/11/2010, 75 FR
Inspection and 48566.
Maintenance Program
Emission Limit
Determination).
----------------------------------------------------------------------------------------------------------------
1127 Stack Heights
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Definitions Specific 9/11/2008 8/11/2010, 75 FR
to this Regulation. 48566.
Section 3.0..................... Requirements for 9/11/2008 8/11/2010, 75 FR
Existing and New 48566.
Sources.
Section 4.0..................... Public Notification.. 9/11/2008 8/11/2010, 75 FR
48566.
----------------------------------------------------------------------------------------------------------------
Regulation No. 31 Low Enhanced Inspection and Maintenance Program
----------------------------------------------------------------------------------------------------------------
Section 1....................... Applicability........ 10/11/2001 11/27/2003, 68 FR
66343.
Section 2....................... Low Enhanced I/M 10/11/2001 1/27/2003, 68 FR
Performance Standard. 66343.
Section 3....................... Network Type and 10/11/2001 11/27/2003, 68 FR
Program Evaluation. 66343.
Section 4....................... Test Frequency and 6/11/1999 9/30/1999, 64 FR
Convenience. 52657.
Section 5....................... Vehicle Coverage..... 10/11/2001 1/27/2003, 68 FR
66343.
Section 6....................... Test Procedures and 10/11/2001 11/27/2003, 68 FR
Standards. 66343.
Section 7....................... Waivers and 10/11/2001 11/27/2003, 68 FR
Compliance via 66343.
Diagnostic
Inspection.
Section 8....................... Motorist Compliance 10/11/2001 11/27/2003, 68 FR
Enforcement. 66343.
Section 9....................... Enforcement Against 10/11/2001 11/27/2003, 68 FR
Operators and Motor 66343.
Vehicle Technicians.
Section 10...................... Improving Repair 8/13/1998 9/30/1999, 64 FR
Effectiveness. 52657.
Section 11...................... Compliance with 8/13/1998 9/30/1999, 64 FR
Recall Notices. 52657.
Section 12...................... On-Road Testing...... 8/13/1998 9/30/1999, 64 FR
52657.
Section 13...................... Implementation 10/11/2001 11/27/2003, 68 FR
Deadlines. 66343.
Appendix 1(d)................... Commitment to Extend 8/13/1998 9/30/1999, 64 FR
the I/M Program to 52657.
the Attainment Date
From Secretary Tulou
to EPA Administrator
W. Michael McCabe.
Appendix 3(a)(7)................ Exhaust Emission 8/13/1998 9/30/1999, 64 FR
Limits According to 52657.
Model Year.
[[Page 759]]
Appendix 3(c)(2)................ VMASTM Test Procedure 6/11/1999 9/30/1999, 64 FR
52657.
Appendix 4(a)................... Sections from 8/13/1998 9/30/1999, 64 FR
Delaware Criminal 52657.
and Traffic Law
Manual.
Appendix 5(a)................... Division of Motor 8/13/1998 9/30/1999, 64 FR
Vehicles Policy on 52657.
Out of State
Renewals.
Appendix 5(f)................... New Model Year Clean 10/11/2001 11/27/2003, 68 FR
Screen. 66343.
Appendix 6(a)................... Idle Test Procedure.. 10/11/2001 1/27/2003, 68 FR
66343.
Appendix 6(a)(5)................ Vehicle Emission 8/13/1998 9/30/1999, 64 FR
Repair Report Form. 52657.
Appendix 6(a)(8)................ Evaporative System 10/11/2001 11/27/2003, 68 FR
Integrity (Pressure) 66343.
Test.
Appendix 6(a)(9)................ On-board Diagnostic 10/11/2001 11/27/2003, 68 FR
Test Procedure OBD 66343.
II Test Procedure.
Appendix 7(a)................... Emission Repair 8/13/1998 9/30/1999, 64 FR
Technician 52657.
Certification
Process.
Appendix 8(a)................... Registration Denial 8/13/1998 9/30/1999, 64 FR
System Requirements 52657.
Definition.
Appendix 9(a)................... Enforcement Against 10/11/2001 11/27/2003, 68 FR
Operators and 66343.
Inspectors.
----------------------------------------------------------------------------------------------------------------
1132 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Introductory Paragraph.......... [No Title]........... 9/11/2008 8/11/2010, 75 FR Replaces the
48566. Prologue.
Section 1.0..................... Purpose.............. 11/11/2007 4/22/2008, 73 FR
21538.
Section 2.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Consultation......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... Written Commitments 9/11/2008 8/11/2010, 75 FR
For Control and 48566.
Mitigation Measures.
----------------------------------------------------------------------------------------------------------------
1135 Conformity of General Federal Actions to the State Implementation Plans
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Purpose.............. 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Applicability........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... Conformity Analysis.. 9/11/2008 8/11/2010, 75 FR
48566.
Section 5.0..................... Reporting 9/11/2008 8/11/2010, 75 FR
Requirements. 48566.
Section 6.0..................... Public Participation 9/11/2008 8/11/2010, 75 FR
and Consultation. 48566.
Section 7.0..................... Frequency of 9/11/2008 8/11/2010, 75 FR
Conformity 48566.
Determinations.
Section 8.0..................... Criteria for 9/11/2008 8/11/2010, 75 FR
Determining 48566.
Conformity of
General Federal
Actions.
Section 9.0..................... Procedures for 9/11/2008 8/11/2010, 75 FR
Conformity 48566.
Determinations of
General Federal
Actions.
Section 10.0.................... Mitigation of Air 9/11/2008 8/11/2010, 75 FR
Quality Impacts. 48566.
Section 11.0.................... Savings Provision.... 9/11/2008 8/11/2010, 75 FR
48566.
----------------------------------------------------------------------------------------------------------------
Regulation No. 37 NOX Budget Program
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions... 12/11/1999 3/9/2000, 65 FR
12481.
Section 2....................... Applicability........ 12/11/1999 3/9/2000, 65 FR
12481.
Section 3....................... Definitions.......... 12/11/99 3/9/00 65 FR 12481.
Section 4....................... Allowance Allocation. 12/11/1999 3/9/2000, 65 FR
12481.
Section 5....................... Permits.............. 12/11/1999 3/9/2000, 65 FR
12481.
Section 6....................... Establishment of 12/11/1999 3/9/2000, 65 FR
Compliance Accounts. 12481.
Section 7....................... Establishment of 12/11/1999 3/9/2000, 65 FR
General Accounts. 12481.
Section 8....................... Opt In Provisions.... 12/11/1999 3/9/2000, 65 FR
12481.
Section 9....................... New Budget Source 12/11/1999 3/9/2000, 65 FR
Provisions. 12481.
Section 10...................... NOX Allowance 12/11/1999 3/9/2000, 65 FR
Tracking System 12481.
(NATS).
Section 11...................... Allowance Transfer... 12/11/1999 3/9/2000, 65 FR
12481.
Section 12...................... Allowance Banking.... 12/11/1999 3/9/2000, 65 FR
12481.
Section 13...................... Emission Monitoring.. 12/11/1999 3/9/2000, 65 FR
12481.
Section 14...................... Recordkeeping........ 12/11/1999 3/9/2000, 65 FR
12481.
Section 15...................... Emissions Reporting.. 12/11/1999 3/9/2000, 65 FR
12481.
Section 16...................... End-of Season 12/11/1999 3/9/2000, 65 FR
Reconciliation. 12481.
Section 17...................... Compliance 12/11/1999 3/9/2000, 65 FR
Certification. 12481.
Section 18...................... Failure to Meet 12/11/1999 3/9/2000, 65 FR
Compliance 12481.
Requirements.
[[Page 760]]
Section 19...................... Program Audit........ 12/11/1999 3/9/2000, 65 FR
12481.
Section 20...................... Program Fees......... 12/11/1999 3/9/2000, 65 FR
12481.
Appendix ``A''.................. NOX Budget Program... 12/11/1999 3/9/2000, 65 FR
12481.
----------------------------------------------------------------------------------------------------------------
1139 Nitrogen Oxides (NOX) Budget Trading Program
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Purpose.............. 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Emission Limitation.. 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Applicability........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 5.0..................... General Provisions... 9/11/2008 8/11/2010, 75 FR
48566.
Section 6.0..................... NOX Authorized 9/11/2008 8/11/2010, 75 FR
Account 48566.
Representative for
NOX Budget Sources.
Section 7.0..................... Permits.............. 9/11/2008 8/11/2010, 75 FR
48566.
Section 8.0..................... Monitoring and 9/11/2008 8/11/2010, 75 FR
Reporting. 48566.
Section 9.0..................... NATS................. 9/11/2008 8/11/2010, 75 FR
48566.
Section 10.0.................... NOX Allowance 9/11/2008 8/11/2010, 75 FR
Transfers. 48566.
Section 11.0.................... Compliance 9/11/2008 8/11/2010, 75 FR
Certification. 48566.
Section 12.0.................... End-of-Season 9/11/2008 8/11/2010, 75 FR
Reconciliation. 48566.
Section 13.0.................... Failure to Meet 9/11/2008 8/11/2010, 75 FR
Compliance 48566.
Requirements.
Section 14.0.................... Individual Unit Opt- 9/11/2008 8/11/2010, 75 FR
Ins. 48566.
Section 15.0.................... General Accounts..... 9/11/2008 8/11/2010, 75 FR
48566.
Appendix A...................... Allowance Allocations 9/11/2008 8/11/2010, 75 FR
to NOX Budget Units 48566.
under 3.1.1.1 and
3.1.1.2 of 7 DE
Admin Code 1139.
Appendix B...................... 7 DE Admin Code 1137- 9/11/2008 8/11/2010, 75 FR
7 DE Admin Code 1139 48566.
Program Transition.
----------------------------------------------------------------------------------------------------------------
1140 Delaware Low Emission Vehicle Program
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Purpose.............. 12/11/2013 10/14/2015, 80 FR
61752.
Section 2.0..................... Applicability........ 12/11/2013 10/14/2015, 80 FR
61752.
Section 3.0..................... Definitions.......... 12/11/2013 10/14/2015, 80 FR
61752.
Section 4.0..................... Emission 12/11/2013 10/14/2015, 80 FR
Certification 61752.
Standards.
Section 5.0..................... New Vehicle Emission 12/11/2013 10/14/2015, 80 FR
Requirements. 61752.
Section 6.0..................... Manufacturer Fleet 12/11/2013 10/14/2015, 80 FR
Requirements. 61752.
Section 7.0..................... Warranty............. 12/11/2013 10/14/2015, 80 FR
61752.
Section 8.0..................... Reporting and Record- 12/11/2013 10/14/2015, 80 FR
Keeping Requirements. 61752.
Section 9.0..................... Enforcement.......... 12/11/13 10/14/15, 80 FR
61752.
Section 10.0.................... Incorporation by 12/11/2013 10/14/2015, 80 FR
Reference. 61752.
Section 11.0.................... Document Availability 12/11/2013 10/14/2015, 80 FR
61752.
Section 12.0.................... Severability......... 12/11/2013 10/14/2015, 80 FR
61752.
----------------------------------------------------------------------------------------------------------------
1141 Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Architectural and 9/11/2008 8/11/2010, 75 FR
Industrial 48566.
Maintenance Coatings.
Section 2.0..................... Consumer Products.... 4/11/2009 10/20/2010, 75 FR
64673.
Section 3.0..................... Portable Fuel 4/11/2010 12/14/2010, 75 FR
Containers. 77758.
Section 4.0..................... Adhesives & Sealants. 4/11/2009 12/22/2011, 76 FR Addition of VOC
79537. limits for
adhesive and
sealant products,
including 25
adhesives, 4
adhesive primers,
5 sealants, and 3
sealant primers.
----------------------------------------------------------------------------------------------------------------
1142 Specific Emission Control Requirements
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Control of NOX 9/11/2008 8/11/2010, 75 FR
Emissions from 48566.
Industrial Boilers.
[[Page 761]]
Section 2.0..................... Control of NOX 4/11/2011 5/15/2012, 77 FR Addition of a NOX
Emissions from 28489. emissions cap
Industrial Boilers compliance
and Process Heaters alternative for
at Petroleum the Delaware City
Refineries. Refinery.
----------------------------------------------------------------------------------------------------------------
1144 Control of Stationary Generator Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... General.............. 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Emissions............ 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... Operating 1/11/2006 4/29/2008, 73 FR
Requirements. 23101.
Section 5.0..................... Fuel Requirements.... 1/11/2006 4/29/2008, 73 FR
23101.
Section 6.0..................... Record Keeping and 1/11/2006 4/29/2008, 73 FR
Reporting. 23101.
Section 7.0..................... Emissions 9/11/2008 8/11/2010, 75 FR
Certification, 48566.
Compliance, and
Enforcement.
Section 8.0..................... Credit for Concurrent 9/11/2008 8/11/2010, 75 FR
Emissions Reductions. 48566.
Section 9.0..................... DVFA Member Companies 1/11/2006 4/29/2008 73 FR
23101.
----------------------------------------------------------------------------------------------------------------
Regulation 1145 Excessive Idling of Heavy Duty Vehicles
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Applicability........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 2.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Severability......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... Operational 9/11/2008 8/11/2010, 75 FR
Requirements for 48566.
Heavy Duty Motor
Vehicles.
Section 5.0..................... Exemptions........... 9/11/2008 8/11/2010, 75 FR
48566.
Section 6.0..................... Enforcement and 9/11/2008 8/11/2010, 75 FR
Penalty. 48566.
----------------------------------------------------------------------------------------------------------------
1146 Electric Generating Unit (EGU) Multi-Pollutant Regulation
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Preamble............. 9/11/2008 8/11/2010, 75 FR Except for
48566. provisions
pertaining to
mercury
emissions.
Section 2.0..................... Applicability........ 12/11/2006 8/28/2008, 73 FR Except for
50723. provisions
pertaining to
mercury
emissions.
Section 3.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR Except for
48566. provisions
pertaining to
mercury
emissions.
Section 4.0..................... NOX Emissions 9/11/2008 8/11/2010, 75 FR
Limitations. 48566.
Section 5.0..................... SO2 Emissions 9/11/2008 8/11/2010, 75 FR
Limitations. 48566.
Section 7.0..................... Recordkeeping and 9/11/2008 8/11/2010, 75 FR Except for
Reporting. 48566. provisions
pertaining to
mercury
emissions.
Section 8.0..................... Compliance Plan...... 9/11/2008 8/11/2010, 75 FR Except for
48566. provisions
pertaining to
mercury
emissions.
Section 9.0..................... Penalties............ 9/11/2008 8/11/2010, 75 FR Except for
48566. provisions
pertaining to
mercury
emissions.
Table 4-1 (Formerly Table I).... Annual NOX Mass 9/11/2008 8/11/2010, 75 FR
Emissions Limits. 48566.
Table 5-1 (Formerly Table II)... Annual SO2 Mass 9/11/2008 3/16/2010 75 FR Modified emissions
Emissions Limits. 10/19/2009 12449. limit for
Conectiv Edge
Moor Unit 5.
----------------------------------------------------------------------------------------------------------------
1148 Control of Stationary Combustion Turbine Electric Generating Unit Emissions
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Purpose.............. 7/11/2007 11/10/2008 73 FR
66554.
Section 2.0..................... Applicability........ 9/11/2008 8/11/2010, 75 FR
48566.
Section 3.0..................... Definitions.......... 9/11/2008 8/11/2010, 75 FR
48566.
Section 4.0..................... NOX Emissions 9/11/2008 8/11/2010, 75 FR
Limitations. 48566.
Section 5.0..................... Monitoring and 9/11/2008 8/11/2010, 75 FR
Reporting. 48566.
Section 6.0..................... Recordkeeping........ 7/11/2007 11/10/2008 73 FR
66554.
Section 7.0..................... Penalties............ 9/11/2008 8/11/2010, 75 FR
48566.
----------------------------------------------------------------------------------------------------------------
[[Page 762]]
Chapter 58 Laws Regulating the Conduct of Officers and Employees of the State
----------------------------------------------------------------------------------------------------------------
Subpart I State Employees', Officers' and Officials' Code of Conduct
----------------------------------------------------------------------------------------------------------------
Section 5804.................... Definitions.......... 12/4/2012 4/17/2013, 78 FR
22785.
Section 5805.................... Prohibitions relating 12/4/2012 4/17/2013, 78 FR Paragraphs (a),
to conflicts of 22785. (b), (c), (f),
interest. (g), (h).
Section 5806.................... Code of conduct...... 12/4/2012 4/17/2013, 78 FR Paragraphs (c) and
22785. (d).
----------------------------------------------------------------------------------------------------------------
Subpart II Financial disclosure
----------------------------------------------------------------------------------------------------------------
Section 5812.................... Definitions.......... 12/4/2012 4/17/2013, 78 FR
22785.
Section 5813.................... Report disclosing 12/4/2012 4/17/2013, 78 FR Paragraphs (a),
financial 22785. (b), (c) and (d).
information.
Section 5813A................... Report disclosing 12/4/2012 4/17/2013, 78 FR Paragraphs (a),
council and board 22785. and (b).
membership.
Section 5815.................... Violations; 12/4/2012 4/17/2013, 78 FR Paragraphs (a),
penalties; 22785. (b), (c) and (d).
jurisdiction of
Superior Court.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific requirements.
EPA-Approved Delaware Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit number effective date EPA approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
Getty Oil Co................ 75-A-4......... 8/5/1975 3/7/1979, 44 FR 12423.. Sec. 52.420(c)(11).
Phoenix Steel Co.--Electric 77-A-8......... 12/2/1977 7/30/1979, 44 FR 25223. Sec. 52.420(c)(12).
Arc Furnaces Charging &
Tapping 2.
Delmarva Power & Light-- 89-A-7/APC 89/ 2/15/1989 1/22/1990, 55 FR 2067.. Sec. 52.420(c)(38).
Indian River. 197.
Citisteel................... Secretary's 7/11/2000 6/14/2001, 66 FR 32231. Electric Arc Furnace--
Order No. 2000- Approved NOX RACT
A-0033. Determination
Delaware City Refinery Secretary's 7/18/2014 12/8/2017, 82 FR 57849. (1) Fluid-coking unit
Company. Order No. 2014- (FCU) (2) fluid-
A-0014. catalytic-cracking unit
(FCCU)--Approved
Nitrogen Oxide
Reasonably Available
Control Technology
Determinations.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved non-regulatory and quasi-regulatory material.
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
----------------------------------------------------------------------------------------------------------------
Commitment to adopt a clean fuel Philadelphia- 2/26/1993 9/29/1993, 58 FR 52.422(b).
fleet program. Wilmington-Trenton 50846.
Ozone Nonattainment
Area.
1990 Base Year Emissions Philadelphia- 5/27/1994 1/24/1996, 61 FR 52.423, VOC, CO,
Inventory. Wilmington-Trenton 1838. NOX.
Ozone Nonattainment
Area.
15% Rate of Progress Plan........ Philadelphia- 2/17/1995 10/12/1999, 64 FR 52.426(a).
Wilmington-Trenton 55139.
Ozone Nonattainment
Area.
Post-1996 Rate of Progress Plan & Philadelphia- 12/29/1997, 10/29/2001, 66 FR 52.426(b).
contingency measures. Wilmington-Trenton 6/17/1999, 54598.
Ozone Nonattainment 2/3/2000,
Area. 12/20/2000
Ozone Attainment Plan Philadelphia- 5/22/1998, 10/29/2001, 66 FR 52.426(c).
Demonstration & enforceable Wilmington-Trenton 10/8/1998, 54598.
commitments. Ozone Nonattainment 1/24/2000,
Area. 12/20/2000,
10/9/2001,
10/29/2001
9/2/2003 12/5/2003, 68 FR ....................
67948.
[[Page 763]]
Mobile budgets................... Kent & New Castle 1/5/1998 10/29/2001, 66 FR 52.426(d), (e).
Counties. (rec'd); 5/ 54598.
28/1998
(rec'd); 2/
3/2000, 12/
20/2000
9/2/2003 12/5/2003, 68 FR ....................
67948.
Photochemical Assessment Philadelphia- 3/24/1994 9/11/1995, 60 FR 52.430.
Monitoring Stations (PAMS) Wilmington-Trenton 47081.
Program. Ozone Nonattainment
Area.
Small Business stationary source Statewide........... 5/16/1995 5/17/1994, 59 FR 52.460.
technical and environmental 25771.
compliance assistance program.
Commitment to establish an Statewide........... 3/19/1980 5/15/1981, 46 FR 52.465(c)(15).
ambient air quality monitoring 26767.
network.
Commitment to use available New Castle County... 8/15/1979 9/30/1981, 46 FR 52.465(c)(19).
grants and funds to provide for 47777.
basic transportation needs.
Executive order pertaining to Statewide........... 8/7/1978 9/29/1981, 46 FR 52.465(c)(22).
financial disclosures by State 47544.
officials [CAA Section 128].
Lead (Pb) SIP.................... Statewide........... 12/23/1980 9/10/1981, 46 FR 52.465(c)(24).
45160.
Procedures to notify EPA of PSD Statewide........... 2/27/1981 3/15/1982, 47 FR 52.465(c)(29).
sources locating within 100 km 11014.
of a Class I PSD area.
RACT under the 8-Hour NAAQS...... Delaware (Statewide) 10/2/2006 7/23/2008, 73 FR ....................
42681.
Reasonable Further Progress Plan Delaware portion of 6/13/2007 4/8/2010, 75 FR
(RFP), Reasonably Available the Philadelphia 17863.
Control Measures, and 1997 8-hour ozone
Contingency Measures. moderate
nonattainment area.
2002 Base Year Inventory for VOC, Delaware portion of 6/13/2007 4/8/2010, 75 FR
NOX, and CO. the Philadelphia 17863.
1997 8-hour ozone
moderate
nonattainment area.
2008 RFP Transportation Delaware portion of 6/13/2007 4/8/2010, 75 FR
Conformity Budgets. the Philadelphia 17863.
1997 8-hour ozone
moderate
nonattainment area.
Regional Haze Plan............... Statewide........... 9/25/2008 7/19/2011, 76 FR
42549.
Section 110(a)(2) Infrastructure Statewide........... 12/13/2007 8/4/2011, 76 FR This action
Requirements for the 1997 8-Hour 9/19/2008 47068. addresses the
Ozone NAAQS. 9/16/2009 following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M)
or portions
thereof.
Statewide........... 12/13/2007 11/6/2012, 77 FR This action
9/19/2008 66543. addresses the
9/16/2009 following CAA
4/1/2010 elements:
110(a)(2)(D)(i)(II)
or portions
thereof.
Section 110(a)(2) Infrastructure Statewide........... 12/13/2007 8/4/2011, 76 FR This action
Requirements for the 1997 PM2.5 3/12/2008 47068. addresses the
NAAQS. 9/16/2009 following CAA
3/10/2010 elements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M)
or portions
thereof.
[[Page 764]]
Statewide........... 12/13/2007 11/6/2012, 77 FR This action
3/12/2008 66543. addresses the
9/16/2009 following CAA
3/14/2012 elements:
110(a)(2)(D)(i)(II)
or portions
thereof.
Section 110(a)(2) Infrastructure Statewide........... 9/16/2009 8/4/2011, 76 FR This action
Requirements for the 2006 PM2.5 3/10/2010 47068. addresses the
NAAQS. following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M),
or portions
thereof.
Statewide........... 9/16/2009 11/6/2012, 77 FR This action
3/14/12 66543. addresses the
following CAA
elements:
110(a)(2)(D)(i)(II)
or portions
thereof.
Infrastructure element Statewide........... 9/16/2009; 8/29/2011, 76 FR
110(a)(2)(D)(i)(I) related to 4/27/2011 53638.
interstate transport.
Section 110(a)(2) Infrastructure Statewide........... 12/14/2015 9/22/2017, 82 FR This action
Requirements for the 2012 PM2.5 44318. addresses the
NAAQS. following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M).
Section 110(a)(2) Infrastructure Statewide........... 12/14/2015 7/12/2018, 83 FR Docket 2017-0152.
Requirements for the 2012 PM2.5 32209. This action
NAAQS. addresses the
infrastructure
element of CAA
section
110(a)(2)(D)(i)(I).
Section 110(a)(2) Infrastructure Statewide........... 10/17/2011 9/10/2012, 77 FR This action
Requirements for the 2008 Lead 55420. addresses the
NAAQS. following CAA
elements:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M) or
portions thereof.
Statewide........... 10/17/2011 11/6/2012, 77 FR This action
3/14/2012 66543. addresses the
following CAA
elements:
110(a)(2)(C),
(D)(i)(II), and (J)
or portions
thereof.
Attainment Demonstration for the Delaware- 06/13/2007 10/05/2012, 77 FR
1997 8-Hour Ozone National Philadelphia- 60914.
Ambient Air Quality Standard and Wilmington-Atlantic
its Associated Motor Vehicle City Moderate
Emissions Budgets. Nonattainment Area.
2002 Base Year Emissions Delaware- 4/3/2008 3/4/2013, 78 FR 52.423(c)
Inventory for the 1997 annual Philadelphia- 14020.
fine particulate matter (PM2.5) Wilmington,
standard. Pennsylvania-New
Jersey-Delaware
nonattainment area.
CAA sections 128 and Statewide........... 1/11/2013 4/17/2013, 78 FR
110(a)(2)(E)(ii) requirements in 22785.
relation to State Boards for all
criteria pollutants.
[[Page 765]]
Section 110(a)(2) Infrastructure Statewide........... 3/27/2013 10/25/2013, 78 FR This action
Requirements for the 2010 NO2 63877. addresses the
NAAQS. following CAA
elements:
110(a)(2)(A), (B),
(C), (D), (E), (F),
(G), (H), (J), (K),
(L), and (M).
1997 Annual PM2.5 Attainment Plan Delaware--Philadelph 4/3/2008 12/17/2013, 78 FR See Sec.
for Delaware and the Motor ia-Wilmington, 4/25/2012 76209. 52.427(c).
Vehicle Emission Budgets for Pennsylvania-New
2009 and 2012. Jersey-Delaware
Nonattainment Area.
Statewide........................ 5/29/2013........... 1/22/2014, Docket : 2013-0492.
79 FR 3506 This action
addresses the
following CAA
elements of section
110(a)(2): A, B, C,
D(i)(II), D(ii), E,
F, G, H, J, K, L,
and M..
Section 110(a)(2) Infrastructure Statewide........... 5/29/2013 2/6/2019, 84 FR 2060 Docket : 2013-0492.
Requirements for the 2010 SO2 This action
NAAQS. addresses CAA
section
110(a)(2)(D)(i)(I)
(prongs 1 and 2)
Section 110(a)(2) Infrastructure Statewide........... 3/27/2013 4/3/2014, 79 FR This action
Requirements for the 2008 Ozone 18644. addresses the
NAAQS. following CAA
elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M).
Section 110(a)(2) Infrastructure Statewide........... 3/27/2013 3/23/2018, 83 FR This action
Requirements for the 2008 Ozone 12669. addresses CAA
NAAQS. element
110(a)(2)(D)(i)(I).
Regional Haze Five-Year Progress Statewide........... 9/24/2013 5/5/2014, 79 FR
Report. 25506.
Maintenance plan contained in New Castle County... 12/12/2012 8/5/2014, 79 FR See Sec.
``Delaware Redesignation Request 45350. 52.427(d).
and Maintenance Plan Under the
1997 Annual PM2.5 National
Ambient Air Quality Standard For
the New Castle County Portion of
the Philadelphia-Wilmington, PA-
NJ-DE Nonattainment Area for
Fine Particles,'' dated November
27, 2012.
Maintenance plan contained in New Castle County... 12/12/2012 8/5/2014, 79 FR See Sec.
``Delaware Redesignation Request 45350. 52.427(e).
and Maintenance Plan Under the
2006 Daily PM2.5 National
Ambient Air Quality Standard For
the New Castle County Portion of
the Philadelphia-Wilmington, PA-
NJ-DE Nonattainment Area for
Fine Particles,'' dated November
27, 2012.
2011 Base Year Inventories for New Castle and 4/23/2015 10/1/2015, 80 FR Sec. 52.423(e).
the 2008 8-Hour Ozone National Sussex Counties. 59052.
Ambient Air Quality Standard.
[[Page 766]]
Reasonably Available Control Statewide........... 5/4/2015 12/8/2017, 82 FR
Technology under 2008 8-hour 57849.
ozone National Ambient Air
Quality Standard.
----------------------------------------------------------------------------------------------------------------
[63 FR 67410, Dec. 7, 1998]
Editorial Note: For Federal Register citations affecting Sec.
52.420, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
Sec. 52.421 Classification of regions.
The Delaware plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Philadelphia Interstate................. I I III I I
Southern Delaware Intrastate......................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10856, May 31, 1972, as amended at 39 FR 16345, May 8, 1974]
Sec. 52.422 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Delaware'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) Letter of February 26, 1993, from the Delaware Department of
Natural Resources and Environmental Control transmitting a commitment to
adopt either the Federal clean fuel fleet program or an alternative
substitute program by May 15, 1994.
[45 FR 14558, Mar. 6, 1980, as amended at 58 FR 50848, Sept. 29, 1993;
78 FR 33984, June 6, 2013]
Sec. 52.423 Base year emissions inventory.
EPA approves as a revision to the Delaware State Implementation Plan
the 1990 base year emission inventories for the Delaware ozone
nonattainment areas submitted by the Secretary of the Department of
Natural Resources and Environmental Control on May 27, 1994. This
submittal consists of the 1990 base year point, area, non-road mobile,
biogenic and on-road mobile source emission inventories in area for the
following pollutants: volatile organic compounds (VOC), carbon monoxide
(CO), and oxides of nitrogen (NOX).
(a) [Reserved]
(b) EPA approves as a revision to the Delaware State Implementation
Plan the 2002 base year emissions inventories for the Delaware portion
of the Philadelphia 1997 8-hour ozone moderate nonattainment area
submitted by the Secretary of the Department of Natural Resources and
Environmental Control on June 13, 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).
(c) EPA approves as a revision to the Delaware State Implementation
Plan for the 2002 base year emissions inventory for the Delaware 1997
annual fine particulate matter (PM2.5) nonattainment area
submitted by the Delaware Department of Natural Resources and
Environmental Control on April 3, 2008.
[[Page 767]]
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).
(d) EPA approves as a revision to the Delaware State Implementation
Plan the comprehensive emissions inventory for the Delaware portion of
the Philadelphia-Wilmington, PA-NJ-DE 2006 24-hour fine particulate
matter (PM2.5) nonattainment area submitted by the Delaware
Department of Natural Resources and Environmental Control on December
12, 2012. The 2007 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 for New Castle County, Delaware. The pollutants that comprise
the inventory are nitrogen oxides (NOX), volatile organic
compounds (VOCs), PM2.5, ammonia (NH3), and sulfur
dioxide (SO2).
(e) EPA approves as a revision to the Delaware State Implementation
Plan the 2011 base year emissions inventory for New Castle and Sussex
Counties for the 2008 8-hour ozone national ambient air quality standard
submitted by the Delaware Department of the Natural Resources and
Environmental Control on April 23, 2015. The 2011 base year emissions
inventory includes emissions estimates that cover the general source
categories of point sources, nonroad mobile sources, area sources,
onroad mobile sources, and biogenic sources. The pollutants that
comprise the inventory are nitrogen oxides (NOX), volatile
organic compounds (VOC), and carbon monoxide (CO).
[61 FR 1841, Jan. 24, 1996, as amended at 75 FR 17865, Apr. 8, 2010; 78
FR 14022, Mar. 4, 2013; 79 FR 45353, Aug. 5, 2014; 80 FR 59054, Oct. 1,
2015]
Sec. 52.424 Conditional approval.
(a)-(d) [Reserved]
[62 FR 27197, May 19, 1997, as amended at 63 FR 1368, Jan. 9, 1998; 63
FR 16435, Apr. 3, 1998; 64 FR 32189, June 16, 1999; 64 FR 52660, Sept.
30, 1999; 64 FR 55141, Oct. 12, 1999; 66 FR 9211, Feb. 7, 2001; 66 FR
32234, June 14, 2001]
Sec. 52.425 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) The EPA has determined, as of June 3, 2016, that based on 2012
to 2014 ambient air quality data, the Seaford, DE 2008 ozone Marginal
nonattainment area has attained the 2008 ozone NAAQS by the applicable
attainment date of July 20, 2015. Therefore, the EPA has met the
requirement pursuant to CAA section 181(b)(2)(A) to determine, based on
the area's air quality
[[Page 768]]
data as of the attainment date, whether the area attained the standard.
The EPA also determined that the Seaford nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
(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 17343, Mar. 26, 2012, as amended at 77 FR 28784, May 16, 2012; 81
FR 26709, May 4, 2016; 82 FR 50819, Nov. 2, 2017]
Sec. 52.426 Control strategy plans for attainment
and rate-of-progress: ozone.
(a) EPA fully approves, as a revision to the Delaware State
Implementation Plan, the 15 Percent Rate of Progress Plan for the
Delaware portion of the Philadelphia-Wilmington-Trenton severe ozone
nonattainment, namely Kent and New Castle Counties, submitted by the
Secretary of Delaware Department of Natural Resources and Environmental
Control on February 17, 1995.
(b)(1) EPA approves revisions to the Delaware State Implementation
Plan consisting of the Post 1996 ROP plans for milestone years 1999,
2002, and 2005 for the Delaware portion of the Philadelphia-Wilmington-
Trenton severe ozone nonattainment area, namely Kent and New Castle
Counties. These revisions were submitted by the Secretary of Delaware
Department of Natural Resources and Environmental Control on December
29, 1997, and revised on June 17, 1999, February 3, 2000, and December
20, 2000.
(2) EPA approves Delaware's contingency plans for failure to meet
ROP in the Delaware portion of the Philadelphia-Wilmington-Trenton
severe ozone nonattainment area, namely Kent and New Castle Counties,
for milestone years 1999, 2002 and 2005. These revisions were submitted
by the Secretary of Delaware Department of Natural Resources and
Environmental Control on December 29, 1997, June 17, 1999, February 3,
2000, and December 20, 2000.
(c) EPA approves the attainment demonstration SIP for the
Philadelphia-Wilmington-Trenton area submitted by the Secretary of the
Delaware Department of Natural Resources and Environmental Control on
May 22, 1998, and amended October 8, 1998, January 24, 2000, December
20, 2000, and October 9, 2001 including its RACM analysis and
determination. EPA is approving the enforceable commitments made to the
attainment plan for the Philadelphia-Wilmington-Trenton severe ozone
nonattainment area submitted by the Secretary of Delaware Department of
Natural Resources and Environmental Control on January 24, 2000 and
December 20, 2000. The enforceable commitments are to:
(1) 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,
(2) [Reserved]
(3) Perform a mid-course review by December 31, 2003.
(d) EPA is approving the following mobile budgets, explicitly
quantified as sub-budgets for each of Kent and New Castle Counties, of
the Post 1996 ROP Plans and the 1-Hour Ozone Attainment Demonstration
Plan:
[[Page 769]]
Transportation Conformity Emission Budgets for the Delaware Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Kent County New Castle County Effective date of
Type of control strategy SIP Year -------------------------------------- adequacy determination or
VOC NOX VOC NOX SIP approval
----------------------------------------------------------------------------------------------------------------
Post-1996 ROP Plan..................... 1999 7.55 11.17 22.49 29.41 April 29, 1999, (64 FR
31217, published June
10, 1999).
Post-1996 ROP Plan..................... 2002 6.30 9.81 18.44 27.29 June 23, 2000, (65 FR
36440, published June 8,
2000).
Post-1996 ROP Plan..................... 2005 4.84 7.90 14.76 22.92 May 2, 2001, (66 FR
19769, published April
17, 2001).
Attainment Demonstration............... 2005 5.14 8.42 15.08 21.28 SIP approval on December
5, 2003; Effective on
February 3, 2004.
----------------------------------------------------------------------------------------------------------------
(1)-(2) [Reserved]
(e) EPA approves Delaware's revised 2005 VOC and NOX
motor vehicle emission budgets for the 1-hour ozone attainment plan for
the Delaware portion of the Philadelphia-Wilmington-Trenton severe ozone
nonattainment area as a SIP revision. The revisions were submitted by
the Delaware Department of Natural Resources and Environmental Control
on September 2, 2003. Submittal of these revised MOBILE6-based motor
vehicle emissions budgets was a requirement of EPA's approval of the
attainment demonstration under paragraph (c) of this section.
(f) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined 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.
(g) EPA approves revisions to the Delaware State Implementation Plan
consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Delaware portion of the Philadelphia 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Department of
Natural Resources and Environmental Control on June 13, 2007.
(h) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Delaware portion of the Philadelphia 1997 8-hour
ozone moderate nonattainment area submitted by the Secretary of the
Department of Natural Resources and Environmental Control on June 13,
2007:
Transportation Conformity Emissions Budgets for the Delaware Portion of
the Philadelphia Area for the 2008 Rate of Progress Plan
------------------------------------------------------------------------
2008 Emissions Effective date of
(tons per day) adequacy
County ------------------ determination or
VOC NOX SIP approval
------------------------------------------------------------------------
Kent............................. 4.14 9.68 January 5, 2009,
(73 FR 77682),
published December
19, 2008.
New Castle....................... 10.61 21.35
Sussex........................... 7.09 12.86
------------------
State Total.................. 21.84 43.89
------------------------------------------------------------------------
(i) 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.
[64 FR 55141, Oct. 12, 1999, as amended at 66 FR 54614, Oct. 29, 2001;
68 FR 67952, Dec. 5, 2003; 73 FR 43361, July 25, 2008; 75 FR 17865, Apr.
8, 2010; 77 FR 17343, Mar. 26, 2012]
[[Page 770]]
Sec. 52.427 Control strategy: Particulate matter.
(a) Determination of attainment. EPA has determined, as of May 16,
2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality
data, the Philadelphia-Wilmington, PA-NJ-DE 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.
(b) Determination of Attainment. EPA has also 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 particulate
matter (PM2.5) nonattainment area has attained the 2006 24-
hour PM2.5 national ambient air quality standards (NAAQS).
This determination suspends the requirements for the State of DE to
submit, for the Philadelphia-Wilmington, PA-NJ-DE PM2.5
nonattainment area, 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.
(c) EPA approves the attainment plan for the 1997 annual fine
particulate matter (PM2.5) national ambient air quality
standard (NAAQS) for the Philadelphia-Wilmington, Pennsylvania-New
Jersey-Delaware nonattainment area submitted by the Secretary of the
Delaware Department of Natural Resources and Environmental Control on
April 3, 2008, as amended on April 25, 2012. The attainment plan
includes the attainment demonstration and motor vehicle emission budgets
in tons per year (tpy) used for transportation conformity purposes for
New Castle County, Delaware. The attainment plan also includes an
analysis of reasonably available control measures and reasonably
available control technology, contingency measures and the 2002 base
year emissions inventory. The 2002 base year emissions inventory was
approved in a separate rulemaking action on March 4, 2013 (78 FR 10420).
Delaware's Motor Vehicle Emission Budgets for the 1997 Annual PM2.5
NAAQS
------------------------------------------------------------------------
Type of control strategy SIP Year VOC NOX
------------------------------------------------------------------------
Attainment Plan (Milestone Year).............. 2009 257 8,448
Attainment Plan (Out Year).................... 2012 199 6,273
------------------------------------------------------------------------
(d) EPA approves the maintenance plan for the Delaware portion of
the Philadelphia-Wilmington, PA-NJ-DE PM2.5 Nonattainment
Area (New Castle County) for the 1997 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS)
submitted by the Secretary of the Delaware Department of Natural
Resources and Environmental Control on December 12, 2012. The
maintenance plans include motor vehicle emission budgets in tons per
year (tpy) used for transportation conformity purposes for New Castle
County, Delaware.
New Castle County 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 Interim Budget..... 6,273 199 9/4/2014
2025 Final Budget....... 6,273 199
----------------------------------------------------------------------------------------------------------------
(e) EPA approves the maintenance plan for the Delaware portion of
the Philadelphia-Wilmington, PA-NJ-DE PM2.5 Nonattainment
Area (New Castle County) for the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS)
submitted by the Secretary of the Delaware Department of Natural
Resources
[[Page 771]]
and Environmental Control on December 12, 2012. The maintenance plans
include motor vehicle emission budgets in tons per year (tpy) used for
transportation conformity purposes for New Castle County, Delaware.
New Castle County Motor Vehicle Emissions Budgets for the 2006 24-Hour PM2.5 NAAQS
[tpy]
----------------------------------------------------------------------------------------------------------------
Effective date
Type of control strategy SIP Year NOX PM2.5 of SIP
approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...................... 2017 Interim Budget..... 6,273 199 9/4/2014
2025 Final Budget....... 6,273 199
----------------------------------------------------------------------------------------------------------------
[77 FR 28784, May 16, 2012, as amended at 78 FR 885, Jan. 7, 2013; 78 FR
76211, Dec. 17, 2013; 79 FR 45353, Aug. 5, 2014]
Sec. Sec. 52.428-52.429 [Reserved]
Sec. 52.430 Photochemical Assessment Monitoring Stations (PAMS) Program.
On March 24, 1994 the Delaware Department of Natural Resources &
Environmental Control submitted a plan for the establishment and
implementation of a Photochemical Assessment Monitoring Stations (PAMS)
Program as a state implementation plan (SIP) revision, as required by
section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical
Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and
made it part of the Delaware SIP. As with all components of the SIP,
Delaware must implement the program as submitted and approved by EPA.
[60 FR 47084, Sept. 11, 1995]
Sec. 52.431 [Reserved]
Sec. 52.432 Significant deterioration of air quality.
(a) [Reserved]
(b) Regulation for preventing significant deterioration of air
quality. The provisions of 52.21(p) are hereby incorporated and made a
part of the applicable State plan for the State of Delaware.
(c) All applications submitted as of that date and supporting
information required pursuant to Sec. 52.21 from sources located in the
State of Delaware shall be submitted to: Delaware Department of Natural
Resources and Environmental Control, Air Resources Section, Division of
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19901.
[78 FR 33984, June 6, 2013]
Sec. 52.433 Nonattainment new source review.
(a) Disapproval. EPA is disapproving Delaware's October 15, 2013
submittal of revisions to 7 DNREC 1125, sections 2.5.5 and 2.5.6 because
it does not meet Clean Air Act (CAA) requirements which establish the
criteria under which the owner or operator of a new or modified major
stationary source must obtain the required emission offsets for the
nonattainment new source review (NSR) preconstruction permitting program
and because Delaware exercises authorities that are reserved for EPA
under section 107 of the CAA. Delaware's Federally-approved
nonattainment NSR preconstruction program in 7 DNREC 1125, sections 1.0
through 3.16.4, effective in Delaware on February 11, 2012, was fully-
approved by EPA on October 2, 2012 and continues to apply.
(b) [Reserved]
[81 FR 72537, Oct. 20, 2016]
Sec. 52.440 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 Delaware and for which requirements are set forth under the
Federal CAIR NO